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Articles 1 - 30 of 34
Full-Text Articles in Law
Seizures Of United States Fishing Vessels - The Status Of The Wet War, Jane Shuttleworth Wiegand
Seizures Of United States Fishing Vessels - The Status Of The Wet War, Jane Shuttleworth Wiegand
San Diego Law Review
The crux of the fishing vessel dispute is the disparity in the size of the territorial sea claimed by the three Latin American nations and that claimed by the United States. Chile, Ecuador, and Peru claim a territorial sea of 200 miles breadth, while the United States claims a three mile territorial sea, and an exclusive fishing zone which extends from shore a distance of twelve miles. The dispute is 17 years old. More than 140 United States tuna ships have been seized, primarily by Ecuador and Peru, and innumerable others harassed in waters which the United States considers res …
Apropos The 1968 Soviet Maritime Code, William E. Butler, John B. Quigley Jr.
Apropos The 1968 Soviet Maritime Code, William E. Butler, John B. Quigley Jr.
San Diego Law Review
This introduction provides essential background information about the Code and the reasons for its adoption, in addition to salient features of the Code of special interest to foreigners. The Code consists of 309 articles classified into nineteen chapters. This discussion follows the ordering of the code itself.
Admiralty Jurisdiction, Unification, And The American Law Institute, Hiller B. Zobel
Admiralty Jurisdiction, Unification, And The American Law Institute, Hiller B. Zobel
San Diego Law Review
In light of the rationale behind the establishment of the admiralty jurisdiction, it seems to me constitutionally and statutorily illogical to say that a case is within the admiralty jurisdiction, concurrent though it may be, and yet subject to the substantive whims of fifty jurisdictions. Further, the inquiry which the existence of these exceptions requires sometimes leads the courts to the kind of unhappy convolutions typified by Fireman's Fund American Insurance Company v. Boston Harbor Marina, Inc., which held that an exculpatory contract for winter storage and repair - in a terrene hangar - was within the admiralty jurisdiction and …
Fluctuating Shorelines And Tidal Boundaries: An Unresolved Problem, Peter K. Nunez
Fluctuating Shorelines And Tidal Boundaries: An Unresolved Problem, Peter K. Nunez
San Diego Law Review
Problems arising from disputed boundaries between adjacent land owners are of real importance to the practicing attorney. These problems are no less significant, and a good deal more complicated, when they involve tidal boundaries between upland and tideland ownership. To the layman who owns or purchases beachfront property, one of the main concerns is that his land extends to the water's edge, and he probably expects that such is the case. But when the description in the deed describes the boundary as the ordinary high-water mark, does he really know how much he owns or where his boundary line actually …
Jurisdictional Problems Of Maritime Tort Actions: Application Of State And Federal Remedies, Judith N. Keep
Jurisdictional Problems Of Maritime Tort Actions: Application Of State And Federal Remedies, Judith N. Keep
San Diego Law Review
At common law, death terminated all causes of action for personal injuries, and gave rise to no causes of action for compensation of the decedent's estate or family. Admiralty, which adopted the common law, therefore provided neither a remedy for wrongful death nor for survival of causes of action. To correct this, there have been a number of Congressional enactments and judicially created remedies which, however, are complicated by inconsistencies and vagaries. If death results from an injury occurring on navigable waters, recovery may be sought under the Death on the High Seas Act, the Jones Act, the Longshoremen's and …
International Law - Continental Shelf - Proprietary Interest Of United States In Continental Shelf Precludes Claims Of Acquisition By Private Entrepreneurs. United States V. Ray (S.D. Fla. 1969), Sherry Eckhardt
San Diego Law Review
This recent case discusses United States v. Ray (S.D. Fla. 1969)
The United Nations And The Bed Of The Sea, Clark M. Eichelberger
The United Nations And The Bed Of The Sea, Clark M. Eichelberger
San Diego Law Review
