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Full-Text Articles in Law
Foreword, Griffin Bell
Foreword, Griffin Bell
San Diego Law Review
This foreword introduces the problem of undocumented aliens in the United States . The Attorney General briefly describes the President's new program for dealing with this problem which includes permanent resident status, temporary resident status, increased enforcement, employer sanctions, international relations, temporary migration, quota changes, and an interagency task force on immigration law.
The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts
The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts
San Diego Law Review
This article by the form Chairman of the Board of Immigration Appeals examines the Board's function. The Board of Immigration Appeals is a quasi-judicial tribunal that is attached to the office of the Attorney General. The Board has never received statutory recognition and depends upon the Attorney General for its existence. The author argues that the Board should receive statutory recognition from Congress so that it can better fulfill its mission. The author begins with the origin and history of the Board. He then discusses how the Board has come to be the administrative institution that it is today. Finally …
Introduction, Leonel Castillo
Introduction, Leonel Castillo
San Diego Law Review
This introduction introduces the topic of immigration and the authors that have contributed articles to this issue. Contributing authors include: Maurice A. Roberts, Former Board of Immigration Appeals Chairman; Richard Plender, lawyer and advisor to the United Kingdom and Ireland on refugee situations; Charles Gordon, former INS General Counsel; Elwin Griffith; Walter Fogel, immigration scholar and researcher; Stephen H. Legomsky, former student director of the University of San Diego Immigration Clinic; and two student comments.
Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender
Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender
San Diego Law Review
This article examines the plight of refugees and the international law that attempts to protect them. The author begins by discussing the rules of international law that currently govern the definition and admission of refugees for support from the United Nations High Commissioner for Refugees. The author goes on to discuss defects in the conventional definition of refugee which excludes about half the world's refugees from this support. Next the author addresses the Draft Convention on Territorial Asylum which is intended in part to overcome the shortcomings of previous treaties that have defined "refugee". The author concludes by calling for …
Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith
Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith
San Diego Law Review
This article is about the statutory relief available to some aliens whose violation of immigration laws would ordinarily subject them to deportation or exclusion. The author begins by discussing section 241(f) of the Immigration and Nationality Act, which provides relief in certain cases to aliens who otherwise would be deported if they have established close family relationship with American citizens or permanent residents. The author then addresses section 212(c) of the Act, which permits the Attorney General to exercise discretion to admit an alien who may be otherwise be excludable. Finally the author examines section 244(a)(1) of the Act, which …
Extending The Constitution To Refugee-Parolees, Frank Shermon Clowney Iii
Extending The Constitution To Refugee-Parolees, Frank Shermon Clowney Iii
San Diego Law Review
This comment examines the Constitutional rights of Indochinese refugee-parolees. The author begins by discussing the gap in rights between permanent residents and parolees. Permanent residents have "entered" the county and therefore receive certain rights. Parolees have not "entered" the country according to the Supreme Court's decision in Leng May Ma v. Barber and therefore do not receive the same rights. The author argues that the gap between the rights of permanent residents and refugee-parolees must be narrowed. The author also argues that Leng May Ma is inapplicable to refugee-parolees who are not temporary visitors as a parolee is. The author …
Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon
Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon
San Diego Law Review
This article discusses judicial review in immigration cases. The author states that the courts are the ultimate refuge for the individual confronted by the excessive and arbitrary actions of government officials. Although judicial review in immigration cases has not always been a settled concept, its use has constantly increased over the years. The author begins by discussing the history of judicial review in immigration cases. He then examines Due Process and the part it plays in immigration cases including right to counsel, consular decisions, estoppel, the fleuti principle, the applicability of the administrative procedure act, the denial of discretionary relief …
The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky
The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky
San Diego Law Review
This article examines the issue of alien convicts being sentenced to deportation. The author begins by discussing the existing law and the specific ways in which Congress has delegated the authority, to the sentencing judge, to predetermine whether the alien convict will be deported. Next the author examines the propriety of deporting an alien who is already subject to criminal sanctions for the same criminal conduct and when such an additional sanction is justifiable. Finally the author addresses the problems with the current law and proposes ways it could be fixed by Congress, judges, and attorneys.
Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel
Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel
San Diego Law Review
This article discusses the economic impact of illegal aliens on the United States economy. The author starts by briefly addressing four different kinds of impacts on the United States from illegal immigration: Sociopolitical, Population, Labor standards, and Social welfare costs. The author then examines the impact of immigration on the market including general trends, the effect of immigration on the market in the current period, the fear of American workers being displaced from their jobs, and the impact on employment and wages. Next the author examines immigration policy both as an ethical problem and how to restrict illegal immigration. The …
Federal Civil Service Employment: Resident Aliens Need Not Apply, Mary A. Freeman
Federal Civil Service Employment: Resident Aliens Need Not Apply, Mary A. Freeman
San Diego Law Review
This comment examines the legal impediments on the congressional and presidential power to impose a blanket deprivation of federal civil service employment on aliens. The author begins by discussing the existence and scope of congressional power over aliens and the constitutional limitations. The author then discusses the President's statutory and constitutional authority to issue executive orders limiting employment in the competitive service to citizens and nationals of the United States . The author concludes that blanket prohibitions on alien federal civil service employment by either Congress or the President violate the constitutional mandate of due process of the law.
