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San Diego Law Review

1968

Articles 1 - 30 of 35

Full-Text Articles in Law

Labor Law - Labor-Management Relations Act, Section 14(C) And National Labor Policy Require Affirmative Declination By Nlrb Before State May Assume Jurisdiction. Stryjewski V. Local 830, Brewery Distributor Drivers (Pa. 1967)., David L. Mckenna Jun 1968

Labor Law - Labor-Management Relations Act, Section 14(C) And National Labor Policy Require Affirmative Declination By Nlrb Before State May Assume Jurisdiction. Stryjewski V. Local 830, Brewery Distributor Drivers (Pa. 1967)., David L. Mckenna

San Diego Law Review

This recent case discusses Stryjewski v. Local 830, Brewery Distributor Drivers (Pa. 1967).


Criminal Procedure - Gambler’S Claim Of Self-Incrimination Provides Complete Defense To Prosecution For Violation Of Federal Wagering Tax Statutes. Marchetti V. United States (U.S. 1968)., Donald Ernest Wrighton Jun 1968

Criminal Procedure - Gambler’S Claim Of Self-Incrimination Provides Complete Defense To Prosecution For Violation Of Federal Wagering Tax Statutes. Marchetti V. United States (U.S. 1968)., Donald Ernest Wrighton

San Diego Law Review

This recent case discusses Marchetti v. United States (U.S. 1968).


Conflict Of Laws - Where Jurisdiction Is Based On Diversity Of Citizenship, Federal Courts Faced With Questionable State Precedent May Make Anticipatory Pronouncements Of State Law. Riess V. Murichison (9th Cir. 1967)., James W. Street Jun 1968

Conflict Of Laws - Where Jurisdiction Is Based On Diversity Of Citizenship, Federal Courts Faced With Questionable State Precedent May Make Anticipatory Pronouncements Of State Law. Riess V. Murichison (9th Cir. 1967)., James W. Street

San Diego Law Review

This recent case discusses Riess v. Murichison (9th Cir. 1967).


Juries - Post-Trial Questioning Of Jurors Enjoined Where Found A Searching Hostile Inquiry–Conduct Not Held Unethical. United States V. Driscoll (S.D.N.Y. 1967)., Thomas Patrick Kelley Jun 1968

Juries - Post-Trial Questioning Of Jurors Enjoined Where Found A Searching Hostile Inquiry–Conduct Not Held Unethical. United States V. Driscoll (S.D.N.Y. 1967)., Thomas Patrick Kelley

San Diego Law Review

This recent case discusses United States v. Driscoll (S.D.N.Y. 1967).


Products Liability - Polio Vaccine - Drug Manufacturer Strictly Liable In Tort Under Restatement 402a For Failure To Warn Plaintiff Consumer Of Risk Of Harm Attending Immunization. Davis V. Wyeth Laboratories, Inc. (9th Cir. 1968)., Daniel M. Horwick Jun 1968

Products Liability - Polio Vaccine - Drug Manufacturer Strictly Liable In Tort Under Restatement 402a For Failure To Warn Plaintiff Consumer Of Risk Of Harm Attending Immunization. Davis V. Wyeth Laboratories, Inc. (9th Cir. 1968)., Daniel M. Horwick

San Diego Law Review

This recent case discusses Davis v. Wyeth Laboratories, Inc. (9th Cir. 1968).


Constitutional Law - Public Transit District Must Accept Controversial Advertising; Opening Of "Public Forum" Requires State Agency To Give Equal Access To Means Of Expression. Wirta V. Alameda-Contra Costa Transit District (Cal. 1967)., Irwin L. Schroeder Jun 1968

Constitutional Law - Public Transit District Must Accept Controversial Advertising; Opening Of "Public Forum" Requires State Agency To Give Equal Access To Means Of Expression. Wirta V. Alameda-Contra Costa Transit District (Cal. 1967)., Irwin L. Schroeder

San Diego Law Review

This recent case discusses Wirta v. Alameda-Contra Costa Transit District (Cal. 1967).


