Law Commons^™

The Supreme Court And Obscenity: An Exercise In Empirical Constitutional Policy-Making, Stephen Daniels

San Diego Law Review

This Article analyzes the Supreme Court's approach to obscenity. The author suggests that, during this century, constitutional interpretation has been marked by a shift from a formal, deductive approach toward one that is more empirical and instrumental in character. The author analyzes this approach as reflected in the Supreme Court's attempt to devise a constitutional policy on obscenity. The author isolates five empirical propositions underlying the attempt and analyzes them in terms of the empirical evidence that was presently available. The author finds little empirical substantiation for those propositions, casting doubt on the Court's policy and suggests a skeptical view …

Chiarella: The Need For Equal Access Under Section 10(B), Gary Bunch

San Diego Law Review

This Article critiques the Supreme Court's decision in United States v. Chiarella, and suggests that the Court should have held that Chiarella's purchases of securities on the basis of nonpublic material market information constituted fraud in violation of the Securities Exchange Act. The author argues that a rule of law should have been established that a person who possesses nonpublic material market information and engages in purchases or sales of securities on the basis of that information, without disclosing the information to the investing public, violates Section 10(b) and Rule 10b-5. The author further argues that the only exception should …

V.17-4, 1980-81 Masthead

San Diego Law Review

No abstract provided.

Foreword, Kurt Waldheim

San Diego Law Review

his foreword and the introduction that follows were written and submitted for publication prior to the resumed ninth session of the Third Unites Nations Conference on the Law of the Sea that was held in Jule and August of 1980. In the report he made to the General Assembly summarizing the results of that session, the Secretary-General states that acceptable formulations were found on the remaining hard-core issues and that the work which remains outstanding could be completed at the next and last session of the Conference. This, in his view, would bring to fruition one of the most arduous …

V.17-3, 1980-81 Masthead

San Diego Law Review

No abstract provided.

Introduction: Law Of The Sea, Bernardo Zuleta

San Diego Law Review

The Author introduces the following Articles about the Law of the Sea. He states that the Third United Nations Conference on the Law of the Sea is approaching the end of an arduous journey, and describes some features of the Conference.

Post World War Ii Multilateral Treaty-Making: The Task Of The Third United Nations Law Of The Sea Conference In Perspective, John King Gamble Jr.

San Diego Law Review

This Article examines the potential obstacles that must be overcome before the creation of a global law of the sea treaty. The author argues that, even if the Conference proceeds quickly to approve a text, the treaty may never enter into force, because it will be very difficult and time-consuming for the new treaty to be accepted by a majority of the States in the world. The author reviews the various problems likely to be encountered, including signatures not followed by required ratifications, crippling reservations, and States' reluctance to be party to treaties containing dispute settlement clauses. The author examines …

Toward A Principled Approach To The Distribution Of Global Wealth: An Impartial Solution To The Dispute Over Seabed Manganese Nodules, Frederick Arnold

San Diego Law Review

This Article discusses the major economic and political conflicts that underlie the seabed dispute over the allocation of seabed manganese nodules. The author argues that none of the interests groups have presented a compelling legal position, and urges the conferees to distribute manganese nodules according to a rigorously defined impartial scheme. The author argues that such action will provide the impartial legal precedent urgently required to avoid more serious conflicts over the distribution of global wealth.

Global Conservation And Management Of Marine Mammals, James A.R. Nafzinger

San Diego Law Review

This Article examines the potential role that the Third United Nations Law of the Sea Conference has in the development of an ecologically sound global regime to conserve and manage marine mammals. The author first examines the current regime of municipal legislation, nongovernmental programs, bilateral agreements, regional agreements, and limited global authority. The author then discusses the emerging regime under UNCLOS III as an alternative to the present fragmented authority. Proposing greater reliance upon the United Nations framework, the author critiques the relevant provisions of the revised negotiation text, with special attention given to the role of the United States …

Offshore Petroleum Exploitation And Environmental Protection: The International And Norwegian Response, Kenneth G. Roberts

San Diego Law Review

This Comment examines the conflicts that often arise between the exploitation of offshore resources and the protection of the environment. The author examines the international legal regime that establishes both jurisdictional rights of exploitation and the coastal States' obligation to mitigate concomitant environmental harms. The author then focuses on a single coastal State, Norway, to study a domestic response to the conflicting needs of offshore exploitation and environmental protection.

Fishery And Economic Zones As Customary International Law, Carolyn Hudson

San Diego Law Review

This Comment examines the unilateral development of fishery or economic zone in the contiguous waters of coastal States, and attempts to address the question of whether, in the absence of a validating global treaty, legal rights and obligations are created in the international community through these claims. The author explores the use of the customary law formation process as an alternative to the creation of international law by convention at the Third United Nations Conference of the Law of the Sea. The author further attempts to define the four elements generally accepted as requisite to the evolution of a usage …

Recent Developments In The Law Of The Sea 1978-1979, Henry Heater, James Mcmullen

San Diego Law Review

This Synopsis highlights major events occurring in the law of the sea between December 1978 and December 1979. It discusses the eighth session of the Third United Nations Conference on the Law of the Sea (UNCLOS III). It also discusses significant events that occurred outside the UNCLOS III.

