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Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James
Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James
San Diego Law Review
This Article analyzes the renunciation of United States citizenship by the Hebrew Israelite Community, a small obscure religious cult. It examines the legal justification for the Department of State restoring citizenship to those who expatriated themselves. The Department of State recognized that pressure by the Hebrew Israelite Community leadership for its members to renounce their citizenship, whether intense or nominal, whether there were alternatives or not, was ipso facto coercion. The author finds that the Department of State's special policy and procedures to facilitate the restoration of citizenship to the former cult members is a welcome development. The Article examines …
Raven V. Deukmejian: A Modern Guide To The Voter Initiative Process And State Constitutional Independence, Joseph Goldberg
Raven V. Deukmejian: A Modern Guide To The Voter Initiative Process And State Constitutional Independence, Joseph Goldberg
San Diego Law Review
This Casenote examines the decision of Raven v. Deukmejian, decided in 1990 by the California Supreme Court. This decision held that a voters' initiative measure, which purported to vest all judicial interpretive power as to fundamental criminal defense rights, amounted to a revision of the state Constitution. The author discusses the impact and implications of this decision. Namely, the author finds that the decision will have an impact on the way future courts review constitutional challenges to the initiative process. The Casenote also discusses the reaffirmation of the court's position on state constitutional independence. The author concludes that the California …
The Fourth Amendment And The Ins: An Update On Locating The Undocumented And A Discussion On Judicial Avoidance Of Race-Based Investigative Targeting In Constitutional Analysis, Henry G. Watkins
San Diego Law Review
This Article identifies and discusses various legal theories being used to avoid consideration of the fourth amendment in the use of arbitrary law enforcement methods, most notably the targeting of racial minorities as suspects. The Article discusses the concept of consensual encounters: the presumption that most law enforcement contacts are voluntary encounters with the targets of the inquiry freely answering questions or consenting to a search. This approach renders it legally unnecessary to determine whether race played an undue part in the encounter. The Article also examines the point at which a "seizure" occurs, which is often crucial in determining …
Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy
Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy
San Diego Law Review
This Article examines some of the driving forces behind the "immigrant investor" category created by the Immigration Act of 1990. The authors find that the "immigrant investor" provision was motivated by a recognition that foreign investment is both beneficial and necessary to the U.S. economy. They also find that Congress was driven by an awareness that America must resist stiff competition from other countries for the foreign investor dollar. The Article examines the legislative history of the provision, as well as the forces responsible for its creation. The authors conclude that by enacting the investor employment-creation visa provision of the …
Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo
Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo
San Diego Law Review
The notion of coverture is that a wife is subordinate to her husband and under his control. This Article describes the common law doctrine of coverture, and the history and impact of coverture in current immigration law. The Article examines the incorporation of the assumptions of coverture into early immigration laws and the failure of Congress to remove coverture premises from more recent immigration legislation. The impact of the law's perpetuation of coverture, or spouse domination, is described. The Article shows that the immigrants harmed by the spouse domination perpetuated by the law are overwhelmingly women. The author proposes legislative …
"Strike Three Yer Out!?": Examining The Constitutional Limits On The Use Of Prior Uncounseled Dwi Convictions To Impose Mandatory Prison Sentences On Repeat Dwi Offenders, Marty Jaquez
San Diego Law Review
This Comment examines the constitutional implications of using prior uncounseled DWI convictions to incarcerate repeat DWI offenders. The Comment reviews the Supreme Court decisions that established the right to court-appointed counsel for the indigent accused and examines the federal constitutional limitations on the collateral use of prior uncounseled DWI convictions. It also critically evaluates state court decisions involving the collateral use of prior uncounseled DWI convictions. The author concludes that, because an uncounseled conviction is inherently unreliable, it should not be used to mandatorily incarcerate a DWI repeat offender.
Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes
Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes
San Diego Law Review
Who cleans up, when and how, and who pays are critical questions in the cleanup of pollution. Many companies identified by the government as parties responsible for past hazardous waste releases were insured under Comprehensive General Liability policies. In AIU Ins. Co. v. Superior Court, decided in 1990, the California Supreme Court unanimously held that that these Comprehensive General Liability policies cover the cost of complying with cleanup procedures under the Comprehensive Environmental Response, Compensation and Liability Act of 1980. Thus, insurers must pay for the cleanup costs of pollution by the companies they insure. This Casenote examines this decision, …