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Full-Text Articles in Law
Landlord Protective Orders--A Lack Of Guidelines For Appellate Use, George E. Arledge
Landlord Protective Orders--A Lack Of Guidelines For Appellate Use, George E. Arledge
San Diego Law Review
Protective orders have been in use for many years, but only recently have they been utilized to protect the landlord during litigation with tenants. This judicial innovation developed when the Commissioners of the District of Columbia attempted to correct the deplorable housing situation by passing stringent housing regulations. These housing regulations were passed with the full sanction of the Congress and as such reflect the sentiments of Congress toward the housing situation in the District of Columbia. Violations of these housing regulations by the landlord presented a tenant with a complete defense against dispossession for nonpayment of rent. The availability …
Landlord And Tenant--Unlawful Detainer--Storage And Sale Of Evicted Tenant's Property--Exemption Statutes, Robert L. O'Connell
Landlord And Tenant--Unlawful Detainer--Storage And Sale Of Evicted Tenant's Property--Exemption Statutes, Robert L. O'Connell
San Diego Law Review
Unlawful Detainer-Storage and Sale of Evicted Tenant's Property-Exemption Statutes
The Local "General Plan" In California, Alan R. Perry
The Local "General Plan" In California, Alan R. Perry
San Diego Law Review
Details the history, substance, formulation and adoption of General plans by cities. This Article also discusses legal challenges to General Plans and the possibility of their amendment in the future.
In Memoriam: Judge Dick Donovan
Forced Dedications As A Condition To Subdivision Approval--Associated Home Builders, Inc. V. City Of Walnut Creek (Cal. 1971), Michael J. Weaver
Forced Dedications As A Condition To Subdivision Approval--Associated Home Builders, Inc. V. City Of Walnut Creek (Cal. 1971), Michael J. Weaver
San Diego Law Review
Associated Home Builders, Inc. v. City of Walnut Creek (Cal. 1971). In California, the Subdivision Map Act is the enabling statute for local supervision of subdivision development. Under the statute, the control of design and improvement of subdivisions is vested in the city or county with a limited right of judicial review to examine the reasonableness of the enacted ordinances. The act requires a subdivider to file a tentative map showing the design of the proposed subdivision for approval before the land can be legally sold.
Land Use And Operational Controls In The Planned Development, Robert P. Lowell, Robert A. Prahl, Lawrence R. Alessio, Carlos A. Cazares
Land Use And Operational Controls In The Planned Development, Robert P. Lowell, Robert A. Prahl, Lawrence R. Alessio, Carlos A. Cazares
San Diego Law Review
This Article takes a look at the historical development of land use controls and planned development; the internal organization and operational of a home owners' association; and legal considerations in establishing effective and viable covenants, conditions, and restrictions.
Eminent Domain--Serverance Damages, Judith Stainbrook
Eminent Domain--Serverance Damages, Judith Stainbrook
San Diego Law Review
Serverance Damages - Physical contiguity must be present before damages can accrue to portion of land not taken In condemnation proceedings, even though two otherwise separate parcels are used as a single unit.
Expulsion In California Public High Schools--Due Process A Decade After Dixon, Betty E. Boone
Expulsion In California Public High Schools--Due Process A Decade After Dixon, Betty E. Boone
San Diego Law Review
A study of history, application of reason, and review of past decisions in the field of student discipline.
Rx For A Nagging Constitutional Headache, F. R. Strong
Rx For A Nagging Constitutional Headache, F. R. Strong
San Diego Law Review
Continuing apprehension over seeming Congressional power to curtail constitutional review though control of Supreme Court's Appellate Jurisdiction.
The Battered Child: Logic In Search Of Law, Paul Mullin Ganley
The Battered Child: Logic In Search Of Law, Paul Mullin Ganley
San Diego Law Review
Willful child abuse resulting in what has been termed the battered child has received an increasing amount of attention in recent years. While the problem is not unique to modern times, its solution continues to challenge the minds of men in almost all the professions of functioning society in the United States - including medicine, law, the social sciences, education, and government. The purpose of this article is to try to achieve some perspective on the problem by analyzing significant aspects and to clarify the legal issues so as to bring them closer to resolution. Part of the problem involves …
Certification Of Minors To The Juvenile Court: An Empirical Study, Glenn Edward Robinson
Certification Of Minors To The Juvenile Court: An Empirical Study, Glenn Edward Robinson
San Diego Law Review
This Article reports the results of two studies: a survey of the law pertaining to the transfer of cases between the adult court and the juvenile court and the results of an empirical study of cases actually transferred from the municipal and superior courts in San Diego, California to the juvenile court during a one-year period. the latter study involved the examination of two hundred and thirty-one cases which represented approximately one-third of the cases transferred in a one-year period.
Pen Register Evidence With One-Party Consent: Should It Be Admissible, Anthony Wetherbee
Pen Register Evidence With One-Party Consent: Should It Be Admissible, Anthony Wetherbee
San Diego Law Review
Consent of one party to a communication has been held to eliminate the need for a warrant when tapping phones. This Comment will examine the consent doctrine under the laws of New York, the federal statutes and the United States Constitution. It will attempt to determine whether one person who has some communications with another can consent to having all the communications of the other monitored and, indeed, whether one-party consent is still a valid constitutional consideration.