Worldwide sentiment is growing that the bed of the sea, which occupies seventy percent of the Earth's surface, as yet unclaimed, should be reserved from national claims of sovereignty and regarded as a common heritage of mankind. It should be reserved for peaceful purposes only. All nations, maritime, landlocked and developing, have an equity in this heritage. An authority of the United Nations should so administer it. For common ownership of this vast area to be recognized, and for it to be internationally administered, would be one of the greatest advances in the history of world organization. Instead of national …
Consideration Of Anticipatory Uses In Decisions On Coastal Development, Daniel Wilkes
Consideration Of Anticipatory Uses In Decisions On Coastal Development, Daniel Wilkes
San Diego Law Review
Between 1849 and 1965, San Francisco Bay shrank from 700 square miles to its present 400 square miles before a halt to piecemeal filling stopped its irreversible destruction. This loss should have been foreseeable. When decision makers work on an ad hoc basis, it is logical that they would look no further than the proposal at hand. Any objections considered were solely from those parties already using the Bay. In Florida, a series of decisions taking fresh waters away from the Everglades National Park now threatens to destroy entirely the ecology of the Everglades. The existence of this threat illustrates …
Procedure - Admiralty Jurisdiction - Strict Locality Rule Rejected; Maritime Connection Necessary To Establish Admiralty Jurisdiction. Smith V. Guerrant (S.D. Tex. 1968), Phillip A. Demassa
Procedure - Admiralty Jurisdiction - Strict Locality Rule Rejected; Maritime Connection Necessary To Establish Admiralty Jurisdiction. Smith V. Guerrant (S.D. Tex. 1968), Phillip A. Demassa
San Diego Law Review
This recent case discusses Smith v. Guerrant (S.D. Tex. 1968)
An Address: The Constitution And The Dilemma Of Historicism, Roger S. Ruffin
An Address: The Constitution And The Dilemma Of Historicism, Roger S. Ruffin
San Diego Law Review
In thinking about the Constitution, we should keep in mind the commonplaces that lace our thinking. We must keep them in sight at both levels: content and character, commonplace and commonplaceness–else their importance may escape us. Maitland’s view that "the history of law must be a history of ideas" is one such commonplace. Another was noticed by Edward Corwin: the "commonplace that every age has its own peculiar categories of thought; its speculations are carried on in a vocabulary which those who would be understood by it must adopt . . . ." These are tow of the commonplaces of …
Eminent Domain - Taking In Excess Condemnation Proceeding Held Constitutional If Such Taking Was Justified To Avoid Excessive Or Consequential Damages. People Ex Rel. Dept. Pub. Wks. V. Superior (Cal. 1968), Phillip A. Demassa
San Diego Law Review
This recent case discusses People ex rel. Dept. Pub. Wks. v. Superior (Cal. 1968)
Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby
Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby
San Diego Law Review
A review of E. Bodenheimer, Treatise on justice, W. Friedmann, Legal theory, 5U., and B. Wortley, Jurisprudence. To a certain degree, law is a refection of the social environment in which it exists. Since a multiplicity of forces is constantly at work to produce stresses and tensions that serve to keep society in an incessant state of flux, the law also finds itself in continual need to adjust and readjust. Traditionally, the contemplative jurist in search of aid in the solution of novel social problems has turned to philosophy. Despite the increasing popularity of the auxiliary disciplines of sociology, psychology …
Negligence - Savings And Loan Association Is Liable To Home Owners For Its Negligence In Financing Construction Of Houses Having Structural Defects Which Result In Damage. Connor V. Great Western Savings And Loan Association (Cal. 1968), Patrick J. Hennessey Jr.
San Diego Law Review
This recent case discusses Connor v. Great Western Savings and Loan Association (Cal. 1968)
Parent-Child Immunity: The Case For Abolition, Christine V. Pate
Parent-Child Immunity: The Case For Abolition, Christine V. Pate
San Diego Law Review
"However repugnant it may seem that a minor child should sue his own father, it is equally repugnant that a child injured by his parent's negligence, perhaps maimed for life should have no redress for the injury he has suffered." This anomaly exists today in the majority of jurisdictions which recognize the parent-child immunity. The origins of this rule, its exceptions and its present status nationwide and in California reflect a judicial determination not to interfere with the basic unit of our society, the family.
