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Woolsack 1980 Volume 21 Number 8, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

'Woolsack' article spurs State Bar inquiry by Dennis N. Jones

Tuna fishermen challenge environmental regulations by Michael Bouziane

Christmas goes better with snow by Karen H. Meyer

Fall Exams 1980

From the editors: New dean must attract outside funds

What are your plans during Christmas break? By Susan Etezadi

From the readers: New bookstore lacks easy law school access

In praise of nerds by Amy Wrobel

Profiles of professors: Teaching techniques titillate by Scott M. Kolod

'Twas the Day Before Merger by Anthony Ditty

Minority students win seats by Jim Ellis

Original drug story by Janice M. …

Comments On "A Specialized Statutory Immigration Court", James J. Orlow

San Diego Law Review

Continuing in the critique of Mr. Roberts' proposal for the creation of an independent article I immigration court, the author argues that, while Mr. Roberts presents salient points, his proposal is inappropriate except to the extent that the adjudicative process can be separated from the enforcement agency. The author argues that an independent immigration court would over-judicialize the immigration process, and further argues that such a court would not be vested with judicial authority pursuant to the constitution.

The Need For A Specialized Immigration Court: A Practical Response, Leon Wildes

San Diego Law Review

The author agrees with Mr. Roberts' premise that change is needed in the adjudicatory process of immigration cases, but argues that less radical changes would better serve to overcome the present inadequacies of the system, while limiting the creation of new problems. The author argues that a better solution would be to transfer the adjudicatory role to a separate administrative court, under the Administrative Procedures Act. The author further argues that the adoption of the Federal Rules of Criminal Procedures or the Federal Rules of Civil Procedure to provide for a fair hearing, as well as securing adequate funding for …

V.18-1, 1980-81 Masthead

San Diego Law Review

No abstract provided.

Proposed: A Specialized Statutory Immigration Court, Maurice A. Roberts

San Diego Law Review

This Article, written by the retired Chairman of the Board of Immigration Appeals, examines the existing mechanisms for formal adjudication of excludability and deportability under immigration and nationality laws. The author analyzes the shortcomings which have contributed to the system's malfunctioning, and concludes that a major factor is the conflicting roles played by the Immigration and Naturalization Service. The author reviews various alternatives which would remove such determinations from INS' control, and proposes a special article I immigration tribunal, completely outside the Department of Justice, and presents a draft statute to create it.

A Critique Of The Establishment Of A Specialized Immigration Court, John Hilbert

San Diego Law Review

This Comment examines the development of the law with respect to corporate defamation, with particular focus on the Supreme Court's decision in Gertz v. Robert Welch, Inc. The author argues that the Court's creation of the public figure/private figure formula is problematic when applied to corporate defamation plaintiffs. The author addresses the various problems presented by this formula in light of the goals of the defamation privilege and proposes various solutions to these problems.

Constitutional And Policy Considerations Of An Article I Immigration Court, Robert E. Juceam, Stephen Jacobs

San Diego Law Review

The authors offers another critique of Mr. Roberts' proposed creation of an independent article I immigration court. The author's agree that Mr. Roberts' proposal for an independent immigration court achieves the important goal of elevating the status of immigration judges and separating them from the enforcement policies of the INS. However, the authors argue that this proposal is inherently problematic because of the potential restriction of the roles of federal district courts and courts of appeals. The authors also suggest that Mr. Roberts' proposal does little to enhance the procedural rights of aliens, and argue that truly meaningful change can …

Suspension Of Deportation: A Revitalized Relief For The Alien, Mark W. Anthony

San Diego Law Review

This Comment analyzes Kamheangpatiyooth v. INS, which dealt with the question of whether a brief and temporary absence from the United States interrupts continuous physical presence. The author discusses the important factors affecting physical presence and the effects of the Kamheangpatiyooth decision on those factors. The author argues that the Kamheangpatiyooth decision rejuvenated the ameliorative purpose of the suspension of deportation provision. The author concludes that the decision evidences a lenient attitude towards deserving, deportable aliens because aliens will be able to prove more easily both the continuous physical presence and the extreme hardship elements of a prima facia case …

