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Full-Text Articles in Law
Refugee-Parolee: The Dilemma Of The Indochina Refugee, Marvin Samuel Gross
Refugee-Parolee: The Dilemma Of The Indochina Refugee, Marvin Samuel Gross
San Diego Law Review
This Comment looks at President Ford's decision to use the parole authority to admit refugees who fled from conflict in Indochina. These refugees are not considered to have entered the United States because, as parolees, they are legally regarded as if stopped at the border. The dichotomy between physical presence and legal status is inherent in the parole statute, but the resultant problems are multiplied by the use of parole as authority for the admission of a large group of refugees. The President's actions have gone beyond the use which Congress has originally intended for the parole status and may …
A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame
A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame
San Diego Law Review
The major failure of present laws dealing with the immigration regulations is in the area of labor importation, certification and control. Over 90 percent of all problems facing the Immigration and Naturalization Service emanate from illegal-entrant alien workers. The purpose of this Article is to illustrate failures of the present laws, consider proposed remedies, and offer an alternative route for alleviation of the problem. The authors' proposal is directed toward further economic research, sociological studies and comprehensive political analyses to propose a legislative package which would completely supplant the present Act.
The Doctrine Of Preemption And The Illegal Alien: A Case For State Regulation And A Uniform Preemption Theory, Patricia D. Benke
The Doctrine Of Preemption And The Illegal Alien: A Case For State Regulation And A Uniform Preemption Theory, Patricia D. Benke
San Diego Law Review
This Article is intended to explore the propriety of the rulings on section 2805 of the California Labor Code, enacted in 1971. That statute provides in pertinent part: "No employer shall knowingly employ an alien who is not entitled to lawful residence in the United States if such employment would have an adverse effect on lawful resident workers." The Author argues that the threshold question in constructing a uniform preemption theory should be whether the relevant subject matter is one which is inherently federal, i.e., it involves an area of law restricted to federal control because of constitutional mandates or …
Ault V. International Harvester Co. - Death Knell To The Exclusionary Rule Against Subsequent Remedial Conduct In Strict Products Liability, J. Wesley Merritt
Ault V. International Harvester Co. - Death Knell To The Exclusionary Rule Against Subsequent Remedial Conduct In Strict Products Liability, J. Wesley Merritt
San Diego Law Review
This Comment discusses Ault v. International Harvester Co, arguing that it represents an assault upon the exclusionary rule against subsequent remedial conduct. The Author closely examines Justice Mosk's rationale of admissibility and reviews the traditional exclusionary rule against subsequent remedial conduct.
Search And Seizure On The Highway For Immigration Violations: A Survey Of The Law, Sam Bersen
Search And Seizure On The Highway For Immigration Violations: A Survey Of The Law, Sam Bersen
San Diego Law Review
This Article surveys the law regarding the search and seizure on the highway for immigration violations. The Immigration and Nationality Act enumerates 18 deportable classes, ranging from aliens who were inadmissible at any time of entry or entered without inspection, to aliens who, after entry, were convicted of certain crimes or who performed or failed to perform certain acts. This Article explores the INS and evaluates its impacts.
Exclusion And Deportation Of Resident Aliens: The Re-Entry Doctrine And The Need For Reform, Matthew Herron
Exclusion And Deportation Of Resident Aliens: The Re-Entry Doctrine And The Need For Reform, Matthew Herron
San Diego Law Review
This Comment discusses the question of "entry" which may be critical to a resident alien who is being excluded or deported. The Author discusses the need for clarification of the re-entry doctrine, explores the substantive effects of "entry," and examines how the early decisions interpreted the "entry" requirement.
The Child's Claim For Loss Of Consortium Damages: A Logical And Sympathetic Appeal, Mary Lee Tayrien
The Child's Claim For Loss Of Consortium Damages: A Logical And Sympathetic Appeal, Mary Lee Tayrien
San Diego Law Review
This Comment presents the case for Jodie Lynn Souter's claim for loss of consortium in a wrongful death action when her mother was killed in a car accident, and for the claims of all children deprived of their parents consortium by another's negligence. It takes the position that statute, precedent, and tort principles compel the recognition of such an action where, in the words of the Suter Court of Appeal, "there can be little question of the reality of the loss suffered by a child deprived of the society and care of its parent."
Foreword, Peter W. Rodino Jr.
Foreword, Peter W. Rodino Jr.
San Diego Law Review
The immigration laws in our country have been influenced by population growth and distribution, as well as economic and political conditions both in the United States and foreign nations. Such influences have caused significant variations in patterns of immigration throughout our nation's history. It is important for us to remember our distinguished immigrant heritage when commenting upon past immigration policy and projecting as to the future of our immigration laws.
The Need To Modernize Our Immigration Laws, Charles Gordon
The Need To Modernize Our Immigration Laws, Charles Gordon
San Diego Law Review
The Author describes and discusses some statutory changes he believes to be desirable in immigration legislation. He argues that immigration legislature does not occupy a very high priority among Congressional concerns. Moreover, those who favor statutory revisions are often reluctant to propose them, since past experience has demonstrated to them that stirring the legislative pot may produce a stew even less palatable than that now available. The suggestions he proposes include simplifying the statutory structure and creating discretionary authority to waive grounds for exclusion.
