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Articles 1 - 30 of 71
Full-Text Articles in Law
How Town Of Chester V. Laroe Estates, Inc. Turned The One-Good-Plaintiff Rule Into The One-Good-Remedy Rule, Jesse D.H. Snyder
How Town Of Chester V. Laroe Estates, Inc. Turned The One-Good-Plaintiff Rule Into The One-Good-Remedy Rule, Jesse D.H. Snyder
San Diego Law Review
This Article argues that Town of Chester reframes the one-good-plaintiff rule, turning an inquiry focused on at least one plaintiff with standing for each asserted claim into one in which courts must assay standing for the entire field of damages seekers. In three parts, the Article reviews Article III standing juxtaposed with the advent of the one-good-plaintiff rule, discusses Town of Chester, and explores how Town of Chester affects the future of the one-good-plaintiff rule. Although Town of Chester did not address existing plaintiffs or how their extant damages theories can anchor other parties, the Court’s rationale is a salvo …
Fashion Law: More Than Wigs, Gowns, And Intellectual Property, Mark K. Brewer
Fashion Law: More Than Wigs, Gowns, And Intellectual Property, Mark K. Brewer
San Diego Law Review
[T]his article frames the emerging field of fashion law and synthesizes its substance from an international perspective in order to raise the profile of fundamental areas in which the law and fashion intersect as well as identify key areas for future research. Part II examines the background on fashion law, initially focusing on its origins and then examining IP, traditionally the main area of the field. Additionally, the Article defines, frames, and justifies the emerging field of fashion law. Because an exhaustive analysis of the emerging trends in fashion law is beyond the scope of this Article, Part III only …
Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind
Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind
San Diego Law Review
[B]lockchain technology provides a cryptographically secure and transparent method for transferring “digital assets.” Although blockchain technology is most commonly recognized as the technology that underpins virtual currencies, such as Bitcoin, it may also hold the key to facilitating secure online elections in America. To preface the need for blockchain voting, Part II addresses the current problems with voting in the United States. Part III provides an elementary explanation of blockchain. Parts IV and V outline current election laws and explain how implementing blockchain voting would very likely comply with these laws. Transitioning to a new voting system, however, does not …
The Road To Autonomy, Michelle Sellwood
The Road To Autonomy, Michelle Sellwood
San Diego Law Review
[T]his Comment discusses the background of AI and robotics, the technology behind the autonomous vehicle, and the evolution of products liability laws. Part III examines current regulations, the benefits of autonomous technology, and the need for a definitive liability framework. Part IV discusses why current tort liability laws will be ineffective in governing autonomous vehicle liability by examining the shift in liability from the driver to the owner and manufacturer. Part V proposes a short-term solution by attributing liability to the programmer, while software is still hard-coded. Finally, Part VI explores legal personhood, and proposes that the autonomous vehicle be …
Motions 2017 Volume 54 Number 3, University Of San Diego School Of Law Student Bar Association
Motions 2017 Volume 54 Number 3, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Motions 2017 Volume 54 Number 2, University Of San Diego School Of Law Student Bar Association
Motions 2017 Volume 54 Number 2, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Motions 2017 Volume 54 Number 1, University Of San Diego School Of Law Student Bar Association
Motions 2017 Volume 54 Number 1, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Pokémon Go Away: Augmented Reality Games Pose Issues With Trespass And Nuisance, Kate Motsinger
Pokémon Go Away: Augmented Reality Games Pose Issues With Trespass And Nuisance, Kate Motsinger
San Diego Law Review
To illustrate the necessity of a permanent remedy—a virtual prescriptive easement—this Comment begins by exploring the origins of AR games in Part II and providing an overview of the mechanics of the most popular AR mobile game, Pokémon Go, as well as the types of AR games and technology currently in development. Part III then considers different causes of action that individuals might bring against creators of AR mobile games under the doctrines of trespass and nuisance, respectively. After weighing the merits and pitfalls of each claim in Part III, this Comment submits that a virtual prescriptive easement is the …
Is There Hope For Change? The Evolution Of Conceptions Of Good Corporate Governance, Lynne L. Dallas
Is There Hope For Change? The Evolution Of Conceptions Of Good Corporate Governance, Lynne L. Dallas
San Diego Law Review
To provide a useful perspective on corporate governance today, this Article examines the evolution of conceptions of “good” corporate governance that have successively revolutionized the corporate landscape. By the use of “evolution,” I do not mean some natural evolution, but changes in the beliefs of managers concerning how to run their businesses effectively. “Good” corporate governance refers to what is perceived as good from the point of view of firm managers and may or may not translate into what is good for society. This Article shows that corporate decision making was influenced over the years by successive, rationalized ideals of …
It's Time To Mind The Gasb, Israel Klein
