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.

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This Article argues that recent years have brought a growing concern that national immigration policy is outdated and incapable of addressing the rising pressures of international migration, and examines currently pending legislation to reform immigration law.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.

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 …

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.

"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.

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.

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.

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.

International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Post-Traumatic Stress Disorder, Vietnam Veterans And The Law: A Challenge To Effective Representation, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

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.

A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, 5 Nw. J. Int'l L. & Bus. 844 (1983), Paul T. Wangerin

UIC Law Open Access Faculty Scholarship

No abstract provided.

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 …

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.

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

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.

U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher

Articles by Maurer Faculty

Migration from Cuba to the United States since Castro assumed power, and the haracterization of those leaving as refugees, have been strongly affected by U.S. foreign policy concerns. During the 1959-62 migration wave, particularly prior to the failure of the Bay of Pigs invasion, Cubans were welcomed as temporary exiles, likely to topple Castro and return home. The second major migration wave began in 1965, in the midst of a U.S. campaign for systematically isolating and economically depriving Cuba and its citizens. When thousands of those citizens left Cuba, primarily to improve their economic circumstances and rejoin family members, they …

The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

The Endless Debate: Refugees Law And Policy And The 1980 Refugee Act, Kenneth D. Brill

Cleveland State Law Review

Refugee policy and law have developed largely in an ad hoc manner, as the nation has responded to crises around the world with both altruism and political self-interest. Against the foreground of refugee and asylum claims by unfortunate individuals there has been an unending struggle among the three branches of the United States government to make the rules for handling these claims. Part II discusses the way refugee policy became a weapon in the Cold War and the formal abandonment of that approach with the adoption of the 1980 Refugee Act. Part III contains an analysis of the claims of …

In Re Polovchak: Guidelines For The Grant Of Asylum To A Minor, Cheryl A. Blackburn

Cleveland State Law Review

The Polovchak controversy recently accentuated the absence of clear guidelines applicable to the grant of asylum to a minor. This Note will commence with an exploration of the competing interests which would be affected by the grant of asylum to a minor, including the parents' interest, the minor's interest, and the interest of the state. An analysis of the historical and current federal asylum procedure will follow. After examining In re Polovchak, this Note will recommend that a revision of the current asylum process is necessary to protect individual interests from arbitrary and unjustified decisions. Such a revision would establish …