Conflict Of Laws - Measure Of Damages In Wrongful Death Action Determined By Law Of State Having Greatest Interest In Issue Of Damages, Not By Law Of Place Of Injury. Reich V. Purcell (Cal. 1967)., Donald R. Worley Jun 1968

Conflict Of Laws - Measure Of Damages In Wrongful Death Action Determined By Law Of State Having Greatest Interest In Issue Of Damages, Not By Law Of Place Of Injury. Reich V. Purcell (Cal. 1967)., Donald R. Worley

San Diego Law Review

This recent case discusses Reich v. Purcell (Cal. 1967).


Chapter Xiii Of The Bankruptcy Act: As Maine Goes, So Should The Nation, Ronald L. Fein, Richard Peter Sax Jun 1968

Chapter Xiii Of The Bankruptcy Act: As Maine Goes, So Should The Nation, Ronald L. Fein, Richard Peter Sax

San Diego Law Review

There is a staggering number of consumer bankruptcies being filed in the United States today. It is generally believed that this is an unavoidable corollary to the upsurge in consumer credit, and that consumer credit, in turn, is the bulwark of our modern economy. Assuming the validity of these conclusions, the best method of dealing with the consumer who is unable to pay his debts remains unsettled. Unknown to many attorneys, two statutory remedies exist under federal bankruptcy law. The first, straight bankruptcy, is widely used; the other, Chapter XIII Wage Earner Plans, is essentially ignored. It is the position …


V.5-2, 1968 Masthead Jun 1968

V.5-2, 1968 Masthead

San Diego Law Review

No abstract provided.


Jurisdiction - Annulments–Interests Of Domiciliary State Do Not Preclude Non-Domiciliary Forum From Entertaining Annulment Action When Both Parties Are Present Before The Court. Whealten V. Whealten (Cal. 1967)., Laureen J. Gray Jun 1968

Jurisdiction - Annulments–Interests Of Domiciliary State Do Not Preclude Non-Domiciliary Forum From Entertaining Annulment Action When Both Parties Are Present Before The Court. Whealten V. Whealten (Cal. 1967)., Laureen J. Gray

San Diego Law Review

This recent case discusses Whealten v. Whealten (Cal. 1967).


Problems And Materials In Federal Estate And Gift Taxation. By Ralph S. Rice., Herbert I. Lazerow Jun 1968

Problems And Materials In Federal Estate And Gift Taxation. By Ralph S. Rice., Herbert I. Lazerow

San Diego Law Review

The materials available for teaching a course in federal an gift taxation were somewhat limited prior to the publication of Professor Rice’s volume. The only other full treatment of the subject matter is that of Dean Warren and Secretary Surrey, which was published in 1961. Dean Griswold and Professor Bittker devote 200 to 378 pages respectively to federal estate and gift taxation, no doubt in response to the traditional view that federal taxes constitute a unified body of learning to which a student should be introduced in one course. However, none of these materials, prepared by authors whose contributions to …


Administrative Regulations - Medically Indigent Must Be Eliminated From "Medi-Cal" Before Health And Welfare Agency May Reduce Minimum Services To Recipients Of Public Assistance; Before Omitting Any Medical Service, Regulations Must Make Proportionate Reductions In All Services. Morris V. Williams (Cal. 1967)., John W. Driscoll Jun 1968

Administrative Regulations - Medically Indigent Must Be Eliminated From "Medi-Cal" Before Health And Welfare Agency May Reduce Minimum Services To Recipients Of Public Assistance; Before Omitting Any Medical Service, Regulations Must Make Proportionate Reductions In All Services. Morris V. Williams (Cal. 1967)., John W. Driscoll

San Diego Law Review

This recent case discusses Morris v. Williams (Cal. 1967).


