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Articles 511 - 540 of 541
Full-Text Articles in Entire DC Network
Give Use Your Tired, Your Poor, Your Huddled Masses . . . Except When They Have Hiv: An Analysis Of Current United States Immigration Policy Regarding Hiv-Positive Aliens In Light Of Guantanamo Bay, Jason W. Konvicka
University of Richmond Law Review
On September 30, 1991, a party of military leaders overthrew the first democratically elected government in Haitian history. Although Haiti's former president, Jean Bertrand Aristide escaped to safety, many of his supporters were not so fortunate. Numerous Haitians were tortured and killed due to their political affiliation. Fearing similar persecution, thousands of Haitian nationals abandoned their belongings and fled to the high seas in an attempt to reach the United States. Soon thereafter, the United States Coast Guard began interdicting an increasing number of Haitian boats as they made their way into international waters.
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Scholarly Articles
No abstract provided.
Hiv-Infected Haitian Refugees: An Argument Against Exclusion, Elizabeth Mccormick
Hiv-Infected Haitian Refugees: An Argument Against Exclusion, Elizabeth Mccormick
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Is The United States Government Justified In Indefinitely Detaining Cuban Exiles In Federal Prisons?, Brigitta I. Sandberg
Is The United States Government Justified In Indefinitely Detaining Cuban Exiles In Federal Prisons?, Brigitta I. Sandberg
Penn State International Law Review (1982 - 2011)
No abstract provided.
Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo
Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo
San Diego Law Review
The notion of coverture is that a wife is subordinate to her husband and under his control. This Article describes the common law doctrine of coverture, and the history and impact of coverture in current immigration law. The Article examines the incorporation of the assumptions of coverture into early immigration laws and the failure of Congress to remove coverture premises from more recent immigration legislation. The impact of the law's perpetuation of coverture, or spouse domination, is described. The Article shows that the immigrants harmed by the spouse domination perpetuated by the law are overwhelmingly women. The author proposes legislative …
Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears
Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears
St. Mary's Law Journal
The focus of this study is to survey ethical issues faced by legal practitioners in providing legal counsel for international business transactions, with special attention to lawyers counseling clients who are doing business with Mexico. This paper is intended for lawyers who practice in the United States (U.S.), involved in counseling clients outside the U.S. The purpose of this study is to highlight only those issues that raise special difficulties for such a practitioner, and then to provide practical advice on how to avoid ethical problems in U.S.-Mexico transactions. The Model Rules of Professional Conduct (MPRC), the International Code of …
Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion
Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion
St. Mary's Law Journal
Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …
Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer
Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer
St. Mary's Law Journal
Abstract Forthcoming.
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
St. Mary's Law Journal
Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
St. Mary's Law Journal
As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …
The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray
St. Mary's Law Journal
A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …
Can Shakespeare Make You A Partner., Michael L. Richmond
Can Shakespeare Make You A Partner., Michael L. Richmond
St. Mary's Law Journal
No abstract provided.
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
Washington Law Review
This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
Washington Law Review
This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …
A Research Agenda For Immigration Law: A Report To The Administrative Conference Of The United States, Stephen H. Legomsky
A Research Agenda For Immigration Law: A Report To The Administrative Conference Of The United States, Stephen H. Legomsky
San Diego Law Review
In this Article, Professor Legomsky notes the increased degree of attention on, and the importance of, immigration law. Specifically, Congress amended the Immigration and Nationality Act (INA) and these amendments will require new administrative machinery and present new problems of both law and policy. In addition, numerous immigration bills have been introduced and more are inevitable. In light of this increased attention, the Administrative Conference of the United States set out to identify the specific areas of immigration law in which study of administrative procedures would be especially productive. At the request of the Conference, the author identifies thirteen immigration …
Immigration Marriage Fraud Amendments Of 1986: Till Congress Do Us Part, Eileen P. Lynskey
Immigration Marriage Fraud Amendments Of 1986: Till Congress Do Us Part, Eileen P. Lynskey
University of Miami Law Review
No abstract provided.
Detention Of Aliens, Paul Wickham Schmidt
Detention Of Aliens, Paul Wickham Schmidt
San Diego Law Review
This Article examines the general principles relating to detention of aliens in exclusion and deportation situations. The author surveys the legal issues in various important areas of the detention controversy. The author concludes by exploring how the Immigration and Naturalization Service can most effectively utilize detention in the future.
Setting Bail In Deportation Cases: The Role Of Immigration Judges, Janet A. Gilboy
Setting Bail In Deportation Cases: The Role Of Immigration Judges, Janet A. Gilboy
San Diego Law Review
This Article examines the administrative review process with respect to bail setting by the Immigration and Naturalization Service (INS). The author describes the administrative review process through a case study of bond redetermination applications to immigration judges in Chicago and examines some preliminary data on the consequences of bail decisions for aliens' failure to appear in court and failure to depart the country after being granted voluntary departure. The author suggests the difficulties of both immigration judges and the INS in adequately distinguishing among aliens deserving or undeserving of stronger controls. The author further evaluates several proposals for immigration bail …
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Faculty Scholarship
The Immigration Reform and Control Act of 1986 (IRCA), Congress' attempt to clean up the problem of illegal immigration in the United States, puts a great number of undocumented alien families, mostly Mexican, to a hard test. Under IRCA's amnesty provisions, every alien must individually meet the eligibility requirements, such as having lived in the United States since before January 1, 1982. But many aliens who satisfy these requirements have spouses or children who do not. Thus, while eligible aliens may adjust to a legal immigration status, their ineligible family members must either leave the United States or remain illegally, …
En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander
En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander
West Virginia Law Review
No abstract provided.
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
St. Mary's Law Journal
Abstract Forthcoming.
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
St. Mary's Law Journal
This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …
Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford
Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford
St. Mary's Law Journal
Abstract Forthcoming.
Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin
Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin
San Diego Law Review
This synopsis outlines significant developments in immigration law from July 1982 through July 1983.
An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert
Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
Voluntary Admission Of Minors To Mental Hospitals In Texas: A Proposal., Jane S. Snow
Voluntary Admission Of Minors To Mental Hospitals In Texas: A Proposal., Jane S. Snow
St. Mary's Law Journal
Abstract Forthcoming.
Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee
Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee
Michigan Journal of International Law
Part I of this note provides an overview of federal legislation regarding admissions of unaccompanied refugee children. Part II describes various obstacles to a smooth transition from the child's admission into the United States to his or her placement by a state court with a permanent legal custodian who ensures that the child receives care and supervision. Problems in this area frequently result from uncertainties regarding long-term financial responsibility for the child. Also common are procedural difficulties in introducing unaccompanied refugee children into state child welfare systems. Part III then focuses on conflicts arising after the child's placement, when the …
Right To Counsel In Deportation Proceedings, Iring A. Appleman
Right To Counsel In Deportation Proceedings, Iring A. Appleman
San Diego Law Review
Does an indigent alien have a right to assigned counsel in deportation proceedings? The likelihood seems remote because the statute states that "the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose. Nevertheless, recent decisions have emphasized a persistent judicial concern in this area. This Article's purpose is to present an overview of the representation of aliens in deportation cases and specifically to inquire whether there is either an irrefutable legal basis for a requirement of assigned counsel or a felt need. …
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.