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Full-Text Articles in Law
Alien Rights And Government Authority: An Examination Of The Conflicting Views Of The Ninth Circuit Court Of Appeals And The United States Supreme Court, Sana Loue
San Diego Law Review
This Article examines the conflicting decisions of the Ninth Circuit Court of Appeals for the Ninth Circuit and the United States Supreme Court in the area of immigration and nationality law. The author examines the decisions of both courts, the precedents culminating in these conflicting decisions, and the views of these courts of their proper role in this area of law. The author argues that despite cautioning the Ninth Circuit to refrain from legislating law judicially, the Supreme Court has itself been an activist court that has allocated greater power to the federal government at the expense of individual rights, …
Naturalization Of Filipino War Veterans, David W. Sherman
Naturalization Of Filipino War Veterans, David W. Sherman
San Diego Law Review
This Comment addresses the issues surrounding the naturalization of Filipino war veterans. The author summarizes the historical background of this problem and suggests that, although during World War II Congress expanded naturalization opportunities for thousands of foreign soldiers across the world, the INS purposefully deprived Filipino veterans of the opportunity to apply for American citizenship. The author examines the decisional law to determine the nature and status of the issues involved in the naturalization of Filipino veterans and comments on future issues that might affect the efforts of Filipino veterans to secure the benefits of the wartime naturalization legislation.
The Problem With General Utilites: Are There Solutions, Dennis J. Doucette
The Problem With General Utilites: Are There Solutions, Dennis J. Doucette
San Diego Law Review
This Comment examines the discussion surrounding the General Utilities doctrine, which states, with certain exceptions, that a corporation does not recognize gain upon distribution of appreciated assets. The author examines corporate tax law, and the development of the General Utilities doctrine and the problems associated with its application and usage. The author examines the various arguments for repeal of the General Utilities doctrine and discusses potential solutions to the General Utilities problem, including complete repeal of the doctrine, implementation of a flat tax and integration of the personal and corporate income tax systems.
Professional Responsibility In Immigration Practice And Government Service, Robert G. Heiserman, Linda K. Pacun
Professional Responsibility In Immigration Practice And Government Service, Robert G. Heiserman, Linda K. Pacun
San Diego Law Review
This Article examines the various mechanisms for assuring professional responsibility in immigrations practice and related government service. The author discusses the authority of the courts, the Immigration and Naturalization Service, and the states that discipline individual practitioners whose conduct violates ethical standards. The author further examines some of the ethical problems that frequently arise in immigration practice and describes the types of sanctions imposed. The author concludes by detailing the various standards of professional responsibility that regulate the conduct of government employees.
Streamlining Deportation Proceedings: Self-Incrimination, Immunity From Prosecution And The Duty To Testify In A Deportation Context, Henry G. Watkins
Streamlining Deportation Proceedings: Self-Incrimination, Immunity From Prosecution And The Duty To Testify In A Deportation Context, Henry G. Watkins
San Diego Law Review
This Article examines several recent legislative proposals to streamline deportation proceedings and outlines a non-legislative proposal to streamline many deportation cases. The author addresses, in the deportation context, the invocation of the right against self-incrimination and offers a proposal to grant immunity from prosecution to persons in deportation proceedings, thus triggering the "duty to testify." The author argues that this proposal will eliminate many of the evidentiary and procedural problems now common in deportation proceedings and will result in a savings of time and resources.
Foreword, Maurice A. Roberts
Foreword, Maurice A. Roberts
San Diego Law Review
The editors and contributors to the San Diego Law Review deserve the sincere gratitude of the growing body of persons, lawyers, and lawmen alike, interested in the latest developments in the dynamic field of immigration and nationality law.
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 …
The Proper Role Of Discretion In Political Asylum Determinations, Arthurc. Helton
The Proper Role Of Discretion In Political Asylum Determinations, Arthurc. Helton
San Diego Law Review
This Article examines the limits of discretion in asylum adjudications. The author describes recent administrative and judicial decisions regarding discretion, including the Supreme Court decision in INS v. Stevic. The author continues on to analyze the limits of administrative discretion under the Refugee Act of 1980 and international law, including the Protocol relating to the Status of Refugees and customary international legal principles respecting family reunification. The author concludes that an unprincipled expansion of the role of discretion in asylum cases could threaten the right to apply for asylum in the United States.
