Law Commons^™

Securing Liberty With Chains: Locking Up The Fifth Amendment Within The Confines Of Miranda Dickerson V. United States, Bryan P. Doyle

MC Law Review

Notes

Do The Crime, Do The Time, But The Time Should Fit The Crime: Does Mississippi Need Sentencing Guidelines - White V. State, Renee C. Harrison

MC Law Review

Notes

The Least Of Evils For Judicial Selection, Leslie Southwick

MC Law Review

Symposium - The Judicial Selection

Proposed Remedy For Mississippi's Medical Malpractice Miseries, A, Jeffrey O'Connell

MC Law Review

No abstract provided.

Tort Reform And The Medical Liability Insurance Crisis In Mississippi: Diagnosing The Disease And Prescribing A Remedy, Neil Vidmar, Leigh Ann Brown

MC Law Review

No abstract provided.

Traditional Free-Speech Law: Does It Apply On The Internet?, A. John Harper Iii

Computer Law Review and Technology Journal

The First Amendment states that Congress "shall make no law . . . abridging the freedom of speech, or of the press." But as Oliver Wendell Holmes recognized, the First Amendment "obviously was not intended to give immunity for every possible use of language." Accordingly, the Supreme Court's free-speech jurisprudence has traditionally been one of line drawing - distinguishing protected from unprotected speech by evaluating its content in light of the medium through which it is expressed. In terms of content, there are generally three categories of speech: "(1) speech that everyone has a right to (political speech, speech about …

Packet Sniffers And Privacy: Why The No-Suspicion-Required Standard In The Usa Patriot Act Is Unconstitutional, Robert Berkowitz

Computer Law Review and Technology Journal

The legal standards for electronic surveillance, like the underlying technologies themselves, are constantly evolving. Originally aimed at analog telephones with landlines, the law has had to develop in order to deal with an expanding array of electronic communications, most recently the Internet. The challenge is a double one: statutes allowing surveillance must balance law enforcement's need for information with the privacy rights of the subjects of surveillance and the public at large. The USA Patriot Act, passed in the wake of the terrorist attacks on New York City and Washington, D.C., is the most recent attempt to strike this balance. …

Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai

San Diego Law Review

Much of the existing literature on genetic intervention addresses questions of discrimination or reproductive decisionmaking. Although this book discusses those questions,

it takes as its major focus an issue that is perhaps even more vexing—the issue of how we should, from the standpoint of distributive justice, allocate genetic interventions. In other words, given the wide range of genetic interventions that may become available, how should we divide such interventions? Implicit in this problem is the reality that scarcity will prevent individuals from having access to all genetic interventions that would be of benefit to them. In this brief Essay, I …

Masthead

San Diego Law Review

No abstract provided.

Punishing Reproductive Choices In The Name Of Liberal Genetics, Alexander Morgan Capron

San Diego Law Review

When the four American moral philosophers who individually have already made the most significant contributions to the ethical analysis of contemporary health care and medicine collaborate, it should come as no surprise that their joint effort is a lucid and powerful analysis of the principles that a just and humane society would employ in setting policies about how the new tools of molecular genetics should be used for human betterment. In From Chance to Choice: Genetics and Justice, Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler aimed to steer a middle course between two extreme models. The first …

Genetic Enhancement, Distributive Justice, And The Goals Of Medicine, Mark A. Hall

San Diego Law Review

In this brief Essay, I focus on chapter 4 of the book’s discussion of the distinction between treatment and enhancement.

This distinction is at the core of many of the most challenging problems of ethics and public policy raised by genetics. This is also the place where there appears to be disagreement or ambivalence among these authors

and where fault

lines appear in their otherwise remarkably united front.

Introduction

San Diego Law Review

No abstract provided.

The Ethics Of Genetic Intervention: Human Research And Blurred Species Boundaries, Rebecca Dresser

San Diego Law Review

From Chance to Choice: Genetics and Justice1

is a well-written and tightly argued analysis. This Essay addresses two topics meriting more attention than they received from these authors. First, this Essay considers in greater detail a topic the book briefly addresses—the human research necessary to support clinical use of genetic interventions. What appears as simply a step along the way to clinical benefits may actually present serious impediments. Second, this Essay expands on a point the authors mentioned only in passing. They noted that developments in

genetics are blurring traditional species boundaries. Blurred boundaries between humans and other species raise …

A Rawlsian Approach To Solving The Problem Of Genetic Discrimination In Toxic Workplaces, Robert A. Bohrer

San Diego Law Review

The Human Genome Project (HGP) may well be the beginning of a technological leap that rivals the advent of the Industrial Age.2 The principal goal of the project is to map and fully sequence3

the twenty- four chromosomes that contain the complete genetic contents of a

normal human cell. The human genome consists of twenty-two pairs of chromosomes plus the X and Y chromosomes that determine gender.4 As would be expected for such a technologically adventurous undertaking, the HGP has been accompanied by a substantial outpouring of concern about the ethical, legal, and social issues that will arise from this …

Does Technological Enhancement Of Human Traits Threaten Human Equality And Democracy?, Michael H. Shapiro

San Diego Law Review

This Article outlines some of the moral, legal, and general policy difficulties that societies and individuals will face if technological enhancements via germ line and somatic mechanisms become possible. It identifies and analyzes some of the conceptual structures necessary to explain the nature of these difficulties, suggests some alternative basic scenarios—such as greater or lesser scarcity of technological enhancement resources, impacts on how we perceive each other, and different remediation patterns—and then maps and reverse maps the projected technological developments against the value and legal structures. This Article also describes and comments on what may seem to be, from our …

Deconstructing Binary Race And Sex Categories: A Comparison Of The Multiracial And Transgendered Experience, Julie A. Greenberg

San Diego Law Review

Millions of people are transgendered

and cannot easily be categorized as either male or female. Similarly, millions of people are multiracial and cannot be classified as being of one distinct race. Race classification systems have existed for centuries and have been the subject of extensive commentary and critique for decades. Sex and gender classification systems, on the other hand, have just started to become the subject of litigation in the last half of the twentieth century

and it is only during the last decade that sex classification systems have become the topic of extensive scholarly discussion.