The Marriage Viability Requirement: Is It Viable?, Nancy K. Richins

San Diego Law Review

This Comment analyzes the administration of immigration laws that allow aliens preferred status on the basis of marriage to a U.S. citizen or resident alien. The author explains that recent court decisions have rejected attempts by the INS to require that such marriages be viable. The author argues that because the purpose of preferential treatment based on marriage is to unite the married couple, such treatment should be limited to those whose marriages are viable. The author explores the INS's current use of the viability requirement and examines various court decisions that have limited the use of marriage viability and …

Significant Developments In The Immigration Laws Of The United States 1979-1980, Susan B. Hall

San Diego Law Review

This Synopsis of developments in the immigration laws of the United States focuses on the new areas of law in which there significant developments from October 1979 to September 1980. In addition to summaries of major judicial decisions and administrative actions, the discussion will include a review of recently enacted legislation, regulations promulgated pursuant thereto, and a summary of significant proposed legislation.

Woolsack 1980 Volume 21 Number 7, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Candidate Baldwin: Law School shortchanges students by Darity Wesley

Bar exam grading critiqued by Michele Bouziane

IM awards given by Bennis N. Jones

Moot Court convenes

USD acquires LEXIS by Scott Kolod

Pigskin Review: Alumni Connection triumphs by Lou Kerig

Un-Diminished champions by Greg Anthony

Student tournaments: SBA sponsors contest

Coed Soccer by Linda Hervey

Briefs

US won't ratify UNCLOS treaty by Michele Bouziane

Photos and art lectures

Faculty profile: Ursin evolves teaching style by Scott Kolod

Question: What advice can you give first year law students on exam- taking techniques? By Susan Etezadi

Internships, externships available: …

Books Received

San Diego Law Review

No abstract provided.

Automatic Stay Under The 1978 Bankruptcy Code: An Equitable Roadblock To Secured Creditor Relief, John Lindon Smaha

San Diego Law Review

This Comment seeks to provide the consumer lender with an understanding of the alternatives available under the new Bankruptcy Code when the creditor's attempts to foreclose on a security interest are stayed by the filing of a petition in bankruptcy. The author reviews the legislative history of the act in order to better define the boundaries of section 362 of the Code and the terms "for cause" and "adequate protection." The author argues that, while the new Code provides workable equitable principles to govern the operation of automatic stays and the use of collateral, it fails to provide predictability upon …

Woolsack 1980 Volume 21 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Public Interest Law Center to open at USD bob Hoffman

Environmental: Moot Court by Scott Kolod

Candidate Ratner: Introduce other skills by Janice M. Bellucci

Dean Candidate Morris speaks by Janice M. Bellucci

Halloween money stolen by Janice M. Bellucci

Guest Editorial: Rights violated by Janice M. Bellucci

Public interest law and consumer advocacy

From our readers: Amendment questioned

Briefs

Relationship + School =? by Darity Wesley

Work-study: Funds available by Sandy Hargis

What qualifications do you think USD's new law school dean should have? By Susan Etezadi

Play Review – ‘Gemini’: Split personality by Mike Grush …

Labor Relations In Parochial Schools: Should Lay Teachers Be Denied Protection Of The General Laws?, Gerald Sims

San Diego Law Review

This Comment examines the history of the National Labor Relations Act, focusing on the Supreme Court's construction of the Act in NLRB v. Catholic Bishop of Chicago, in which the Court held that religious organizations were not "employers" under the NLRA. The author argues that the effect of this holding was to deprive law parochial teachers of statutory protection of their right to engage in collective bargaining. The author further argues that Congress must act to redefine the term "employer." The author continues to examine the constitutional issues that would arise if Congress gave the NLRB statutory authority to assert …

Forcible Rape And The Right To Bail, Kathy M. Pisula

San Diego Law Review

This Comment examines the California Supreme Court's holding in In re Underwood that bail may not be denied to protect the public from those charged with a non-capital offense. The author argues that despite the validity of the court's proposition, the interests of society are under-protected with respect to the crime of forcible rape. The author suggests that a constitutional provision in needed, which denies the rights to bail to those accused of forcible rape when the "proof is evident or the presumption great" that the crime was committed. The author concludes that, while this proposed amendment would be constitutionally …