The Need For Regulation Of Artificial Insemination By Donor, Richard J. Doren
The Need For Regulation Of Artificial Insemination By Donor, Richard J. Doren
San Diego Law Review
This Comment examines some of the legal issues surrounding the increased use of conception by artificial insemination by donor. The author argues that, while artificial insemination is becoming increasingly significant, it continues to be practiced by doctors without any guidelines for donor selection or a standardized system of record keeping. The author examines the current state of the artificial insemination system and the potential dangers presented by this unregulated system. The author concludes by presenting a model statute for regulating artificial insemination by donor.
Defining A Single Entity For Purposes Of Section 1 Of The Sherman Act Post Copperweld: A Suggested Approach, Thomas W. Mcnamara
Defining A Single Entity For Purposes Of Section 1 Of The Sherman Act Post Copperweld: A Suggested Approach, Thomas W. Mcnamara
San Diego Law Review
This Comment examines the Supreme Court's recent decision in Copperweld Corp. v. Independence Tube Co., in which the Court ruled that a parent and wholly owned subsidiary were a single entity and were, therefore, incapable of violating section 1 of the Sherman Act, which proscribes joint activity between independent business entities that restrains trade. The author examines the intra-enterprise conspiracy doctrine, examines the various approaches used by the various circuits to determine when affiliated corporations should be considered a single entity, and evaluates two possible alternatives to these tests. The author concludes by proposing a new approach, which would seek …
Community Reimbursement For A Professional Degree Upon Dissolution, Susan C. Peshel
Community Reimbursement For A Professional Degree Upon Dissolution, Susan C. Peshel
San Diego Law Review
This Comment examines the recent amendments to the California Civil Code, which require that, at divorce, that the community be reimbursed for the costs of an education of training acquired during marriage. The author examines these new code provisions in relation to prior California case law, contrasts these provisions with responses taken by other states with respect to this issue, and examines the legislative history surrounding the passage of these provisions. The author then discusses the practical implications of the amendments, and examines the interrelationship of this reimbursement remedy with the California community property system.
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.
Recent Developments In The Law Of The Sea 1983-1984, John A. Clemons
Recent Developments In The Law Of The Sea 1983-1984, John A. Clemons
San Diego Law Review
This Synopsis examines major events occurring between December 1983 and December 1984 that affect the law of the sea. It discusses military uses of the world's ocean space that impaired free and peaceful navigation of the world's seas in 1984, the United Nations Convention on the Law of the Sea and related issues, marine environment pollution, marine mammals, Antarctica, and the St. Georges Bank controversy.
Assessing The Reality Of The Deep Seabed Regime, John King Gamble Jr.
Assessing The Reality Of The Deep Seabed Regime, John King Gamble Jr.
San Diego Law Review
This Article argues that, in order to be effective, international law must stand in some direct relation to state practice and that the gap between legal prescription and state practice must not be too large or the law will be ineffective. The author examines this gap in relation to the deep seabed provisions of the 1982 United Nations Convention on the Law of the Sea and suggests that, if the gap is not narrowed, the treaty may never enter into force.
The Legal Character Of The Right To Explore And Exploit The Natural Resources Of The Continental Shelf, F. V.W. Penick
The Legal Character Of The Right To Explore And Exploit The Natural Resources Of The Continental Shelf, F. V.W. Penick
San Diego Law Review
This Article examines the need for the legal characterization of the rights of coastal states to explore and exploit the natural resources of its continental shelf. The author discusses the need for such characterization and reviews the law regarding analogous onshore mineral rights. The author examines the negotiations that lead to the final wording of the Geneva Convention on the Continental Shelf and the subsequent conduct of nations, and concludes that coastal states enjoy real property rights in the natural resources located on its continental shelf.
