Law Commons^™

Medical Examination Of Aliens: A Policy With Ailments Of Its Own?, Victoria L. Bennett

University of Arkansas at Little Rock Law Review

No abstract provided.

The American Dream—For The Lucky Ones: The United States' Confused Immigration Policy, Garnet K. Emery

University of Arkansas at Little Rock Law Review

No abstract provided.

Japanese-Americans Still Waiting For Payment, Chester Smolski

Smolski Texts

"The Victory Day holiday, or 'V-J Day' as it's still called, was recently enjoyed as a long weekend in Rhode Island. It is the only state to recognize the end of World War II in this manner, and the practice still raises questions about its validity 44 years after the fact."

The Status Of Section 5 Of The Immigration Marriage Fraud Amendments Of 1986 Since Smith V. Ins: No Relief From The Courts But A Hope For Amendment, Michael Evans

BYU Law Review

No abstract provided.

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 …

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 …

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 …

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

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. …

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 …

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 …

Chadha, Abner J. Mikva

Michigan Law Review

A Review of Chadha by Barbara Hinkson Craig

The Mccarran-Walter Act And Ideological Exclusion: A Call For Reform, Alison E. Clasby

University of Miami Law Review

No abstract provided.

Restricting The Flow Of Asylum-Seekers In Belgium, Denmark, The Federal Republic Of Germany, And The Netherlands: New Challenges To The Geneva Convention Relating To The Status Of Refugees And The European Convention On Human Rights, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Some Issues Of Immigration Law In A Developing State, Miriam Defensor Santiago

Michigan Journal of International Law

This article outlines some basic issues of immigration law that will be discussed during this process of reform. These issues, each of which constitutes a separate section, include the legal basis for deportation under Philippine jurisprudence; the power to issue a warrant of arrest against an alien; the power to grant bail to an alien under detention; and the power of judicial review over deportation cases.

Aliens' Right To Seek Asylum: The Attorney General's Power To Exclude "Security Threats" And The Role Of The Courts, Mary S. Miller

Vanderbilt Journal of Transnational Law

The United States Court of Appeals for the Second Circuit is the only circuit court to analyze the relationship between section 235(c) and section 243(h), as amended by the Refugee Act. In "Azzouka v. Sava," the court resolved the apparent conflict between the two acts by holding that if the Attorney General determines that an alien is a security threat, that alien may be excluded without a hearing before an immigration judge despite the fact that the alien has requested political asylum."

This Note examines the interrelationship between sections 235(c) and 243(h) by analyzing the legislative, judicial, and administrative interpretations …

An Historical Analysis Of Alien Land Law: Washington Territory And State 1853-1889, Mark L. Lazarus Iii

Seattle University Law Review

The purpose of this Article is to analyze the historical development of Washington's alien land law from the birth of the territory in 1853 to the drafting of the state constitution in 1889. Because alien land law necessarily involves relationships among people, this Article focuses not only on historical legal sources such as statutes, constitutional material, and judicial opinions, but also on the underlying social forces that compelled change in the law. This Article consists of three sections, the first of which is a brief discussion of the common-law roots of alien land disability in feudal England and its subsequent …

Address., William H. Rehnquist

St. Mary's Law Journal

Abstract Forthcoming.

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …

Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips

St. Mary's Law Journal

No abstract provided.

Swords Into Ploughshares: Why The United States Should Provide Refuge To Young Men Who Refuse To Bear Arms For Reasons Of Conscience, Karen Musalo

Faculty Scholarship

No abstract provided.

$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase

St. Mary's Law Journal

Abstract Forthcoming.

Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison

St. Mary's Law Journal

Abstract Forthcoming.

A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal

St. Mary's Law Journal

No abstract provided.

Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones

St. Mary's Law Journal

No abstract provided.

The Health Care Quality Improvement Act Of 1986: A Proposal For Interpretation Of Its Protection., Louise M. Joy

St. Mary's Law Journal

No abstract provided.

Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman

St. Mary's Law Journal

No abstract provided.

The New Texas Business Corporation Act Merger Provisions., Curtis W. Huff

St. Mary's Law Journal

Abstract Forthcoming.

Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer

St. Mary's Law Journal

Abstract Forthcoming.

Jury Trials In The Bankruptcy Courts: Awaiting A Final Verdict., Ann Van Bever, V. Craig Cantrell

St. Mary's Law Journal

No abstract provided.