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Motions 2002 Volume 38 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Motions 2002 Volume 38 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Motions 2002 Volume 38 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Motions 2002 Volume 37 Number 8, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

V.3, 2002 Masthead

San Diego International Law Journal

No abstract provided.

Kissinger's World: A Cautionary Tale Through A Cold War Lens, Michael J. Kelly

San Diego International Law Journal

Kissinger rightly praises president Bush's call for America to act with humility on the world stage. After an era of triumphalism and arrogance that characterized our conduct of foreign policy in the 1980's and 90's, with Secretary of State Madeleine Albright memorably referring to America as the indispensable nation, a tone of humility is clearly in order. More so now that some of the hatred aimed at this country can be traced to such callousness felt in the Islamic World and the Third World. Although much of this book's impact may have been undermined by the unforeseeable terrorist attacks against …

Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel

San Diego International Law Journal

This Comment will argue that the EPA may regulate the emissions of large sea-going vessels flying foreign flags that enter the territorial sea, contiguous zone, or Exclusive Economic Zone (EEZ) of the United States, under Section 213 of the CAA, notwithstanding conventional and customary Law of the Sea and other international treaties governing vessel source pollution. Part II of the comment presents background material that explains the provisions of the CAA, which mandate the EPA to regulate international shipping vessels. This section also presents the regulatory schemes developed by the IMO and the EPA. Part III evaluates whether the EPA …

Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan

San Diego International Law Journal

The purpose of this Article is to examine recent developments in the long-standing struggle by the United States and Mexico to cope with managing cross-border wastewater. Two notable legal developments have occurred recently that are fundamental to understanding the situation today. One is legislative, and the other is judicial. Neither has received scholarly comment. The first is the enactment of Tijuana River Valley Estuary and Beach Cleanup Act, which was signed into United States' law in 2000. It signified a significant change in policy by Congress. Prior to the enactment of the Cleanup Act, the international agreement contained in Minute …

Civil Litigation As A Means Of Compensating Victims Of International Terrorism, Walter W. Heiser

San Diego International Law Journal

This Article discusses the rules of procedural law that authorize United States courts to enter civil judgments against international terrorists and the foreign states that sponsor them. Somewhat surprisingly, these rules do not make such judgments difficult to obtain. As the Sutherland case illustrates, plaintiffs have already recovered substantial money judgments against terrorist defendants. Not surprisingly, the real difficulties are encountered when plaintiffs seek to enforce such judgments. Private parties have successfully utilized civil litigation as a means of neutralizing domestic hate groups. The question now is whether they can achieve similar success with respect to international terrorists. Success in …

The Privileges And Immunities Of The International Criminal Court: Are They Sufficient For The Proper Functioning Of The Court Or Is There Still Room For Improvement, Stuart Beresford

San Diego International Law Journal

[T]o determine whether the ICC has the privileges and immunities necessary to ensure the proper functioning of the organization, this Article will first discuss the historical development of privileges and immunities for international organizations, including the legal foundation of the privileges and immunities of the Court. It will then examine the privileges and immunities of the organization as a legal entity, before turning to the privileges and immunities accorded to the various categories of individuals who have to attend the institution in an official capacity. Lastly, because a number of other categories of individuals play an essential role in the …

Reparations For Slavery: A Dream Deferred, Watson Branch

San Diego International Law Journal

When the year began, the prediction was that 2001 was going to be the "Year of Reparations." Both internationally and in the United States, the consensus held that the time had finally come for governments around the world to face up to racism and apologize for the harm brought about by slavery and its aftermath harm in the past, to those long dead, and in the present, to those who, because of the color of their skin, still suffer from racism. Governments were expected to make amends for that harm through restitution and compensation, whether individual or collective. This willingness …

National Missile Defense: Legal & (And) Policy Justifications For Expanding Deterrence & (And) Preventing War In The 21st Century, Michael A. Mccann

