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Full-Text Articles in Law
Alien Rights And Government Authority: An Examination Of The Conflicting Views Of The Ninth Circuit Court Of Appeals And The United States Supreme Court, Sana Loue
San Diego Law Review
This Article examines the conflicting decisions of the Ninth Circuit Court of Appeals for the Ninth Circuit and the United States Supreme Court in the area of immigration and nationality law. The author examines the decisions of both courts, the precedents culminating in these conflicting decisions, and the views of these courts of their proper role in this area of law. The author argues that despite cautioning the Ninth Circuit to refrain from legislating law judicially, the Supreme Court has itself been an activist court that has allocated greater power to the federal government at the expense of individual rights, …
Foreword, Maurice A. Roberts
Foreword, Maurice A. Roberts
San Diego Law Review
The editors and contributors to the San Diego Law Review deserve the sincere gratitude of the growing body of persons, lawyers, and lawmen alike, interested in the latest developments in the dynamic field of immigration and nationality law.
Professional Responsibility In Immigration Practice And Government Service, Robert G. Heiserman, Linda K. Pacun
Professional Responsibility In Immigration Practice And Government Service, Robert G. Heiserman, Linda K. Pacun
San Diego Law Review
This Article examines the various mechanisms for assuring professional responsibility in immigrations practice and related government service. The author discusses the authority of the courts, the Immigration and Naturalization Service, and the states that discipline individual practitioners whose conduct violates ethical standards. The author further examines some of the ethical problems that frequently arise in immigration practice and describes the types of sanctions imposed. The author concludes by detailing the various standards of professional responsibility that regulate the conduct of government employees.
The Proper Role Of Discretion In Political Asylum Determinations, Arthurc. Helton
The Proper Role Of Discretion In Political Asylum Determinations, Arthurc. Helton
San Diego Law Review
This Article examines the limits of discretion in asylum adjudications. The author describes recent administrative and judicial decisions regarding discretion, including the Supreme Court decision in INS v. Stevic. The author continues on to analyze the limits of administrative discretion under the Refugee Act of 1980 and international law, including the Protocol relating to the Status of Refugees and customary international legal principles respecting family reunification. The author concludes that an unprincipled expansion of the role of discretion in asylum cases could threaten the right to apply for asylum in the United States.
Significant Developments In The Immigration Laws Of The United States 1983-1984, Margaret O'B. Scott
Significant Developments In The Immigration Laws Of The United States 1983-1984, Margaret O'B. Scott
San Diego Law Review
This Synopsis outlines significant developments in immigration law from July 1983 through December 1984. The Supreme Court was very active in the area of immigration law during this period. In particular, the Court addressed important issues of asylum, suspension of deportation, and fourth amendment seizures. The lower courts focused on similar fundamental immigration issues that are of mounting concern in the United States. Failure to pass the Simpson-Mazzoli bill reflected congressional discord in the area of immigration reform.
From Mezei To Jean: Toward The Exit Of The Entry Doctrine, Joseph M. Cooper
From Mezei To Jean: Toward The Exit Of The Entry Doctrine, Joseph M. Cooper
San Diego Law Review
This Comment examines the issues of whether non-entrant aliens possess rights under the Fifth Amendment to the Constitution. The author reviews the legal developments surrounding the admission of aliens and analyzes the doctrinal underpinning of the governmental power to exclude aliens. The author then examines the delegation of discretionary power to the executive branch under the Immigration and Naturalization Act and argues that this delegation of power runs afoul of Constitutional limitations. The author examines the recent decision in Jean v. Nelson and analyzes how the court could have reached a more just result. The author concludes that the traditional …
Naturalization Of Filipino War Veterans, David W. Sherman
Naturalization Of Filipino War Veterans, David W. Sherman
San Diego Law Review
This Comment addresses the issues surrounding the naturalization of Filipino war veterans. The author summarizes the historical background of this problem and suggests that, although during World War II Congress expanded naturalization opportunities for thousands of foreign soldiers across the world, the INS purposefully deprived Filipino veterans of the opportunity to apply for American citizenship. The author examines the decisional law to determine the nature and status of the issues involved in the naturalization of Filipino veterans and comments on future issues that might affect the efforts of Filipino veterans to secure the benefits of the wartime naturalization legislation.
The Need For Regulation Of Artificial Insemination By Donor, Richard J. Doren
The Need For Regulation Of Artificial Insemination By Donor, Richard J. Doren
San Diego Law Review
This Comment examines some of the legal issues surrounding the increased use of conception by artificial insemination by donor. The author argues that, while artificial insemination is becoming increasingly significant, it continues to be practiced by doctors without any guidelines for donor selection or a standardized system of record keeping. The author examines the current state of the artificial insemination system and the potential dangers presented by this unregulated system. The author concludes by presenting a model statute for regulating artificial insemination by donor.
The Problem With General Utilites: Are There Solutions, Dennis J. Doucette
The Problem With General Utilites: Are There Solutions, Dennis J. Doucette
San Diego Law Review
This Comment examines the discussion surrounding the General Utilities doctrine, which states, with certain exceptions, that a corporation does not recognize gain upon distribution of appreciated assets. The author examines corporate tax law, and the development of the General Utilities doctrine and the problems associated with its application and usage. The author examines the various arguments for repeal of the General Utilities doctrine and discusses potential solutions to the General Utilities problem, including complete repeal of the doctrine, implementation of a flat tax and integration of the personal and corporate income tax systems.
Defining A Single Entity For Purposes Of Section 1 Of The Sherman Act Post Copperweld: A Suggested Approach, Thomas W. Mcnamara
Defining A Single Entity For Purposes Of Section 1 Of The Sherman Act Post Copperweld: A Suggested Approach, Thomas W. Mcnamara
San Diego Law Review
This Comment examines the Supreme Court's recent decision in Copperweld Corp. v. Independence Tube Co., in which the Court ruled that a parent and wholly owned subsidiary were a single entity and were, therefore, incapable of violating section 1 of the Sherman Act, which proscribes joint activity between independent business entities that restrains trade. The author examines the intra-enterprise conspiracy doctrine, examines the various approaches used by the various circuits to determine when affiliated corporations should be considered a single entity, and evaluates two possible alternatives to these tests. The author concludes by proposing a new approach, which would seek …
Community Reimbursement For A Professional Degree Upon Dissolution, Susan C. Peshel
Community Reimbursement For A Professional Degree Upon Dissolution, Susan C. Peshel
San Diego Law Review
This Comment examines the recent amendments to the California Civil Code, which require that, at divorce, that the community be reimbursed for the costs of an education of training acquired during marriage. The author examines these new code provisions in relation to prior California case law, contrasts these provisions with responses taken by other states with respect to this issue, and examines the legislative history surrounding the passage of these provisions. The author then discusses the practical implications of the amendments, and examines the interrelationship of this reimbursement remedy with the California community property system.
Streamlining Deportation Proceedings: Self-Incrimination, Immunity From Prosecution And The Duty To Testify In A Deportation Context, Henry G. Watkins
Streamlining Deportation Proceedings: Self-Incrimination, Immunity From Prosecution And The Duty To Testify In A Deportation Context, Henry G. Watkins
San Diego Law Review
This Article examines several recent legislative proposals to streamline deportation proceedings and outlines a non-legislative proposal to streamline many deportation cases. The author addresses, in the deportation context, the invocation of the right against self-incrimination and offers a proposal to grant immunity from prosecution to persons in deportation proceedings, thus triggering the "duty to testify." The author argues that this proposal will eliminate many of the evidentiary and procedural problems now common in deportation proceedings and will result in a savings of time and resources.