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Articles 1 - 30 of 227
Full-Text Articles in Law
Motions 1992 Volume 6 Number 3, University Of San Diego School Of Law Student Bar Association
Motions 1992 Volume 6 Number 3, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
San Diego Law Review
During the height of the Central American civil wars of the 1980s, the Ninth Circuit Court of Appeals established liberal precedent for granting asylum under the Immigration and Nationality Act to deportable aliens who had been threatened for resisting government or guerrilla service in their native countries because of their political opinions (including neutrality), whether expressed, implied, or imputed to them by those who meant them harm. However, in INS v. Elias-Zacarias, the Supreme Court reversed the Ninth Circuit and stated that an asylum applicant's political opinion may not be imputed to him by the actions of his alleged persecutors. …
Resistance To Military Conscription Or Forced Recruitment By Insurgents As A Basis For Refugee Protection: A Comparative Perspective, Arthur C. Helton
Resistance To Military Conscription Or Forced Recruitment By Insurgents As A Basis For Refugee Protection: A Comparative Perspective, Arthur C. Helton
San Diego Law Review
This Article discusses certain instances in which claims for refugee protection could be recognized, even though they are asserted in the context of armed conflict and based on objection to participation in the conflict. While other nations rely on international principles to interpret treaty-derived terms in statutes governing refugee matters, the United States Supreme Court has ignored this convention in taking a restrictive approach to refugee protection. By narrowly construing the term "political opinion" and unduly focusing on the persecutor's state of mind, the Court has limited the scope of protection for thousands of legitimate asylum seekers. The decisions of …
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
San Diego Law Review
In 1990, Congress attempted to fill a long-standing void in the United States immigration laws by providing an updated immigrant investor visa codified as section 203(b)(5) of the Immigration and Nationality Act. The old, obsolete immigrant investor visa had only required a $40,000 investment. The new visa generally requires a $1,000,000 investment. The demand for this new higher priced version has, however, been exceedingly low. Although this immigrant investor visa category allows for 10,000 visa issuances per year, only 78 were issued in fiscal 1992 and no more than 500 are expected to be issued in fiscal 1993. This Article …
Labor Certification: Six Different Ways And Reasons For Establishing Dissimilarity Between Two Employment Positions, Lorna Rogers Burgess
Labor Certification: Six Different Ways And Reasons For Establishing Dissimilarity Between Two Employment Positions, Lorna Rogers Burgess
San Diego Law Review
In alien employment certification and labor condition attestation, a distinction between two jobs must be established if an alien's previous experience with the same employer is to be used as a qualifying credential in labor certification. Two jobs must also be distinguished when challenging a state wage determination. A successful challenge often requires establishing a dissimilarity between the job offered and those to which it is compared. What makes two jobs different in these circumstances is difficult to determine. This Article explores the methodology applied by the Department of Labor in distinguishing between jobs in contexts including utilization of an …
Safe Haven For Salvadorans In The Context Of Contemporary International Law--A Case Study In Equivocation, Todd Howland, Amy Beer, Tim Everett, Evangeline Nichols Ordaz
Safe Haven For Salvadorans In The Context Of Contemporary International Law--A Case Study In Equivocation, Todd Howland, Amy Beer, Tim Everett, Evangeline Nichols Ordaz
San Diego Law Review
This Article analyzes the basis for safe-haven programs for refugees fleeing war and civil strife under contemporary principles of international law. The authors trace the development of safe-haven programs in the United States and offer an analysis and critique of the Temporary Protected Status program created by the Immigration and Nationality Act of 1990. Focusing on the struggle to gain safe haven for refugees from El Salvador, the authors review the United States government's historical use of safe haven programs as a political tool. Finally, the Article looks at how other countries have responded to refugee crises and suggests a …
An Agenda For The Commission On Immigration Reform, Carlos Ortiz Miranda
An Agenda For The Commission On Immigration Reform, Carlos Ortiz Miranda
San Diego Law Review
This Article offers agenda topics for the members of the Commission on Immigration Reform (Commission) to consider in their deliberations in the early 1990s. The topics discussed in the Article cover those that Congress specifically requested the Commission to evaluate, as well as other topics that the Commission may have found within its authority to evaluate. Final recommendations made by the Commission to the Congress in its final report due in 1997 had the potential to shape legislative policy choices in the area of immigration reform during the first part of the twenty-first century.