San Diego International Law Journal

This Comment will argue that National Missile Defense (NMD) is a desirable form of national defense and also compatible with international law. This Comment begins with an exploration of the Anti-Ballistic Missile Treaty of 1972 and its legal significance as it has evolved over time culminating with President George W. Bush's announcement on December 13, 2001 to withdraw from the Treaty. Next, it examines the past, current and future forms of missile defense, including how these forms interplay with international law. In the third section, criticisms of missile defense will be evaluated and established to be unpersuasive, especially in light …

Motions 2002 Volume 37 Number 7, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Motions 2002 Volume 37 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Motions 2002 Volume 37 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Straw Polls, Daniel B. Rodriguez

University of San Diego Public Law and Legal Theory Research Paper Series

A key measure of the democratic quality of a political community is how its members vote. The design and implementation of voting arrangements can illuminate the nature, purposes, and even potential of a community of citizens. Voting is, at the very least, used to sort out and implement preferences. Voting processes help in sorting out winners from losers and thereby provide a presumptively fair method for the implementation of public policy. At the same time, voting in a democratic policy is a coercive act. Voters are not merely expressing preferences; they are acting in order to transform their preferences into …

Note On The Neutral Assignment Of Federal Appellate Judges, Carl Tobias

San Diego Law Review

Neutral Assignment of Judges at the Court of Appeals (Neutral Assignment) substantially increases comprehension of the federal intermediate appellate courts. The most striking aspect of the recent article by Professor J. Robert Brown, Jr. and Ms. Allison Herren Lee is the revelation of new information which strongly suggests that the United States Court of Appeals for the Fifth Circuit did not randomly assign members of the federal bench to three-judge panels which heard cases involving desegregation and that this practice facilitated substantive results which favored integration. The material's release may well provoke controversy; however, Neutral Assignment is much more than …

Ethnography And The Idealized Accounts Of Science In Law, David S. Caudill

San Diego Law Review

n Part I, I confirm the idealizations of science in law and their implications for legal scholarship and practice. In Part II, I describe the ethnographic method used by science studies scholars, with reference to my own ethnographic analysis of interviews with three neuroscientists. I conclude Part II by identifying various social aspects of science that comprise a complex picture of scientific activity. In Part ill, I discuss the implications of ethnomethodology for trial practice, including deposition analysis, Daubert-type hearings, cross-examination techniques, and drafting jury instructions. Part IV addresses anticipated criticisms of my arguments.

Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Roman, Theron Simmons

San Diego Law Review

Despite the allegedly neutral and liberating notions of justice and

equality that are associated with American legal rhetoric, particularly

citizenship law, an examination of America's nineteenth and twentieth

century expansionism reveals that these principles fail to apply to all

persons associated with America. international movements calling for self-determination of colonized peoples

Notwithstanding this nation's role in

can be described as colonies. In an era of self-determination and in the

decade dedicated to the eradication of colonialism, free world and great emancipator of the oppressed has maintained a colonial regime

Masthead

San Diego Law Review

No abstract provided.

California's Duty Of Confidentiality: Is It Time For A Life-Threatening Criminal Act Exception?, Kevin E. Mohr

San Diego Law Review

In August 2001, the House of Delegates of the American Bar Association (ABA) voted in favor of a revision to the duty of confidentiality contained in the ABA's Model Rules of Professional Conduct, a set of ethics rules that has been adopted in some form by over forty states. Specifically, the House voted to broaden the exception in Model Rule 1.6 that permits a lawyer to reveal confidential information of the client to the extent the lawyer reasonably believes

necessary to prevent likely death or substantial bodily harrn.

It is

uncertain whether that vote will have any effect on the …

Masthead

San Diego Law Review

No abstract provided.

