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Motions 1993 Volume 22 Number 4, University Of San Diego School Of Law Student Bar Association Dec 1993

Motions 1993 Volume 22 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Motions 1993 Volume 22 Number 3, University Of San Diego School Of Law Student Bar Association Nov 1993

Motions 1993 Volume 22 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Constructing An Ideal Of Public Reason, Lawrence B. Solum Nov 1993

Constructing An Ideal Of Public Reason, Lawrence B. Solum

San Diego Law Review

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.


Beyond Religion And Enlightenment, Charles Larmore Nov 1993

Beyond Religion And Enlightenment, Charles Larmore

San Diego Law Review

This Article addresses the theory that modern society is beyond religion. The author reasons that secularization is the result of Judeo-Christian monotheism. God's transcendence has led to his withdrawal from the world and thus to the autonomy of the world. The author analyzes such views and addresses the reasons for morality in modern society; whether it stems from belief in God, or a modern view that God is not necessary in order to have morality.


Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry Nov 1993

Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry

San Diego Law Review

This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He …


Liberalism, Religion And The Unity Of Epistemology, Larry Alexander Nov 1993

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …


Religious Contributions In Public Deliberation, Jeremy Waldron Nov 1993

Religious Contributions In Public Deliberation, Jeremy Waldron

San Diego Law Review

This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …


Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild Nov 1993

Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild

San Diego Law Review

This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.


Triggering One-Year Limitations On Section 10(B) And Rule 10b-5 Actions: Actual Or Inquiry Discovery, Charles Benjamin Nutley Nov 1993

Triggering One-Year Limitations On Section 10(B) And Rule 10b-5 Actions: Actual Or Inquiry Discovery, Charles Benjamin Nutley

San Diego Law Review

Securities fraud lawsuits under Rule 10b-5 are governed by the one and three year limitative period in section 9(e) of the Securities Exchange Act. The one-year period is triggered by the plaintiff's discovery of the facts constituting the violation. Courts differ, however, on the correct discovery standard for section 9(e). This Comment addresses whether courts should apply an inquiry notice standard or an actual notice standard to trigger the one-year limitative period.


Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro Nov 1993

Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro

San Diego Law Review

Advertising is more than just a substantial source of revenue for publications. This author contends that advertising embodies the liberties of free speech and free press secured to all of us so fundamentally by the First Amendment. This Casenote analyzes Braun v. Soldier of Fortune Magazine, Inc., in which the Eleventh Circuit held a magazine liable for negligently publishing a gun-for-hire advertisement that allegedly resulted in the death of the plaintiff's father. The author is critical of this decision, noting the detrimental, long-reaching effects of sustaining a negligence action that penetrates so deeply into First Amendment freedoms.


Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt Nov 1993

Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt

San Diego Law Review

This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.


The Place Of Religious Argument In A Free And Democratic Society, Robert Audi Nov 1993

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …


The Pope's Submarine, John H. Garvey Nov 1993

The Pope's Submarine, John H. Garvey

San Diego Law Review

This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.


Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J. Nov 1993

Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.

San Diego Law Review

This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …


Motions 1993 Volume 22 Number 2, University Of San Diego School Of Law Student Bar Association Oct 1993

Motions 1993 Volume 22 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


California Coastal Commission, S. Cola, C. Hill Oct 1993

California Coastal Commission, S. Cola, C. Hill

California Regulatory Law Reporter

No abstract provided.


Assembly Office Of Research, G. Weisman Oct 1993

Assembly Office Of Research, G. Weisman

California Regulatory Law Reporter

No abstract provided.


Board Of Funeral Directors And Embalmers, S. Anderson Oct 1993

Board Of Funeral Directors And Embalmers, S. Anderson

California Regulatory Law Reporter

No abstract provided.


Board Of Chiropractic Examiners, Y Simpson Oct 1993

Board Of Chiropractic Examiners, Y Simpson

California Regulatory Law Reporter

No abstract provided.


Board Of Dental Examiners, J. Doherty, J. D'Angelo Oct 1993

Board Of Dental Examiners, J. Doherty, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, S. Anderson, R. Hidalgo, N. S. Vincent, J. D'Angelo Oct 1993

Medical Board Of California, S. Anderson, R. Hidalgo, N. S. Vincent, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, P. Cooney Oct 1993

Board Of Registered Nursing, P. Cooney

California Regulatory Law Reporter

No abstract provided.


State Banking Department, B. Lebrecht Oct 1993

State Banking Department, B. Lebrecht

California Regulatory Law Reporter

No abstract provided.


Cal-Osha, M. Friedman, L. O'Neill Oct 1993

Cal-Osha, M. Friedman, L. O'Neill

California Regulatory Law Reporter

No abstract provided.


Auctioneer Commission, J. D'Angelo Oct 1993

Auctioneer Commission, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Board Of Vocational Nurse And Psychiatric Technician Examiners, S. Cola Oct 1993

Board Of Vocational Nurse And Psychiatric Technician Examiners, S. Cola

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, J. Barnes, J. Kerrane Oct 1993

State Bar Of California, J. Barnes, J. Kerrane

California Regulatory Law Reporter

No abstract provided.


Litigation, E. D'Angelo Oct 1993

Litigation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


General Legislation, S. Barrow, E. D'Angelo Oct 1993

General Legislation, S. Barrow, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Legislative Committee Abbreviations Oct 1993

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.