Volume 5, Issue 1 (1968)
The Adaption of Judicial Procedures to the Arbitral Process
Psychiatric Testimony, Trial Gamesmanship and the Defense of Insanity
Stanley E. Willis, II
De Facto School Segregation and the Law: Focus San Diego
Veronica A. Roeser
Franchise Regulation under the California Corporate Securities Law
Louis C. Novak and Howard Rosten
Antitrust - Plaintiff in Private Antitrust Action Held In Pari Delicto and Therefore Without Standing to Complain of Injuries Sustained by an Agreement to Which He Was a Party and Which Contained Terms Allegedly in Violation of Antitrust Laws. Perma Life Mufflers, Inc. v. International Parts Corp. (7th Cir. 1967).
Jon M. Jenkins
Antitrust - Robinson-Patman Act Not Limited to Cases in Which Prices Undercut Those of Competitor; Supreme Court Interprets Statutory Test as Protecting Competitors as Well as Competition. Utah Pie Co. v. Continental Baking Co. (U.S. 1967).
Mary L. Scott
Attorneys' Fees - Maximum Attorneys’ Fee Allowable for Representation of Disability Claimant under Social Security Act Limited to Twenty-Five Percent of Claimant’s Accrued Benefits; Dependents Accrued Benefits Excluded from Computation of Fee. Hopkins v. Gardner (7th Cir. 1967).
Donald W. Schmidt
Criminal Procedure - Once Substantial Evidence of Defendant’s Present Insanity Appears, Trial Judge Must Order Hearing on That Issue, Notwithstanding Evidence to the Contrary. People v. Pennington (Cal. 1967).
Ronald L. Fein
Federal Income Tax - Operating Loss Carryover Allowed Under Int. Rev. Code of 1954 Where Surviving Business Entity Suffered No Loss; Libson Shop Doctrine Rejected. Frederick Steel Co. v. Commissioner (6th Cir. 1967).
Irwin L. Schroeder
Federal Income Tax - "Tax Home" doctrine affirmed; taxpayer on overseas tour of duty not allowed to deduct cost of meals as an "Away From Home" travel expense. Commissioner v. Stidger (U.S. 1967).
Charles R. Khoury Jr.
Insurance - Insurer liable for excess judgment upon failure to accept reasonable settlement demand in good faith; merits of absolute liability given favorable consideration. Crisci v. Security Insurance Co. (Cal. 1967).
Laureen J. Gray
Malpractice - Voluntary sterilization - Public policy does not render physician immune from liability for child’s upbringing subsequent to unsuccessful sterilization. Custodio v. Bauer (Cal. App. 1967).
Daniel M. Horwick
Torts - Negligencs - Service Station Operator Who Sells Gasoline to Recognizably Intoxicated Motorist Not Liable for Injuries to Third Persons Caused by Motorist. Fuller v. Standard Stations, Inc. (Cal. App. 1967).
Donald R. Worley
Welfare Searches - Lack of Consent Renders Early Morning Mas Welfare Raids Unconstitutional; Conditioning Receipt of Welfare Benefits Upon Giving Consent Held Invalid. Parrish v. Civil Service Comm’n (Cal. 1967).
Richard Peter Sax
Workmen's Compensation - Employee, When Paid a Substantial Travel Allowance, Is Covered by Workmen’s Compensation While Traveling Outside Control of Employer to a Distant Job Site. Zenith National Ins. Co. v. Workmen’s Compensation Appeals Board (Cal. 1967).
John W. Driscoll