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Full-Text Articles in Law
The International Sea-Bed Authority Decision-Making Process: Does It Give A Proportionate Voice To The Participant's Interests In Deep Sea Mining?, Kathryn E. Yost
The International Sea-Bed Authority Decision-Making Process: Does It Give A Proportionate Voice To The Participant's Interests In Deep Sea Mining?, Kathryn E. Yost
San Diego Law Review
This Comment critiques the United States' refusal to sign the Convention, based on its contention that the International Sea-Bed Authority (ISA) decision-making process fails to proportionately protect its interests in deep sea mining. The author examines the underlying purpose of UNCLOS III and the divergent political and economic interests of the participants in deep sea mining. The author further examines the decision-making process of the ISA in order to determine which interests are represented and protected by the system, and compares this system to other international means. The author argues that the United States' should sign the Convention, as its …
Maritime Insurgency And The Law Of The Sea: An Analysis Using The Doctrine Of Distress, Grand Richard Telfer
Maritime Insurgency And The Law Of The Sea: An Analysis Using The Doctrine Of Distress, Grand Richard Telfer
San Diego Law Review
This Comment examines the international legal implications of an insurgent warship operating on the high seas. The author specifically addresses the rights of insurgents to conduct maritime operations and the right of third States to deny use of the high seas to these insurgents. The author argues that these claims may be provided an adequate forum under the doctrine of distress, or force majeure. The author examines potential arguments that an insurgent warship is a private vessel, and is stateless, but concludes that an insurgent is neither. The author further concludes that an insurgent warship is not generally subject to …
Recent Developments In The Law Of The Sea 1981-1982, G. David Robertson, Gaylene Vasaturo
Recent Developments In The Law Of The Sea 1981-1982, G. David Robertson, Gaylene Vasaturo
San Diego Law Review
This Synopsis highlights major events occurring between December 1981 and December 1982 that affect the law of the sea. It discusses the eleventh session of the Third United Nations Conference on the Law of the Sea and significant events outside the Conference.
The Law Of The Sea After Montego Bay, Bernardo Zuleta
The Law Of The Sea After Montego Bay, Bernardo Zuleta
San Diego Law Review
In his introduction, Mr. Zuleta provides a background of the issues surrounding the signing of the recent United Nations Convention on the Law of the Sea, the development of the Preparatory Commission, and the role that the United Nations plays as a forum for the negotiation of complex issues.
The Convention On The Law Of The Sea: A Preliminary Appraisal, Arvid Pardo
The Convention On The Law Of The Sea: A Preliminary Appraisal, Arvid Pardo
San Diego Law Review
In this Article, the author analyzes the 1982 United Nations Convention on the Law of the Sea. The author seeks to address whether the Convention adequately addresses the need to establish equity in ocean space between the states, as well as whether the Convention has developed adequate legal regimes to promote the global management of marine resources. He concludes that in certain areas, the Convention does not reflect true compromise but rather vague drafting that masks continued disparate positions among the signing States.
Exclusive Fisheries Zones And Freedom Of Navigation, William T. Burke
Exclusive Fisheries Zones And Freedom Of Navigation, William T. Burke
San Diego Law Review
This Article examines the conflict between the proposed extension of resource fishery zones and its potential interference with the freedom of navigation. The author analyzes the various policies in support of each side, with particular attention to the decisions and principles of conventional and customary law and special reference to provisions of the Convention. The author also examines various proposed measures in light of these legal decisions and principles. The author concludes that only limited authority to affect navigation should be recognized and that this right should be reserved to developing States that have special dependence on fisheries for their …
The United States Posture Toward The Law Of The Sea Convention: Awkward But Not Irreparable, Elliot L. Richardson
The United States Posture Toward The Law Of The Sea Convention: Awkward But Not Irreparable, Elliot L. Richardson
San Diego Law Review
In this Article, the author examines the position of the United States towards the Convention and the reasons behind its refusal to sign the Convention. The author argues that this refusal was disappointing and that the U.S. surrendered global stability for its own ideological purity. He argues that, by refusing to sign, the U.S. has isolated itself from direct decision-making in the Preparatory Commission. However, the author believes that the prospects of long-range detrimental effects on the United States' marine and other global interests will bring about a reversal in their current position.
Used Car Dealers' Duty To Disclose Major Known Defects, Douglas Dexter
Used Car Dealers' Duty To Disclose Major Known Defects, Douglas Dexter
San Diego Law Review
This Comment examines Congress' recent veto of the Used Car Rule, which would have required that a used automobile dealer provide a written list of major defects that the dealer knew existed in a car offered for sale. The author examines the nature of the proposed legislation, the reasons for its introduction by the Federal Trade Commission, and the objections that lead to its eventual demise. The author suggests that the courts expand the traditional fraud cause of action to include nondisclosure of major defects by used automobile dealers.