Searching For Illegal Aliens: The Immigration Service Encounters The Fourth Amendment, Austin T. Fragomen Jr.
Searching For Illegal Aliens: The Immigration Service Encounters The Fourth Amendment, Austin T. Fragomen Jr.
San Diego Law Review
The intent of this Article is to outline the clearly emerging constitutional standards which the Supreme Court has said attach to the broad powers granted to immigration officials. Historically, there was never any constitutional logic supporting the position that the fourth amendment's protections should not apply to immigration-related searches removed from the actual border. Recent judicial decisions support this conclusion.
A Look At Illegal Immigration: Causes And Impact On The United States, Leonard F. Chapman Jr.
A Look At Illegal Immigration: Causes And Impact On The United States, Leonard F. Chapman Jr.
San Diego Law Review
This brief Article discusses illegal immigration into the United States and its effects on the country. The Author argues that the problem of illegal immigration has grown to the point where it is out of control, and our nation faces the dim prospect of even greater numbers of aliens pouring into the country unless steps are taken soon to halt the movement.
Grounds And Procedures Relating To Deportation, Jack Wasserman
Grounds And Procedures Relating To Deportation, Jack Wasserman
San Diego Law Review
Since the enactment of the 1952 Immigration and Nationality Act, our laws contain the most detailed and complicated enumeration prescribed anywhere in the world for the deportation and disqualification of aliens seeking admission or to retain residence in a sovereign nation. The severity and arbitrary character of our deportation laws stems not only from the substantive grounds but also from the absence of a statute of limitations and the retroactive application of the deportation mandate. There is a failure to forgive past sins and a failure to overlook minor infractions which do not warrant the drastic penalty of deportation.
The Exercise Of Administrative Discretion Under The Immigration Laws, Maurice A. Roberts
The Exercise Of Administrative Discretion Under The Immigration Laws, Maurice A. Roberts
San Diego Law Review
This Article examines the exercise of administrative discretion under the immigration laws under practical considerations. In terms of human misery, the potential impact of our immigration laws can hardly be overstated. With minor exceptions, the immigration laws operate directly and exclusively upon human beings whose hopes for future happiness in a realistic sense frequently depend on their ability to enter, or remain in, this land of freedom and opportunity. The statutes themselves contain a built-in potential for hardship which is to some extent unavoidable. To afford some opportunity for relief from the hardships that inevitably result from the application of …
The Avowed Lesbian Mother And Her Right To Child Custody: A Constitutional Challenge That Can No Longer Be Denied, Marilyn Riley
The Avowed Lesbian Mother And Her Right To Child Custody: A Constitutional Challenge That Can No Longer Be Denied, Marilyn Riley
San Diego Law Review
The custody determinations involving Lesbian mothers raise constitutional issues which must be examined against our society's strongly anti-homosexual background. Generally, problems the women face result from Western culture's ancient homophobia—a combination of fear, hatred and ignorance—which has produced a heritage of persecution directed at homosexuals. Because anti-homophile attitudes are so deeply rooted and widely accepted, they of course influence legislative and judicial responses to the homophile's demands for equal rights. Therefore, before considering the relevant constitutional issues, this Note will discuss the history and development of Western homophobia.
The Taxability Of Condominium Owners' Associations, K. Michael Garrett
The Taxability Of Condominium Owners' Associations, K. Michael Garrett
San Diego Law Review
This Article will attempt to provide some suggestions, but few answers, to those charged with the responsibility of counseling condominium owners' associations on tax matters. The difference, if any, between assessments and expenditures constitutes net income to the association. Whether and to what extent the association will be taxed on this income is a matter of considerable debate. The law on the subject is sparse, and the tax status of the homeowner's association is in flux, with congressional legislation on the matter pending.
Tarasoff And The Psychotherapist's Duty To Warn, Dennis W. Daley
Tarasoff And The Psychotherapist's Duty To Warn, Dennis W. Daley
San Diego Law Review
This Comment will highlight the issues of the therapist's duty to warn potential victims and the duty to confine dangerous patients. A more detailed emphasis is placed on confidentiality and privilege in the therapist-patient relationship and on the predictability of violence. These issues provide a background for an analysis of the potential effects of Tarasoff on the psychiatric profession and the practical problems arising from the decision.
The Internal Revenue Service's Mandatory Waiver Of Confidentiality - The Practical And Constitutional Defects, John G. Scherb
The Internal Revenue Service's Mandatory Waiver Of Confidentiality - The Practical And Constitutional Defects, John G. Scherb
San Diego Law Review
This Comment focuses upon both the practical and constitutional defects present in the Internal Revenue Service's proposed requirement of a mandatory waiver of confidentiality as a condition precedent to the issuing of a private letter ruling. The primary practical defect in the proposed amendments is that such a requirement may seriously undermine the present program of private rulings which plays an important part in both business planning and tax administration. The exact defects of the waiver requirement, while unknown, may prove costly to both the Service and the taxpayer.