Management Of Large Marine Ecosystems: Developing A New Rule Of Customary International Law, Martin H. Belsky
Management Of Large Marine Ecosystems: Developing A New Rule Of Customary International Law, Martin H. Belsky
San Diego Law Review
This Article examines the legal framework for regulating activities in the ocean and how this has affected the management of coastal and marine ecosystems. The author argues that, historically, international law rules have hindered attempts to establish comprehensive approaches to controls over marine uses. The author suggests that recent developments in the establishment of both a treaty and the customary law of the sea may provide an opportunity for the emergence of new international norms requiring total ecosystem management regimes. The author concludes with suggested options for multi-national attempts to total ecosystem management and to secure its establishment as a …
Self-Determination In Hong Kong: A New Challenge To An Old Doctrine, Eric M. Amberg
Self-Determination In Hong Kong: A New Challenge To An Old Doctrine, Eric M. Amberg
San Diego Law Review
This Comment examines the upcoming transition of Hong Kong as a "special administrative region" of the People's Republic of China (PRC) in 1997. The author argues that, in addition to the economic freedoms that will be preserved in Hong Kong, the people of Hong Kong should be guaranteed the right of self-determination in order to increase the level of confidence with which the people of Hong Kong view this transition. The author examines the history of the sovereign claims to Hong Kong and the substance of the transition agreement between Great Britain and the PRC. The author concludes that the …
The Legal Implications Of United States Policy Toward Nicaragua: A Machiavellian Dilemma, Keith T. Schulz
The Legal Implications Of United States Policy Toward Nicaragua: A Machiavellian Dilemma, Keith T. Schulz
San Diego Law Review
This Comment examines the impact on international law of the claims by Nicaragua that recent United States' actions violate specific norms of international law and behavior and the claims by the United States that its actions are legal under international principles of collective self-defense. This Comment examines these claims under the relevant rules of international law and concludes that the methods employed by the United States were in violation of international standards of behavior.
Freedom Of Fisheries Research In The U. S. In The Best Interest Of The United States, William L. Sullivan Jr.
Freedom Of Fisheries Research In The U. S. In The Best Interest Of The United States, William L. Sullivan Jr.
San Diego Law Review
This Article examines the issue of whether the latitude granted to marine researchers has resulted in significant damage to the fisheries resources of the United States. The author further examines the informal procedures whereby illegal fishing activity, under the guise of research, is minimized.
Watchout Watchmen! Congress Has Excluded Security Employees From "Maritime Employment" Coverage Under The Longshore And Harborworkers' Compensation Act Amendments Of 1984, Kenneth J. Witherspoon
Watchout Watchmen! Congress Has Excluded Security Employees From "Maritime Employment" Coverage Under The Longshore And Harborworkers' Compensation Act Amendments Of 1984, Kenneth J. Witherspoon
San Diego Law Review
This Comment examines the recent Congressional decision that individuals employed exclusively to perform security work are no longer covered under the Longshore and Harbor Workers' Compensation Act (LHWCA). The author argues that watchmen had been traditionally covered both before and after Congress added a "status" test for coverage in 1972. Examining the pre and post-1972 decisional history, the author argues that because Congress eliminated the jurisdictional dilemma which formerly served as the main justification for extending LHWCA coverage, the 1984 LHWCA amendments excluding coverage are consistent with those previous judicial decisions extending coverage to watchmen.
Korean Airline Flight 007: Stalemate In International Aviation Law- A Proposal For Enforcement, Jeffrey D. Laveson
Korean Airline Flight 007: Stalemate In International Aviation Law- A Proposal For Enforcement, Jeffrey D. Laveson
San Diego Law Review
This Comment addresses the limitations in international law enforcement issues and the vulnerability of civilian passengers during international travel, which arose after the crash of Korean Airline Flight 007. The author argues that existing enforcement schemes leave much to be desired and that, while the use of economic sanctions is a common thread among various international tribunals, the piecemeal application of such sanctions are rarely effective and often prohibitively burdensome on the imposing parties. The author proposes several new multilateral economic enforcement schemes, which hope to balance the interest of national security with safe international travel.
