California Western School of Law

International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 25 1994-1995 NUMBER 1
TABLE OF CONTENTS
ARTICLES
NAFTA, the Chiapas Rebellion, and the Emergence of Mexican Ethnic Law
Jorge A. Vargas ...................................... 1
"Republics of the Reefs:" Nation-Building on the Continental
Shelf and in the World's Oceans
Samuel Pyeatt Menefee ................................. 81
The Unproposed Solution to Chapter 11 Reform: Assessing
Management Responsibility for Business Failures
Anne M. Burr ....................................... 113
COMMENTS
International Protection of Intellectual Property
Rights in the 1990s: Will Trade Barriers and Pirating
Practices in the Audiovisual Industry Continue?
Meredith A. Harper ................................... 153
Extradition, Human Rights, and the Death Penalty: When Nations
Must Refuse to Extradite a Person Charged With a Capital Crime
Craig R. Roecks .................................... 189
BOOKS RECEIVED .................................... 235
Cite as 25 Cal. W. Int'l L.J. (1995)
01995 California Western School of Law
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1994
Lawrence D. Lee, B.A., J.D., LL.M., Professor of Law
William C. Lynch, A.B., LL.B., LL.M., Professor of Law
F. Philip Manns, Jr., B.S., J.D., Associate Professor
Elisabeth McDonald, B.A., LL.B., LL.M., Distinguished Visiting Professor, New Zealand Faculty
Exchange
Glenn S. McRoberts, B.A., J.D., Lecturer in Law
Robert G. Meiners, A.B., LL.B., LL.M., Professor of Law
Cary W. Miller, B.S., J.D., Lecturer in Law
Irwin D. Miller, B.B.A., J.D., Associate Professor
John M. Morris, B.A., J.D., Lecturer in Law
Linda H. Morton, A.B., J.D., Associate Professor, Associate Director of Clinical Program
John E. Noyes, B.A., J.D., Professor of Law, Director of International Legal Studies Program
Maria E. N~fiez, B.S., J.D., Lecturer in Law
Laura M. Padilla, B.A., J.D., Associate Professor
Gregg F. Relyea, J.D., Lecturer in Law
Hon. Bernard E. Revak, B.A., J.D., Lecturer in Law
Stephen R. Robinson, B.A., J.D., Lecturer in Law
Katharine Rosenberry, B.S., M.Ed., J.D., Professor of Law
Leslie B. Sandor, B.A., J.D., Legal Writing Professor
Gloria L. Sandrino, B.A., J.D., Associate Professor
Marc S. Schechter, B.A., J.D., Lecturer in Law
Jeffrey B. Schneider, A.B., J.D., Lecturer in Law
Dennis L. Sharp, B.A., J.D., Lecturer in Law
Jacquelyn H. Slotkin, B.A., Ph.D., J.D., Legal Writing Professor, Co-Director of Legal Skills Program
Glenn C. Smith, B.A., J.D., LL.M., Professor of Law
James A. Spencer, B.B.A., J.D., Lecturer in Law
Jan Stiglitz, B.A., J.D., LL.M., Professor of Law
Hon. William L. Todd, B.A., LL.B., Lecturer in Law
Konrad L. Trope, B.A., J.D., Lecturer in Law
Winkfield F. Twyman, Jr., B.A., J.D., Associate Professor
Francisco X. Valdes, B.A., J.D., Associate Professor
Lilia S. Velasquez, J.D., Lecturer in Law
Harriet A. Waanders, J.D., Lecturer in Law
Janet M. Weinstein, B.A., J.D., Professor of Law, Director of Clinical Program
Mark I. Weinstein, B.A., J.D., Associate Professor
Daniel B. Yeager, B.A., J.D., LL.M., Associate Professor
Jolie L. Cartier, B.S., Director of Facilities Management
Lenore L. Fraga, B.B.A., C.P.A., Chief Financial Officer
Mary E. Garcia, B.A., M.L.S., Associate Director of Law Library
Crystal L. Hengel, Executive Director of Booknart & Graduation
Lisa C. Kellogg, B.A., J.D., Director of Career Services
Karen Miller, B.S. ADA Administrator
Mary Lou Mitchell, B.A., Executive Director of Computer Services
Sandra E. Murray, Director of Faculty Support Services
Kyle C. Poston, Executive Director of Financial Aid
G. Diane Shragg, Registrar
2
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English

Levesque, Roger J.R.

