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Full-Text Articles in Law
Acreage, Residency And Excess-Land Sale: Striking A Balance Between Modern Agriculture And Historic Water Policy, Randall F. Koenig, Peter R.J. Thompson
Acreage, Residency And Excess-Land Sale: Striking A Balance Between Modern Agriculture And Historic Water Policy, Randall F. Koenig, Peter R.J. Thompson
San Diego Law Review
This comment examines acreage and residency limitations on federally subsidized water. The first issue addressed by the author is whether the present 160-acre irrigation entitlement should be raised to conform with modern agriculture. The second issue addressed by the author is the requirement that any purchaser of excess land would be required to reside within fifty miles of the land. The author concludes by examining current proposals for sale of excess land owned by persons not meeting the acreage limitation and by non-residents as well as legislation recommending government purchase of excess land, sale to would-be buyers lacking money and …
Values In A Lawyer's Life, Clinton Bamberger
Values In A Lawyer's Life, Clinton Bamberger
San Diego Law Review
This brief article examines how we should measure value in a lawyer's life. The author summarizes with a quote by George Sharswood that no man can ever be a great lawyer without first being a good man. The author concludes that the measure of a lawyer's life should be the effort put forth towards being a good man.
Tender Offerors: Enter The Control Battle At Your Own Risk, Michael F. Brown
Tender Offerors: Enter The Control Battle At Your Own Risk, Michael F. Brown
San Diego Law Review
This comment analyzes the evolution of the cash tender offer as a mechanism for acquiring corporate control. The author begins by exploring the history and regulation of cash tender offers. Next, the author examines the Supreme Court's decision in Piper v. Chris-Craft Industries, Inc. in which the Supreme Court held that a tender offeror does not have standing to sue for damages under the Williams Act when suing in its capacity as a takeover bidder. The author concludes that the Supreme Court's decision effectively undermines the congressional purposes underlying the enactment of section 14(e) and should be limited to its …
The Future Of Fetal Research In California: A Proposal For Change, Paula L. Lehmann
The Future Of Fetal Research In California: A Proposal For Change, Paula L. Lehmann
San Diego Law Review
This comment explores statutes regulating fetal research and the trend to regulate experimentation through legislation. The author begins by giving an overview of fetal research including exactly what the term fetal research means. The author then discusses the emergence of the fetal research controversy around the time of Roe v. Wade . Next the author examines California 's legislative response to the controversy and the effect of these regulations on research in California . Finally, the author discusses the possible federal legislation and the problems that might be involved in such legislation.
Foreword, Patsy T. Mink
Foreword, Patsy T. Mink
San Diego Law Review
In this foreword, the writing claims that the major dimensions of the United Nations Conference on the Law of the Sea (UNCLOS) remains a major systematic conflict among diverse national and international perspectives, values, norms, and expectations. The sixth session of UNCLOS has highlighted the highly politicized nature of economics in relations among nations, the growing capacity of developing countries to identify and coalesce around mutually perceived core interests, and the highly confrontational nature of the dialogue between developed and developing states.
Introduction, H. Gary Knight
Introduction, H. Gary Knight
San Diego Law Review
In this introduction, H. Gary Knight reflects on the coverage of the seabed question by the nine previous issues of the San Diego Law Review's "Law of the Sea" series. The introduction then introduces the two articles in this issue that pertain to the seabed question, as well the other two lead articles that deal with fisheries and pollution.
Custom And Land-Based Pollution Of The High Seas, James E. Hickey Jr.
Custom And Land-Based Pollution Of The High Seas, James E. Hickey Jr.
San Diego Law Review
This article explores existing legal sources to determine whether customary international law applies to land-based pollution of the high seas. The author begins by defining some important terms including "land-based pollution of the high seas" and "customary international law". The author then discusses customary international law as it applies to the high seas and makes analogies to international rivers, air pollution, the law of hostile expeditions, and outer space. The author addresses customary international law that has been in existence since 1958 including treaties, declarations of international bodies, and published commentary.
Different Approaches To International Regulation Of Exploitation Of Deep-Ocean Ferromanganese Nodules, F. L. La Que
Different Approaches To International Regulation Of Exploitation Of Deep-Ocean Ferromanganese Nodules, F. L. La Que
San Diego Law Review
This article examines the advantages and disadvantages of various approaches to international regulation of the exploitation of ferromangense nodules. Some of the approaches considered are licensing of an independent operator by a UN Seabed Authority, a "contract for services" alternative, a joint venture arrangement, or direct exploitation. The author claims that effects on the economies of developing nations, the transfer of technology, and the location of land-based processing plants and the control of distribution of metals from nodules need not be considered as critical factors in the choice of approaches to the regulation of deep-ocean mining.