Foreword, Myron H. Nordquist
Foreword, Myron H. Nordquist
San Diego Law Review
The editors of the 1984 Law of the Sea Symposium asked that this Foreword concentrate on the future developments of the law of the sea. Implicit in the request is the assumption that the post-1984 period merits an examination of where the law of the sea is headed. the editors' assumption is a valid one. On the final date for signature, December 10, 1984, there were 159 signatures to the United Nations Convention on the Law of the Sea the Convention. This number alone justifies the exploration of what lies ahead in the new era of oceans law, ushered in …
Compensation For Collegiate Athletes: A Run For More Than The Roses, Leonard M. Shulman
Compensation For Collegiate Athletes: A Run For More Than The Roses, Leonard M. Shulman
San Diego Law Review
This Comment examines the current state of pay-for-play arrangements between the universities and their athletes, and the restrictions and penalties imposed by the National Collegiate Athletic Association (NCAA). The author explores the propriety of these sanctions in situations where the student athletes are defined as employees of their universities and argues that, if an athlete can be characterized as an employee, the NCAA sanctions would become vulnerable to both antitrust and equal protection attacks. Challenging the organization's authority and imposition of restrictions on student athletes, the author argues that students should be compensated well above the level provided for by …
Dedication, Sheldon Krantz
Dedication, Sheldon Krantz
San Diego Law Review
Dedication to Professor Nathaniel L. Nathanson.
Sexual Offenders And The Use Of Depo-Provera, Lauren J. Abrams
Sexual Offenders And The Use Of Depo-Provera, Lauren J. Abrams
San Diego Law Review
This Comment examines the use of Depo-Provera as a method of controlling criminal, sexually offensive behavior. The author discusses the legal and ethical concerns surrounding its use, with specific focus on the concerns of mandated medicine, informed consent, and the necessity for both punishment and rehabilitation. The author also suggests criteria for choosing appropriate candidates for Depo-Provera, as well as guidelines for treatment programs. The author concludes that the recognition of a medical component to this behavior offers hope for protection to sexual offenders and future victims, a hope that incarceration alone has been unable to provide.
The Concept Of Equal Protection Of The Laws-A Historical Inquiry, Earl A. Maltz
The Concept Of Equal Protection Of The Laws-A Historical Inquiry, Earl A. Maltz
San Diego Law Review
This Article examines the argument that the equal protection clause of the fourteenth amendment was intended to prevent discrimination against certain groups, and contends that this argument is based upon an incorrect reading of the historical evidence. The author outlines the difficulties in classification based theories of the drafter's intent and identifies the historical bases on the concept of the right to protection. The author argues that the primary function of the equal protection clause was to guarantee the right to "protection of the laws" to all persons rather than to outlaw discrimination generally against a specific class or classes.
Cancelled Utility And Traditional Ratemaking Theories: Are Either Used And Useful, Phillip L. Poirier Jr.
Cancelled Utility And Traditional Ratemaking Theories: Are Either Used And Useful, Phillip L. Poirier Jr.
San Diego Law Review
This Comment reviews and analyzes recent regulatory proceedings and decisions on cancelled plant losses and the means by which regulatory agencies have attempted to apply traditional ratemaking theories to allocate the losses between ratepayers and shareholders. The author provides a background on the investor owned electric utility industry and its regulatory aspects, as well as some of the ratemaking theories. The author concludes by providing recommendations for improving the application of traditional ratemaking theories to cancelled plant losses.
Antenuptial Agreements And California Law: Building Confidence, Linda D. Fort
Antenuptial Agreements And California Law: Building Confidence, Linda D. Fort
San Diego Law Review
This Comment examines the legal issues surrounding the increased popularity of antenuptial agreements. The author argues that California law has failed to recognize the close and trusting nature of the parties' relationship and has treated prospective spouses as arm's-length adversaries. The author examines the validity of California's "arm's-length" analysis of antenuptial agreements and contrasts this approach with that of the majority of jurisdictions, which impose a fiduciary relationship on parties entering into antenuptial agreements. The author concludes that the California legislature should adopt the majority view, in accordance with public policy and the intimations of the California Supreme Court.