Contemporary Legal Issues 2004
Constitutional Law
First Amendment Jurisprudence and Religion

Tape Date: February 18, 2004
Format: Panel Discussion
Host: Professor Angelo J. Corpora
Guest:  Guylyn R. Cummins, Attorney-at-Law, Partner, Gray Carry, Dale Kelly Bankhead, Public Affairs Director, ACLU of San Diego and Imperial Counties.

For Discussion: 

  1. Introductions of guest and subject. 
  2. What is the background and history of the 1st Amendment? Jefferson’s “Wall of separation” Religion as a fundamental right. What is the establishment clause?
  3. What is the “Lemon Test”? How does the court balance the state’s interest? How do we balance these competing interests and best protect the First Amendment? What is the balancing test used in 1st amendment jurisprudence?
  4. Discuss some recent court challenges, i.e. the Girl Scout’s, and the Mt Soledad cases. Why is the “Ten Commandments” removal from the Alabama Supreme Court important?
  5. (Preface background and history of Pledge) Are the words “under God” repugnant to the 1st Amendment? Is the “Pledge” advancing religion?
  6. Closing remarks.



 

Contemporary Legal Issues
Immigration Law
The Consequences of Illegal Immigration

Tape Date: March 3, 2004
Format: Panel Discussion
Host: Professor Angelo J. Corpora
Guest:  Samuel W. Bettwy, Attorney at Law, and Kathrin S. Mautino, Attorney at Law, partnerMautino and Mautino

For Discussion: 

  1. Introductions of guest and subject. ( Quote by President Bush, 1/7/04)
  2. What is the background and history of illegal immigration? (Economic, political, legal issues, absences of a clear policy) ( A proposed Legislative Scheme to Solve the Mexican Immigration Problem, Bettwy, San Diego International Law Journal, USD, School of Law) (Insert cover)
  3. What is President Bush’s immigration plan? How will it work? What is the projected cost? Who pays, the states, or the Federal Government?
  4. What might be the impact on California of this new immigration policy? Should the state go forward with drivers’ licenses for undocumented workers? Fiscal impact on schools, hospitals etc.
  5. How would the new immigration policy impact undocumented workers already in the U.S.? A critical  collateral issue is how to deal with illegal aliens who already have deportation orders or warrants for their arrest. The “Clear Act”. ( Insert: California Police Chiefs Association, quote )
  6. Closing remarks.



 

Contemporary Legal Issues
Labor Relations Law
The Strike and other Weapons of Bargaining
 

Tape Date: March 9, 2004
Format: Panel Discussion
Host: Professor Angelo J. Corpora
Guest:  Robert Levin, J.D., L.L.M., Senior Counsel for Science Applications International Corporation, and Marshall Babson, Attorney at Law, partner, Jones Day, Washington, D. C. 

For Discussion: 

  1. Introductions of guest and subject.
  2. What is the background/history of the labor movement in the U.S.? What is the percentage of workers today working under a collective bargaining agreement?
  3. Can you describe the recent strike/lock out, involving the United Food and Commercial Workers Union and the major retail grocery stores?
  4. What are some of the collective bargaining issues? Why is a strike used to further negotiations? Lock out? Other economic weapons?  What is the relative cost? (Insert Union Tribune) (Lost 2 Billion $ in sales, etc.).
  5. What were the goals of the grocery chains? According to Wall Street, most of the goals were achieved. What were the union goals? (Insert Merrill Lynch) Is there a winner?
  6. In the aftermath of this strike, what is next?  (Chicago etc)
  7. Closing remarks.

 

Contemporary Legal Issues
Intellectual Property
Copyrights and all that Jazz!
 

Tape Date: March 9, 2004
Format: Panel Discussion
Host: Professor Angelo J. Corpora
Guest:  Mike Lachuk, Senior Counsel for Science Applications International Corporation, and Matthew D. Murphey, Attorney at Law, partner, Murphey & Murphey 

For Discussion: 

  1. Introductions of guest and subject. 
  2. What is the background/history of copyright law? What are the various rights and limitations relevant to copyrighted materials? (The U. S. Constitution, the Copyright Act of 1976) (To encourage creativity)
  3. ( Insert video clip) We have a clip of students discussing downloading music with a Contemporary Legal Issues producer. Let see what a typical college student thinks about downloading music.
  4. What are the limitations on downloading over the internet? What has precipitated the government’s recent indictments? ( Webcasting and downloading music ) What is the significance of downloading copyrighted music?
  5. What are the rights of record companies and performers? Is there a “fair use” exception? Are there any exceptions?
  6. What are some cutting edge new issues for copyright protection? (The internet, etc)
  7. Closing remarks.


