Law Commons^™

Foreword, Leslie A. Robinson

San Diego International Law Journal

The articles appearing in Volume 7 of San Diego International Law Journal span the globe and cover the breadth of international law. The concept of globalization offers a prism through which to view the articles in this issue. The first three articles are focused on Africa. Nsongurua Udombana eloquently addresses the need for both debt relief and the full integration of Africa into the global trading system. Karol Boudreaux analyzes the conflict over land rights in Nigeria's Plateau State under the Land Use Act of 1978, which nationalized all land in Nigeria. Edward Fluet discusses the impact of the trade …

The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana

San Diego International Law Journal

This Article examines the promised debt relief and commends the G8 for taking the initiative to assist a continent in crisis. The Article, however, argues that debt relief is far from a complete cure, and that Sub-Saharan Africa (SSA) needs more than handouts from the G8 to overcome poverty. Debt relief is merely the end of the beginning; it is, at best, a gesture of support to Africa's effort at meeting human security, which the African Union (A.U.) defines as "the security of the individual in terms of satisfaction of his/her basic needs." Africa's problems are conspicuous, though their solutions …

Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora

San Diego International Law Journal

While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …

Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon

San Diego International Law Journal

In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …

The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas

San Diego International Law Journal

In a quick search for cases involving foreign law that have been decided by California courts over the last two years, the results were not surprising: 100 cases were governed by Mexican law, 57 by Canadian law, 29 by Japanese law, 28 by German law, and 12 by Chinese law. I would like to pose two ideas before this learned audience: first, that becoming familiar with foreign law is a practical, intriguing and beneficial exercise for California judges and for American judges at large. And second, that Mexican law represents an emerging and a very large component of foreign law …

Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach

San Diego International Law Journal

MS-13 poses a threat to both Salvadorians and Americans. It is a gang that must be cooperatively contained; it will not be controlled by a simplistic burden-shifting policy that leaves El Salvador, a developing country, to unilaterally deal with the problem. This paper will argue that: (1) the deportation of gang members, which results in the arbitrary deaths of thousands of innocent Salvadorians who have no legal recourse amounts to a grave violation of human rights; (2) deportation of gang members to a society where they are likely to be killed by vigilante death squads, or in prison fires and …

The Comparative Catalyst: Reforming Graham V. Daimlerchrysler, Kevin Logan

San Diego Law Review

This Casenote examines the California Supreme Court's decision in Graham v. DaimlerChrysler concluding that the adoption of a stricter definition of "public interest" litigation and a comparative catalyst rule will serve to stem the flood of unproductive lawsuits in the high court's ill-conceived decision will otherwise unleash.

V.42-4, 2005 Masthead

San Diego Law Review

No abstract provided.

Municipal Separate Storm Sewer System (Ms4) Regulation Under The Federal Clean Water Act: The Role Of Water Quality Standards?, John H. Minan

San Diego Law Review

The Clean Water Act, the primary federal statute regulating water pollution, requires municipal storm water discharge permits, under the National Pollutant Discharge Elimination System program, to include provisions controlling discharges from municipal separate storm sewer systems. This article questions whether the Clean Water Act's maximum extent practicable standard is the only statutory standard given the current trend toward compliance with state water quality standards independent of the maximum extent practicable standard, and whether the Clean Water Act superseded the state water quality standards. State water quality standards act as a water quality threshold, which are reviewed often by the states …

The Unitary Waters Apprach: The Government's Misguided Attempt To Limit The Reach Of The Clean Water Act, Brad W. Blank

San Diego Law Review

This Comment will, first, determine whether the government's unitary waters approach is a viable interpretation of the SWA. Second, it will explore what characteristics should be considered to determine whether two water bodies are"meaningfully distinct." Finally, this Comment will explore the possible consequences of applying the NPDES program to water transfers between two water bodies.

Size Matters (Or Should) In Copyright Law, Justin Hughes

Articles

American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent copyright protection for smaller and smaller pieces of expression, particularly in recent cases involving valuation and taxonomy systems. Copyright case law is rife with dicta suggesting protection of short phrases and single words.