Criminal Law - Border Search - Constant Surveillance Not Essential Requirement For Inland Border Search If Circumstances Justify Belief With Reasonable Certainty That A Vehicle Is Being Used For Illegal Importation Of Merchandise. United States V. Weil (9th Cir. 1970), Louis E. Boyle
San Diego Law Review
This recent case discusses United States v. Weil (9th Cir. 1970)
Taxation - Federal Income Tax - The Portion Of The Net Operating Loss Deduction Not Absorbed In The "Alternative" Tax Compensation May Be Carried Forward To Another Year, Notwithstanding That It Was Considered In Making The Tentative Tax Computation Under "Regular" Method. Chartier Real Estate Co. V. Commissioner (1st Cir. 1970)., Virginia V. Shue
San Diego Law Review
This recent case discusses Chartier Real Estate Co. v. Commissioner (1st Cir. 1970).
State Trial Courts: An Odyssey Into Faltering Bureaucracies, James A. Gazell
State Trial Courts: An Odyssey Into Faltering Bureaucracies, James A. Gazell
San Diego Law Review
A detailed look at the running of state trial courts including functions, problems and powers. In addition, goals and recommendations are given by the author.
A Current Analysis Of The Usury Laws A National View, Robert P. Lowell
A Current Analysis Of The Usury Laws A National View, Robert P. Lowell
San Diego Law Review
This Article explains the history of usury laws, elements of the law, exemptions, special cases, and penalties.
Consumer Protection, Information And Education: A County's View, John A. Occhiogrosso
Consumer Protection, Information And Education: A County's View, John A. Occhiogrosso
San Diego Law Review
Congress reacted to the call for legislation in the 1960s. This call was answered by the Office of Consumer Affairs. There is presently pending legislation concerning major steps to afford additional consumer protection.
Consumer Fraud And The San Diego District Attorney's Office, M. James Lorenz
Consumer Fraud And The San Diego District Attorney's Office, M. James Lorenz
San Diego Law Review
Local responses dealing with consumer fraud.
The Fetus As A Legal Entity--Facing Reality, Louis E. Boyle
The Fetus As A Legal Entity--Facing Reality, Louis E. Boyle
San Diego Law Review
Robert Keeler and his wife obtained an interlocutory decree of divorce in September 1968. In February 1969, after learning that his wife was pregnant by another man, Mr. Keeler intercepted her on a mountain road and, with the words, "I'm going to stomp it out of you," assaulted her, delivering blows to the face and abdomen. A Caesarean section and examination in utero revealed the fetus had died of a severely fractured skull and resultant hemorrhaging. Fetal movements had been observed prior to the assault. The fetus was judged to have been in approximately its thirty-fifth week of gestation. An …
The Chemical Feast - Ralph Nader's Study Group Report On The Food And Drug Administration, By James S. Turner, Peter K. Nunez
The Chemical Feast - Ralph Nader's Study Group Report On The Food And Drug Administration, By James S. Turner, Peter K. Nunez
San Diego Law Review
The stated purpose of the book is to "examine...how the quality of the American diet has been allowed to deteriorate." the FDA, a part of the Department of Health, Education, and Welfare (HEW), has the primary governmental responsibility for food protection. The primary responsibility, of course, rests with the food industry itself. But it was the failure of the food industry to carry out this responsibility that long ago led to the passage of various pure food and drug acts, and to the creation of the FDA. However, The Chemical Feast clearly demonstrates that government regulation has failed to provide …
The Impact Of Consumerism On The Market, Colston E. Warne
The Impact Of Consumerism On The Market, Colston E. Warne
San Diego Law Review
A brief Article discussing different aspects of the Consumer Union of the United States and its various activities.
Newsman's Immunity Statute--A Comparison Of Legislative Intent To Statutory Form, Ignazio J. Ruvolo
Newsman's Immunity Statute--A Comparison Of Legislative Intent To Statutory Form, Ignazio J. Ruvolo
San Diego Law Review
The purpose of this Article will be to evaluate the need to protect the identity of sources of information from disclosure by extending the immunity statute to both newsmen and their sources. Also to be considered is the equally basic need to protect society from abuse of the immunity by unknown libelers and the infringements placed on the interests of justice by such an extension of the statute.
Preface
San Diego Law Review
Hubert Humphrey begins the issue by urging that, "Quality is more than the merit of individual products, it is our total atmosphere." He sets the keynote for the issue. The authors and the articles represent the broad spectrum covered by the contemporary phrase "Consumer Protection."
The Fault System, The Courts And The Consumer Revolt, Joseph Kelner
The Fault System, The Courts And The Consumer Revolt, Joseph Kelner
San Diego Law Review
Courts are increasingly insisting that producers fulfill their duty to research and design safe products, to make a product of good workmanship, to test it, and to warn consumers of potential hazards.
Selective Service-Conscientious Objectors-Section 6 (J) Requires Deferment For Registrants Whose Beliefs Emanate From Ethical Or Moral Bases. Welsh V. United States (U.S. 1970), Michael J. Mccabe
San Diego Law Review
This recent case discusses Welsh v. United States (U.S. 1970).