It's Time To Mind The Gasb, Israel Klein
San Diego Law Review
[T]his article provides support for the “Public Employee Pension Transparency Act” (Transparency Bill). The Transparency Bill, introduced in all 111th to 114th Congress—however not yet became law—proposes making tax benefits related to bonds issued by a state or political subdivision conditional upon compliance with specific reporting requirements, regarding post-employment financial liabilities, established by Congress. However, and more importantly, the Article points to the fact that the Transparency Bill only deals with a symptom of a much deeper problem—the ability of public sector entities to “shop” their disclosures and therefore to avoid accountability and scrutiny. This Article proceeds as follows: In …
Extending Miranda: Prohibition On Police Lies Regarding The Incriminating Evidence, Rinat Kitai-Sangero
Extending Miranda: Prohibition On Police Lies Regarding The Incriminating Evidence, Rinat Kitai-Sangero
San Diego Law Review
This Article addresses the question of whether lying to suspects during interrogations regarding the incriminating evidence against them is a legitimate deceit. The search for truth goes hand-in-hand with the human yearning for knowledge. Generally, lying is perceived as reprehensible. Certain types of lies, such as those concerning medical treatment or the sale of a house, may even result in civil or criminal liability. Despite the condemnation of lying, lying to suspects during interrogations is a common phenomenon, and has even been dubbed an “art.” Part II of the article presents how police use deceit and lies during interrogations in …
Breaking Through Gridlock To Protect Human Rights: The Case For A Congressional Human Rights Committee, Joanne Sweeny
Breaking Through Gridlock To Protect Human Rights: The Case For A Congressional Human Rights Committee, Joanne Sweeny
San Diego Law Review
Congressional gridlock does more than frustrate the populace; it has far-reaching effects, particularly for human rights abuses. From Ferguson, Missouri to Flint, Michigan, government abuses of power and civil rights violations increasingly concern those within the United States. Existing executive bodies, although able to investigate, lack the political power to force Congress to act to remedy these abuses and neither Congress nor state legislatures have offered any solutions. In response, activists have begun to approach international bodies such as the United Nations to voice their concerns, which has also allowed them to re-characterize their plights as human rights issues. If …
Unparadoxical Liberalism, Andrew Koppelman
Unparadoxical Liberalism, Andrew Koppelman
San Diego Law Review
Larry Alexander argues that liberalism is internally incoherent because it contains a paradox: it is committed to toleration, but if it tolerates illiberal ideas and practices it betrays itself. The paradox does not exist. Liberalism aims to tolerate as much diversity as it can consistent with the preservation of the liberal project. It has distinctive reasons to tolerate illiberal ideas, since it aims to be adopted by the citizenry consciously and with a full understanding of the alternatives. How much diversity can, in practice, be tolerated is a contingent question dependent on the facts of any particular time and place. …
A Pluralist Case For The Harm Principle, Gonçalo Almeida Ribeiro
A Pluralist Case For The Harm Principle, Gonçalo Almeida Ribeiro
San Diego Law Review
Should the law interfere with individual choices and actions that cause no harm to others but that are regarded as wrong? Is it permissible for the law to restrain individual freedom not for the sake of preventing harm to others but in order to prevent people from performing immoral deeds or from debasing or harming themselves? Doubtless that is the purpose of some laws, although it is not always easy to tell which and to what extent, since most laws pursue, or can be interpreted to pursue, a variety of goals. Standard examples of moralist legislation, such as the criminalization …
The History And Future Of Capital Punishment In The United States, Robert A. Stein
The History And Future Of Capital Punishment In The United States, Robert A. Stein
San Diego Law Review
It is a great pleasure to be with you today to deliver the 2016 Nathaniel Nathanson Lecture. I am delighted to join the many distinguished jurists and scholars that have delivered this Lecture in prior years. Early in his career, Professor Nathanson clerked for Justice Louis Brandeis and served the Securities and Exchange Commission in its formative days. Professor Nathanson is deservedly viewed as one of the architects of modern administrative law. His work, Administrative Discretion in the Interpretation of Statutes,was monumental in the field of administrative law. Professor Nathanson was the first scholar to identify a “principle of limited …
The Never-Ending Quest For Clarity Amidst Uncertainty: Hospital M&A And Antitrust Scrutiny, Ross E. Bautista
The Never-Ending Quest For Clarity Amidst Uncertainty: Hospital M&A And Antitrust Scrutiny, Ross E. Bautista
San Diego Law Review
Although critics say hospitals justify mergers in the same way as they did during the M&A boom of the 1990s, these critics frequently link the current wave of mergers with the purpose of becoming more integrated and efficient to achieve the level of cost savings and improved quality that the United States and patients currently require. However, the results from hospital consolidation remain uncertain because of the limited and mixed evidence about its impact on quality of care and price. Part I of this Article discusses the recent surge in hospital M&A activity. Part II brings some clarity by discussing …
