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Articles 1 - 30 of 94
Full-Text Articles in Law
A New Look At Actual Minimum Job Requirements And Experience In Similar Occupations And With The Same Employer: Balca's 20 C.F.R. Section 656.21 (B)(6), Lorna Rogers Burgess
A New Look At Actual Minimum Job Requirements And Experience In Similar Occupations And With The Same Employer: Balca's 20 C.F.R. Section 656.21 (B)(6), Lorna Rogers Burgess
San Diego Law Review
In this Article, Ms. Burgess discusses the Board of Alien Labor Certification Appeals (BALCA) which was created by an amendment to 20 C.F.R. § 656.26 and § 656.27. Ms. Burgess asserts that the creation of BALCA has significantly improved the system of adjudication of Applications for Alien Employment Certification. Though BALCA has exerted viable standards, these standards are far from providing analytically sound and practical guidance to practitioners and Certifying Officers. The author suggests that good lawyering in the future may improve BALCA's jurisprudence.
Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley
Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley
San Diego Law Review
In this Article, Mr. Feeley, discusses the historical roots of the power of the Church to provide sanctuary to those in fear of life and limb. Tracing its historical roots, the author identifies three elements of sanctuary - person, place, governmental check. He then demonstrates that the American Sanctuary Movement contains these defining elements of historical sanctuary. An analysis of the Sanctuary Movement concludes that, despite its different features and cultural locus, the Movement embodies the ancient elements of person, place and governmental check transformed, rather than transubstantiated by the American context.
United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller
United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller
San Diego Law Review
In the Article, Mr. Miller demonstrates how cross-border direct investment in the U.S. through a foreign company's acquisition of a domestic business necessitates careful immigration planning. He speaks directly to the investor and shows that a main priority is the quick and efficient transfer foreign personnel and the employment of foreign graduates. Recognizing the complexity of federal statutes and regulations governing foreign investment, the author concludes that a foreign investor will need to quickly learn that an effective immigration strategy is necessary to successfully do business in the U.S.
Expatriation In The United States: Precept And Practice Today And Yesterday, Alan G. James
Expatriation In The United States: Precept And Practice Today And Yesterday, Alan G. James
San Diego Law Review
In this Article, Mr. James traces the historical roots of expatriation to its current application in present-day law, regulations and procedures. Using as a reference point both the expatriation of the American novelist Henry James and the United States Supreme Court's 1990 decision in Vance v. Terrazas, the author highlights the major facets of expatriation. Specifically, the author focuses on processing and documentation of loss of nationality cases, development of the role of the Department of State in expatriation, the constituent elements of a determination of loss of nationality, and administrative and judicial review of holdings of loss of citizenship …
Reclaiming The Beautiful Island: Taiwan's Emerging Environmental Regulation, Michael Scott Feeley
Reclaiming The Beautiful Island: Taiwan's Emerging Environmental Regulation, Michael Scott Feeley
San Diego Law Review
In this Article, Mr. Feeley, provides an introduction to the Taiwanese environmental regulatory scheme emerging from Taiwan's unique circumstances (economic influence and ecological crises) and the potential economic impact that may result. The author reviews the development of the centuries-old colony into an independent and powerful state. He then provides an overview of the specific environmental laws, regulations and policies already in place and previews those being developed. Lastly, he discusses potential economic effects of the new environmental scheme. In conclusion, the author envisions the shrewd commercial acumen and diligence which fueled Taiwan's rise in the world market as a …
A Free Trade Agreement Between The United States And Mexico: The Right Choice, Jesus Silva, Richard K. Dunn
A Free Trade Agreement Between The United States And Mexico: The Right Choice, Jesus Silva, Richard K. Dunn
San Diego Law Review
In this Article, Messrs. Silva and Dunn demonstrate that the intended Free Trade Agreement (FTA) between the United States and Mexico is a natural and necessary step in the two countries' economic relations. Their approach is to trace the steps which have led to the FTA and to analyze the evolution and progression of Mexican economic, legal, and political polices which have reached a point permitting and necessitating a trade pact. An agreement between the two countries is both logical and compelled though it will have permanent consequences and potential obstacles. Nevertheless, the agreement must be implemented and with an …
Awarding Fair Compensation To Bankruptcy Trustees, Katherine Kruis
Awarding Fair Compensation To Bankruptcy Trustees, Katherine Kruis
San Diego Law Review
For almost a century, bankruptcy trustees have argued with courts regarding appropriate compensation. In 1899, a trustee petitioned the court for a lump sum in lieu of the 3 percent commission allowed under the 1898 Bankruptcy Act. The court held that "the 3 percent commission was amply compensation for all the services performed, and it was the only type of compensation allowed under the [A]ct." In 1986, a trustee submitted a fee application to the court based upon the maximum statutory amount allowed under the 1978 Bankruptcy code. The bankruptcy court reduced the fee. On appeal, the district court affirmed …
Illinois V. Perkins, Marty Jaquez
Illinois V. Perkins, Marty Jaquez
San Diego Law Review
In Illinois v. Perkins, the United States Supreme Court held that an undercover police officer need not give Miranda warnings before questioning an incarcerated suspect. In doing so, the Court found that the interests protected by Miranda are not implicated when a suspect does not know the identity of his interrogator. This Note analyzes the Court's reasoning in light of the concerns that motivated the Miranda Court. The analysis reveals that the Perkins reflects the Court's propensity to undermine the Miranda. Unlike other Supreme Court cases creating exceptions to Miranda, Perkins permits deliberate police deception in obtaining an unwarned confession …
Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth
Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, Jane K. Babin
Board Of Optometry, Jane K. Babin
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Nicole Slanker
Board Of Pharmacy, Nicole Slanker
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Allen R. Greenway
Veterinary Medical Board, Allen R. Greenway
California Regulatory Law Reporter
No abstract provided.
Athletic Commission, Shannon L. Kelly, J. D. Fellmeth
Athletic Commission, Shannon L. Kelly, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth
State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Corporations, Athanasia Economy, J. D. Fellmeth
Department Of Corporations, Athanasia Economy, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, Rusty Nichols
Office Of Administrative Law, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
Little Hoover Commission, Elisa D 'Angelo Weichel
Little Hoover Commission, Elisa D 'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Bureau Of State Audits, Elisa D 'Angelo Weichel
Bureau Of State Audits, Elisa D 'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Legislative Committee Abbreviations
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
Board Of Behavioral Sciences, Matthew F. Archbold
Board Of Behavioral Sciences, Matthew F. Archbold
California Regulatory Law Reporter
No abstract provided.
Department Of Corporations, Athanasia Economy, J. D. Fellmeth
Department Of Corporations, Athanasia Economy, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Dental Examiners, J. D. Fellmeth
Board Of Dental Examiners, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth
Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Gina Clark-Bellak
Board Of Registered Nursing, Gina Clark-Bellak
California Regulatory Law Reporter
No abstract provided.
Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth
Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Psychology, Jonathan Steer
Board Of Psychology, Jonathan Steer
California Regulatory Law Reporter
No abstract provided.
Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth
Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Contractors State License Board, J. D. Fellmeth
Contractors State License Board, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.