An Update Of The Law Governing Prepayment Clauses, Michael Grant

San Diego Law Review

This Comment examines the validity of the prepayment clause, in light of the Wellenkamp v. Bank of America decision. The author reviews the common judicial development of the prepayment and due-on-sale provisions and highlights the inconsistencies in the law governing the two loan terms as created by the Wellenkamp decision. The author concludes by suggesting that the prepayment penalty is an unreasonable restraint on alienation and should be conformed to the rationale set forth in Wellenkamp.

Changing Voting Patterns In The Burger Court: The Impact Of Personnel Change, Edward V. Heck

San Diego Law Review

This Article investigates the impact of personnel change in the Supreme Court. The author examines the transition from the Warren Court to the Burger Court, the broader implications this has on the nature of change in the Court and on the relationship between the Court and the broader political system. The author suggests that each change in the membership of the Court during this period altered the Court's internal voting patterns. The author argues that President Nixon was successful in appointing justices to slow the libertarian drive of the late Warren Court. The author concludes that this illustrates that a …

A Guide To Obtaining Required Regulatory Approvals For New Industrial Facilities In California, Bruce A. Beckman, Michael W. Prairie

San Diego Law Review

This Article was written as a guide for the attorney advising his client who proposes to construct or expand an industrial facility in California. The authors first provide a digest of potentially applicable local, state, and federal regulatory programs and certain other non-regulatory considerations. The authors then discuss the air and water requirements and the other regulatory schemes that impose the most serious constraints on industrial development in California. The authors further examine the risks and uncertainties that might result from various aspects of the regulatory processes and the relative ineffectiveness of judicial review. The authors conclude by offering suggestions …

V.17-5, 1980-81 Masthead

San Diego Law Review

No abstract provided.

Woolsack 1980 Volume 21 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Amendment ups interest, shortens loan deferments by John Anderson

Dean candidate wants excellence by Janice M. Bellucci

Steve Kenlon: Injuries shatter dreams, lead to new legal future by Dennis Jones

From the Editors: Anderson endorsed

From the Editors: Prop. 10 applauded

Letters to the Editor: What time is it at USD?

Guest Editorial: Abortions for poor disapproved by Paul Hanson

Briefs

Foreign students visit USD, react to American lifestyle by Janice M. Bellucci

CalPIRG price survey ranks Fed Mart #1

Sign up for work in Alaska by Martha Woodworth

Bar Review Courses Exchange Charges over Passing Statistics …

Woolsack 1980 Volume 21 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Dean candidate stresses criminal law by Janice Bellucci

Law Review selects writers by Scott Kolod

USD petitions for Order of the Coif by John Anderson

Placement Office analyzes Outreach program effectiveness by Karen H. Meyer

Guest editorial: Supreme Court denies Abortions to poor

From the editors: Students · claim tutorials discriminate by Sandy Hargis

From the readers: Dean Candidate assailed

Briefs

Sports Profiles: Boxer Mundell takes on law school by Dennis Jones

San Diego theatre has large variety by Mike Grush

Women in Law gift: Library adds women's literature by Maria R. Meyer

En banc shows interest …

Woolsack 1980 Volume 21 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Attorney-Client competition: 16 teams compete

ABC's of law school organizations explained by Karen H. Meyer

1st - year students puzzled: Faculty warns against collaboration by John Anderson

Students invited to attend PAD initiation dance

From the editors

From the readers

Women take back the night. March to Protest violence by Susan Etezadi

Calif. meets Manhattan by Amy Wrobel

Dogs bite back IM softball by Greg Anthony

Pigskin review: H-Factor figures big

Woolsack 1980 Volume 21 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

SBA-managed funds doled out by Janice M. Bellucci

USD lacks LEXIS by Chip Post, S.B.A. Treasurer and Martha Woodworth, Day Vice President

