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Full-Text Articles in Law
"Random Recollections", John Paul Stevens
"Random Recollections", John Paul Stevens
San Diego Law Review
Justice Stevens shares certain personal memories in this speech given as part of the Nathaniel L. Nathanson Memorial Lecture series at the University of San Diego School of Law on April 7, 2004. It was the 20th lecture in a series honoring Justice Stevens' good friend and former teacher who had a profound influence on his career.
The Administrative Law Legacy Of Kenneth Culp Davis, Ronald M. Levin
The Administrative Law Legacy Of Kenneth Culp Davis, Ronald M. Levin
San Diego Law Review
Kenneth Culp Davis, one of the twentieth century's outstanding authorities on administrative law, passed away in September 2003. This commemorative essay surveys his manifold contributions to the field. The concept that is most often associated with his name, the distinction between adjudicative facts and legislative facts, is still a crucial reference point in analyses of the right to be heard in judicial or administrative proceedings. His influence has been felt in a number of other areas as well. During the past few decades, for example, administrative adjudication has become more streamlined, rulemaking has become more widely employed, and obstacles to …
Making "Lemon-Aid" From The Supreme Court's Lemon: Why Current Establishment Clause Jurisprudence Should Be Replaced By A Modified Coercion Test, Lisa M. Kahle
San Diego Law Review
In order to eliminate inconsistent results and promote predictability in litigation, a more uniform test should be developed and applied in Establishment Clause cases. Part I of this Comment will delineate the inherent problems with the two main tests currently utilized by the Supreme Court in Establishment Clause cases: the Lemon test and the endorsement test. Part II will further highlight the flaws of the Lemon and endorsement tests by examining their application to "holiday display" cases and the recent "Ten Commandments" cases. Part III will argue that applying a modified coercion test is the best means for achieving the …
Exporting Software Components - Finding A Role For Software In 35 U.S.C. Section 271(F) Extraterritorial Patent Infringement, Steven C. Tietsworth
Exporting Software Components - Finding A Role For Software In 35 U.S.C. Section 271(F) Extraterritorial Patent Infringement, Steven C. Tietsworth
San Diego Law Review
Recent innovations in areas unimagined by previous generations have strained the patent system's ability to accommodate new technologies within the existing legal framework. This Comment explore an example of this problem involving software and proposed a framework for integration of software into a patent system oriented around tangible, physical innovations.
Response To Charles R.P. Pouncy, Applying Heterodox Economic Theory To The Teaching Of Business Law: The Road Not Taken, 41 San Diego Law Rev. 211, Robert J. Reinstein, Joanne A. Epps
Response To Charles R.P. Pouncy, Applying Heterodox Economic Theory To The Teaching Of Business Law: The Road Not Taken, 41 San Diego Law Rev. 211, Robert J. Reinstein, Joanne A. Epps
San Diego Law Review
Dean Reinstein and Associate Dean Epps respond to the statements made by Professor Pouncy in his Article, Applying Heterodox Economic Theory to the Teaching of Business Law: The Road Not Taken. The deny making the race-based statements to which Professor Pouncy refers to and seek to set the record straight from their point of view.