International Children\u27s Rights Grow Up: Implications for American Jurisprudence and Domestic Policy

Ellencrig, Holly A.

Expanding Personal Jurisdiction Over Foreign Defendants: A Response to Omni Capital International v. Rudolf Wolff & Co.

Lynch, William C.

California Western Law Review 
Volume 31 Number 1 Article 2 
1994 
In Memoriam: W. Penn Lerblance 
William C. Lynch 
Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr 
Recommended Citation 
Lynch, William C. (1994) "In Memoriam: W. Penn Lerblance," California Western Law Review: Vol. 31 : No. 
1 , Article 2. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol31/iss1/2 
This Prefatory Matter is brought to you for free and open access by CWSL Scholarly Commons. It has been 
accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For 
more information, please contact alm@cwsl.edu. 
In Memoriam
W. PENN LERBLANCE
(1942-1993)
William C. Lynch*
In the life of every institution there are usually a few individuals who
help to shape the character of the institution in an exceptional way and leave
an indelible mark upon its history. In the history of California Western
School of Law, Professor Penn Lerblance was one of those individuals. He
was at the center of the life of the law school from the time of his arrival
from Oklahoma in August, 1978 until his retirement because of AIDS in
December, 1992. He died on September 18, 1993.
A review of his educational, professional, and career achievements does
not come close to capturing the personality and the character of the man.
While his distinguished publication record, his master of laws degree from
Columbia, his teaching prowess, and his outstanding administrative abilities
all speak to a singularly talented person, none of this truly reveals what Penn
was to California Western. He was in a very real sense almost the soul of
the school.
Prior to his arrival, the school had been through a difficult transitional
period in which the school, faculty and staff had undergone a major
reorganization. The effects of the reorganization were still being felt when
he arrived. He instinctively recognized that California Western at that time,
perhaps more than anything, needed a structure, a discipline and a sense of
its own worth as a professional institution. A year after his arrival, he was
appointed Vice Dean for Academic Affairs; if ever there was a case of the
right man for the right job at the right time, his appointment fit that
definition.
Penn provided the institutional framework on which the school operates
successfully today, providing students and faculty alike with a sense of
professionalism and efficiency. At the same time he was instituting his
administrative reforms, he established his reputation as one of the premier
teachers at the school. Perhaps the most accurate means of assessing his skill
as a teacher is to repeat the comments of a student who was asked by a
visiting professor who was the best teacher at California Western. The
student replied, "Professor Lerblance, because he was not only the greatest
teacher I've ever encountered; he not only taught me how to think about the
law; he not only changed my way of thinking about the rational process; he
changed my way of thinking about life." No professor could ask for a finer
endorsement of his skill at our calling. And it is an endorsement that has
Professor, California Western School of Law.
1
Lynch: In Memoriam: W. Penn Lerblance
Published by CWSL Scholarly Commons, 1994
been echoed by his colleagues on the faculty and by those on the staff of
California Western who were fortunate enough to have served with him.
A wife of one of the faculty members, after having known Penn for a
number of years, said that she thought that what made him stand out from
the rest of the faculty was not his admittedly superior teaching skill or his
intellect or his knowledge of the law, but that he was a principled, high-
minded exemplar of what we all strive to be. In short, she said, more than
the rest of us, Penn Lerblance was the quintessential gentleman. It is this
gentleman that we at California Western miss sorely.
Katharine Rosenberry*
Many of us knew Professor Lerblance as a wonderful friend, a
compassionate human being and the consummate professional. It was not
until after his death, however, that we discovered the scope of his activities.
As an undergraduate at Oklahoma City University he was speaker of the
University Student Senate, president of Lambda Chi Alpha Fraternity, state
president of the Methodist Student Movement and a member of the Blue Key
Honor Society. During this period he was also an instructor in U.S. History
and Government. For his activities he received both a Broadhurst and
Scottish Rite Fellowship.
In 1966 he received a J.D. from the University of Oklahoma College of
Law. He continued with his education and received an LL.M. from
Columbia University where he was a Kruelwitch Fellow.
Upon graduation from law- school he was Assistant Attorney General for
the State of Oklahoma and then became a Referee for the Court of Criminal
Appeals for the state. As referee he wrote over fifty published decisions for
the court in addition to the Oklahoma Post-Conviction Procedure Act.
In 1978 he came to California Western School of Law where he served
as both professor and associate dean. While he was a professor he wrote
twelve law review articles dealing predominately with criminal law and
health related legal issues. In addition, he wrote the San Diego County
AIDS\HIV Anti-Discrimination Ordinance.
Professor Lerblance was also active in the San Diego community. He
served as chair of the county's Regional Task Force on AIDS, on the
Metropolitan Advisory Group on Federal Grants, on the United Way
Legislative Advisory Committee, on the Volunteers in Parole and AIDS Law
and Policy committees of the San Diego County Bar Association and as a
hearing officer for the San Diego city schools. He was also a member of the
"Professor, California Western School of Law.
2
California Western Law Review, Vol. 31 [1994], No. 1, Art. 2
https://scholarlycommons.law.cwsl.edu/cwlr/vol31/iss1/2
American Bar Association's sections on Health Law, Individual Rights and
Responsibilities, Legal Education, and Criminal Law, the American
Judicature Society, the American Society of Law and Medicine, the National
Health Lawyers Association, the American Association of Law Schools'
Health Law Teachers Section and the Society of American Law Teachers.
Because of his expertise and his ability to captivate an audience, many
organizations within the community wanted Professor Lerblance to be a
speaker at their programs. He spoke to such diverse organizations as the San
Diego Health Information Association, the San Diego County government,
the Conference for High School Teachers, San Diego State University, the
American Society of Public Administrators, the National Institute of Justice,
the San Diego County Medical Society, the Elementary School Principals
Conference, the American Cancer Society, the County Bar Association and
numerous other organizations.
Penn Lerblance's death was not a only personal loss to many of us in the
law school community, but also a loss to the San Diego community. We
miss him very much.
3
Lynch: In Memoriam: W. Penn Lerblance
Published by CWSL Scholarly Commons, 1994
W. Penn Lerblance
4
California Western Law Review, Vol. 31 [1994], No. 1, Art. 2
https://scholarlycommons.law.cwsl.edu/cwlr/vol31/iss1/2


