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Articles 2281 - 2306 of 2306
Full-Text Articles in Law
The Contempt Power. By Ronald L. Goldfarb, Russell L. Johnson
The Contempt Power. By Ronald L. Goldfarb, Russell L. Johnson
San Diego Law Review
Although the contempt power is frequently discussed in terms of its technical procedural and legal implications, its fundamental interest both to lawyers and laymen is that it has been the vehicle for deciding a variety of dramatic and significant social problems. In many cases these problems involve a conflict between one constitutional right and another and in some, a conflict between competing economic interests. In any event, these conflicts bear heavily on any consideration of the contempt power.
The Supreme Court And Public Prayer: The Need For Restrant. By Charles E. Rice., J. Mark Rhoads
The Supreme Court And Public Prayer: The Need For Restrant. By Charles E. Rice., J. Mark Rhoads
San Diego Law Review
Results from the school prayer decisions are but a portion of the analysis given by the author. His attitude is unequivocal: "The school prayer decisions, handed down by the Supreme Court of the United States in 1962 and 1963, were wrongly decided." Therefore, his analysis is argument. Considering the burden, it is borne well.
Searches And Seizures - Information Supplied By An Anonymous Informer Must Be Corroborated By Establishing That The Law Is Being Violated To Constitute A Basis For Probable Cause To Search Or Arrest Without'a Warrant: Verification Of Other Information Is Insufficient Corroboration. People V. Reeves (Cal. 1964), Armando L. Odorico
San Diego Law Review
This recent case discusses People v. Reeves (Cal. 1964)
Negligence - Architect's Liability-An Invitee May Seek Damages From An Architect For Injuries Due To A Construction Defect Patent To The Owner Of The Premises After The Owner Has Accepted The Work. Montijo V. Swift (Cal. App. 1963), Wesley H. Harris
San Diego Law Review
This recent case discusses Montijo v. Swift (Cal. App. 1963)
Products Liability - Strict Liability In Tort - Both The Manufacturer And The Retailer Are Strictly Liable In Tort For Personal Injuries Caused By A Defect In A Product Marketed With The Knowledge That It Is To Be Used Without Inspection For Defects. Vandermark V. Ford Motor Co. (Cal. 1964), Edward V. Brennan
San Diego Law Review
This recent case discusses Vandermark v. Ford Motor Co. (Cal. 1964)
Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce
Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce
San Diego Law Review
This Article proposes to clarify this area of criminal practice. California Penal Code § 1023, prohibiting multiple prosecutions, and California Penal Code § 654, prohibiting multiple punishment for the same act or omission, are often misapplied by the California criminal courts. California Penal Code § 1023 sets down two tests to determine whether jeopardy has attached: the "identity of the offense" test and the "necessarily included offense" test. California Penal Code § 654 proscribes double punishment using concurrent sentencing, and prevents double jeopardy using not only the "necessarily included offense" test from § 1023, but also a broader "indivisible transaction" …
Criminal Law - Double Jeopardy - Prior Conviction Of First Degree Murder Resulting In A Penalty Of Life Imprisonment Held To Be An Implied Acquittal Of The Death Penalty On A Retrial Secured On Defendant's Appeal. People V. Henderson (Cal. 1963), George Cory
San Diego Law Review
This recent case discusses People v. Henderson (Cal. 1963)
Workmen's Compensation - Widow Is Entitled To Death Benefits. Deceased Husband, Recipient Of A Football Scholarship, Is An Employee Of His College Within The Meaning Of The Workmen's Compensation Act (Van Horn V. Industrial Accident Commission, Cal. 1963), Joe N. Turner
San Diego Law Review
Van Horn, an outstanding athlete while in high school, was recruited by California State Polytechnic Institute for its football team. In accordance with the promises made to him by the school coach, he was paid $50 at the beginning of each academic quarter, and another sum to defray his rental expenses during the football season. In addition, he was paid an hourly wage to line the football field; this activity was the only work, in the usual sense of the word, that he performed for the College. Van Horn and some of his teammates were killed in the crash of …
Aliens - Immigration And Nationality Act - Brief Excursion Outside Country's Borders By Resident Alien May Not Subject Him To Consequences Of An Entry On His Return (Rosenburg V. Fleuti, United States Supreme Court 1963), John V. Stroud
San Diego Law Review
Rosenberg v. Fleuti (United States Supreme Court 1963). Plaintiff, an alien, was originally admitted to the United States for permanent residence in 1952 and has been here continuously except for a visit "of about a couple of hours" duration to Mexico in 1956. The Immigration and Naturalization Service sought to deport plaintiff on the ground that at the time of his return in 1956, he was afflicted with psychopathic personality. The District Court granted the government's motion for summary judgment. The Ninth Circuit Court of Appeals set aside the deportation order, holding that as applied to plaintiff section 241(a)(1) of …
Conflict Of Laws - Gambling Contract, Valid Where Made, Held Unenforceable By Forum Public Policy (Intercontinenal Hotels Corp. V. Golden, N.Y. 1963), Gerald A. Falbo
Conflict Of Laws - Gambling Contract, Valid Where Made, Held Unenforceable By Forum Public Policy (Intercontinenal Hotels Corp. V. Golden, N.Y. 1963), Gerald A. Falbo
San Diego Law Review
This recent case discusses Intercontinenal Hotels Corp. v. Golden, N.Y. 1963.
