San Diego Law Review

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In 1960 Edmundo Aguirre, a citizen of Mexico, applied for an immigrant visa the American Consulate General, Tijuana, Mexico. In connection with his application, he delivered to the appropriate consular officer an affidavit executed by Anatalio T. Viloria in which the latter stated, among other thing, that "I am ready and willing to support the above named [Aguirre] in the United States, and I guarantee that HE will not become a public charge." The visa was issued, and Aguirre was admitted to the United States in August 1960 where he worked as a farm laborer until he contracted tuberculosis and was admitted to a San Diego County hospital on November 6, 1964. Because Aguirre could pay only a small portion of his hospital costs, the county sued Viloria and for the remainder claiming that his affidavit of support legally bound him to pay any outstanding charges on Aguirre’s account. The trial court found that the affidavit was a contract between Viloria and the federal government on which the county could sue as a third-party beneficiary and gave judgment for the county. The California court of appeal reversed on the ground that the evidence did not support the trial court’s conclusion that the affidavit constituted a contract. County of San Diego v. Viloria, 276 Adv. Cal. App. 437, 80 Cal. Rptr. 869 (1969). The time has come to reform our state court application of personal jurisdiction, to conform with the "minimum contacts" and "fair play" standards which the courts claim, but refuse to follow. The California Supreme Court had the opportunity, in Buckeye Boiler v. Superior Court to take that step. The opportunity should have been seized, but it was not. After the slow start 2-302 is emerging as an important aspect of commercial law. The increase in case activity as well as the diversity of potential uses arguably compels a reevaluation of California’s position of 2-302. Thus, the purpose of this note is to reexamine the efficacy of the arguments against the adoption of 2-302 in light of recent judicial interpretations in other jurisdictions and the growing importance of 2-302 in the contemporary commercial setting…Such unrest has also become a major legal problem. In the light of these changes, it is evident that a rational theory of the legal relationship between the student and the university can develop within the context of the university as an instrument of society. In this concept, student-university relationships cease to be the private affairs the university has ling considered them. The university’s responsibility to its students is a responsibility to society.

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