Public Policy Issues Raised By Bank Securities Activities, Securities Industry Association
Public Policy Issues Raised By Bank Securities Activities, Securities Industry Association
San Diego Law Review
In this Article, the Securities Industry Association presents its perspectives on various legislative proposals currently being considered to redefine the role of commercial banks in the securities field. The author presents a history of the congressional policy that has defined permissible activities of commercial banks, and an overview of the securities activities of banks. The author then presents an examination of the various policy issues raised by bank participation in securities activities. The author concludes in calling for a reexamination of the Glass-Steagall Act and recommending that such a reexamination should proceed in the context of a comprehensive review of …
Computer Software And Strict Products Liability, Susan Lanoue
Computer Software And Strict Products Liability, Susan Lanoue
San Diego Law Review
This Comment examines the problems involved in applying strict products liability law to computer software. The author addresses two main problems: the intangible nature of a computer program as a product and whether it can actually be considered a product, and whether the sale of a computer program actually constitutes the sale of a service or a product. The author examines the nature of these issues and concludes that the best solution would be to view a computer program as a hybrid transaction involving the sale of both a product and a service, which might allow for recovery based on …
The Expanding Scope Of Warrantless Automobile Searches: United States V. Ross, Kirk Miller
The Expanding Scope Of Warrantless Automobile Searches: United States V. Ross, Kirk Miller
San Diego Law Review
This Comment examines the justifications articulated by the Court in United States v. Ross for expanding the scope of warrantless searches under the automobile exception. The author argues that the stated rationales are not consistent with prior law and do not support the Court's decision. The author also argues that the Court's holding in Ross requires an abandonment of the expansion of warrantless searches under the search incident to arrest exception.
If The Doctrine Loosely Fits, Wear It: Constitutional Adjudication In State Alienage Cases, Francis J. Conte
If The Doctrine Loosely Fits, Wear It: Constitutional Adjudication In State Alienage Cases, Francis J. Conte
San Diego Law Review
This Article examines the Supreme Court's approach to state legislative classifications based on alienage. He argues that the Court has freely permitted such classifications, under the equal protection clause, based on the use of the special public interest exception and the public/political function doctrine. The author examines the Court's methods of adjudication and its interpretation of principles in this area, and examines the consequences for aliens and our system. He concludes that an appropriate standard of review requires an important governmental objective served by a closely drawn legislative classification, and recommends that a quasi-interpretivist method of adjudication be applied to …
Justifying The Denial Of Wrongful Death Actions To Cohabitants, Michael Fish
Justifying The Denial Of Wrongful Death Actions To Cohabitants, Michael Fish
San Diego Law Review
This Comment explores the California Supreme Court's decision in Justus v. Atchison, which held that a common law death claim brought by a deceased's cohabitant was barred because the state's wrongful death statute barred such persons from recovering. The author examines the history of the wrongful death statute in California and the court's decision that such a claim was precluded because the state legislature had occupied the field. The author concludes that the court's holding in Justus was correct and that policy considerations militate against recognizing the cohabitant's wrongful death cause of action.
The Constitutionality Of Chemical Test Presumptions Of Intoxication In Motor Vehicle Statutes, Stephen G. Thompson
The Constitutionality Of Chemical Test Presumptions Of Intoxication In Motor Vehicle Statutes, Stephen G. Thompson
San Diego Law Review
This Article explores the state statutes that create a presumption that a person is intoxicated if his blood alcohol concentration is greater than a specified percentage, usually that of 0.10 percent. The author examines the validity of these presumptions in light of recent Supreme Court decisions on the constitutionality of presumptions, with special focus on the Court's decisions in County Court of Ulster County v. Allen and Sandstrom v. Montana. He examines these decisions, and outlines the standards established by these cases. He then applies these standards to four types of presumptions and inferences that have been created via statute. …
Common Law Liability Of The Certified Public Accountant For Negligent Misrepresentation, Howard B. Weiner
Common Law Liability Of The Certified Public Accountant For Negligent Misrepresentation, Howard B. Weiner
San Diego Law Review
This Article explores the scope of the duty owed by an accountant for negligent misrepresentation as articulated in the Supreme Court's holding in Ultramares v. Touche. He begins by reviewing accounting standards governing accountants in performing a certified audit. He examines the Court's holding in Ultramares, the policy considerations upon which the decision was based, the cases that follow it, and those cases which reject it. The author questions the Court's holding that an accountant's duty is limited to those with whom he is in privity, and argues that social, economic, and legal considerations now require accountants to be judged …
"Fundamental Miscarriage Of Justice": The Supreme Court's Version Of The "Truly Needy" In Section 2254 Habeas Corpus Proceedings, Larry Ainbinder
"Fundamental Miscarriage Of Justice": The Supreme Court's Version Of The "Truly Needy" In Section 2254 Habeas Corpus Proceedings, Larry Ainbinder
San Diego Law Review
This Comment examines the circumstances under which a state prisoner may challenge his or her conviction in a habeas proceeding when there has been procedural default at the trial level. The author argues that this is a hotly contested topic, since the Court's decision in Fay v. Noia, but that the Court, in Engle v. Isaac, has established a new strict burden for these prisoners. The author begins by exploring the arguments with respect to an expanded writ. The author then examines the case law that followed the decision in Fay, in which the cause and prejudice standard evolved, and …