The Omnibus Hearing-An Experiment In Federal Criminal Discovery, Edwin L. Miller Jr. Jun 1968

The Omnibus Hearing-An Experiment In Federal Criminal Discovery, Edwin L. Miller Jr.

San Diego Law Review

It will be the purpose of this Article to discuss the effect of the omnibus hearing, after one year’s experience, at its birthplace. Comparison with existing federal law on specific matters will reveal the scope of the omnibus hearing. However, the practical aspects in connection with the omnibus will be the subject of major significance.


Psychiatric Testimony, Trial Gamesmanship And The Defense Of Insanity, Stanley E. Willis, Ii Jan 1968

Psychiatric Testimony, Trial Gamesmanship And The Defense Of Insanity, Stanley E. Willis, Ii

San Diego Law Review

It is the thesis of this Article that the insanity defense with its use of psychiatric testimony is often prejudicial to the criminal defendant. The issue of the defendant’s sanity puts antagonistic propositions into motion which require proof by evidence. If the defendant’s purported insanity were not put in issue by the defense counsel then the prosecutor’s negative assertions that the defendant was sane would not be permissible. Numerous elements are automatically assumed as mitigating factors in many trials (e.g., passionate response to produced anger and desperation and despair), and operate subliminally to influence the judge and the jury. The …


Criminal Procedure - Once Substantial Evidence Of Defendant’S Present Insanity Appears, Trial Judge Must Order Hearing On That Issue, Notwithstanding Evidence To The Contrary. People V. Pennington (Cal. 1967)., Ronald L. Fein Jan 1968

Criminal Procedure - Once Substantial Evidence Of Defendant’S Present Insanity Appears, Trial Judge Must Order Hearing On That Issue, Notwithstanding Evidence To The Contrary. People V. Pennington (Cal. 1967)., Ronald L. Fein

San Diego Law Review

This recent case discusses People v. Pennington (Cal. 1967).


Malpractice - Voluntary Sterilization - Public Policy Does Not Render Physician Immune From Liability For Child’S Upbringing Subsequent To Unsuccessful Sterilization. Custodio V. Bauer (Cal. App. 1967)., Daniel M. Horwick Jan 1968

Malpractice - Voluntary Sterilization - Public Policy Does Not Render Physician Immune From Liability For Child’S Upbringing Subsequent To Unsuccessful Sterilization. Custodio V. Bauer (Cal. App. 1967)., Daniel M. Horwick

San Diego Law Review

This recent case discusses Custodio v. Bauer (Cal. App. 1967).


Franchise Regulation Under The California Corporate Securities Law, Louis C. Novak, Howard Rosten Jan 1968

Franchise Regulation Under The California Corporate Securities Law, Louis C. Novak, Howard Rosten

San Diego Law Review

Franchising is one of the fastest growing facets of business in the United States. It has become one of the most successful marketing devices in the contemporary commercial world, accounting for $65 billion annually–over 10 percent of the gross national product. Credit for the tremendous growth of the franchising business has been attributed to the fact that it readily melds the know-how of big businessmen with the ambition of little businessmen. The franchise system has the advantage of enabling numerous groups of individuals with small capital to become entrepreneurs. Such a system makes independent businessmen out of people who would …


V.5-1, 1968 Masthead Jan 1968

V.5-1, 1968 Masthead

San Diego Law Review

No abstract provided.


Civil Procedure - Additur Does Not Impair Right To Jury Trial And Is A Proper Procedure Suited To Efficient Administration Of Justice. Jehl V. Southern Pacific Company (Cal. 1967)., David W. Ault Jan 1968

Civil Procedure - Additur Does Not Impair Right To Jury Trial And Is A Proper Procedure Suited To Efficient Administration Of Justice. Jehl V. Southern Pacific Company (Cal. 1967)., David W. Ault

San Diego Law Review

This recent case discusses Jehl v. Southern Pacific Company (Cal. 1967).