Significant Fishery Management Issues In The Law Of The Sea Conference: Illusions And Realities, Farin Mirvahabi
Significant Fishery Management Issues In The Law Of The Sea Conference: Illusions And Realities, Farin Mirvahabi
San Diego Law Review
This article discusses several significant fishery issues left unsettled by the Third United Nations Law of the Sea Conference. The author begins by addressing the issue of 200-mile exclusive economic zones for coastal nations. Next, the author discusses several approaches of the conservation regime, including a universal approach, regional approach, treaty approach, and non-treaty approach. The author then examines regional fishery problems in the North Pacific, East Central Atlantic, and Indian Ocean. The author concludes by giving a final appraisal of the Law of the Sea Conference and a possible solution for the conservation of fisheries.
The Innocent Passage Of Warships In Foreign Territorial Seas: A Threatened Freedom, Lawrence Wayne Kaye
The Innocent Passage Of Warships In Foreign Territorial Seas: A Threatened Freedom, Lawrence Wayne Kaye
San Diego Law Review
This comment explores the right of warships to make innocent passage through foreign territorial seas. The understanding of many nations regarding the 1958 Convention on the Territorial Sea and Contiguous Zone was that all ships on a peaceful mission are allowed to move through foreign territorial waters without restriction. However, an increasing number of coastal states have begun requiring prior notice before allowing warships innocent passage. The author explores the background of this issue as well as the contentions of both sides. The author concludes that the future is gloomy for the principle of innocent passage as applied to warships.
Controlling "Pirate" Broadcasting, Mitchell J. Hanna
Controlling "Pirate" Broadcasting, Mitchell J. Hanna
San Diego Law Review
This comment examines the problem of "pirate" broadcasting. "Pirate" broadcasting is used in this comment to describe radio and television broadcasting from ships or fixed structures located on the high seas that effectively allow the broadcasters to avoid regulation by coastal states. The author starts by discussing extraterritorial jurisdiction and why it must considered while discussing "pirate" broadcasting. The author then gives a historical background of "pirate broadcasting" including attempts to prevent it. Finally, the author discusses action taken by the United Nations against "pirate broadcasting".
Territorial Status Of Deepwater Ports, Gordon Earl Dunfee
Territorial Status Of Deepwater Ports, Gordon Earl Dunfee
San Diego Law Review
This comment examines the legal status of offshore deepwater ports built to accommodate supertankers. The author argues that a deepwater port may be used in delimination of the territorial sea. The author goes on to analyze the necessity of territorial status for deepwater ports. The author also examines the circumstances that permit the expansion and resulting delimination of the coastal State's territorial sea. Finally, the author discusses the United States Deepwater Port Act of 1974, which might be the first unilateral declaration dealing with superports.
Errata In Articles: A Constitution For The Oceans And Territorial Status Of Deepwater Ports
Errata In Articles: A Constitution For The Oceans And Territorial Status Of Deepwater Ports
San Diego Law Review
No abstract provided.
A Constitution For The Oceans: Comments And Suggestions Regarding Part Xi Of The Informal Composite Negotiating Text, Elisabeth Mann Borgese
A Constitution For The Oceans: Comments And Suggestions Regarding Part Xi Of The Informal Composite Negotiating Text, Elisabeth Mann Borgese
San Diego Law Review
This article examines the provisions of Part XI of the Informal Composite Negotiating Text, which will serve as a basis for discussion at the seventh UNCLOS conference session. The author claims that there is a strong relationship between the law of the sea and efforts of the developing nations to restructure the world political and economic systems. The author makes several comments on Part XI and suggestions for how it could be reformed to accommodate developing nations in trying to create a new world economic order.
Legal Claims To Newly Emerged Islands, Jimmy L. Verner Jr.
Legal Claims To Newly Emerged Islands, Jimmy L. Verner Jr.
San Diego Law Review
This comment explores the law regarding the ownership of newly emerging islands. Specifically, the comment examines who might claim ownership of newly emerged islands between the Volcano and Mariana Islands and under what theories these claims could be made. The author begins by discussing the use of existing seabed claims to claim newly emerged islands. The author then discusses how the theories of contiguity, occupation, and discovery might be used to claim newly emerged islands. The author concludes by discussing the political feasibility of such claims and the possible effect the UNCLOS III would have.
Cultural Resources Preservation And Underwater Archaeology: Some Notes On The Current Legal Framework And A Model Underwater Antiquities Statute, James Kevin Meenan
Cultural Resources Preservation And Underwater Archaeology: Some Notes On The Current Legal Framework And A Model Underwater Antiquities Statute, James Kevin Meenan
San Diego Law Review
This note examines the legal facets of underwater archaeology and the preservation of cultural resources on the seabed. The author begins by discussing the question of who has jurisdiction to regulate and preserve cultural resources on the seabed. The author then moves on to examine antiquities legislation presently in existence and the possibility of extending or modifying it to cover underwater archaeology. The author concludes that the basic principles of the model statute might be useful in creating new laws that will extend the historic preservation all the way to the seabed.
