California Western School of Law

Rice, Thomas H. (Speedy)

English

United States v. Varig: Can King Only Do Little Wrongs?

Law Review, California Western

California Western Law Review 
Volume 21 Number 3 Article 8 
1985 
Book Reviews 
California Western Law Review 
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Recommended Citation 
Law Review, California Western (1985) "Book Reviews," California Western Law Review: Vol. 21 : No. 3 , 
Article 8. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol21/iss3/8 
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. 
BOOK REVIEWS
FIGHTING COMPUTER CRIME. By Donn B. Parker. Charles
Scribner & Sons: New York, New York. 1983. Pp. 352. $17.95.
Reviewed by Patricia A. Meyer*
Since the beginning of time, the creation and recognition of new
rights have resulted in a struggle for control and protection of those
rights. The most recent unveiling of a new right, and the resulting
conflicts, is that of high technology's growing child: the computer
industry. As illustrated in Donn B. Parker's Fighting Computer
Crime, the increasing dependence on computers by all aspects of
business, industry and society has created a new realm for interfer-
ence with, and crimes against, currently recognized rights.
Parker's Fighting first sets out to define the crimes and methods
of computer abuse. This background provides a necessary founda-
tion for the rest of the book, namely, the remedies which have been
created and those which the author believes are still needed.
Parker illustrates the roles the computer plays in a "computer
crime" scenario. Its function ranges from the subject/victim of the
crime to the necessary instrumentality for the crimes perpetration.
Similarly, Parker offers a fascinating description of the computer
criminals. Much like other white collar criminals, these malefactors
are generally sophisticated and well-trained in the industry. Their
profiles and apparent demeanor would not lend itself to the societal
image of a criminal. Nonetheless, the dangers posed by these pro-
fessionals are paramount to those presented by the traditional crim-
inal element. As noted by the author, you have to know your
enemies before you can defend against them. Mr. Parker has done a
magnificant job of identifying these individuals.
The author then examines the presence of legal and ethical conse-
quences in computer crime. Thus, the computer criminal's conduct
may be adverse to proprietary rights, as in a fraud case, or an im-
proper invasion of privacy. In sum, the prospective wrongs to be
committed by the computer criminal are as broad as the reach of
the computer into society.
This examination also includes a look at current legislation which
is aimed at computer crimes as well as the role and posture of those
responsible for enforcement of the criminal laws. Parker concludes,
* Associate, Law Offices of Michael J. Aguirre, San Diego, California; B.A., Vil-
lanova University, 1980; J.D., California Western School of Law, 1983.
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614 CALIFORNIA WESTERN LAW REVIEW [Vol. 21
convincingly, that the recognition and prosecution of computer
crimes, as well as tailored legislation, are necessary to provide a
secure place for computer technology. The potential for abuse
ranges from a neighbor destroying your credit rating to terrorists
threatening national security. Considering the omnipresence of
computers in society, it seems well advised to provide protection
against abuse.
The only aspect of Fighting which this reviewer found detracted
from the book was the compilation of data without analysis. To
another expert in the field, the book abounds with information. To
the unsophisticated, however, the result is a host of unanswered
questions. Regardless, many pertinent issues are raised in Fighting,
especially the need to recognize and treat offenders as criminals.
Considering the importance of computers in society, their security
from abuse will remain a valid concern requiring appropriate
attention.
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California Western Law Review, Vol. 21 [1984], No. 3, Art. 8
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ARCHITECTS AND ENGINEERS. By James Acret. Shepard's/Mc-
Graw-Hill: Colorado Springs, Colorado. 1983. Pp. 508. No
price given.
Reviewed by Michael R. McCabe*
The roles of the architect and engineer in modem society cannot
be understated. They are behind the designs which appear in one's
home, school or workplace. Their prolific role is matched commen-
surably by increasing liability as they become a favored defendant
when problems associated with a construction project surface. Ac-
ret's Architects is about those areas in which their liability can arise
and the present status of legal theories in support or defense of a
claim against an architect or engineer.
This book describes the development of common law principles
of liability which have been tailored to fit claims against the archi-
tect or engineer. Thus, one learns of the notions of malpractice and
negligence which have evolved, including the standards of care ap-
plicable and the existence and scope of duties imposed, especially to
third parties.
Architects further provides an analysis of potential liability arising
out of contract, that is, the professional's agreement will set forth
his responsibilities and duties owed to his clients. This may extend
to the ultimate beneficiary under the contract or to the workers for
the contractor executing the plan. Similarly, a cogent examination
of liability arising by statute is provided. This may be under the
licensing statute granting the professional the power to exercise his
livelihood, or those mandates under state building codes and
worker safety regulations.
The liability facing these professionals is also discussed in the
context of their initial estimates for a project. One learns of duties
arising before a project is underway and the continuing potential
liability after construction starts. Also, liability under principles of
warranty law is examined including the applicability of the theory
of strict liability. Finally, the architect and engineer's liability
under agency law is discussed.
Thus far, one would consider Architects to be a book for the
plaintiff's attorney, a handy reference tool to ascertain possible
causes of action against these professionals. Perhaps it is. But it's
professed and real value appears to be as a tool for preventative
* B.A., University of California, Davis, 1982; J.D., in progress, California West-
ern School of Law, 1985.
3
Law Review: Book Reviews
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CALIFORNIA WESTERN LAW REVIEW
consultation or defense of these professionals. It contains equally
exhaustive discussions of defenses and limitations on actions
brought against these specialists. Architects also confronts issues of
indemnity and apportionment of fault which can be presented when
a claim is made.
There is also a good discussion of the role and import of insur-
ance for members of the field. Similarly, the presence and features
of arbitration's relationship to these disputes are presented. Finally,
there is a chapter devoted to available practice techniques involved
in the litigation of various claims which may be made against these
professionals.
It was said above that this book may be more valuable to the
attorney defending or counseling an architect or engineer against
whom a claim is asserted. This is so because the spirit of this book
is to ascertain the present scope of an architect or engineer's liability
and those defenses against it. Architects seeks to define the same,
often critical of developments thus far, and then sets out precau-
tions and considerations to be taken as a guide for future conduct
by members of the respective professions. In sum, it informs these
professionals and their counsel of just what they are up against in a
particular engagement.
A very attractive aspect of this book is its readability. While the
subject matter and state of the law may not be crystal clear, Acret
does a fine job in presenting what does exist in a cogent and inter-
esting manner. Acret mainly does this through a survey of note-
worthy cases which have developed, modified or interpreted a given
architect or engineer liability situation. Rather than making crys-
talline generalizations, Acret chooses to let the reader draw his own
conclusions from the survey of the law presented, although some
editorializing is inescapable.
Architects readability also makes it a worthy book for the archi-
tect and engineer. A juris doctor degree is not required to cull from
this book the information offered. For that reason, it offers these
professionals a valuable tool by which they can educate themselves
of the legal aspects of their chosen field. It further provides the
counselor with a client informed as to the general workings of the
law, which saves the attorney time and the client money. That, in
and of itself, justifies the acquisition of this book by the attorney
and, perhaps more importantly, the architect or engineer.
[Vol. 21
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California Western Law Review, Vol. 21 [1984], No. 3, Art. 8
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Book Reviews