The Voiceprint Technique: Its Structure And Reliability, Bernard S. Kamine
The Voiceprint Technique: Its Structure And Reliability, Bernard S. Kamine
San Diego Law Review
Identification of individuals by the sound of their voices has long been an accepted courtroom practice. It has been accompanied directly both in the courtroom and extra-judicially, as well as indirectly with sound recordings. Voice identifications are essential to authenticating sound recordings for introduction as evidence, and are frequently the most conclusive evidence in certain types of criminal prosecutions such as those involving obscene phone calls. Until recently all voice identifications were made by the human ear, by someone familiar with the sound of the voice being identified. Although generally accepted by the courts, it has been recognized that such …
How Big A House Of Cards-Private Actions And Insiders Under Rule 10b-5, Steven E. Briggs, Donald Bolles
How Big A House Of Cards-Private Actions And Insiders Under Rule 10b-5, Steven E. Briggs, Donald Bolles
San Diego Law Review
Today, the federal court interpretation of Rule 10b-5, promulgated by the SEC (under the authority of a federal statute, section 10b of the Securities Exchange Act) have become the cornerstone of a federal common law of corporations. Recently there has been expansive use of the rule to afford a private civil remedy for a "defrauded" buyer or seller of securities. The right to sue for either damages or rescission was not explicitly given by the statute or the rule, rather it has been implied by the courts. The dimensions of this new judicially crated right of action are still developing …
Bankruptcy: Enjoining Employers From Discharging Employees Because Of Chapter Xiii Wage Deduction Order, Kenneth Gleason
Bankruptcy: Enjoining Employers From Discharging Employees Because Of Chapter Xiii Wage Deduction Order, Kenneth Gleason
San Diego Law Review
Section 658 of the Bankruptcy Act authorizes issuance of wage deduction orders and enforcement of such orders "in the manner provided for the enforcement of judgments." Thus, if the debtor's employer were to resist the order, the court could levy execution upon the debtor's wages. It would not be necessary to go beyond section 658 to find permission for execution. However, the injunction in Jackson goes beyond mere enforcement of an order. In effect, it preserves the debtor's future earnings upon which the Chapter XIII plan depends. With his income thus preserved, the basis is provided for later support of …
Tax Impact Of A Transfer Of A Bad Debt Reserve To A Controlled Corporation: An Analysis Of Schuster V. Commissioner, Edward J. Pulaski Jr.
Tax Impact Of A Transfer Of A Bad Debt Reserve To A Controlled Corporation: An Analysis Of Schuster V. Commissioner, Edward J. Pulaski Jr.
San Diego Law Review
Max Schuster operated a wholesale business in semi-precious stones in the form of a sole proprietorship. He employed the accrual method of accounting for items of income and expense, and utilized the reserve method of accounting for bad debts for federal income tax purposes. On October 31, 1961, Schuster transferred the assets of his business, including its accounts receivable, to a corporation in a transaction which qualified as a tax-free exchange under section 351 of the Internal Revenue code of 1954. The Commissioner of Internal Revenue disallowed a deduction of $7,432.04 claimed as an addition to the proprietorship's bad debt …
Torts - Non-Delegable Duty - Automobile Owner Is Liable Under A Non-Delegable Duty For The Negligence Of An Independent Contractor Who Failed To Maintain Her Brakes In Compliance With The Vehicle Code. Maloney V. Rath (Cal. 1968), Richard Alan Berman
San Diego Law Review
This recent case discusses Maloney v. Rath (Cal. 1968)
An Analysis Of Terry V. Ohio And Its Implications Upon The California Law Of Stop And Frisk, Judith N. Keep
An Analysis Of Terry V. Ohio And Its Implications Upon The California Law Of Stop And Frisk, Judith N. Keep
San Diego Law Review
The controversy surrounding the legality of police "stop and frisk" practices at last has been partially resolved by the Supreme Court. In the case of Terry v. Ohio, which is further illuminated by its companion case Sibron v. New York, the Court established a constitutional standard for the frisk under the search and seizure clause of the fourth amendment. Additionally, it strongly suggested that the same standard would be applied to the stop. Thus, not only did the Court resolve the debate in favor of this often employed police practice, but under the doctrine of Mapp v. Ohio, the standard …
