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Full-Text Articles in Law
Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, And The Fourth Amendment, Dora W. Klein
Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, And The Fourth Amendment, Dora W. Klein
San Diego Law Review
Part I of this Article discusses the legal protections against involuntary medical treatment. In the typical right to refuse treatment case, a patient’s interests are divided—the patient’s interest in autonomous decisionmaking about his health requires that he be allowed to refuse medical treatment but the patient’s interest in preserving his health, and perhaps even his life, requires that he be administered involuntary treatment. Generally, when a patient chooses to refuse treatment at the expense of his own life or health, courts have ruled that the government’s interest in preserving the patient’s life or health is insufficient to justify involuntary treatment. …
Apologies All Around: Advocating Federal Protection For The Full Apology In Civil Cases, Michael B. Runnels
Apologies All Around: Advocating Federal Protection For The Full Apology In Civil Cases, Michael B. Runnels
San Diego Law Review
This Article joins the current debate regarding the proper relationship between apology and the law. Like Rule 408, this Article focuses exclusively on civil cases. This Article adds to scholarly debates about apology and law by giving legal change a final push. Namely, this Article provides language, and a rationale for the language, that makes federal protection for “full apologies” in civil cases possible. In particular, this Article considers the aforementioned limitations of Rule 408 and provides a critique of its effectiveness in facilitating its modus operandi of encouraging private settlements between adversarial parties. Part II discusses apologies generally and …
A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy Rule
A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy Rule
San Diego Law Review
The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …
Sprawl In Europe And America, Michael Lewyn
Sprawl In Europe And America, Michael Lewyn
San Diego Law Review
This Article compares Western Europe to the United States and finds that: (1) Europe is far less automobile-dependent than the United States; and (2) to the limited extent that Europe has sprawled, European governments’ pro-sprawl public policies may be partially to blame. It logically follows that the Inevitability Theory is simply wrong—sprawl can be, and in fact has been, limited in the affluent societies of Western Europe. Part II of this Article shows that European nations in fact sprawl less than the United States in a variety of ways. Europeans walk, bike, and use public transit far more than Americans. …
Moving Beyond Animal Rights: A Legal/Contractualist Critique, Richard L. Cupp Jr.
Moving Beyond Animal Rights: A Legal/Contractualist Critique, Richard L. Cupp Jr.
San Diego Law Review
This Article asserts that shifting the focus of animal welfare issues from human responsibility to animal rights provides a singular illustration of overburdening the rights paradigm. Shifting focus away from human responsibility for animals' welfare is harful both for animals and for human society. Part II of this Article addreses the rights paradigm's expansion in societal discourse. It documents the increasing attractiveness of rights language over the past sixty years and explores the foundations for this "romance" with the more-is-better view of rights. Part II confronts rising calls to assign basic rights to animals. Part IV asserts the centrality of …
“Corrective” Surgery And The Americans With Disabilities Act, Jeannette Cox
“Corrective” Surgery And The Americans With Disabilities Act, Jeannette Cox
San Diego Law Review
This Article challenges the assumption that the Americans with Disabilities Act (ADA) requires persons with disabilities to undergo corrective surgery as a precondition to membership in the ADA's protected class. This issue is ripe for discussion because current efforts to amend the ADA, although not focused on the corrective surgery issue, will unsettle the current doctrine underpinning many courts' conclusions that an individual's decision to forgo available medical technology bars her from relief under the ADA. The article aims to make two contributions. First, it argues that the ADA's focus on reshaping cultural responses to disability suggests that individuals need …
There Is A Pink Elephant At Our Patent Negotiation, And His Name Is Declaratory Judgment, Greg Halsey
There Is A Pink Elephant At Our Patent Negotiation, And His Name Is Declaratory Judgment, Greg Halsey
San Diego Law Review
Part I of this Comment will analyze the background behind the creation of declaratory judgment jurisdiction, beginning with the Declaratory Judgment Act of 1934. Part II will explain the significant relation between declaratory judgments and patent infringement, focusing on the recent development of the MedImmune and SanDisk decisions. Part III will then explore three potentially negative implications of the Federal Circuit’s SanDisk decision. Part IV argues that in light of recent cases, the expansion of declaratory judgment jurisdiction in MedImmune and SanDisk is not convincingly supported by the policy underlying patent declaratory judgment law. As a result, Part V recommends …