This instability in copyright law is rooted in the fiction that we deny copyright protection to short phrases and single words because they lack originality. In fact, there are many short phrases that cross copyright's low threshold …

Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield

Vanderbilt Law Review

A growing national debate about the future of race, housing, and urban policy in the United States is reflected in the recent controversy over the administration of the Low-Income Housing Tax Credit ("LIHTC") program, the largest federal program that supports building low-income housing. Administered by the Treasury Department, the program allows investors in residential rental property to claim tax credits for the development or rehabilitation of property to be rented to low-income tenants. The program is implemented mainly through state agencies which distribute the credit to developers on a competitive basis. Part of the LIHTC statute, which passed without debate …

"Gouging The Government": Why A Federal Contingency Fee Lobbying Prohibition Is Consistent With First Amendment Freedoms, Meredith A. Capps

Vanderbilt Law Review

Washington Post writer David Segal once observed, "[f]or most Americans the words 'Washington lobbyist' have roughly the same cachet as, say, 'deadbeat dad."" Both lawmakers and the public regard lobbying as an unsavory part of the political process. Much of this perception stems from the vast sums of money spent each year on lobbying activity. For example, in the first half of 2004 alone, mortgage funding companies Fannie Mae and Freddie Mac reported spending over $11 million on lobbying activities, General Electric spent $8.5 million, and the U.S. Chamber of Commerce spent $20.1 million-and these were only three of the …

The Untold Story Of The Rest Of The Americans With Disabilities Act, Michael Waterstone

Vanderbilt Law Review

The Americans with Disabilities Act ("ADA")' can be described as the All-Star team of civil rights legislation. The framers of the ADA sought to create sweeping change in nearly every facet of the lives of people with disabilities. To achieve these ambitious goals, the framers assembled the best and brightest parts of other civil rights legislation: pieces of Title VII of the Civil Rights Act of 1964, Section 04 of the Rehabilitation Act of 1973, Title II of the Civil Rights Act of 1964, and the Fair Housing Act. The end result was a comprehensive statute with three major parts: …

Endangered Species--Examining South Africa's National Rape Crisis And Its Legislative Attempt To Protect Its Most Vulnerable Citizens, Ashley J. Moore

Vanderbilt Journal of Transnational Law

With the demise of apartheid, South Africans eagerly anticipated the freedom from bondage that liberation brings. More than ten years later, however, remnants of the inhumane system still remain throughout South Africa, with the epidemic rape crisis that currently grips the African nation providing dramatic evidence of the continued hold of apartheid. Scores of South Africa's women and young children must contend with the pervasive sexual violence that permeates the country. These would-be victims live in constant fear of physical attack, while advocates await the South African government's response to this national crisis. Unfortunately, legislation that would dramatically change South …

The Strategic Use Of Mexico To Restrict South American Access To The Diversity Visa Lottery, Jonathan H. Wardle

Vanderbilt Law Review

In 1990, Congress enacted the Family Unity and Employment Opportunity Act (the "1990 Act"), which created a visa lottery to enhance the diversity of the immigrant stream and to ensure that areas of the world sending relatively few immigrants to the United States could still have access to the immigrant stream. In order to achieve these goals, Congress created a complex formula by which 55,000 "diversity" visas would be distributed annually among six geographically defined regions based on the total number of immigrant admissions from each region. Under this formula, regions with relatively low admission rates are granted more visas …

Table Of Contents - Cardozo Law Review, Volume 27, Issue 2

Cardozo Law Review

No abstract provided.

Prolegomenon: Radical Patience: Deconstruction's Fall Into History, Anselm Haverkamp

Cardozo Law Review

No abstract provided.

Deconstruction's Legal Career, Jack M. Balkin

Cardozo Law Review

No abstract provided.

Ability And Faith: On The Possibility Of Justice, Christoph Menke

Cardozo Law Review

No abstract provided.

Untranslatable You, Shireen R. K. Patell

Cardozo Law Review

No abstract provided.

Section 1782(A) After Intel: Reconciling Policy Considerations And A Proposed Framework To Extend Judicial Assistance To International Arbitral Tribunals, Daniel A. Losk

Cardozo Law Review

No abstract provided.

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

Articles

No abstract provided.

Trusting Trustees: Fiduciary Duties And The Limits Of Default Rules, Melanie B. Leslie

Articles

No abstract provided.

Introduction: Un Cygne Noir, Peter Goodrich

Cardozo Law Review

No abstract provided.

Derrida: The Reader, Simon Critchley

Cardozo Law Review

No abstract provided.

Europe, Or The Inheritance Of Responsibility, Rodolphe Gasché

Cardozo Law Review

No abstract provided.

"Where The Law Touches Us, We May Affirm It": Deconstruction As A Poetic Thinking Of Law, Adam Gearey

Cardozo Law Review

No abstract provided.

Derrida's Ethical Turn And America: Looking Back From The Crossroads Of Global Terrorism And The Enlightenment, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

What We Talk About When We Talk About Death, Joseph Brooker

Cardozo Law Review

No abstract provided.