Second year students vie for review honors by John R. Anderson

ABA/LSD provides opportunities by Michele Bouzine

From the Editor

Guest Editorial: Honor Code a sham by Martha Woodworth

From the Readers

Briefs

Welcome to law school by Amy Wrobel

1st year lamentations

Intramural sports stresses participation by Dennis N. Jones

Pigskin Review: Alumni Connection tough to beat

Woolsack 1980 Volume 21 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents :

Who owns the Woolsack? Government, press vie for control by Marian Forney

Construction gives school new look by Janice Bellucci

Work-study jobs open for continuing students

Editor Needed

Sunday picnic offers food, friends, frolic by Jeff Thoma

Law review announces competition

SBA sets deadlines for budgets, elections

Bar Review – Studying your way around town by Michele Bouziane

Sept. 5 day for resume submissions: Placement Office adds services,, personnel by Janice Bellucci

Applications down 10 percent this year

Managing time law school prerequisite by Douglas Glass

Dean Hain leaves USD

Search to replace Weckstein continues

Foreign Intelligence Surveillance Act: Unconstitutional Warrant Criteria Permit Wiretapping If A Possibility Of International Terrorism Is Found, Chipp Purdy

San Diego Law Review

This Comment examines the warrant criteria established in the Foreign Intelligence Surveillance Act of 1978, as applied to persons who may be international terrorists. The Act permits electronic surveillance if a possibility of international terrorism is found. After briefly discussing the history of the Act, the author engages in a discussion of the modern threat of international terrorism and the executive department's ability to uproot that threat. The author argues that the concern for United States citizen's right to privacy must not belittle the right to privacy of those who are non-citizens, as the Fourth Amendment is applicable to those …

The Automobile Exception: A Contradiction In Fourth Amendment Principles, Jean Mccann Nathan

San Diego Law Review

This Comment discusses the "automobile exception" to the Fourth Amendment warrant requirement. After reviewing the historical development of the exception, the author suggests that warrantless searches of vehicles are inconsistent with the values underlying the Fourth Amendment. The author concludes that, in the absence of a true exigency, warrantless searches of a vehicle should be prohibited, and that vehicles should instead be temporarily seized until a search warrant is secured.

Securing Personal Jurisdiction Over Nonresidents In Spousal And Child Support Suits: Is California's Long-Arm Too Short?, Thomas Craig Mundell

San Diego Law Review

This Comment examines California's approach to long-arm jurisdiction in familial support suits. The author begins by reviewing the basic jurisdictional principles and then explores the unique considerations of policy that are inherent in domestic relations litigation. The author suggests that California's courts have failed to adequately consider the full panoply of interests that bear on the constitutionality of exercising jurisdiction over nonresidents for support. The author argues that, as a result, the reach of California's long-arm statutes has been unduly restricted, and proposes a new "familial relationship" basis for jurisdiction in support actions.

Federal Sector Arbitration Under The Civil Service Reform Act Of 1978, Van Allyn Goodwin

San Diego Law Review

This Comment explains and analyzes the various grievance arbitration and other dispute resolution procedures of the Civil Service Reform Act of 1978. The author initially reviews the development of arbitration in the federal sector, the framework and problems of processing federal sector labor disputes through this framework. The author argues that the act creates a confusing maze of forums empowered to hear and resolve federal sector labor relations' disputes, in addition to reviewing supposedly final and binding arbitration awards. The author stresses the importance of arbitral finality and urges the courts to exercise restraint when confronted with arbitration award appeals.

Scourging The Moneylenders From The Temple: The Sec Rule 2(E) And The Lawyers, John J. Kelleher

San Diego Law Review

This Article reviews attorney discipline by the Securities and Exchange Commission. The author examines the legal basis for the Commission's assumption of jurisdiction over attorney discipline and the appropriateness of using disciplinary proceedings as a means of coercing attorney "cooperation." The author criticizes the agency's assertion of expanded jurisdiction in the area. The author argues that an independent bar is essential to the integrity of the adversary system and that the adversary system performs a useful function in keeping those who govern us within the bounds of the Constitution and their legislatively delegated authority. The author also provides a comprehensive …