Law Commons^™

Foreword: Immigration & Nationality, James J. Orlow

San Diego Law Review

My thesis is that, if the disposition of benefits is to be dependent upon a procedural system, then efforts must be taken to make that procedural system as fair as possible, although it is essentially irrelevant to do political work with judicial means when the substantive lawmaking has been delegated to the law enforcement agencies themselves. The Remedy to that fault may lie in the now reorganized Executive Office of Immigration Review.

The Right Of The Alien To Be Informed Of Deportation Consequences Before Entering A Plea Of Guilty Or Nolo Contendere, David M. Mckinney

San Diego Law Review

This Comment examines the use of guilty pleas by alien defendants. The author suggests that, while the Immigration and Nationality Act provides for deportation of aliens convicted of specified crimes, alien defendants frequently offer guilty pleas unaware or misinformed that they thereby subject themselves to potential deportation. The author argues that, traditionally, courts have not had to inform defendants of deportation consequences, but that deportation can be devastating to the alien and his family. The author concludes that a plea is not fully voluntary if offered unaware of such serious implications, and that courts should be required to inform alien …

Domicile For Immigration And Federal Gift And Estate Tax Purposes--Is A Harmonious Rule Possible, Leon Wildes, David Grunblatt

San Diego Law Review

This Article explores the question of when does a nonimmigrant alien establish a United States domicile and, thus, a residence subjecting him to estate and gift tax. The authors argue that the case law, in both the tax and immigration fields, gives only a partial answer to that question, and identifies only the G-4 visa holder as capable of establishing a domicile, but fail to include other categories. The authors recommend that regulations be promulgated to delineate whether and under what circumstances each category of nonimmigrant aliens may, if at all, establish a United States domicile.

Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin

San Diego Law Review

This synopsis outlines significant developments in immigration law from July 1982 through July 1983.

A Child Is A Child - Or Is It? Legitimation Under Foreign Law And Its Immigration Consequences, Sana Loue

San Diego Law Review

This Article analyzes the criteria established by the courts and the Immigration and Naturalization Service for determination of preference classification as a legitimated child where the legitimation occurs outside the United States. The author provides a comprehensive index of Board of Immigration Appeals decisions relating to legitimation under the laws of other counties, and concludes that a statutory amendment and the promulgation of additional regulations would resolve present inconsistencies and better effectuate the original purpose of existing immigration legislation.

Immigration Law Reform: Proposals In The 98th Congress, William French Smith

San Diego Law Review

This Article argues that recent years have brought a growing concern that national immigration policy is outdated and incapable of addressing the rising pressures of international migration, and examines currently pending legislation to reform immigration law. The author briefly describes the need for reform, the principles which should govern such reform, and the recent attempts by the legislative and executive branches to bring about change. He then analyzes the material provisions of the Immigration Reform and Control Act of 1983, and concludes that the legislation is an appropriate and needed answer to a growing problem.

Political Asylum And Withholding Of Deportation: Defining The Appropriate Standard Of Proof Under The Refugee Act Of 1980, Cheryl L. Edwards

San Diego Law Review

This Comment analyzes the different interpretations of the "well-founded fear of persecution" standard for determining when an alien is eligible for political asylum in the United States, as established in the Refugee Act of 1980. The author suggests that correct interpretation of the new standard has recently been the subject of dispute between the Immigration and Naturalization Service and the United States courts of appeals. The author examines the various interpretations and suggests a different interpretation of this standard based on the legislative history of the Act and the recommendations of the United Nations.

"Entry" As An Issue In Immigration Law, Julie A. Jones

San Diego Law Review

This Comment addresses the issues surrounding whether an alien had made an "entry" for purposes of determining the right of an alien to remain in the United States. The author argues that the term means much more than simply being physically present in the country and its implications are profound. The author examines the elements of the statutory definition of "entry," articulated in Section 101(a)(13) of the Immigration and Nationality Act, and surveys the various interpretations thereof by federal courts and the Board of Immigration Appeals.

The National Labor Relations Act And Undocumented Workers: The De-Alienation Of American Labor, Jose A. Bracamonte

San Diego Law Review

This Article examines the legal status and rights of undocumented workers under the National Labor Relations Act (NLRA). The author analyzes legislative policy and judicial decisions dealing with aliens and concludes that undocumented workers are within the coverage of the NLRA. He then addresses the question of a possible contradiction between federal labor and immigration law, but concludes that the two bodies of law are in accord. Even if such a contradiction antinomy exists, the author argues that the principles of accommodation support protection of undocumented aliens under the NLRA. The author concludes by addressing the complicated problems involved in …

The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review

Michigan Law Review

Part I of this Note examines the statutory authority for the indefinite detention of excluded aliens. It concludes that although the INA does not explicitly authorize such detention, the statute's purposes and specific provisions imply that Congress intended to establish a statutory preference for the detention of excluded aliens. The Note then argues in Part II that indefinite detention is constitutionally permissible when it is necessary to vindicate the government's sovereign right to exclude aliens. The Note concludes, however, that the Constitution requires the government to make a continuing good faith effort to deport a detained, excluded alien.

When Is There Going To Be A United States Law Governing The Admission Of Refugees And Asylum Seekers, Linda T. Cox

Penn State International Law Review

This comment will trace the development of United States refugees and asylum laws. In addition, the policies underlying past, current and proposed immigration laws will be analyzed.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

Back To Square One: Estoppel Against The Government After Immigration And Naturalization Service V. Miranda, Gerald J. Pels

Vanderbilt Journal of Transnational Law

In this nation of immigrants, few matters of public policy arouse more intense or divisive public debate than the subject of change in our immigration and naturalization laws. Presently, our system of immigration laws, which is grounded upon antiquated procedure, is being tested by new problems. For example, the increase in political asylum cases and the influx of aliens from the third world have posed new challenges for these outdated procedures. The 97th Congress considered adopting the Simpson-Mazzoli bill in 1982 to alleviate the problems.

The Senate passed the Simpson-Mazzoli bill on August 17,1982, but the House did not act …

Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis

St. Mary's Law Journal

Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …

The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor

St. Mary's Law Journal

Abstract Forthcoming.

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.

A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey

St. Mary's Law Journal

The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …

Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel

St. Mary's Law Journal

Abstract Forthcoming.

The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.

Historic District Zoning: A Texas Overview., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.

A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin

Northwestern Journal of International Law & Business

Recent media references to various aspects of United States immigration law - important legislative changes recently suggested by introduction of the Simpson-Mazzoli "Immigration Reform and Control Act"; the crisis involving refugees arriving in the United States from Cuba, Haiti, and Southeast Asia; massive investments in domestic companies by citizens or residents of Middle Eastern oil-producing countries; potential reaction by European business people to President Reagan's changing stance regarding investments in the Soviet Union; the economic policies of France's socialist government; and the United States' deteriorating relation wtih certain Central and South American countries - have drawn renew attention to the …

The Current State Of Usury Law In Texas., Michele M. Hightower

St. Mary's Law Journal

Abstract Forthcoming.

An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing

St. Mary's Law Journal

Abstract Forthcoming.

Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.

Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo

St. Mary's Law Journal

Abstract Forthcoming.

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.

An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill

St. Mary's Law Journal

Abstract Forthcoming.

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.