Ethics - Members Of New York Law Firm Found Guilty Of Professional Misconduct As A Result Of Their Role In The Publishing Of A Self-Laudatory Article In Life Magazine (In Re Connelly, N.Y. 1963), Robin Goodenough
San Diego Law Review
Four members of a New York law firm were censured by the New York Supreme court for professional misconduct due to violation of Canon 27 of Professional Ethics, New York State Bar Association. The court held that they knowingly and deliberately contributed to an article appearing in LIFE Magazine advertising their law firm. In Re Connelly, 240 App. Div. 466, 240 N.Y.S. 2d 126 (1963).
California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell
California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell
San Diego Law Review
This note discusses the history and status of California's statutory plans for coping with the narcotic addiction problem.
Effect Of State Marital Laws On "Widow's" Benefits Under The Social Security Act, Edna D. Barber
Effect Of State Marital Laws On "Widow's" Benefits Under The Social Security Act, Edna D. Barber
San Diego Law Review
This note concerns one part of the voluminous Social Security Act: Subchapter II–Federal Old-Age, Survivors and Disability Insurance Benefits. Although the persons entitled to benefits under this Subchapter include those who meet the requirements of wife, child, widower, widow, or parent of the wage earner, this note is confined to the widow’s Survivors benefits and examines: The reference to state law to determine "widow's" status; The effect of this reference upon her right to benefits; The recent congressional amendments to the act which concern the problem; and, The impact of state law upon the right to reinstatement of benefits after …
Felony-Murder - Surviving Co-Felons Are Punishable For First Degree Murder Under California Penal Code Section 189 For The Killing Of A Confederate By The Owner Of The Store Which They Were Robbing (People V. Hand, Cal. 1963), Robert C. Baxley
San Diego Law Review
In the process of executing a planned robbery of a store, one of four robbers was killed by the owner. The store had been previously robbed and the owner was waiting for such a recurrence. Held, on demurrer to the indictment, the surviving felons were punishable for first degree murder because the legislature intended this fact situation to be within the purview of section 189 and because of a strong public policy as a deterrent to violent felonies. People v. Hand, Crim. No. 5471, Super. Ct., San Diego (July 22, 1963).
Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz
Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz
San Diego Law Review
The address was delivered by Mr. Wirtz at the annual meeting of the Association of American Law Schools held in Los Angeles on December 29, 1963. Because they were addressed to the particular group assembled and depended for their meaning upon circumstances existing at the time, certain introductory comments have been deleted.
The Technique Of Writing Examinations, Robert Littler
The Technique Of Writing Examinations, Robert Littler
San Diego Law Review
Writing is a skill or a craft. It cannot be learned by study alone. It is a bit like playing the piano and playing football. If we learn it at all, we learn it by practice and by trial and criticism. There are no fixed rules; at least I know of none that cannot be successfully violated. There are certain principles on which all writers agree. It is to these I shall turn in a moment...
Collateral Estoppel - Corporation Collaterally Estopped From Relitigating Issue Adjudicated In Prior Criminal Conviction Of Its President (Teitelbaum Furs, Inc. V. Dominion Ins. Co., Cal. 1962), James W. Brannigan Jr.
Collateral Estoppel - Corporation Collaterally Estopped From Relitigating Issue Adjudicated In Prior Criminal Conviction Of Its President (Teitelbaum Furs, Inc. V. Dominion Ins. Co., Cal. 1962), James W. Brannigan Jr.