Roy, Therese M.

Solem v. Helm: The Courts\u27 Continued Struggle to Define Cruel and Unusual Punishment

International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 15 WINTER 1985 NUMBER 1
CONTENTS
ARTICLES
Reservations to Multilateral Treaties
on Human Rights
M assim o Coccia ..............................................
In the modem law of treaties, reservations still play an important role in
shaping the international obligations of States. The Vienna Convention regime on
reservations, however, has arguably changed the legal effects of objections and
acceptances to reservations. This, in turn, has lead some scholars to argue that
certain rules which relate to reservations are no longer actionable. This Article
explores and attempts to rectify certain misconceptions regarding the legal role of
reservations and the rules on reservations codified in the Vienna Convention on
the Law of Treaties. The analysis focuses on reservations to human rights trea-
ties, although the conclusions reached may be valid for any multilateral treaty.
The author also relates the discussion to any future United States ratification of
the major human rights treaties.
Legal Implications of a Space-Based
Ballistic Missile Defense
M ilton L. Sm ith ............................................. 52
The space-based ballistic missile defense system (BMD) recently proposed by
President Reagan has engendered considerable controversy for several reasons.
This article focuses primarily on the impact of such a system within the current
framework of international law, although technical, strategic and policy issues are
also addressed. The author examines the compatability of BMD systems with
United States and Soviet obligations under the two most relevant agreements: the
ABM Treaty and the Outer Space Treaty. The applicability of the ABM Treaty
to new technologies and the limitations it imposes on research, development and
deployment of a space-based ABM system are studied. The problems of recon-
ciling dual use technology and formulating a workable definition for the term
"space-based" are also considered. Additionally, the pertinent provisions of the
Outer Space Treaty are analyzed as they apply to BMD systems.
COMMENTS
The War Powers Resolution of 1973:
National Legislation as International Law
Thomas Langdon Bell ...................................... 77
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International Law Journal: Table of Contents
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International Trade in Wildlife: How Effective
is the Endangered Species Treaty?
Alan H . Schonfeld ........................................... 111
Limited Armed Conflict Causing Physical Damage
to Neutral Countries: Questions of Liability
R ichard L. W einer ........................................... 161
BOOK REVIEW
Investment and Taxation in the People's
Republic of China
by Eugene Jehle
Frankie Leung ............................................... 192
BOOK S IN BRIEF ............................................ 195
BOOKS RECEIVED .......................................... 199
2
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Weiner, Richard L.