Ixtoc I: A Test For The Emerging Concept Of The Patrimonial Sea, Alan T. Leonhard

San Diego Law Review

This Article examines the emergence of the concept of the "patrimonial sea" from the perspective of Latin American jurists who adhere to the tradition of regional particularism in international law, and considers the question of whether the "patrimonial sea" is lex lata or lex ferenda. The author argues that the realities of the development of new laws of the sea at the international and regional levels shattered the ideas that the vastness of the oceans would prevent serious pollution and that the wealth of the seabed is a "common heritage of mankind." The author presents some conclusions concerning liability for …

Woolsack 1980 Volume 20 Number 14, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Students rank faculty, courses by Jeff Thoma

Tobriner stresses individual rights by Janice Bellucci

Top 5% Chosen

From the editors by Jeff Singer

From the readers

Briefly…

From SBA Pres

Angry men protest inequalities

Law school building shifts by Eileen Dover

Six new courses added for fall By R. U. Ready

Recession sends students to movies

Exams aid sleep, diet

Profs. Lampooned at 'Skit Nite' by Larry Engle

Softball finale by Larry Engle

Basketball Championships

Commissioner's Closing Comment by Ardie Boyer

The Alien Meets Some Constitutional Hurdles In Employment, Education And Aid Programs, Elwin Griffith

San Diego Law Review

This Article analyzes some of the legal obstacles that aliens have encountered in attempting to take advantage of some of the opportunities available to United States citizens, and the constitutional questions that have been raised in this context. The author examines the major decisions affecting aliens in several areas and finds some inconsistency. The author suggests that the Supreme Court is beginning to take a harder look at the role of aliens in the political community and is restricting to citizens the functions of representative government.

Paleface, Redskin, And The Great White Chiefs In Washington: Drawing The Battle Lines Over Western Water Rights, Belinda K.S. Orem

San Diego Law Review

This Comment examines the conflicts among Indian and federal reserved rights and state vested water rights in a general stream adjudication. The author argues that the West is facing an acute water crisis as growing urbanization, industrialization, and modern agricultural processes place an ever greater demand on a scarce and vital resource, and that this crisis is being aggravated by a conflict between western water laws and the judicially created implied-reservation-of-water-rights doctrine, which applies to all Indian reservations and federally reserved lands. The author suggests that immediate modification of the implied-reservation-of-water-rights doctrine is essential to enable states to affirmatively administer …

V.17-2, 1980-81 Masthead

San Diego Law Review

No abstract provided.

Reflections On Convenience Translations: A Reply To Professor Brooks, William K.S. Wang

San Diego Law Review

The staff of the Securities and Exchange Commission has a de facto requirement that the consolidated income statements of foreign companies registering under the Securities Act of 1933 be presented, not only in their domicile currency, but also in American dollars for the convenience of the American investor. The author uses valuation theory to demonstrate that these convenience translations serve no useful purpose.

Articles 3 And 4 Of The Uniform Commercial Code In An Electronic Fund Transfer Environment, James V. Vergari

San Diego Law Review

This Article addresses the ways in which the electronic computer has revolutionized the payments and transfer of funds mechanism, making possible paperless entry payments (PEP) and electronic fund transfers (EFT). The author discusses the legal issues and problems stemming from this new relationship among the participants. He argues that Articles 3 and 4 of the Uniform Commercial Code have not impeded development of new systems and remain viable as a legal framework governing payment and transfer transactions during the transition from paper to paperless electronic operations. The author concludes that both articles can be amended and effectively used as basic …

Applying The Rule Of Reason: A Survey Of Recent Cases And Comment, Robert Blanchard

San Diego Law Review

This Comment examines the application of the rule of reason under the Sherman Act. The author suggests that the Sherman Act is specific legislation designed to protect competition in a free market economy, and not a cure-all for every social or economic injustice. The author argues that the Sherman Act can be effectively used protect the market place from scheming entrepreneurs trying to profit at the consumer's expense from other than their competitive ingenuity. The author examines recent applications of the rule of reason in relation to the legislative purpose behind the Sherman Act, and concludes that such applications should …

42 U.S.C. 1985(3) - A Private Action To Vindicate Fourteenth Amendment Rights: A Paradox Resolved, Stephanie M. Wildman

San Diego Law Review

This Article examines the role that 42 U.S.C. § 1985(3) plays in attempts by citizens to sue for protection of fourteenth amendment rights. The author argues that, while section 1985(3) provides citizens with a cause of action against private conspiracies to violate constitutional rights, there is no requirement of state action for such lawsuits. The author further argues that a contradiction occurs when the citizen seeks to use this remedy to vindicate the fourteenth amendment right to equal protection of the laws, because such rights do not exist in the absence of state involvement. The author seeks to resolve this …