San Diego Law Review
In a criminal action Teitelbaum was convicted of conspiracy to commit grand theft, attempted grand theft, and the presentation and filing of false insurance claims as a result of a fake robbery of a corporation of which he was president and controlling stockholder. The corporation brought a subsequent action to recover on insurance policies for losses allegedly sustained in the same robbery. At the trial it was conceded that the corporation was Teitelbaum's alter ego. Held: The prior criminal conviction of Teitelbaum for attempt to defraud the insurer operated as a bar to the corporation's action under the policies. Teitelbaum, …
The Constitutional Right Of Association. By David Fellman, Edward L. Barrett Jr.
The Constitutional Right Of Association. By David Fellman, Edward L. Barrett Jr.
San Diego Law Review
Professor Fellman's little book provides a helpful survey of the cases dealing with freedom of association. It is written simply enough to satisfy the demand of interested citizens who wish to be informed as to the legal principles applied in giving content to that "right of association" which has long been regarded as part of our constitutional heritage. Beyond that, however, the collection of cases and literature is sufficiently exhaustive to provide the base point form which legal scholars and social scientists may continue the research necessary for the "truly comprehensive study of the right of association" to which Professor …
One Man's Stand For Freedom. By Irving Dilliard, Stanley Mosk
One Man's Stand For Freedom. By Irving Dilliard, Stanley Mosk
San Diego Law Review
Much can be said against compilations of the works of men whose career and production of more works continues unabated. Selectivity and evaluation are necessarily tentative. Irving Dilliard, former staff member of the St. Louis Post-Dispatch, has attempted to overcome that difficulty in his book on Justice Hugo LaFayette Black by choosing only opinions relating to the collection of seventy-five opinions, sans citations and footnotes, made readable for the layman and referable for the lawyer. Of the 97 Justices served as long as Justice Black. The collection in Dilliard's book corroborates his conclusion that "beginning with the very foundations of …
Findings Of Fact, James M. Carter, Bruce V. Wagner
Findings Of Fact, James M. Carter, Bruce V. Wagner
San Diego Law Review
To many of us rules of procedure are nebulous and for that reason we emphasize substantive rules of law even though most of us know the importance of the former. The authors hope in the following material to remove some of this cloudiness from one limited phase of procedure, that of "fact finding." This article is meant to be of assistance to trial judges on whom the final responsibility for preparation of the findings rests. It is also aimed at counsel who may assist in the preparation or who may object to the findings made by the court. Lastly, students …
Foreword, George W. Hickman Jr.
Foreword, George W. Hickman Jr.
San Diego Law Review
Our law school at the University of San Diego is, by almost any standard, a small one. Over two-thirds of our students attend the part-time division; the day school numbers less than sixty. Only one hundred men and one woman have earned degrees since the school was founded, originally as a night school, some ten years ago. Our school is not endowed; our graduates are just beginning to make their presence truly known in local legal circles. The first gift from alumni to the school-in the form of a cash prize for outstanding work by a student-was received on December …
Formal And Doctrinal Differences Between Government And Private Contracts, Charles A. Lynch, Edward C. Reading
Formal And Doctrinal Differences Between Government And Private Contracts, Charles A. Lynch, Edward C. Reading
San Diego Law Review
Justice Holmes admonishes us that "men must turn square corners when they deal with the Government." This "Square Corner Doctrine" finds application in the extensive and expanding area of government contracting. This note surveys briefly some ways in which a contract between the United States Government and a private businessman or corporation may be at variance with a contract between private parties based upon common law principles.
In Search Of Criminology. By Leon Radzinowicz, William B. Enright
In Search Of Criminology. By Leon Radzinowicz, William B. Enright
San Diego Law Review
At the 1963 California State Bar Convention, Chief Justice Phil S. Gibson, in the course of an address to the profession, stated: "History will judge the quality of a civilization by the manner in which it enforces its criminal laws." This remark by the Chief Justice indicates the larger problem to which the author of the new book In Search of Criminology has addressed himself.
Criminal Law - Prosecutor Calling A Witness To The Stand For The Purpose Of Exacting A Claim Of The Privilege Against Self-Incrimination Is Not Prejudicial Error (Namet V. United States, United States Supreme Court 1963), G. Dennis Adams
San Diego Law Review
Namet and Mr. and Mrs. Kahn were charged with violation of a federal wagering tax law. Prior to the trial the Kahns pleaded guilty. Namet persisted in his innocence and was brought to trial. The prosecutor called Mrs. Kahn as a witness. She refused to testify, asserting her privilege against self-incrimination. The court ruled that since she had pleaded guilty she must answer questions concerning her own gambling activities, but as to third persons her privilege still existed. After this ruling the prosecutor made no attempt to connect Mrs. Kahn with Namet. Later the prosecutor called Mr. Kahn. After a …