Violence, Video Games, And A Voice Of Reason: Judge Posner To The Defense Of Kids' Culture And The First Amendment, Clay Calvert

San Diego Law Review

"We are in the world of kids' popular culture. But it is not lightly to be suppressed."' So wrote Judge Richard A. Posner on behalf of a unanimous three judge panel for the Seventh Circuit Court of Appeals in March 2001 in striking down, on First Amendment grounds, an Indianapolis ordinance that blocked minors' access to video games depicting violence. Judge Posner's erudite opinion could not have come at a more important time-a time when the entertainment industries in the United States seemingly are under government siege and when the media blame game is peaking. The judge's cogent reasoning and …

Spouses Need Not Apply: The Legality Of Antinepotism And No-Spouse Rules, Timothy D. Chandler, Rafael Gely, Jack Howard, Robin Cheramie

San Diego Law Review

Over the last three decades, there have been significant increases in labor force participation by women. Initially, this increase was fueled by the entry of single, childless women into the labor market. Married women primarily dedicated their efforts to home care concerns. However, in recent years, a new trend has emerged as "the levels of market work undertaken by married women have increased relative to those of unmarried women."

Responsibility In Capital Sentencing, Steven Semeraro

San Diego Law Review

Although modem doctrine is worth preserving, it could be improved significantly by focusing explicitly on heightening individual responsibility. Two concrete ways to improve it would be to (1) explain the sentencer' s role in the narrative voice, a way of speaking that, at least in American society, appears to be associated with the assignment of responsibility; and (2) require heightened scrutiny of death sentences by state appellate courts, bringing the responsibility of state appellate judges in capital cases in line with the responsibility they bear in constitutional cases dealing with analogous mixed questions of fact and law under the First, …

Mixed Signals: The Limited Role Of Comparative Analysis In Constitutional Adjudication

San Diego Law Review

Judges and academics are divided as to whether the resolution of constitutional disputes must turn wholly on domestic inputs or if there is in fact any room in United States constitutional jurisprudence to learn from the experiences of other nations. Objections to the practice

premised upon the assertions that constitutional solutions should derive from purely domestic sources and that fundamental differences in constitutional systems will render attempts to transplant solutions ineffective. The purpose of this discussion is to show (1) that courts do in fact use comparative analysis in the interpretation of the Constitution, (2) that courts use foreign materials …

Internet Gambling: Should Fantasy Sports Leagues Be Prohibited?

San Diego Law Review

This Comment will examine fantasy sports leagues as a form of gambling. Part II considers various federal restrictions on gambling. State perspectives on gambling are addressed in Part III. Policy arguments are presented in Part IV, and practical issues are explored in Part V. Part VI concludes that Internet fantasy sports leagues violate gambling prohibitions. Finally, the Appendix sets out the gambling laws of each state.

Feminist Legal Writing, Kathryn M. Stanchi

San Diego Law Review

Because feminist legal advocates must use legal writing to persuade

their audience and push for change in the law, they must confront the dilemma of whether to follow legal writing conventions and risk altering or losing their feminist message or whether to break from convention and risk losing the legal audience. Feminist legal scholarship, in many different ways, has made great progress in dealing with this dilemma. The focus of this Article, however, is on several pieces of feminist legal scholarship that have confronted the dilemma by pushing the bounds of conventional legal language and legal writing. These pieces, by …

Public Defender's Conundrum: Signaling Professionalism And Quality In The Absence Of Price, Robert J. Aalberts, Thomas Boyt, Lorne H. Seidman

San Diego Law Review

This Essay, the result of an

extensive empirical study in the state of Nevada, attempts to ascertain factors among criminal defendants that may predict how they perceive a level of quality and satisfaction with their lawyers as service providers, as well as policy proposals for improving the perceptions of public defenders.

Why Repeal Of The Death Tax Means The Second Demise Of Substantive Due Process, Paul E. Mcgreal

San Diego Law Review

Death and taxes. For the first two centuries of American democracy, the former has been the province of Providence, the latter the concern of Congress. Congress has focused on the Internal Revenue Code, leaving death to the aging process, human folly, religion, and Darwinian forces. In a stunning power grab, Congress recently upset this order, asserting control over both domains. No longer satisfied to allow life to run its

course, Congress has sought to hasten accrual of the Death Tax. simply, Congress has sanctioned the killing of rich Baby Boomers.