Limited Armed Conflict Causing Physical Damage to Neutral Countries: Questions of Liability

California Western Law Review 
Volume 22 Number 1 Article 1 
1985 
Table of Contents 
California Western Law Review 
Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr 
Recommended Citation 
Law Review, California Western (1985) "Table of Contents," California Western Law Review: Vol. 22 : No. 1 
, Article 1. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol22/iss1/1 
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. 
CALIFORNIA WESTERN LAW REVIEW
VOLUME 22 FALL 1985 NUMBER 1
CONTENTS
ARTICLES
The Medical Care Recovery Act-Time for
a Checkup ............................... David L. Abney 1
The Class Action, the Federal Court and
the Upper Class: Is Notice, and its
Consequent Cost, Really Necessary? ..... William Weiner 31
COMMENTS
Timesharing Property; Assessment for
Ad Valorem Tax: "Time" is of the
Essence .............................. Michael J. Burke 104
"New" Rights for Handicapped Newborns:
Baby Doe and Beyond ............... Charles A. Phillips 127
NOTES
Educating Sony: Requiem for a
"Fair Use" . ......................... Vincent F. Aiello 159
United States v. Varig:
Can the King Only Do
Little Wrongs? ... . . . . . . . . . . . . Thomas H. (Speedy) Rice 175
BOOKS IN BRIEF ........................................... 200
BOOKS RECEIVED ......................................... 205
1
Law Review: Table of Contents
Published by CWSL Scholarly Commons, 1985


Aiello, Vincent F.

