Law Commons^™

Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Contractors State License Board, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Athletic Commission, Shannon L. Kelly, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Cal-Osha, Sarah F. Hardy

California Regulatory Law Reporter

No abstract provided.

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Jonathan Steer, Todd N. Tappe, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Accountancy, David Deason, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Office Of Administrative Law, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.

Bureau Of State Audits, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

Little Hoover Commission, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

Motions 1998 Volume 34 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Bureau Of State Audits, Allen R. Greenway

California Regulatory Law Reporter

No abstract provided.

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Nicole Slanker, Michael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Legal Rules And Social Reform, Emily Sherwin

San Diego Law Review

Rules are designed to reduce error by prescribing actions that, in the run of cases, will produce better results than the subjects of rules would obtain if they judged for themselves what to do. At the same time, rules sometimes produce errors when applied to particular cases. If the sum of error under rules is less than the sum of error rules prevent, then the rule-making authority has reason to issue "serious" rules-rules to be followed in every case. Because rules are imperfect, however, the subjects of rules do not always have good reason to follow them. This means that …

Race, Space, And Place: The Geography Of Economic Development, Audrey G. Mcfarlane

San Diego Law Review

In 1993, Congress authorized a community and economic development program called The Empowerment Zone and Enterprise Cities Demonstration Program ("Empowerment Zones Program") to create geographic zones within certain selected cities that would be eligible for special federal attention to alleviate pervasive conditions of

poverty and economic distress within the cities. The program is self- described as a strategy "to create jobs and business opportunities in [the]

most economically-distressed areas of inner cities' by providing tax incentives and social service funds within the zone to stimulate business creation and expansion and attain, over the long-term, revitalization of

the distressed community. The …

A 'Strikingly Anomalous,' 'Anachronistic Fiction': Off-Reservation Sovereign Immunity For Indian Tribal Commercial Enterprises

San Diego Law Review

The issue of sovereign immunity is becoming an increasingly important one as tribes that were traditionally impoverished and isolated reach out and do business around the country. On the one hand, tribes have been focusing on a few, specific businesses "includ[ing] ski resorts, gambling, and sales of cigarettes to non-Indians." But more recently, as the 1998 Supreme Court case of Kiowa Tribe v. Manufacturing Technologies, Inc. notes, the "modern, wide-ranging tribal enterprises extend[] well beyond traditional tribal customs and activities." This creates some initial difficulties. Non-tribal corporations may be hesitant

to do business with tribal corporations, which themselves may be …

The Irony Of Constitutional Democracy: Federalism, The Supreme Court, And The Seventeenth Amendment, Ralph A. Rossum

San Diego Law Review

The thesis of this Article can be stated briefly: The founding generation clearly understood that federalism would be protected primarily by the mode of electing the United States Senate. The adoption and ratification of the Seventeenth Amendment, providing for direct election of the Senate,' changed all that. The Seventeenth Amendment was ultimately approved by the United States Congress and ratified by the states to make the Constitution more democratic. Progressives argued forcefully, persistently, and successfully that the democratic principle required the Senate to be elected directly by the people rather than indirectly through their state legislatures. The consequences of the …

Birbrower, Montalbano, Condon & Frank, P.C. V. Superior Court: A Defensible Outcome, But A Striking Example Of The Need To Reform Unauthorized Practice Of Law Provisions

San Diego Law Review

The comments of then-Governor Pete Wilson perhaps echo a commonly held, nationwide belief: the State Bar of California is arrogant.2 If the State Bar of California has been perceived historically as aloof, then the Supreme Court of California created a public relations nightmare-indeed, threw gasoline on a simmering inferno-with its recent opinion in the case of Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court ("Birbrower If').' In Birbrower II, the court held that a New York law firm was unable to collect the majority of its fees,

which exceeded one million dollars, because some of its attorneys- none of …

The Devil Made Me Do It: Replacing Corporate Directors' Veil Of Secrecy With The Mantle Of Stewardship, Constance E. Bagley, Karen L. Page

San Diego Law Review

This Article argues that the nature of the corporate form coupled with an exclusive focus on shareholder value leads to economically and socially inefficient results. The "profit maximization" view of directors' duties ignores the historical reasons why corporations were given special privileges, such as limited liability, by the state. This narrow view should be replaced with a doctrine of stewardship that imposes a more comprehensive view of the corporation's and directors' responsibility to manage the vast resources held in corporate form. This broader view is consistent not only with the values of a free market economy, but also with modem …