Conservatorship For The "Gravely Disabled": California's Nondeclaration Of Nonindependence, Grant H. Morris
Conservatorship For The "Gravely Disabled": California's Nondeclaration Of Nonindependence, Grant H. Morris
San Diego Law Review
This article addresses the evolution and current use of the Lanterman-Petris-Short Act conservatees and evaluates the adequacy of counsel in representing potential conservatees through a study of the conservatorship adjudicatory process. The author begins by explaining the history of California law regarding civil commitment for the mentally disordered. The author then continues on to discuss the Lanterman-Petris-Short Act and some of its problems. Next, the author discusses a proposed solution. The author concludes by giving a real world example of how the law actually operates and calls upon lawyers representing proposed conservatees to make the most of the their opportunity …
The Scope Of The Residual Hearsay Exceptions In The Federal Rules Of Evidence, Edward J. Imwinkelried
The Scope Of The Residual Hearsay Exceptions In The Federal Rules Of Evidence, Edward J. Imwinkelried
San Diego Law Review
This article discusses the residual hearsay exceptions contained in the Federal Rules of Evidence, which permit a judge to admit trustworthy hearsay even if the declaration does not fall within a specific exception. The author begins by summarizing the common law view of the trial judge's power to recognize new hearsay exceptions. Next, the author traces the legislative history of the residual exceptions. The author then analyzes the decided cases construing the exceptions. Finally, the author examines the question whether the courts should limit the residual exception rules to hearsay statements with extraordinary probative value. The author argues that sound …
Discovery Of Psychotherapist-Patient Communications After Tarasoff, Alexander J. Olander
Discovery Of Psychotherapist-Patient Communications After Tarasoff, Alexander J. Olander
San Diego Law Review
This comment discusses the difficulties with regard to discovery in cases where a victim of violence claims a psychotherapist should have determined that a patient/assailant was dangerous and warned the victim. The author begins by describing the problem, which exists because a plaintiff will have trouble getting evidence to prove his case because the therapist-patient communications are privileged and unlike Tara off , the therapist has not yet predicted violence. The author then examines several procedural devices that might be used to overcome this problem including waiver, the patient-litigant exception, breach of duty exception, and the dangerous patient exception. Next …
Egan V. Mutual Of Omaha Insurance Co.: The Expanding Use Of Punitive Damages In Breach Of Insurance Contract Actions, Bradley Jay Fisher
Egan V. Mutual Of Omaha Insurance Co.: The Expanding Use Of Punitive Damages In Breach Of Insurance Contract Actions, Bradley Jay Fisher
San Diego Law Review
This comment discusses the case of Egan v. Mutual of Omaha Insurance Co. in which the California Court of Appeals authorized $2,500,000 in punitive damages for an Insurance company's breach of contract and the appropriateness of punitive damages in general for breach of insurance contracts. The author begins by looking at the purposes of punitive damages. The author then addresses the use of punitive damages in contact actions. Next, the author addresses punitive damages in insurance contracts before Egan. Finally the author does a critical evaluation of the Egan case and concludes that punitive damages can be an effective means …
Punitive Damages In Admiralty For Bad Faith Refusal To Provide Maintenance And Cure: Robinson V. Pocahontas, Inc., M. Robert Reinschreiber Jr.
Punitive Damages In Admiralty For Bad Faith Refusal To Provide Maintenance And Cure: Robinson V. Pocahontas, Inc., M. Robert Reinschreiber Jr.
San Diego Law Review
This comment examines Robinson v. Pocahontas, Inc., in which the First Circuit allowed punitive damages as a result of a ship owner's refusal to provide an injured seaman with maintenance and cure, and punitive damages for maritime torts in general. The author begins by stating the facts of Robinson v. Pocahontas, Inc. The author then discusses the legal foundation for the case which was Justice Stewart's dissenting opinion in Vaugh v. Atkinson. Next the author addresses punitive damages in admiralty, breach of contract actions, tortuous breach of contract actions, and under the Jones Act. The author concludes that the decision …
Errata In The Article: The Scope Of The Residual Hearsay Exceptions In The Federal Rules Of Evidence
Errata In The Article: The Scope Of The Residual Hearsay Exceptions In The Federal Rules Of Evidence
San Diego Law Review
No abstract provided.
Transsexuals In Search Of Legal Acceptance: The Constitutionality Of The Chromosome Test, Wayne Scott Cole
Transsexuals In Search Of Legal Acceptance: The Constitutionality Of The Chromosome Test, Wayne Scott Cole
San Diego Law Review
This comment discusses the problems of transsexuals seeking legal acceptance as a member of his new sex due to the chromosome test. Specifically, the comment addresses the question whether basing a person's legal rights on the results of the chromosome test is an unconstitutional violation of a transsexual's right to equal protection. The author begins by setting forth a factual background of transsexualism and sex determination. Next the author examines how the chromosome test could be attacked by an equal protection argument. The author concludes that using the chromosome test to determine a transsexual's sex violates his right to equal …