Law Commons^™

A Chance For Redemption: Revising The "Persecutor Bar" And "Material Support Bar" In The Case Of Child Soldiers, Kathryn White

Vanderbilt Journal of Transnational Law

Armed groups in conflicts around the world frequently exploit child soldiers. Despite the unique experience of child soldiers, who are frequently recruited by means of force and deceit, immigration law as it is currently applied may bar former child soldiers from receiving asylum in the United States. In particular, the prevailing agency interpretation of the "persecutor bar" and the "material support bar" equates child soldiers with adults who have committed serious atrocities. This Note argues that the application of these asylum bars to former child soldiers runs against social values and standards of moral culpability in the United States. Child …

Removing The Venom From The Snakehead: Japan's Newest Attempt To Control Chinese Human Smuggling, Ian Peck

Vanderbilt Journal of Transnational Law

This Note examines Japan's 1997 Amendment to the Immigration Control and Refugee Recognition Act as a response to illegal Chinese immigration. Part II of the Note identifies and explains the international human smuggling crisis. Part III examines Sino-Japanese human smuggling. Finally, Part IV analyzes the Immigration Control and Refugee Recognition Act in detail and suggests some of the Act's shortcomings.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE EXTENDS TO FOREIGN CRIMINAL INVESTIGATIONS WHERE UNITED STATES NARCOTICS AUTHORITIES REASONABLY RELIED ON FOREIGN LAW ENFORCEMENT OFFICERS' REPRESENTATIONS THAT SEARCH COMPLIED WITH THE FOREIGN COUNTRY'S LAW--United States v. Peter-son, 812 F.2d 486 (9th Cir. 1987).

ASSETS OF A WHOLLY-OWNED FOREIGN INSTRUMENTALITY ARE NOT SUBJECT TO ATTACHMENT TO SATISFY JUDGMENT AGAINST A FOREIGN STATE UNLESS PLAINTIFF OVERCOMES PRESUMPTION OF INDEPENDENT STATUS--Hercaire Int'l, Inc. v. Argentina, 821 F.2d 559(11th Cir. 1987).

UNITED STATES DISTRICT COURT HAS SUBJECT MATTER JURISDICTION OVER MEXICAN CONSULAR OFFICIALS FOR THEIR ALLEGED ATTEMPTS TO SUPPRESS CRITICAL DEMONSTRATIONS OUTSIDE MEXICAN CONSULATE IN …

The Foreign Investor: Current Approaches Toward United States Immigration Law, Austin T. Fragomen, Jr., Gwendolyn M. Robosson

Vanderbilt Journal of Transnational Law

The topic of representing the foreign investor under the Immigration and Nationality Act is one of growing significance. Increases in the inflow of foreign funds have been substantial, with net foreign investment in the United States rising to an annual rate of more than eighty billion dollars in the second quarter of 1984, compared to thirty-four billion dollars in 1983. The foreign investor seeking entry into the United States to oversee an investment enterprise faces, however, a dearth of directly relevant provisions in the Immigration and Nationality Act. This article addresses the salient features of United States immigration law relating …

Rethinking Exclusion--The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell

Vanderbilt Journal of Transnational Law

This Article will build upon the stable foundation presented in the arguments that challenged, the "Nishimura" maxim, and will discuss major flaws in the practice of indefinitely detaining excludable aliens in the context of the Cubans who have been detained in various parts of the United States since their arrival in 1980. First, the Article focuses on the practical merits of the use of indefinite detention as a means of immigration policy. The Article concludes that the practice, which is extremely expensive, does not appear to limit mass migrations, and offers, at best, only a few benefits. Second, the Article …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

MILITARY ACTIVITIES OF THE PROVISIONAL IRISH REPUBLICAN ARMY FALL WITHIN THE SCOPE OF THE POLITICAL OFFENSE EXCEPTION TO THE TREATY OF EXTRADITION BETWEEN THE UNITED STATES AND THE UNITED KINGDOM--In the Matter of the Requested Extradition of Joseph Patrick Thomas Doherty, Crim. Misc. No. 83-1(S.D.N.Y. Dec. 12, 1984).

THE IMMIGRATION AND NATIONALITY ACT PERMITS THE DEPORTATION OF AN ALIEN WHEN THE IMMIGRATION AND NATURALIZATION SERVICE ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE ALIEN, UNDER THE AEGIS OF NAZI GERMANY, PERSONALLY AND ACTIVELY PARTICIPATED IN THE PERSECUTION OF INDIVIDUALS BECAUSE OF THEIR POLITICAL OPINIONS--Laipenieks v. Immigration and Naturalization Service, No. …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

ADMIRALTY JURISDICTION EXISTS IN CASES STEMMING FROM BOAT COLLISIONS ON NAVIGABLE WATERS REGARDLESS OF THE COMMERCIAL OR NONCOMMERCIAL NATURE OF THE VESSELS INVOLVED--Foremost Insurance Co. v. Richardson, 102 S. Ct. 2654 (1982).

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SHIPOWNER MAY ATTACH CHARACTER'S PROPERTY AS SECURITY FOR BREACH OF A CHARTER CONTAINING A FORUM SELECTION CLAUSE--Polar Shipping, Ltd. v. Oriental Shipping Corp., 680 F.2d 627 (9th Cir. 1982).

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WORKER EMPLOYED ABOARD AN OFFSHORE DRILLING PLATFORM MAY BRING A CLAIM UNDER MARITIME TORT LAW FOR WRONGFUL DISCHARGE--Roberie v. Gulf Oil Corp., No. 820013 (W.D. La.Aug. 4, 1982)

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THE IMMIGRATION AND NATURALIZATION ACT DOES NOT APPLY …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. Aliens' Rights

Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws

Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers

Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person

2. European Economic Community

Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in …

Recent Decisions, Jamie S. Martin, Margaret H. Fiorillo, J. Andrew Hoyal, Ii

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--COMMERCE CLAUSE--STATE TAX ON INSTRUMENTALITIES OF FOREIGN COMMERCE INVALID WHEN TAX RESULTS IN MULTIPLE TAXATION AND IMPAIRS FEDERAL UNIFORMITY IN REGULATION OF FOREIGN TRADE

Jamie S. Martin

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IMMIGRATION--LAWFUL UNRELINQUISHED DOMICILE--DEPORTABLE RESIDENT ALIEN MUST ACCUMULATE SEVEN YEARS OFLAWFUL DOMICILE SUBSEQUENT TO ADMISSION FOR PERMANENT RESIDENCE TO BE ELIGIBLE FOR DISCRETIONARY RELIEF

Margaret H. Fiorillo

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LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--MANUFACTURER MAY SUE STEVEDORE FOR INDEMNIFICATION FROM LIABILITY ARISING OUT OF LONGSHOREMEN'S INJURIES--THEORY OF EQUITABLE CREDIT DOES NOT APPLY TO THE LHWCA

J. Andrew Hoyal, II

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

A Time Charterer is not Liable as Owner Pro Hac Vice for Injuries Incurred by Employees of the Vessel's Owner in the Course of their Employment

U.S. Violation of Regulation in Deportation Proceeding Renders Alien's Deportation Unlawful only if Such Violation Prejudiced the Alien's Interests Protected by the Regulation

Where Information Regarding Weight of Suitcase Checked with Airline is Undocumented, Liability Limitation of the Warsaw Convention does not Apply

Cultural Exchange Agreements involving Payment Constitute Commercial Activity and are not Immune under the Foreign Sovereign Immunities Act