Workmen's Compensation: Recovery Under The Positional Risk Doctrine For Personally Motivated Assaults, Steven E. Briggs
Workmen's Compensation: Recovery Under The Positional Risk Doctrine For Personally Motivated Assaults, Steven E. Briggs
San Diego Law Review
While performing duties for her employer, Lillian A. Schick was killed by her former husband. The employer manufactured tablepads and decedent’s job was to measure the tables of the retail outlet customers. Using an assumed name, Mrs. Schick’s former husband formulated and elaborate ruse whereby Mrs. Schick was sent to measure his table. Upon her arriving at his apartment he killed her and committed suicide. The referee of the Workmen’s Compensation Appeals Board issued a take nothing award, finding that injury and death did not arise out of the employment. On petition for reconsideration, the Workmen’s Compensation Appeals Board awarded …
The Forensic Lottery. By Terrence G. Ison, A. Kendall Wood Iii
The Forensic Lottery. By Terrence G. Ison, A. Kendall Wood Iii
San Diego Law Review
Professor Ison offers a critical evaluation of tort liability and other methods of compensation for the sick and injured and presents a detailed blueprint for a comprehensive plan of sickness and injury compensation.
Draft Card Burning Denied Symbolic Speech Protection Under Governmental Interest Rationale, James R. Goodwin
Draft Card Burning Denied Symbolic Speech Protection Under Governmental Interest Rationale, James R. Goodwin
San Diego Law Review
On the morning of March 31, 1966, David O’Brien and three companions burned their draft cards on the steps of the South Boston Courthouse in protest against the Selective Service System and the war in Vietnam. The District Court of Massachusetts rejected O’Brien’s claim that his act was protected "symbolic speech" and convicted him of willfully and knowingly mutilating and destroying by burning his Registration Certificate in violation of section 12(b)(3) of the Universal Military Training and Service Act, 50 U.S.C. App. § 462(b), as amended, 79 Stat. 586.
Prior Inconsistent Statements As An Exception To The Hearsay Rule: An Analysis Of People V. Johnson, Kenneth Gleason
Prior Inconsistent Statements As An Exception To The Hearsay Rule: An Analysis Of People V. Johnson, Kenneth Gleason
San Diego Law Review
In February 1964, Edwin Johnson was indicted by the Yolo County Grand Jury for the crime of incest. The twofold basis of the indictment lay in the testimony of his 15-year-old daughter, Elaine, who stated that he had engaged in an act of sexual intercourse with her on January 11, 1964; and in the testimony of his wife, Eleanor, who claimed that she had observed occasions of sex play between her husband and daughter. At trial in January 1967, however, both witnesses denied that defendant had engaged in any illicit sexual relations with Elaine. To negate these denials, the prosecution, …
Torts - Abuse Of Process - An Excessive Attachment Supports A Claim For Abuse Of Process Rather Than Malicious Prosecution And Such Claim May Be Brought In The Action In Which The Attachment Was Issued. White Lighting Company V. Wolfson (Cal. 1968), Edward D. Laplount
San Diego Law Review
This recent case discusses White Lighting Company v. Wolfson (Cal. 1968).
Criminal Law At The International Border, Josph A. Milchen
Criminal Law At The International Border, Josph A. Milchen
San Diego Law Review
[G]eographical considerations are set forth to indicate the potential scope of legal problems that might arise at an international border. The mere length of the border permits imaginative speculation regarding possible violations of customs laws. Although some aspects of the law applicable at the international border are well settled, neither legislative insight nor fertile imagination nor past experience provide sufficient perception to cover the myriad situations that can arise at the border. Furthermore, new developments in related fields must be examined insofar as the border-crossing situation may affect or be affected by them. As a result, there ate the following …