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Articles 1 - 30 of 201
Full-Text Articles in Law
Motions 1994 Volume 30 Number 3, University Of San Diego School Of Law Student Bar Association
Motions 1994 Volume 30 Number 3, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
The Exemption From Patent Infringement And Declaratory Judgments: Misinterpretation Of Legislative Intent?, Amy Stark
San Diego Law Review
This Comment explores the Drug Price Competition and Patent Term Restoration Act of 1984. This statute was enacted to encourage expenditure in the areas of pharmaceutical and medical inventions, and to ensure greater competition in these fields at an earlier date after relevant patents expire. The author argues that courts' interpretations of this act may be preventing these original goals of Congress from being met. Several courts have based denial of declaratory judgments upon this statute. The author argues that if the statute is interpreted as requiring the denial of all declaratory judgment suits, the statute may actually discourage companies …
An Immigration Policy For A Just Society?, Louis Henkin
An Immigration Policy For A Just Society?, Louis Henkin
San Diego Law Review
If it is a human right for every human being to choose where he or she would live, do not considerations of justice require a society to hold out its hand to such a contract? This Article explores the concept of justice, as it applies to immigration law in the United States. It examines the notion that the United States may have an obligation to accept people into the country based on considerations of justice. The author suggests that justice ought to imbue the immigration policy of the United States, and that policy would be different if justice was recognized …
By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson
By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson
San Diego Law Review
The Immigration and Naturalization Service (INS) is an agency with responsibility both for enforcing the immigration laws and conferring legal status and other benefits. This author finds that at times these dual roles create conflict, mistrust in the community, and violations of the rights of aliens. This Article critically examines an undercover operation conducted in 1993 by the San Diego District Office, which lured aliens to deportation through INS offers of legal status. The Article discusses the regulatory and statutory provisions governing INS undercover operations and the rights of aliens subject to final orders of deportation. It continues with an …
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
San Diego Law Review
The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …
Population, Immigration And Growth In California, Richard Sybert
Population, Immigration And Growth In California, Richard Sybert
San Diego Law Review
This Article presents objective data and analysis regarding the components of California's population growth. It also reviews fiscal impacts from immigration. The author finds that these fiscal impacts are substantially negative for state and local governments. The Article also examines United States workforce needs as they may be affected by an expanding population and as they may implicate immigration. The author recommends changing immigration policy to focus more on workforce needs and skills in California. He recommends federal action on two levels: (1) to compensate California for the hugely disproportionate financial burden it bears from the nation's immigration and refugee …
Entry: What Mama Never Told You About Being There, Kathrin S. Mautino
Entry: What Mama Never Told You About Being There, Kathrin S. Mautino
San Diego Law Review
This Article analyzes the development of entry as an immigration concept, with special attention to those factors that affect entry analysis. These elements that the author finds must be considered in every potential entry into the United States are: (1) the legal status of the alien, (2) the purpose for finding an entry, and (3) the congressional intent behind the statutes involved. This Article explores the legal history of the term "entry," and illustrates the interaction of the three factors above. The author concludes that entry analysis demonstrates the political nature of immigration and the frequency that historical events rather …
Nafta & The Environmental Side Agreement: Fusing Economic Development With Ecological Responsibility, Reid A. Middleton
Nafta & The Environmental Side Agreement: Fusing Economic Development With Ecological Responsibility, Reid A. Middleton
San Diego Law Review
This Comment presents a substantive analysis of the North American Free Trade Agreement and its Environmental Side Agreement. It addresses the environmental questions surrounding the agreement and recognized the agreement's capacity to provide both economic and ecological enrichment in the U.S.- Mexican environment. The Comment analyzes the environmental criticisms of NAFTA, and illustrates why these criticisms are inaccurate. Through examination of the enforcement mechanisms of the Environmental Side Agreement, this Comment illustrates how Mexico's capacity and desire to fulfill its own environmental obligations, coupled with the necessary financing, will allow Mexico to independently put an end to decades of ecological …
Legislative Committee Abbreviations
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
The Funeral And Cemetery Boards In Well-Deserved Limbo, Julianne B. D'Angelo
The Funeral And Cemetery Boards In Well-Deserved Limbo, Julianne B. D'Angelo
California Regulatory Law Reporter
No abstract provided.
An Open Letter To Dca Officials And Other Users Of Office Of Administrative Hearings Administrative Law Judges, Robert C. Fellmeth, Julianne B. D'Angelo
An Open Letter To Dca Officials And Other Users Of Office Of Administrative Hearings Administrative Law Judges, Robert C. Fellmeth, Julianne B. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Assembly Office Of Research, S. Cola
Assembly Office Of Research, S. Cola
California Regulatory Law Reporter
No abstract provided.
Board Of Barbering And Cosmetology, J. Collins
Board Of Barbering And Cosmetology, J. Collins
California Regulatory Law Reporter
No abstract provided.
Cemetery Board, J. Brysk
Board Of Accountancy, M. Lorenzo, J. D'Angelo
Board Of Accountancy, M. Lorenzo, J. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Board Of Behavioral Science Examiners, A. Sommers
Board Of Behavioral Science Examiners, A. Sommers
California Regulatory Law Reporter
No abstract provided.
Board Of Architectural Examiners, P. Dennehy
Board Of Architectural Examiners, P. Dennehy
California Regulatory Law Reporter
No abstract provided.
Board Of Registration For Geologists And Geophysicists, E. D'Angelo
Board Of Registration For Geologists And Geophysicists, E. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Board Of Registration For Professional Engineers And Land Surveyors, T. Franklin
Board Of Registration For Professional Engineers And Land Surveyors, T. Franklin
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, M. Roth
Board Of Registered Nursing, M. Roth
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners In Veterinary Medicine, A. Nations
Board Of Examiners In Veterinary Medicine, A. Nations
California Regulatory Law Reporter
No abstract provided.
Board Of Vocational Nurse And Psychiatric Technician Examiners, D. Katz
Board Of Vocational Nurse And Psychiatric Technician Examiners, D. Katz
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo
Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Cal-Osha, B. Lechman, K. Schorr
Cal-Osha, B. Lechman, K. Schorr
California Regulatory Law Reporter
No abstract provided.
Air Resources Board, J. Collins, R. Moore
Air Resources Board, J. Collins, R. Moore
California Regulatory Law Reporter
No abstract provided.
Department Of Pesticide Regulation, K. Dwinnells, H. Hutchinson, E. D'Angelo
Department Of Pesticide Regulation, K. Dwinnells, H. Hutchinson, E. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Fish And Game Commission, M. Brenot, C. Putnam
Fish And Game Commission, M. Brenot, C. Putnam
California Regulatory Law Reporter
No abstract provided.
California Horse Racing Board, T. Taylor, G. Trude
California Horse Racing Board, T. Taylor, G. Trude
California Regulatory Law Reporter
No abstract provided.
Osteopathic Medical Board Of California, H. Bryan
Osteopathic Medical Board Of California, H. Bryan
California Regulatory Law Reporter
No abstract provided.