Child Abuse Reporting Statutes: The Case For Holding Physicians Civilly Liable For Failing To Report, Lon B. Isaacson
Child Abuse Reporting Statutes: The Case For Holding Physicians Civilly Liable For Failing To Report, Lon B. Isaacson
San Diego Law Review
The purpose of this Article is to examine the proposition that physicians who fail to report suspected cases of child abuse do so at the cost of incurring civil liability for injuries subsequently inflicted upon these battered children.
United States V. Toscanino: An Assault On The Ker-Frisbie Rule, Gary W. Schons
United States V. Toscanino: An Assault On The Ker-Frisbie Rule, Gary W. Schons
San Diego Law Review
This Comment will examine the so-called Ker-Frisbie rule underlying the position of our courts' refusal to review the claims of those who challenge the personal jurisdiction of a court subsequent to an extra-legal transfer from a foreign jurisdiction. The analysis herein will reveal the basic weakness of the rule and furnish sound arguments for its abandonment. In this respect, this Comment will rely heavily on the spirit and resourcefulness of the case of United States v. Toscanino, wherein the Second Circuit conducted a searching examination of the Ker-Frisbie rule and found it unsatisfactory in light of our current notions of …
Due Process In School Discipline: The Effect Of Goss V. Lopez, William R. Fletcher
Due Process In School Discipline: The Effect Of Goss V. Lopez, William R. Fletcher
San Diego Law Review
Courts which have faced the question of whether the due process clause applies to school disciplinary hearings have held both ways. Until recently, the United States Supreme Court had declined to hear the issue. This changed, however, with the Court's five to four decision in Goss v. Lopez, where the court held that the due process clause does apply to school disciplinary proceedings. This Comment will analyze Goss and compare it with the case law developed in the lower courts.
Compensation For Oil Pollution At Sea: An Insurance Approach, Charles F. Goria
Compensation For Oil Pollution At Sea: An Insurance Approach, Charles F. Goria
San Diego Law Review
This Comment will first discuss the potential damages aspect of oil spills. Then, the various limits of liability now existing will be presented, followed by a discussion of tanker indemnity insurance. Against this background, suggestions for a more equitable distribution of the risks of oil pollution from tankers will be made.
The Role Of The Geographically - Disadvantaged States In The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson
The Role Of The Geographically - Disadvantaged States In The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson
San Diego Law Review
One of the more ambiguous terms to have surfaced in recent law of the sea negotiations is in reference to certain States as being "geographically-disadvantaged." Few criteria have been spelled out for inclusion in such groups, and the only serious suggestions for distinguishing among degrees of disadvantage have been those which tend to put land-locked States in a special category of misfortune. For many years, the plight of the land-locked countries has attracted international attention: witness the 1921 Barcelona Convention, the provisions on their behalf in the 1958 Geneva High Seas convention, and the 1965 UNCTAD Convention on Transit Trade …
An Llusion Of Camelot, The Validity Of A Claim, And The Consequences Of The Negotiations: The Great Nodule Spectacle, R. Sebastian Gibson
An Llusion Of Camelot, The Validity Of A Claim, And The Consequences Of The Negotiations: The Great Nodule Spectacle, R. Sebastian Gibson
San Diego Law Review
The purpose of this Comment is to Determine the validity of Deepsea's claim and any other such claim in international law, to analyze the interests involved in the United States Government's policy toward deep-sea mining, and to reflect on the direction international law is headed with regard to mining in the high seas.
Recent Developments In The Law Of The Sea: A Synopsis, Robert Armstrong, William Franz, Webster Kinnaird
Recent Developments In The Law Of The Sea: A Synopsis, Robert Armstrong, William Franz, Webster Kinnaird
San Diego Law Review
Each year, as an integral part of its symposium on the law of the sea, the San Diego Law Review presents a synopsis of the major events in the field. This year's precis covers the period from January 1, 1974 to December 31, 1974. The scope of the article prohibits extended scrutiny of the subject matter. However, the manner in which it is presented exposes the reader to a broad spectrum of recent events and allows familiarization with increasingly important facets of a rapidly expanding area. As an added ingredient, this year's synopsis contains coverage of the United Nations Conference …
The Roles Of Regional Law Of The Sea, Mark W. Janis
The Roles Of Regional Law Of The Sea, Mark W. Janis
San Diego Law Review
This Article draws together the record of regional law of the sea from recent regional developments, scholarly studies and recommendations, and the law of the sea debate. It analyzes the different roles which regional law of the sea might play and has played. It evaluates the prospects for regional law of the sea in different geographical areas and speculates about the contributions which regional law of the sea might make to the unfolding legal order of the oceans.
The Fisheries Proposals: An Assessment, Channing Kury
The Fisheries Proposals: An Assessment, Channing Kury
San Diego Law Review
Several major proposals for the regulation or division of the international fisheries were made at the Law of the Sea Conference at Caracas, Venezuela in 1974. Law is typically evolved through controversy with many inherent limitations and costs. There will not be, in fact cannot be, an optimal body of law for the utilization of the sea. What can be hoped for, though, is a corpus juris that will be responsive to natural and societal limitations and demands. It is chiefly with this criterion in mind that the following assessment has been made of some of the fisheries proposals.