Solar Energy In California: A Case For The Sun, Stephen M. Blum

San Diego Law Review

This Comment illustrates how solar energy fits into the statutory framework of CEQA, and focuses on solar domestic water heating as an example of how CEQA's mandate may be interpreted in light of specific environmentally beneficial technology. The author uses a residential development as an example of a project under consideration for approval. The author and concludes that solar heating qualifies as a feasible mitigation measure within the meaning of CEQA and that it should be incorporated into projects under normal circumstances. The author then addresses the judicial and administrative methods to obtain and enforce proper consideration of solar heating …

Piercing The Doctrine Of Corporate Hospital Liability, James B. Cohoon

San Diego Law Review

This Comment examines the significance and development of the doctrine of corporate hospital liability, under which hospitals are legally accountable for the negligence of their staff physicians. The author concludes that the courts that have adopted this principle have ignored basic procedural and organizational realities of hospital and medical practice, which make the imposition of corporate liability unsound. The author argues that the more logical defendants are those staff physicians who are aware of the negligent physician's incompetence and fail to take reasonable steps to prevent the plaintiff's injury.

Local Attempts To Ban Discrimination In Rental Housing Against Families With Children: Avoiding The Preemption Barrier, Cynthia Glancy

San Diego Law Review

This Comment analyzes the validity of local ordinances that have banned adults-only rental housing. The author argues that, although California has no legislation at the state level explicitly prohibiting landlords from discriminating against families with children, several of these local ordinances have been challenged on the grounds of state preemption. The author examines the sources and limitations of the power of local governments to enact ordinances of this nature and the California statues which address discrimination in housing, and concludes that the local ordinances are neither preempted by, nor in conflict with, existing state law.

Criminal Jurisdiction Over Foreign Corporations: The Application Of A Minimum Contracts Theory, David James Homsey

San Diego Law Review

This Comment examines the use of the minimum contacts theory in the context of criminal trials against foreign corporations. The author argues that, while the jurisdictional requirement of "presence" for corporations in civil cases has undergone significant development, this same requirement in criminal cases has remained unchanged for many years, despite increasing size, number, and influence of corporations. The author suggests that criminal prosecutions of corporations will become more important in the future, and that recent cases indicate the problems presented by modern application of traditional legal concepts. The author examines the unique aspects of the privilege of "presence" in …

People V. Drew - Will California's New Insanity Test Ensure A More Accurate Determination Of Insanity?, Paul K. Traficante

San Diego Law Review

This Comment examines the issue of what standard of conduct should constitute insanity, in light of the California Supreme Court's holding in People v. Drew. The author argues that psychiatrists, courts, and laymen continue to disagree as to what standard of conduct should constitute a defense to criminal responsibility, but that, in Drew, the court redefined the legal test for insanity, adopting the more expansive view favored by many psychiatrists. The author analyzes the court's reasoning in adopting the new standard and examines the standard's purported advantages in light of psychiatric findings and judicial experience with various insanity tests. The …

Errata In The Article: Solar Energy In California

San Diego Law Review

No abstract provided.

Supplementation Of Discovery Responses In Federal Civil Procedure, William R. Slomanson

San Diego Law Review

This Article examines how the federal courts have balanced the burdens of supplementation of discovery responses with its benefits. The author begins by examining the benefits and burdens of allowing supplemental discovery responses. The author examines the problems that arise under the current construction of F.R.C.P. Rule 26(e) and analyzes the statutory construction of the continuing discovery duty. The author then proposes several methods for more effective implementation of Rule 26(e) and argues that existing limitations on the federal requirements to amend certain discovery responses can be transcended by more aggressive use of existing mechanisms for enforcement, such as sanctions.

Woolsack 1980 Volume 20 Number 12, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Weckstein to Relinquish Post by Scott Kolod

USD defends title

Take the run and money by Jeff Singer

From the Editor

From the readers

LEXIS visits USD by Chip Post

Murphy's law attractive

Briefly…

Law journal born

USD grad convicted

Honor court

Movie announcement

California marijuana initiative

Career planning

Kodak loses court battle

Around Campus: Students differ in response to draft by Janice Bellucci

Book Review: ‘The Brethren not readable by Michael Pundeff

Beware of bugs, rodent hairs, mold

Parable: 3 administrators do not. a full deck make by Mike Williams and Ed McPherson

Sexism remains in …

Woolsack 1980 Volume 20 Number 11, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

The great wall of USD by Jeff Singer

Hanging out your shingle by Maria R. Meyer

Letters to the editor

Candidates vie for SBA positions by Janice Bellucci

Briefly

Honor Court revisited by Dima Smirnoff

New Law Journal starts up

Arts by Amy Wrobel

Basketball Stats

Softball Scene by Larry Engle