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Full-Text Articles in Law
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 …
Foreword: Current Currents In Institutionalization, David B. Wexler
Foreword: Current Currents In Institutionalization, David B. Wexler
San Diego Law Review
The tasks of a modern-day "foreword-writer," as I understand them, are (a) to introduce symposium articles in a manner that makes apparent their interlocking nature, rather than in a manner that makes them resemble a mere "laundry-list," and (b) to convince readers of the current importance of the issues addressed. Ideally, the tasks should be executed in a manner that provides ample breathing space for the expression of the writer's own views. Ideally, too, as I have learned from bitter experience, the tasks should be performed utilizing resource materials with which the writer is already versed-indeed, utilizing resource materials that …
The Child As Involuntary Mental Patient: The Threat Of Child Therapy To The Child's Dignity, Privacy, And Self-Esteem, Thomas Szasz
The Child As Involuntary Mental Patient: The Threat Of Child Therapy To The Child's Dignity, Privacy, And Self-Esteem, Thomas Szasz
San Diego Law Review
"Stone walls," in Richard Lovelace's immortal phrase, "do not a prison make." What makes a prison-or a space of social confinement, if one wishes to speak less metaphorically-is any invidious and incapacitating class, caste, or category into which individuals or groups may be placed involuntarily, and from which they cannot escape. Childhood is one such category. Mental patienthood is another. It follows, then, that a child assigned to the role of mental patient is doubly incriminated and incapacitated: as a minor, and as mad.
Prediction Research And The Role Of Psychologists In Correctional Institutions, John Monahan, Linda Costa Monahan
Prediction Research And The Role Of Psychologists In Correctional Institutions, John Monahan, Linda Costa Monahan
San Diego Law Review
Through psychologists, we are convinced of the essential validity of the just deserts model. It is "less unacceptable than any others which can be considered at this time and consistent with the ethical provision of psychological services. We believe that freeing psychologists from tasks for which they are ill-equipped-coercive treatment and dispositive prediction-presents an opportunity and stimulus for the development of new, more effective, and more ethical roles in the correctional system. This Article will propose one such role.
Indeterminacy As Individualization, Georg K. Sturup
Indeterminacy As Individualization, Georg K. Sturup
San Diego Law Review
Penal institutions are an important field for psychiatric treatment and study. This Article defines treatment and discusses its principal aims as they are relevant to a penal setting. Currently, the lawyers' rule-dominated pattern of reaction is gaining ground over the psychiatric situational approach. Both the overdeveloped organization for psychiatric investigations and the tendency to forget the pre-sentence report when the offender is placed int he rule-dominated penal institutions counteracts every clinical research program. Denmark's attempts to overcome this obstacle by making the inmate the principal collaborator in his rehabilitation are described here.
Whither Thou Goest? An Inquiry Into Jurors' Perceptions Of The Consequences Of A Successful Insanity Defense, Grant H. Morris,
Whither Thou Goest? An Inquiry Into Jurors' Perceptions Of The Consequences Of A Successful Insanity Defense, Grant H. Morris,
San Diego Law Review
Traditionally, juries are not permitted to consider the consequences of their verdicts. The jury's function is to determine guilt or innocence by finding the facts; speculation on the defendant's fate is irrelevant to this function. The judge, not the jury, decides the post-verdict consequences. However, courts in a few jurisdictions give the insanity-consequences instruction on the supposition that without the instruction the jury will be unduly influenced against a valid insanity defense when the evidence warrants the finding of insanity. Although jurors commonly know the consequences of guilty and not guilty verdicts, they may not know the consequences of an …
On Being Imposed Upon By Artful Or Designing Persons - The California Experience With The Involuntary Placement Of The Aged, George J. Alexander
On Being Imposed Upon By Artful Or Designing Persons - The California Experience With The Involuntary Placement Of The Aged, George J. Alexander
San Diego Law Review
This Article is principally concerned with the deprivation of liberty inherent in forced placement. However, this Article will concentrate on California Surrogate management standards because they provide a better frame of reference for the assumptions which underlie various types of involuntary interventions, and because they are closer to the open-ended commitment statutes of many other states.
Dependency Proceedings: What Standard Of Proof? An Argument Against The Standard Of Clear And Convincing, Michael Freeman White
Dependency Proceedings: What Standard Of Proof? An Argument Against The Standard Of Clear And Convincing, Michael Freeman White
San Diego Law Review
This Comment presents several arguments against the adoption of a standard of "clear and convincing" evidence in dependency hearings. The safety and general welfare of the child is of paramount concern in child protective proceedings. Utilization of a higher quantum of proof only frustrates the court's duty to protect children from the dangers arising out of parental neglect of abuse. This Comment will demonstrate that neither the precedents nor policies relied upon by the court in In re Robert P. justify an abandonment of the current statutory standard of proof required in dependency hearings.
Least Restrictive Treatment Of The Mentally Ill: A Doctrine In Search Of Its Senses, P. Browning Hoffman, Lawrence L. Foust
Least Restrictive Treatment Of The Mentally Ill: A Doctrine In Search Of Its Senses, P. Browning Hoffman, Lawrence L. Foust
San Diego Law Review
This Article briefly traces the judicial and legislative evolution of the least restrictive alternative doctrine. Attempts by Virginia's judiciary to substantiate it are surveyed to further illustrate the doctrine's development, and a framework is suggested for the doctrine's future application to treatment of the mentally ill.