Educating Sony: Requiem for a  Fair Use

Friend, Randall Jon

Friend, Susan Ballard

Civil RICO: The Resolution of the Racketeering Enterprise Injury Requirement

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 15 SPRING 1985 NUMBER 2
CONTENTS
ARTICLES
United States Foreign Relations Law
After Chadha
Michla Pomerance ...................................... 201
Among the statutory provisions which became presumptively invalid with
the Supreme Court's Chadha (legislative veto) decision of June 23, 1983, were
veto provisions in such important foreign policy areas as war powers, arms ex-
ports, nuclear non-proliferation, foreign trade, foreign assistance and national
emergencies. Although these vetoes were never used, the threat of their use was
widely viewed as an important congressional weapon. This article traces the de-
velopment of, and the constitutional controversy surrounding the legislative veto;
examines the Chadha decision; reviews the plethora of relevant foreign policy
legislative veto provisions; surveys the history of the non-use of foreign policy
legislative vetoes - most prominently the cases of "near-use" with respect to
Middle East arms sales and nuclear exports to India; analyzes the "severability"
problem using the three-pronged test suggested by the court in Chadha; and ex-
plores possible future alternatives to the legislative veto. The author concludes
that since the concerns which prompted foreign policy legislative vetoes persist,
Congress may ultimately adopt statutory replacements for those vetoes, especially
in the area of arms exports. However, in the interim, greater emphasis will proba-
bly be placed on informal non-statutory controls, consultations and understand-
ings.
United States Jurisdictional Considerations
in International Criminal Law
Bruce Zagaris
Jay R osenthal ................................................ 303
The United States has followed the trend of extending extraterritorial juris-
diction over international criminal matters. Evidence of this broader assertion of
jurisdiction is provided by the recent extension of controls on technology exported
to the Soviet Union, increased United States interdiction of foreign vessels on the
high seas and the increased number of enforcement actions brought by the S.E.C.
against foreign corporations. As a result of this trend, individuals and institutions
are increasingly caught in situations where they are forced to violate either United
States or foreign law. These conflicting assertions of jurisdiction have led to, inter
alia, "blocking" legislation by foreign governments. In order to alleviate these
jurisdictional conflicts, the authors suggest various mechanisms with which to re-
duce tensions and limit the inevitable conflicts which arise from the concurrent
assertion of criminal jurisdiction.
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Myths, Mercenaries and Contemporary
International Law
Jam es L. Taulbee ............................................ 339
Mercenaries have played an important role in warfare throughout most of
Western history. Their strategic usefulness, however, has been accompanied by
mistrust and fear due to the lack of control over their activities. Out of this fear
have come attempts to control the use of mercenaries by States. Initial problems
in this area concern the general paucity of modern legal analysis on the subject,
and the fact that work which does exist does not concern the key issue of formu-
lating a legal definition of "mercenary." The author surveys past attempts to con-
trol the use of mercenaries and modern efforts to define the term in order to
discern the environment for current and future possibilities of developing State
responsibility for their actions. The author concludes that these endeavors may be
missing the root problems of mercenary use and may work only to the detriment
of the States involved.
COMMENTS
Introducing Competition to the European
Economic Community Airline Industry
Leah Elizabeth Clifton ........................................ 364
International Bountyhunting: A Question
of State Responsibility
Perry John Seaman .......................................... 397
BOOK REVIEW
The International Law of Pollution: Protecting the
Global Environment in a World of Sovereign States
by Allen L. Springer
Forest L. Grieves ............................................. 418
BOOKS IN BRIEF ............................................ 423
BOOKS RECEIVED .......................................... 427
2
California Western International Law Journal, Vol. 15, No. 2 [1985], Art. 7
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CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 14 SPRING 1984 NUMBER 2
CONTENTS
ARTICLES
Marine Pollution and Hydrocarbons:
The Goal of Minimizing Damage to
the Marine Environment
John Warren Kindt ............................................ 233
Pollution of the world's oceans is more serious than might commonly be
expected. Statistics on various types of oil pollution, for example, read in terms
of millions of tons per annum. This article concentrates on the scope of the
marine pollution problem, focusing on three categories of pollutants: (1) hydro-
carbons (especially oil and liquified natural gas), (2) organicides and organic
poisons, and (3) plastics. These pollutants are analyzed in terms of their origin
and effect on the marine environment. The discussion covers the provisions of
international law which determine such factors as State responsibility for con-
trol of particular pollution sources. Proposals are made for improving the inter-
national legal regime regarding pollution where change is deemed necessary.
Special attention is given to the Convention on the Law of the Sea, which was
negotiated at the Third UN Conference on the Law of the Sea. The author
contends that the Convention is an important beginning in the effort to avoid
the potentially devastating effects of marine pollution.
Antisatellite Weapons and the Question
of Negotiated Arms Limitations
C L . Fern ..................................................... 289
With the United States, the Soviet Union, and several other nations pos-
sessing space assets of great value, the development of antisatellite weapons
(ASATs) is of major concern in the world today. This article explores the legal-
ity under current international law of presently operational ASATs, as well as
the variety of space weapons under development and scheduled for deployment
in the immediate future. The relevant treaties, agreements, UN and Congres-
sional resolutions applicable to ASATs are reviewed and analyzed. The views
of major scholars in the field will also be discussed, with an emphasis on formu-
lating further positive law to limit the proliferation of these weapons.
1
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COMMENTS
United States-China Relations: Has President
Reagan's Communique Revised International
Obligations Towards Taiwan?
John E W oijnger ............................................. 326
International Law and Criminal Jurisdiction
Over Visiting Armed Forces: Reconciling
the Concurrent Jurisdiction Discontinuity
Larry E Renner ............................................... 351
BOOK REVIEW
Justice and Troubled Children Around the World
Edited by V. Lorne Stewart
Richard L. Jenkins, M .D ...................................... 382
BOOKS IN BRIEF ............................................. 388
BOOKS RECEIVED ............................................ 392
2
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United States v. Varig: Can King Only Do Little Wrongs?

Book Reviews

Solem v. Helm: The Courts\u27 Continued Struggle to Define Cruel and Unusual Punishment

Table of Contents

Limited Armed Conflict Causing Physical Damage to Neutral Countries: Questions of Liability

Table of Contents

Educating Sony: Requiem for a Fair Use

Civil RICO: The Resolution of the Racketeering Enterprise Injury Requirement

Table of Contents

Table of Contents

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