User "Safer Harbor" From Statutory Damages: Remixing The Doc's Ip Task Force White Paper, Tonya M. Evans
User "Safer Harbor" From Statutory Damages: Remixing The Doc's Ip Task Force White Paper, Tonya M. Evans
San Diego Law Review
In Safe Harbor for the Innocent Infringer in the Digital Age (Safe Harbor), I argued that certain classes of direct innocent infringers of copyright—namely, accidental and mea culpa infringers—should be afforded safe harbor from liability in light of current accepted online practices of users deemed essential for the proper functioning and progress of the Internet and digital technology. I offered a statutory amendment to Section 512 of the Copyright Act, one that would apply specifically to direct users and protect them in ways similar to the protections currently available to online service providers. In this Article, I approach the same …
Mandatory Ultrasounds And The Precession Of Simulacra, Jessica Knouse
Mandatory Ultrasounds And The Precession Of Simulacra, Jessica Knouse
San Diego Law Review
The term “precession of simulacra”—coined by French philosopher Jean Baudrillard to describe the postmodern phenomenon wherein “images precede reality”—accurately describes what is wrong with the pre-abortion ultrasound mandates that have recently been enacted in a number of states. The term captures the idea that the traditional reality–image hierarchy has been inverted and repeatedly re-inverted to the point where the boundary between the two has become blurred. Laws that require doctors to display and describe sonograms prior to performing abortions exploit this blurring by encouraging women seeking abortions to experience fetal images more vividly than they experience the realities that lead …
Legal Moralism Revisited, Michael S. Moore
Legal Moralism Revisited, Michael S. Moore
San Diego Law Review
I shall use this occasion mostly to clarify what the legal moralist theory of criminal legislation proclaims to be the proper limits on the reach of criminalization of behavior. But preliminarily, here in this Introduction, I want to remind readers of how the principle is motivated. First, recall what a principle of criminal legislation is. It consists of two closely related items. First of all, it is a principle that sets forth the proper aims of a legislature when that legislature drafts the prohibitions and requirements that constitute the “special part” of the substantive criminal law. It is, second, a …
The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game, Miguel Nogueira De Brito
The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game, Miguel Nogueira De Brito
San Diego Law Review
The topic of the legal enforcement of morals, understood as the “question of the legitimacy of ‘vice crimes’ or ‘victimless crimes,’” is a special facet of the more general issue of the limits of the law. It is the subject of the long-standing debate as to whether law—all law—can be used as a support for moral conceptions as such, or, more generally, whether there are limits on the use of law to enforce morality, as when it is claimed that the law must remain neutral as between different views of the good, be they religious or otherwise. Whether understood in …
Ownership Not Required: The Expansion Of Section 167(H) In Cgg Americas, Inc. V. Commissioner, Kristofer Thompson
Ownership Not Required: The Expansion Of Section 167(H) In Cgg Americas, Inc. V. Commissioner, Kristofer Thompson
San Diego Law Review
CGG Americas marks a significant departure from past treatment of G&G expenses, establishing a precedent for the expanded application of Section 167(h) to a novel body of taxpayers. This Note analyzes the court’sdecision to expand Section 167(h) to such entities as CGGA, drawing uponcases, revenue rulings, and legislative history to discern the appropriatenessof the decision in light of relevant policy concerns. Following this Introduction, Section II of this Note sketches the historical framework of G&G expenses, using historical cases and revenue rulings to illustrate the evolution of the concept across much of the twentieth century and detailing the legislative history …
Why Liberal Tolerance, Rightly Understood, Is Coherent And Defensible, William A. Galston
Why Liberal Tolerance, Rightly Understood, Is Coherent And Defensible, William A. Galston
San Diego Law Review
One of the most familiar criticisms of liberal democracy is that it cannot defend itself against its enemies while remaining true to its principles. This criticism is odd as well as unjust because theorists regarded as arch-liberals offer compelling reasons to reject it. . .
An Unjust Dogma: Why A Special Right To Religion Wrongly Discriminates Against Non-Religious Worldviews, Kenneth Einar Himma
An Unjust Dogma: Why A Special Right To Religion Wrongly Discriminates Against Non-Religious Worldviews, Kenneth Einar Himma
San Diego Law Review
In this Article, I will argue that a special right to religious freedom is not morally warranted, and that hence such a right illicitly discriminates against non-religious worldviews. The principal argument here is that there is no adequate reason to think that religious worldviews implicate any interests distinct from those implicated by non-religious worldviews. While it is certainly true that religious worldviews warrant, as a matter of political morality, all the protections that non-religious worldviews receive, there is good reason to question what seems to have become a dogma among Western nations—namely, that religious worldviews deserve special protection....
