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Full-Text Articles in Law
Swords Into Ploughshares: Why The United States Should Provide Refuge To Young Men Who Refuse To Bear Arms For Reasons Of Conscience, Karen Musalo
San Diego Law Review
In this Article, Professor Musalo argues that fulfillment of the letter and spirit of the Refugee Act requires granting asylum to "conscientious objectors." The U.S. passed the Refugee Act in 1980 and set forth within it a definition of refugee. Overtime, the INS has advocated for a limitation to this definition and the Board of Immigration Appeals (Board) has generally acquiesced. As interpreted, the young man who flees his home country rather than be forced to join the military and participate in activities in violation of his religious, moral, or political convictions either can not seek political asylum in the …
Freitas After Villegas: Are Sneak-And-Peek Search Warrants Clandestine Fishing Expeditions, Gail Armist
Freitas After Villegas: Are Sneak-And-Peek Search Warrants Clandestine Fishing Expeditions, Gail Armist
San Diego Law Review
This Note examines federal circuit law in the area of covert warrants. Specifically it discusses a Second Circuit Court of Appeals decision upholding a warrant that authorized surreptitious entry into private premises in light of Ninth Circuit law striking down a similar warrant for failure to provide for reasonable post search notice. The author analyzes the potential effects of the Second Circuit's decision on the area of covert warrants in the Ninth Circuit and examines the constitutionality of these warrants. After placing the covert warrants in the context of the Constitution, Title III of the Omnibus Crime Control and Safe …
Review Of Visa Denials: The American Consul As 20th Century Absolute Monarch, Leon Wildes
Review Of Visa Denials: The American Consul As 20th Century Absolute Monarch, Leon Wildes
San Diego Law Review
In this Article, Mr. Wildes argues that the lack of any meaningful administrative or judicial review of the denial of United States entry visas is one of the major outrages of the American immigration system. The issue arises out of a denial of certiorari in Centeno v. Shultz, an appeal from the Fifth Circuit Court of Appeals. The Court of Appeals had held that a consular determination denying an alien's application for a visitor's visa to the U.S. was not subject to judicial review. The court argued it lacked jurisdiction. The author questions the power of Congress to limit the …
Restricting The Use Of Sound-Alikes In Commercial Speech By Amending The Right Of Publicity Statute In California, Katherine L. Blanck
Restricting The Use Of Sound-Alikes In Commercial Speech By Amending The Right Of Publicity Statute In California, Katherine L. Blanck
San Diego Law Review
In this Comment, the author discusses the trend in the entertainment and advertising media of selling celebrity personas in connection with the promotion of commercial products. The trend has progressed such that advertisements are using an imitation of a celebrity voice to attract attention to a product. These advertisements are dubbed "sound-alike" commercials because they involve a third person attempting to sound like a particular celebrity. The author argues that the current legal framework is inadequate to protect the rights of the celebrity. He suggests that the California legislature amend the right of publicity statute to encompass these vocal imitations. …
From Definition To Exploration: Social Groups And Political Asylum Eligibility, Maureen Graves
From Definition To Exploration: Social Groups And Political Asylum Eligibility, Maureen Graves
San Diego Law Review
In this Article, Professor Graves argues that courts should neither pioneer nor acquiesce in attempts to reduce asylum eligibility to a level more "realistic" than that mandated by Congress. Mr. Graves argues that undue obstacles already exist for political asylum applicants. The government is raising the bar even higher by defining and applying the concept of "persecution" on account of "membership in a particular social group." In its attempts to define these words, the Judiciary has come into conflict with flexibility intended by Congress when it passed the Immigration and Nationality Act. The Article examines the congressional intent and the …
Report Of The Committee On Immigration And Nationality Law Of The Association Of The Bar Of The City Of New York: An Analysis Of Discrimination Resulting From Employer Sanctions And A Call For Repeal, Martha F. Davis, Lucas Guttentag, Allan H. Wernick
Report Of The Committee On Immigration And Nationality Law Of The Association Of The Bar Of The City Of New York: An Analysis Of Discrimination Resulting From Employer Sanctions And A Call For Repeal, Martha F. Davis, Lucas Guttentag, Allan H. Wernick
San Diego Law Review
In this Article, Ms. Davis and Messrs. Guttentag and Wernick analysis the legislative history of the Immigration Reform and Control Act (IRCA) signed into law on November 6, 1998. Their analysis indicates that in preparing the Act, the Government Accounting Officer (GAO) adopted an unduly stringent standard, limiting the types of employment discrimination relevant to its inquiry, understating the level of discrimination reflected in the data and requiring quantification of the victims of any discrimination and evidence of a wide geographic or cross-industry spread of discrimination. After setting forth its analysis, the Committee on Immigration and Nationality Law of the …
National Collegiate Athletic Association V. Tarkanian: If Ncaa Action Is Not State Action, Can Its Members Meaningfully Air Their Dissatisfaction, Susan Westover
San Diego Law Review
In National Collegiate Athletic Association v. Tarkanian, the United States Supreme Court held that the NCAA is not amenable to the constitutional restraints of the fourteenth amendment. Specifically, the Court found that certain conduct by the NCAA in its appellate procedures is not state conduct, a requirement necessary to invoke the fourteenth amendment. This Note addressed the significance of the Court's finding. It argues that adherence to the above rule may lead to an inequitable and inadequate procedure for student athletes and member schools. In conclusion, the Note presents a viable alternative for those members seeking fair procedural treatment when …