Federal Income Tax - Operating Loss Carryover Allowed Under Int. Rev. Code Of 1954 Where Surviving Business Entity Suffered No Loss; Libson Shop Doctrine Rejected. Frederick Steel Co. V. Commissioner (6th Cir. 1967)., Irwin L. Schroeder Jan 1968

Federal Income Tax - Operating Loss Carryover Allowed Under Int. Rev. Code Of 1954 Where Surviving Business Entity Suffered No Loss; Libson Shop Doctrine Rejected. Frederick Steel Co. V. Commissioner (6th Cir. 1967)., Irwin L. Schroeder

San Diego Law Review

This recent case discusses Frederick Steel Co. v. Commissioner (6th Cir. 1967).


Torts - Negligence - California’S Guest Statute Does Not Apply To Accidents Which Occur Off Public Highways. O’Donnell V. Mullaney (Cal. 1967)., R. Zaiden Corrado Jan 1968

Torts - Negligence - California’S Guest Statute Does Not Apply To Accidents Which Occur Off Public Highways. O’Donnell V. Mullaney (Cal. 1967)., R. Zaiden Corrado

San Diego Law Review

This recent case discusses O'Donnell v. Mullaney (Cal. 1967).


Welfare Searches - Lack Of Consent Renders Early Morning Mas Welfare Raids Unconstitutional; Conditioning Receipt Of Welfare Benefits Upon Giving Consent Held Invalid. Parrish V. Civil Service Comm’N (Cal. 1967)., Richard Peter Sax Jan 1968

Welfare Searches - Lack Of Consent Renders Early Morning Mas Welfare Raids Unconstitutional; Conditioning Receipt Of Welfare Benefits Upon Giving Consent Held Invalid. Parrish V. Civil Service Comm’N (Cal. 1967)., Richard Peter Sax

San Diego Law Review

This recent case discusses Parrish v. Civil Service Comm'n (Cal. 1967).


Torts - Negligencs - Service Station Operator Who Sells Gasoline To Recognizably Intoxicated Motorist Not Liable For Injuries To Third Persons Caused By Motorist. Fuller V. Standard Stations, Inc. (Cal. App. 1967)., Donald R. Worley Jan 1968

Torts - Negligencs - Service Station Operator Who Sells Gasoline To Recognizably Intoxicated Motorist Not Liable For Injuries To Third Persons Caused By Motorist. Fuller V. Standard Stations, Inc. (Cal. App. 1967)., Donald R. Worley

San Diego Law Review

This recent case discusses Fuller v. Standard Stations, Inc. (Cal. App. 1967).


Attorneys' Fees - Maximum Attorneys’ Fee Allowable For Representation Of Disability Claimant Under Social Security Act Limited To Twenty-Five Percent Of Claimant’S Accrued Benefits; Dependents Accrued Benefits Excluded From Computation Of Fee. Hopkins V. Gardner (7th Cir. 1967)., Donald W. Schmidt Jan 1968

Attorneys' Fees - Maximum Attorneys’ Fee Allowable For Representation Of Disability Claimant Under Social Security Act Limited To Twenty-Five Percent Of Claimant’S Accrued Benefits; Dependents Accrued Benefits Excluded From Computation Of Fee. Hopkins V. Gardner (7th Cir. 1967)., Donald W. Schmidt

San Diego Law Review

This recent case discusses Hopkins v. Gardner (7th Cir. 1967).


Antitrust - Robinson-Patman Act Not Limited To Cases In Which Prices Undercut Those Of Competitor; Supreme Court Interprets Statutory Test As Protecting Competitors As Well As Competition. Utah Pie Co. V. Continental Baking Co. (U.S. 1967)., Mary L. Scott Jan 1968

Antitrust - Robinson-Patman Act Not Limited To Cases In Which Prices Undercut Those Of Competitor; Supreme Court Interprets Statutory Test As Protecting Competitors As Well As Competition. Utah Pie Co. V. Continental Baking Co. (U.S. 1967)., Mary L. Scott

San Diego Law Review

This recent case discusses Utah Pie Co. v. Continental Baking Co. (U.S. 1967).