A Regional Perspective Of The "General Welfare", Curtis A. Rankin
A Regional Perspective Of The "General Welfare", Curtis A. Rankin
San Diego Law Review
This Comment will first establish the zoning background to illustrate the changed circumstances that now mandate active regional review. The national precedents, requiring a regional perspective, will then be reviewed to elucidate the wide range of approaches manifested within that perspective. The Livermore decision then will be analyzed with reference to the national precedents.
Estelle V. Williams And The Waiver Of Due Process Trial Protections, Steven D. Krieg
Estelle V. Williams And The Waiver Of Due Process Trial Protections, Steven D. Krieg
San Diego Law Review
This Comment will examine the Williams case and the development of the right not to wear prison garb at trial. It will analyze the Court's rejection of the traditional framework for examining the waiver of fourteenth amendment due process trial rights. This analysis will provide the foundation for a critical evaluation of the decision and its effect upon the defendant's right to a fair trial. Finally, the Comment will compare Williams with similar decisions regarding prejudicial information which may interfere with the decision-making process.
Involuntary Passive Euthanasia Of Brainstem-Damaged Patients: The Need For Legislation - An Analysis And A Proposal, Daniel Mark Mueller
Involuntary Passive Euthanasia Of Brainstem-Damaged Patients: The Need For Legislation - An Analysis And A Proposal, Daniel Mark Mueller
San Diego Law Review
This Comment will examine present medical and legal standards regarding involuntary passive euthanasia of brain-stem-damaged patients and propose a statute to legalize involuntary passive euthanasia under certain restrictive conditions.
Senate Bill 42 And The Myth Of Shortened Sentences For California Offenders: The Effects Of The Uniform Determinate Sentencing Act, Kenneth R. Zuetel Jr.
Senate Bill 42 And The Myth Of Shortened Sentences For California Offenders: The Effects Of The Uniform Determinate Sentencing Act, Kenneth R. Zuetel Jr.
San Diego Law Review
This Comment will briefly review the history of indeterminate sentencing, sentencing rationale, and the new law. The Article will then address the specific question of whether the new statute will diminish the amount of time a felon will be required to serve, and will conclude with an analysis of the Act and its potential effects on California.
United States V. Mcomber: A Challenge To State Courts On Counselless Waivers, E. A. Smith
United States V. Mcomber: A Challenge To State Courts On Counselless Waivers, E. A. Smith
San Diego Law Review
This Comment discusses the independent approach to the problem of defining and limiting waiver of counsel. The first part of this Comment analyzes McOmber, which made notification of counsel a precondition for a valid waiver of counsel's presence during interrogation. This Comment then considers the present effectiveness of Miranda in the civilian courts and examines whether state courts using state law could strengthen the Miranda protection by following the example of McOmber.
Bank Securities Activities: Memorandum For Study And Discussion, Securities Industry Association
Bank Securities Activities: Memorandum For Study And Discussion, Securities Industry Association
San Diego Law Review
A strong and vital United States Banking system is essential to the economic well being of this nation and, indeed, the economic stability of the world. Banks play a central role in international trade and finance and domestically provide the credit essential to the smooth flow of commerce. The importance of the role of banks in this country is underscored by the unique legal and regulatory framework in which they function. Because of this unique position, it is no small wonder that "the American people have repeatedly demonstrated their determination to have a sound system of banking."
Academic Researchers And The First Amendment: Constitutional Protection For Their Confidential Sources, Howard Gray Curtis
Academic Researchers And The First Amendment: Constitutional Protection For Their Confidential Sources, Howard Gray Curtis
San Diego Law Review
The first section of this Comment describes the Richards decision. As will be seen, that decision reflects the exercise of judicial discretion to ensure that the quest for discovery under the Federal Rules of Civil Procedure does not override other important interests. The validity of that exercise is then examined. Finally, this Comment addresses the constitutional privilege issue left unanswered by Richards. It advances the thesis that academic researchers deserve a qualified first amendment privilege against compulsory disclosure of their confidential sources.