Reasonable Expectations And The Erosion Of Privacy, Shaun B. Spencer

San Diego Law Review

This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract or (at least in theory) expand in accordance with changing social expectations. This expectation-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is …

Pavlovich V. Superior Court: Spinning A World Wide Web For California Personal Jurisdiction*

San Diego Law Review

This Casenote questions the Pavlovich court’s holding. More

specifically, it argues that the exercise of personal jurisdiction in this case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution and that the court erred when it failed to quash service of process. Further, this Casenote posits that exercise of jurisdiction here not only eviscerates the mandates of International Shoe Co. v. Washington and its progeny, but also extends California jurisdiction to cover Internet users everywhere.

The Purloined Personality: Consumer Profiling In Financial Services

San Diego Law Review

Although almost every sector of the U.S. economy practices consumer profiling,perhaps the most substantive challenge to consumer privacy is found in the activities surrounding the use and disclosure of consumer transaction data by the financial services industry. For that reason, this Comment focuses exclusively on consumer profiling in the context of the financial services sector, defined as banks, credit card issuers, brokerages, and insurance companies.

Masthead

San Diego Law Review

No abstract provided.

Unbuckling The “Chemical Straitjacket”: The Legal Significance Of Recent Advances In The Pharmacological Treatment Of Psychosis, Douglas Mossman

San Diego Law Review

The

pharmacotherapeutic properties of antipsychotic medications— their actions, therapeutic uses, benefits, adverse effects, contraindications, and risks—are quintessentially medical topics, even when the situations and contexts in which doctors prescribe or recommend their use raise legal questions. Frequently, however, the legal database (that is, published opinions, legislation, regulation, and law review articles) is the principal or sole information source cited and consulted by lawyers, judges, and scholars who write about these drugs and make decisions concerning the persons that may have to take them. What often results is the perpetuation of mistaken, outdated, distorted, biased, contradictory,

or just plain foolish ideas …

Balancing The Anonymity Of Threatened Witnesses Versus A Defendant’S Right Of Confrontation: The Waiver Doctrine After Alvarado, Joan Comparet-Cassani

San Diego Law Review

As this Article will show, the Alvarado holding is very narrow, requiring disclosure only when a witness is crucial to the prosecution and when the witness’s credibility is at issue.

The interesting issue left unresolved by Alvarado is whether the identity of a crucial witness whose credibility is not at issue must be disclosed to the defense at trial when the witness has been threatened and attacked by the defendant or at the defendant’s behest. Or, whether because of that intimidation, the defendant has waived his right of confrontation as to the witness’s identity. This question is ripe for exploration …

Sua Sponte Appellate Rulings: When Courts Deprive Litigants Of An Opportunity To Be Heard, Barry A. Miller

San Diego Law Review

But the Supreme Court and other appellate courts have failed to follow any consistent practice about sua sponte holdings. The difficulty courts have is illustrated by the fact that even the most prominent appellate judges sometimes say they want procedural regularity, but in other cases exercise the freedom to do what they like.

Liberty Not Fully Evolved?: The Case Of Rodney Levake And The Right Of Public School Teachers To Criticize Darwinism, Francis J. Beckwith

San Diego Law Review

In 2001, the Minnesota Court of Appeals reviewed the case of Rodney LeVake, a public school teacher who sought to enhance his school

district’s required science curriculum by suggesting to students alternative viewpoints inconsistent with that curriculum. This case, LeVake v. Independent School District, should be of great interest to legal theorists. Its holding, and the reasoning on which it is based, may serve as a Socratic provocation regarding the extent to which public school teachers have constitutional academic freedom (apart from statutory requirements or permission) to voluntarily include criticisms of and alternatives to evolutionary theory.

Clearer Skies For Investors: Clearing Firm Liability Under The Uniform Securities Act

San Diego Law Review

Securities fraud poses a major threat to the financial security of millions of investors. Stock fraud and the brokerage firms perpetrating it thrive, bilking investors out of millions of dollars annually. The North American Securities Administrators Association (NASAA), an association comprised of state and regional securities regulators, estimates that investors lose $6 billion a year to investment fraud, including micro-cap stock fraud.1 In 2000, Bradley Skolnick, the Indiana Securities Commissioner and former head of the NASAA, stated that boiler rooms were “the single greatest source of investment scams.” Yet defrauded investors are unlikely to recover funds lost to fraud, because …

Into Contract’S Undiscovered Country: A Defense Of Browse-Wrap Licenses

San Diego Law Review

The Internet is important not only because of its popularity, but also because of its power for innovation. The Internet has caused an explosion of new services and innovative types of commerce. The Internet has also changed the contours of the marketplace, creating a connected economy in which anyone with a computer and a phone line can do business directly with a maker of goods anywhere in the world and at any time. The Internet has even changed consumers themselves, empowering them with unlimited information about products. The Internet has also changed the relationship that consumers have with products created …

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."

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 …