Federal Common Law And The Need For Uniformity In The Regulation Of Federal Savings And Loan Associations And Federal Credit Unions, Raquel Maria Prieguez
Federal Common Law And The Need For Uniformity In The Regulation Of Federal Savings And Loan Associations And Federal Credit Unions, Raquel Maria Prieguez
San Diego Law Review
Federal courts have authority to fashion federal common law in a few narrow instances. Through an examination of relevant precedent in the area of federal common law, this Comment identifies essential factors necessary for the fashioning of federal common law where the rights and duties of the United States are involved. It then applies the findings to the issue of whether state or federal law should govern in actions against officers and directors of federal savings and loan associations and federal credit unions for breach of fiduciary duties or breach of bylaws. This Comment also finds that some federal courts …
Curing The Ake Of An Incompetent Expert: A Separate Reviewable Issue, Kenneth S. Roberts
Curing The Ake Of An Incompetent Expert: A Separate Reviewable Issue, Kenneth S. Roberts
San Diego Law Review
The Supreme Court's mid-1980s decision in Ake v. Oklahoma established the defendant's constitutional right to "competent psychiatric assistance." Although many states had already provided indigent defendants access to psychiatric assistance in their defense, it was not until the Court decided Ake that this access was established as his or her constitutional right. However, whether this due process right to expert assistance was satisfied by the mere appointment of a psychiatrist or whether it included the requirement that the expert perform competently had remained unanswered as of 1992. This Comment attempts to address this issue in the affirmative and additionally develops …
Rider V. County Of San Diego: Special Districts And Special Taxes Under Proposition 13, William A. Stahr
Rider V. County Of San Diego: Special Districts And Special Taxes Under Proposition 13, William A. Stahr
San Diego Law Review
The voters of California passed initiative Proposition 13 in 1978. This initiative limited the ability of state and local taxing authorities to raise revenue. The courts were left with the difficult task of interpreting that initiative as applied to numerous factual situations, a task made more difficult by the lack of any meaningful legislative history. When San Diego County sought to finance certain judicial and criminal facilities with a sales tax increase, the California Supreme Court had already lain out an analysis of Proposition 13 that suggested the new tax was constitutionally imposed. However, upon challenge in Rider v. County …
Motions 1992 Volume 6 Number 2, University Of San Diego School Of Law Student Bar Association
Motions 1992 Volume 6 Number 2, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Motions 1992 Volume 6 Number 1, University Of San Diego School Of Law Student Bar Association
Motions 1992 Volume 6 Number 1, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Diverting Justice: Unanswered Questions On Diverting Licensees From Discipline, Thomas O'Conner
Diverting Justice: Unanswered Questions On Diverting Licensees From Discipline, Thomas O'Conner
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, D. Levinson
Office Of Administrative Law, D. Levinson
California Regulatory Law Reporter
No abstract provided.
Office Of The Legislative Analyst, R. Little
Office Of The Legislative Analyst, R. Little
California Regulatory Law Reporter
No abstract provided.
Public Interest Organizations, J. Hardesty
Public Interest Organizations, J. Hardesty
California Regulatory Law Reporter
No abstract provided.
Senate Office Of Research, A. Gutzler
Senate Office Of Research, A. Gutzler
California Regulatory Law Reporter
No abstract provided.
Contractors State License Board, M. Wakefield
Contractors State License Board, M. Wakefield
California Regulatory Law Reporter
No abstract provided.
Board Of Funeral Directors And Embalmers, M. Christian
Board Of Funeral Directors And Embalmers, M. Christian
California Regulatory Law Reporter
No abstract provided.
Board Of Registration For Geologists And Geophysicists, C. S. Trunzo
Board Of Registration For Geologists And Geophysicists, C. S. Trunzo
California Regulatory Law Reporter
No abstract provided.
Board Of Dental Examiners, J. Seeberg
Board Of Dental Examiners, J. Seeberg
California Regulatory Law Reporter
No abstract provided.
Bureau Of Home Furnishings And Thermal Insulation, C. A. Coyle
Bureau Of Home Furnishings And Thermal Insulation, C. A. Coyle
California Regulatory Law Reporter
No abstract provided.
Board Of Landscape Architects, K. Chambers
Board Of Landscape Architects, K. Chambers
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners Of Nursing Home Administrators, M. Amador
Board Of Examiners Of Nursing Home Administrators, M. Amador
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, R. Espinoza
Board Of Registered Nursing, R. Espinoza
California Regulatory Law Reporter
No abstract provided.
Board Of Vocational Nurse And Psychiatric Technician Examiners, J. Ross
Board Of Vocational Nurse And Psychiatric Technician Examiners, J. Ross
California Regulatory Law Reporter
No abstract provided.
Department Of Alcoholic Beverage Control, T. Parker
Department Of Alcoholic Beverage Control, T. Parker
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners In Veterinary Medicine, D. Lewin
Board Of Examiners In Veterinary Medicine, D. Lewin
California Regulatory Law Reporter
No abstract provided.
Department Of Corporations, S. Celaka Jr.
Department Of Corporations, S. Celaka Jr.
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, M. Wakefield
Department Of Real Estate, M. Wakefield
California Regulatory Law Reporter
No abstract provided.