"Continuing Evisceration Of [The] Fourth Amendment", Francis A. Gilligan
"Continuing Evisceration Of [The] Fourth Amendment", Francis A. Gilligan
San Diego Law Review
During the 1975 term the Supreme Court handed down nine opinions which involved the fourth amendment. In all nine cases the Court reversed state or lower federal court decisions suppressing evidence. This trend undoubtedly led Justice Marshall, dissenting in the ninth case, to state that "[t]oday's decision is the ninth this Term marking the continuing evisceration of Fourth Amendment protections against unreasonable searches and seizures. Beyond such broad characterizations, the nine decisions provide important guidance for the resolution of recurring fourth amendment issues. This Article will examine these decisions under two rubrics: coverage and protection. Coverage involves the threshold consideration …
Schwalbe V. Jones: The Owner-Passenger Statute Held Constitutional - What Ever Happened To Brown V. Merlo, Mark A. Bonenfant
Schwalbe V. Jones: The Owner-Passenger Statute Held Constitutional - What Ever Happened To Brown V. Merlo, Mark A. Bonenfant
San Diego Law Review
This Comment will demonstrate that no rationale exists to support differential treatment of an owner-passenger and a non-owner-passenger. An analysis of the Schwalbe decision will underscore the inconsistency of its rationale. If Schwalbe had been decided on its facts, the Court could have avoided entirely the issue of the owner-passenger statute's constitutionality. In addition, the rationale suggested by the majority does not support the legislative purposes of the Vehicle Code financial responsibility and civil liability provisions. Finally, Schwalbe must be viewed within the context of California tort law, which is based on the fault principle and on the policy of …
A Proposal For Prosecutorial Discovery Depositions In California, George James Williams Jr.
A Proposal For Prosecutorial Discovery Depositions In California, George James Williams Jr.
San Diego Law Review
The purpose of this Note is to advocate the full use of discovery depositions of non-party witnesses in California for the prosecution. By examining the reluctance of the California courts to implement prosecutorial depositions, possible federal constitutional barriers, and the policy arguments for and against such criminal discovery procedures, this Note will demonstrate the necessity for curative legislation.
Seabed Negotiations: The Failure Of United States Policy, Jack N. Barkenbus
Seabed Negotiations: The Failure Of United States Policy, Jack N. Barkenbus
San Diego Law Review
The fifth and most recent session of the United Nations Conference on the Law of the Sa (UNCLOS) was, as were previous sessions, unable to produce a solution to the deadlock over deep seabed mining. The tentative steps toward accommodation developed during the fourth UNCLOS session were brushed aside, and polarization again characterized the proceedings. As a result of this stalemate, strong pressure will grow within the United States Congress to abstain from further international negotiations and instead to esbalish a domestic regulatory system for deep-seabed mining.
Introduction: Next Steps Toward A Law Of The Sea In The Common Interest, John Norton Moore
Introduction: Next Steps Toward A Law Of The Sea In The Common Interest, John Norton Moore
San Diego Law Review
This symposium in the San Diego Law Review will appear at an historic point in the development of oceans law. In May 1977, the Third United Nations Conference on the Law of the Sea (UNCLOS) will reconvene for its sixth session. Despite a continuing impasse on deep-seabed mining which developed during the fourth and fifth sessions of the UNCLOS, the sixth session should begin in a climate more favorable to productive negotiations.
Recent Developments In The Law Of The Sea 1976-1977, Larry D. Dershem, Scott J. Kaisler
Recent Developments In The Law Of The Sea 1976-1977, Larry D. Dershem, Scott J. Kaisler
San Diego Law Review
This Article discusses the major developments occurring between January 1, 1976, and March 1, 1977, in this increasingly important area of law. This Article concentrates on the two sessions of the United Nations Conference on Law of the Sea (UNCLOS) and on miscellaneous significant events.
The Right To A 200-Mile Exclusive Economic Zone Or A Special Fishery Zone, Carl August Fleischer
The Right To A 200-Mile Exclusive Economic Zone Or A Special Fishery Zone, Carl August Fleischer
San Diego Law Review
In this Article I shall first consider the rules contained in the Revised Single Negotiating Text (RSNT) in relation to claims put forward at the UNCLOS and in the actual practice of States. Then I shall view the rules of the RSNT in the light of other sources of international law, in particular the 1974 judgments by the International Court of Justice (ICJ) concerning the fishery limits off Iceland and the trend established by unilateral extensions of several States through national legislation. I shall end with a discussion of the status of the UNCLOS (and in particular of the Single …
The Right Of Entry Into Maritime Ports In International Law, A. V. Lowe
The Right Of Entry Into Maritime Ports In International Law, A. V. Lowe
San Diego Law Review
This Article will examine the Aramco arbitration together with the authorities upon which the Tribunal relied. It will also consider other authorities and sources of law which might offer the evidence in support of a right of entry. The second part of the Article will attempt to define a right of entry, and it will discuss the sparse precedents of State practice. It will then review the arguments advanced by publicists concerning the right of entry. Finally a formulation of the current body of law will be attempted, suggesting that no right of entry has been established in customary international …
Foreword, Arvid Pardo
Foreword, Arvid Pardo
San Diego Law Review
The San Diego Law Review is to be congratulated for its ninth annual Law of the Sea (LOS) Symposium. The contents are well written, and all the articles make a significant contribution to the understanding of present and evolving law of the sea.