The Adaption Of Judicial Procedures To The Arbitral Process, Albert Brundage Jan 1968

The Adaption Of Judicial Procedures To The Arbitral Process, Albert Brundage

San Diego Law Review

The adaptation and application of judicial procedures to arbitration have long been subjects of vital concern and lively controversy. This remains particularly true with regard to the utilization of arbitration for the adjudication of labor-management disputes. It is asserted, generally by non-lawyers, that the introduction to labor arbitration proceedings of legal procedures such as prehearing techniques, formalized submission agreements, adoption of rules of evidence, application of precedent, reliance on transcripts, briefs and the like, prolong the proceedings, increase the costs and too often enmesh the merits of the dispute in legal technicalities which becloud the real issues. Simultaneously, it is …


Federal Income Tax - "Tax Home" Doctrine Affirmed; Taxpayer On Overseas Tour Of Duty Not Allowed To Deduct Cost Of Meals As An "Away From Home" Travel Expense. Commissioner V. Stidger (U.S. 1967)., Charles R. Khoury Jr. Jan 1968

Federal Income Tax - "Tax Home" Doctrine Affirmed; Taxpayer On Overseas Tour Of Duty Not Allowed To Deduct Cost Of Meals As An "Away From Home" Travel Expense. Commissioner V. Stidger (U.S. 1967)., Charles R. Khoury Jr.

San Diego Law Review

This recent case discusses Commissioner v. Stidger (U.S. 1967).


Electronic Surveillance After Berger, James W. Street, Michael T. Thorsnes Jan 1968

Electronic Surveillance After Berger, James W. Street, Michael T. Thorsnes

San Diego Law Review

The history of man’s attempt to communicate with his fellow man has been paralleled by another history–that of man’s attempt to overhear this communication. The art of overhearing or eavesdropping has proceeded on a step-by-step bases with the science of communication. Indeed, the furtive methods of the art have rarely failed to emulate the sophisticated means of the science. From passive overhearing of face-to-face conversation to sanguinary interception of homing pigeons by domesticated hawks, the progress of interception vis-a-vis communication has been carried into the twentieth century, utilizing methods and means beyond the imagination of the interceptor or eavesdropper of …


Insurance - Insurer Liable For Excess Judgment Upon Failure To Accept Reasonable Settlement Demand In Good Faith; Merits Of Absolute Liability Given Favorable Consideration. Crisci V. Security Insurance Co. (Cal. 1967)., Laureen J. Gray Jan 1968

Insurance - Insurer Liable For Excess Judgment Upon Failure To Accept Reasonable Settlement Demand In Good Faith; Merits Of Absolute Liability Given Favorable Consideration. Crisci V. Security Insurance Co. (Cal. 1967)., Laureen J. Gray

San Diego Law Review

This recent case discusses Crisci v. Security Insurance Co. (Cal.1967).


Workmen's Compensation - Employee, When Paid A Substantial Travel Allowance, Is Covered By Workmen’S Compensation While Traveling Outside Control Of Employer To A Distant Job Site. Zenith National Ins. Co. V. Workmen’S Compensation Appeals Board (Cal. 1967)., John W. Driscoll Jan 1968

Workmen's Compensation - Employee, When Paid A Substantial Travel Allowance, Is Covered By Workmen’S Compensation While Traveling Outside Control Of Employer To A Distant Job Site. Zenith National Ins. Co. V. Workmen’S Compensation Appeals Board (Cal. 1967)., John W. Driscoll

San Diego Law Review

This recent case discusses Zenith National Ins. Co. v. Workmen's Compensation Appeals Board (Cal. 1967).