Temporal Units Of Prosecution And Continuous Acts: Judicial And Constitutional Limitations

San Diego Law Review

Part II will examine the

historical development and the Supreme Court's application of the so- called rule of lenity when adjudicating cases involving statutes with

unclear units of prosecution Part II will also examine the manner in which unclear draftsmanship has been treated in other areas of law and

will compare those areas of law with the rationale behind the rule of lenity. Finally, Part II will conclude by arguing that the rule of lenity creates a presumption opposing multiple prosecutions for the continuing violation of a statute, unless there is clear legislative intent to the contrary. Part M11 will …

The Rule In A Contribution Action Between Third-Party Insurers Wherein The Plaintiff Insurer Seeks Reimbursement Of Defense Costs From The Defendant Insurer After A Collusive Fraud On The Plaintiff Insurer Under California Law

San Diego Law Review

This Comment addresses five sub- issues, as follows:

1. Does or should an insurer have a duty to defend when it "knows" that the insured is involved in collusive fraud? 2. Assuming there is "substantial" but inconclusive evidence of collusive fraud, does an insurer who refuses to defend thereby commit a breach of duty? 3. In connection with a contribution action, are there any "gatekeeper" duties owed by the payer to the non-payer which must be satisfied? 4. Given that the non-payer denied coverage on the basis of collusive fraud, what must be proven in a subsequent contribution action? 5. …

The Tort That Refuses To Go Away: The Subtle Reemergence Of Public Disclosure Of Private Facts

San Diego Law Review

This Comment focuses instead on the subtle reemergence of the private facts tort in factual scenarios Warren and Brandeis most likely could not foresee one hundred years ago. Part II of the Comment briefly describes the development of the private facts tort. Part III examines the inevitable conflict between the private facts tort and the First Amendment, and common law attempts to reconcile that conflict through variations of the "newsworthiness" defense. Part IV focuses on the resurrection of the private facts tort in recent case law, due to judicial limitation of the newsworthiness defense. Finally, after examining the problems associated …

Strict Liability For Abnormally Dangerous Activity: The Negligence Barrier, Gerald W. Boston

San Diego Law Review

My main thesis is that the doctrine of strict liability for abnormally dangerous activity (which I sometimes refer to by the acronym SLADA), memorialized in sections 519 and 520 of the Restatement (Second) of Torts,' has evolved to the point of near extinction because courts have concluded that the negligence system functions effectively to deter the serious risks posed by the activities involved. The Restatement (Second) provides that strict liability is inapplicable when the high degree of risk can be eliminated by the exercise of reasonable care.2 The evidence demonstrates that courts are increasingly making precisely that finding, usually without …

A Jurisprudence In Disarray: On Battery, Wrongful Living, And The Right To Bodily Integrity, Mark Strasser

San Diego Law Review

The right to bodily integrity is firmly entrenched in the right to privacy jurisprudence. An individual who has that right violated by being subjected to an unwanted touching can sue for damages. For example, an individual who receives medical treatment against her will can bring an action for battery, even if that treatment provides her a net benefit.' Yet, the determination of whether our current system provides either sufficient compensation for the victim of a nonconsensual physical invasion or a sufficient disincentive to possible tortfeasors to prevent such invasions is only possible after the potential damages for such invasions are …

Should A Possession Or Use Standard Be Employed To Prove Insider Trading?

San Diego Law Review

This Comment endorses the legislative adoption of an initial rebuttable presumption in favor of the complainant in insider trading cases. This presumption would create a strong inference of "actual use"

upon proof that the defendant was in possession of material and non- public information at the time he consummated a securities transaction.

Moreover, the inference would establish a prima facie case of insider trading sufficient to withstand summary judgment. This Comment argues that such a presumption is appropriate as it is consistent with the plain language of section 10(b) of the Securities Exchange Act of 19345

and SEC Rule lOb-5. …

War Decisions In The Late 1990s By Partial Congressional Declaration, Charles Tiefer

San Diego Law Review

The great surprise in actual war powers decision making of the late 1990s has been the emergence of a practically decisive, yet

constitutionally unexplored paradigm: "partial" congressional declara- tion of war.' Presently, the Senate and the House seem to have the

function of deciding on warlike action through unmatched, "partial" declarations; just how constitutional can this be?