In Memoriam: W. Penn Lerblance

Kramer, Karen M.

Mayerson, Arlene B.

Obesity Discrimination in the Workplace: Protection Through a Perceived Disability Claim Under the Rehabilitation Act and the Americans with Disabilities Act

Harrington, Paula L.

The Duty to Defend in California After Montrose Chemical Corporation v. Superior Court: Is the California Supreme Court Protecting Policyholders or Encouraging Litigation and the Early Settlement of Unworthy Claims?

Vargas, Jorge A.

NAFTA, the Chiapas Rebellion, and the Emergence of Mexican Ethnic Law

Menefee, Samuel Pyeatt

Republics of the Reefs:  Nation-Building on the Continental Shelf and in the World\u27s Oceans

School of Law Library, California Western

BOOKS RECEIVED
CHINESE FOREIGN INVESTMENT LAWS AND POLICIES: EVOLUTION AND
TRANSFORMATION. By Wei Jia. Westport, Connecticut: Greenwood
Publishing Group, Quorum Books, 1994. Hardcover. 216 pages. $55.00.
LABOUR AND LIBERALISM IN NINETEENTH CENTURY EUROPE: ESSAYS IN
COMPARATIVE HISTORY. By John Breuilly. Manchester University Press:
distributed by St. Martin's Press, 1994. Paperback. $24.95.
CHOICE OF LAW IN INTERNATIONAL COMMERCIAL ARBITRATION. By Okezie
Chukwumerije. Westport Connecticut: Greenwood Publishing Group,
Quorum Books, 1994. Hardcover. 240 pages. $65.00
GLOBAL SURVIVAL: SECURITY THROUGH THE SECURITY COUNCIL. By
Benjamin B. Ferencz. Dobbs Ferry, New York: Oceana, 1994. Cloth.
450+ pages. $45.00.
235
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School of Law Library: Books Received
Published by CWSL Scholarly Commons, 1994
2California Western International Law Journal, Vol. 25, No. 1 [1994], Art. 7
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Books Received