 

Contemporary Legal Issues
Constitutional Law
Brown v.
The Board of Education 

Tape Date:  March 31, 2004
Format:  Panel Discussion
Host: Professor Angelo J. Corpora
Guest:  Prof. Peter Irons, P. HD., University of California, San Diego, and Prof. Larry Alexander, JD, University of San Diego, School of Law

For Discussion: 

  1. Introductions of guest and subject.
  2. What was the journey by the Court, in deciding Brown?  (The Civil Rights Cases and Plessy v. Ferguson.)  What is the separate but equal doctrine?
  3.  What is the Equal Protection Clause? What was the role of the 14th Amendment in deciding Brown? (protection of civil rights, etc)
  4. The Brown Decision. May 17,1954 brings an end to De jure segregation. Chief Justice Warren declares the end of the “separate but equal doctrine.”
  5. How was Brown implemented? What was the formula for ending segregation? (“all deliberate speed”) President Eisenhower intervenes with Federal troops. Why was busing controversial? What role did the federal courts play?
  6. Closing remarks. 

“Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of Civil Rights, all are equal before the law”

 Justice John M. Harlan (The Elder)
Dissenting in Plessy v.Ferguson ((1896)

 

Contemporary Legal Issues
Criminal Law
A Cold Case

 

Tape Date:  March 31, 2004
Format:  Panel Discussion
Host: Professor Angelo J. Corpora
Guest:  Det. Victor Coloca, San Diego Sheriff’s Department, and Tom Gattegno, Investigator, Office of the District Attorney, and Jon Oliphant, Deputy District Attorney, Gang Prosecution Unit. 

For Discussion: 

  1. Introductions of guest and subject. (insert graphic)
  2. The Investigation: What is the back ground and history of this case. Who were the victims? ( Gertrudiz Villa and Yolanda Silva picture) Victor,  please describe the circumstances relating to these murders, time, place, etc.
  3.  Who is Federico Gonzalez? (picture) Can you describe the process that lead to the arrest of the defendant?
  4. The Trial:   Jon, can you describe the challenges of prosecuting a 20 year old murder? (Insert charge slide) What role did scientific evidence play in the conviction of Gonzalez?
  5. Closure for Family:   How important was it to bring closure for the families of the victims? The police? The Prosecutor? Society?
  6. Closing remarks. 

(Technology is helping in solving many cold cases today. What new technologies will be available in the future that will allow for additional resolution of cold cases. What will 2030 look like?)

 

Contemporary Legal Issues
Judicial Panel Discussion
The “New” Superior Court

Tape Date:  April 7, 2004
Format:  Panel Discussion
Host: Professor Angelo J. Corpora
Guest:  The Honorable John S. Einhorn, Presiding Judge, San Diego Superior Court, The Honorable Marguerite L. Wagner, Judge Of The Superior Court, and The Honorable Lisa Guy-Schall, Judge Of The Superior Court. 

For Discussion: 

  1. Introductions of guest and subject. What is the journey in becoming a Presiding Judge, Trial Judge, etc?
  2. Can you briefly describe the background and history of the unification of the courts? In the aftermath of unification, have the perceived benefits of a unified court system materialized?  Judge’s Wagner/Guy-Schall, How has unification impacted your individual courts?
  3.  What is the current structure of the court? Administrative burden? Budget, etc.? What has been the fiscal impact on the court due to the State’s current budget crisis?
  4. What are the problem areas in the aftermath of unification? Jurisdictional issues?  Courts of limited jurisdiction, etc? How has unification impacted Trial department, IC, etc?
  5. As Presiding Judge, what are your goals, priorities?  What might we expect for the future of the court?
  6. Final comments by panel, and closing remarks.


 

Contemporary Legal Issues
Domestic Law
Same Sex Marriages

Tape Date:  April 14, 2004
Format:  Panel Discussion
Host: Professor Angelo J. Corpora
Guest:  Most Reverend, Salvatore J. Cordileone, Auxiliary  Bishop of San Diego, The Honorable Victor Ramirez, Judge of the Superior Court, (Ret), Jenny Flynn, Financial Planner, and member of the Board of Directors, Lesbian, Gay, Bisexual, Transgender Community Center

For Discussion

  1. Introductions of guest and subject. (insert : “ Marriage is a sacred institution between a man and a women,” President Bush) 
  2. What is Marriage? What is the back ground and history of Marriage, i.e. Legal definition, Religious, etc? Will a change in the definition of marriage, a 4000 year old tradition, bring a catastrophic change to the family, society? (So goes the family, so goes society) Should this issue be resolved by a Constitutional amendment?
  3.  Why is the issue of Marriage important to the gay community? What percentage of American society is gay?  How much support is there for gay marriages, unions, and partnerships? A poll conducted after the Massachusetts decision indicates a strong backlash against same sex marriages.
  4. What is a civil union?   If all of the benefits of marriage were available through a civil union or domestic partnership law, would that be sufficient in addressing the needs of the gay community? Equal protection under the law, equal marriage rights.
  5. What would be the impact on organized religion if same sex marriages are universally recognized?   What is the moral imperative? What role should religion play in shaping the issues and debate?
  6. Closing remarks.