A Transcendental Argument For Liberalism, Samuel C. Rickless
A Transcendental Argument For Liberalism, Samuel C. Rickless
San Diego Law Review
Liberalism is the view that the state should not, except on mutually justifiable grounds, coerce a society’s citizens to adopt, support, or follow some particular comprehensive conception of the good. So understood, a liberal state, by definition, permits each citizen a zone of freedom delimited by her own understanding of the ingredients of a happy life. Liberalism, as a normative theory governing state–citizen (and, indirectly, citizen–citizen) relations, is opposed by various forms of totalitarianism, including theocracy and communism. A theocratic state is one that imposes a particular religious form of life on its citizens, and thereby restricts their freedom to …
Liberalism And Tolerance, William Voegeli
Liberalism And Tolerance, William Voegeli
San Diego Law Review
I began by raising the possibility that tolerance is minor issue, having no bearing on whether liberalism works out or makes sense. I conclude by noting that it is a central question, for liberalism and politics in general. Tolerance is important because intolerance is important. “Anything Goes” is one of Cole Porter’s best songs, but is unlikely to become any country’s national anthem. The questions of what doesn’t go, and why, and how to prevent it from going any further, explain a great deal about the political ideologies of our era, as well as the premises on which social orders …
Alexander On Koppelman On Alexander, Larry Alexander
Alexander On Koppelman On Alexander, Larry Alexander
San Diego Law Review
In my book Is There a Right of Freedom of Expression?, I argued that liberalism, to the extent it is defined by a commitment to freedom of illiberal speech, illiberal religions, and illiberal associations, is at its core paradoxical. For, I argued, if liberalism is the correct political philosophy, it must regard illiberal thought and its manifestations in action and policy as fundamentally mistaken. And these mistaken illiberal views cannot be deemed by the liberal to have value as views, except perhaps for whatever instructive value they might have in getting people to see the truth of liberalism. When such …
The Machiavellian Case Against Legal Moralism, Luis Pereira Coutinho
The Machiavellian Case Against Legal Moralism, Luis Pereira Coutinho
San Diego Law Review
In this paper, “legal moralism” is to be understood in a wide sense as the promotion, outright coercive, or otherwise, of conceptions of the good by the state—assuming in a Kelsenian way that any state action means legal action. Under consideration is the possibility of excluding the good from the bounds of the law under a theory of political right of Machiavellian origin. Anticipating the conclusion, this paper will seek to verify whether the Machiavellian case is the only one excluding the good from the bounds of the law in a coherent manner, regardless of its merits and the inherent …
What's Legal About Legal Moralism?, Douglas Husak
What's Legal About Legal Moralism?, Douglas Husak
San Diego Law Review
If legal moralism posits a normative connection between culpable wrongdoing and punishment, what should legal moralists say about cases in which responsible agents commit culpable wrongs that have not been proscribed ex ante by the state in which they occur? More succinctly, what is the status of the principle of legality according to legal moralists? I argue that the absence of law typically, but perhaps not always, provides a sufficient non-desert basis to withhold punishment from culpable wrongdoers whose punishment is deserved. I critically examine the probable implications of this way of accounting for the significance of legality.
Dignity, Rights, And The Role Of Consent In German Criminal Law, Kapsaski Ifigeneia
Dignity, Rights, And The Role Of Consent In German Criminal Law, Kapsaski Ifigeneia
San Diego Law Review
This Article addresses the issue of protecting human dignity as a ground and a threshold for criminalization. Human dignity can be either a limit to the scope of criminal law or a reason that justifies criminalization. This inquiry will be conducted through the referral to two German cases regarding consensual conduct. The first concerns consensual maiming and killing of a person and the second concerns consensual incest between two adult siblings. This Article does not further examine questions on the ontology of consent; neither does it examine questions regarding validity of consent as rational and voluntary. The issue discussed here …
Revisiting The Hart-Devlin Debate: At The Periphery And By The Numbers, James Allan
Revisiting The Hart-Devlin Debate: At The Periphery And By The Numbers, James Allan
San Diego Law Review
We are not yet at the stage when trying to say something new about the well-known Hart-Devlin debate is like attempting to give a novel take on the Old Testament, or on William Shakespeare’s plays—or life for that matter—or even on the music of The Beatles. But then again those analogies are not wholly misplaced, at least not within legal philosophical circles in the common law world. So I was tempted to try my hand at some other topic falling under the aegis of “legal moralism” and leave Professor Hart and Lord Justice Devlin well enough alone. However, for good …