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 24 1993-1994 NUMBER 2
TABLE OF CONTENTS
ARTICLES
Allocation of Controlled Intangible Income Under the
I.R.C. § 936 Credit: Effects of Recent Transfer-Pricing
Regulations and the Omnibus Budget Reconciliation Act of 1993
Raymond Wacker and Allan Karnes ......................... 159
International Children's Rights Grow Up: Implications for American
Jurisprudence and Domestic Policy
Roger J.R. Levesque ................................... 193
Gender Bias in Drafting International Discrimination Conventions:
The 1979 Women's Convention Compared with the 1965 Racial Convention
Laura A. Donner ..................................... 241
ESSAY
Bilateral Treaties on the Reciprocal Protection
of Foreign Investment
Jose Luis Siqueiros .................................. 255
COMMENTS
Diamonds are Forever? Implications of United States Antitrust
Statutes on International Trade and the DeBeers Diamond Cartel
Dale J. M ontpelier .................................. 277
The Empowerment of the Crime Victim: A Comparative Study of Victim
Compensation Schemes in the United States and Australia
Maxine D. Kersh ..................................... 345
Expanding Personal Jurisdiction Over Foreign Defendants: A Response to
Omni Capital International v. Rudolf Wolff & Co.
Holly A. Ellencrig .................................. 363
BooKs RECEIVED .................................... 383
Cite as 24 Cal. W. Int'l L.J. _ (1994)
01994 California Western School of Law
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1994
F. PHILIP MANNS, JR., B.S., J.D., Associate Professor
SCOTT S. MARKUS, B.A., J.D., Lecturer in Law
ROBERT G. MEINERS, A.B., LL.B., LL.M., Professor of Law
CARY W. MILLER, B.S., J.D., Lecturer in Law
IRWIN D. MILLER, B.B.A., J.D., Associate Professor
JOHN M. MORRIS, B.A., J.D., Lecturer in Law
LINDA H. MORTON, A.B., J.D., Associate Professor, Associate Director of Clinical Program
RONDA G. NORRIS, J.D., Lecturer in Law
JOHN E. NOYES, B.A., J.D., Professor of Law, Director of International Legal Studies Program
MARIA E. NUNEZ, J.D., Lecturer in Law
LAURA M. PADILLA, B.A., J.D., Associate Professor
HON. BERNARD E. REVAK, B.A., J.D., Lecturer in Law
J. MICHAEL ROAKE, A.B., LL.M., J.D., Lecturer in Law
KATHARINE ROSENBERRY, B.S., M.ED., J.D., Professor of Law
LESLIE B. SANDOR, B.A., J.D., Legal Writing Instructor
GLORIA L. SANDRINO, B.A., J.D., Associate Professor
JEFFREY B. SCHNEIDER, A.B., J.D., Lecturer in Law
DENNIS L. SHARP, B.A., J.D., Lecturer in Law
JANE L. SIEGEL, B.A., J.D., LL.M., Lecturer in Law
JACQUELYN H. SLOTKIN, B.A., PH.D., J.D., Legal Writing Professor
GLENN C. SMITH, B.A., J.D., LL.M., Professor of Law
JAMES A. SPENCER, B.B.A., J.D., Lecturer in Law
JAN STIGLITZ, B.A., J.D., LL.M., Professor of Law
HON. WILLIAM L. TODD, B.A., LL.B., Lecturer in Law
WINKFIELD F. TWYMAN, JR., B.A., J.D., Associate Professor
FRANCISCO X. VALDES, B.A., J.D., Associate Professor
LILIA S. VELASQUEZ, J.D., Lecturer in Law
HARRIET A. WAANDERS, J.D., Lecturer in Law
JANET M. WEINSTEIN, B.A., J.D., Professor of Law, Director of Clinical Program
MARK I. WEINSTEIN, B.A., J.D., Associate Professor
DANIEL B. YEAGER, B.A., J.D., LL.M., Associate Professor
HON. RAYMOND F. ZVETINA, A.B., LL.B., Lecturer in Law
JOLIE L. CARTIER, B.S., Director of Facilities Management
MARTHA EHRINGER, B.A., Director of Public Relations
LENORE L. FRAGA, B.B.A., C.P.A., Chief Financial Officer
LISA C. KELLOGG, B.A., J.D., Director of Career Services
KYLE C. POSTON, Executive Director of Financial Aid
DIANE SHRAGG, Registrar
2
California Western International Law Journal, Vol. 24, No. 2 [1994], Art. 1
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