Law Commons^™

Recent Developments In The Immigration Laws Of The United States 1978-1979, Anthony J. Passante Jr.

San Diego Law Review

This Synopsis focuses on the recent developments in the field of immigration law, during 1978 to 1979. The discussion of the developments includes selected legislative enactments and regulations promulgated pursuant to said enactments, important judicial decisions, significant administrative actions taken by the Immigration and Naturalization Services and the Board of Immigration Appeals, and proposed legislation. The Synopsis serves as a brief summary of current events, and as a guide for further research into United States immigration law.

Consequences Of Nationality In American Law, Michael Terry Hertz

San Diego Law Review

Nationality plays its principal role in immigration matters, but it has been put to significant uses in other areas of American law. This Article focuses on the consequences of the application of the nationality concept in constitutional law, civil rights legislation, taxation, and securities regulation. The author examines the functions which nationality has been required to fulfill and assesses the concept's capacity for accomplishing assigned legal tasks. The author criticizes the overbroad uses of nationality as a legal regulator, but finds that the concept can play a useful, though restricted, role in some areas.

Limiting Congressional Denationalization After Afroyim, J. P. Jones

San Diego Law Review

This Comment discusses the constitutional aspects of loss of United States citizenship. The author contrasts expatriation with procedures developed by the state for involuntary deprivation of citizenship. The author further contrasts early judicial and legislative debates over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, the author suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.

The Operations Instructions Of The Immigration Service: Internal Guides Or Binding Rules?, Leon Wildes

San Diego Law Review

This Article addresses the impact of Operations Instructions, promulgated by the United States Immigration and Naturalization Service, and their impact on the determination of alien's rights. The author argues that these instructions can be more crucial to the determination of an alien's rights than the terms of the statute itself. The author suggests that the courts are slowly beginning to recognize that many such instructions have a substantial impact on aliens' rights and may sometimes convey very tangible substantive benefits. The author argues that the courts should more consistently treat these instructions as rules to be promulgated, implemented, and generally …

To Be Or Not To Be A Resident - Tax Is The Question, Sanford M. Fisch

San Diego Law Review

This Comment examines this issue of taxation of nonresident aliens. The author argues that nonresident aliens have varying degrees of activity in the United States because of business, family, or tourism. When this level of activity is of the requisite nature, an alien can be classified as a resident for United States income tax purposes, and that different treatment under the tax laws of residents and nonresidents makes this distinction important. The author examines income tax planning for the nonresident alien, who is married to a citizen or resident of the United States, and for the nonresident alien, who is …

The Immigration Selection System: A Proposal For Reform, Austin T. Fragomen, Alfred J. Del Rey Jr.

San Diego Law Review

This Article reviews the historical background of our present immigration law and analyzes the policy goals of immigration law in light of the major contemporary issues that bear directly on the immigration act: population growth, the requirements of the labor force, family reunion, illegal immigration, and refugee admission. The authors contend that the immigration act in its present form does not adequately deal with the expanding nature of these problems, and offer recommendations to reconcile present deficiencies with recent and foreseeable world developments. The authors suggest reforms that would balance humanitarian goals with domestic, political, socioeconomic, demographic, and foreign policy …

Asian Immigrants And Their Status In The U.S., Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

COURT SITTING IN ADMIRALTY MAY GRANT INJUNCTIVE RELIEF TO PREVENT MARITIME INSURER FROM "BLACKLISTING" SEAMEN WITHOUT CAUSE

---------------------

EXPENSES OF JUSTICE INCLUDE ONLY THOSE STORAGE EXPENSES INCURRED AFTER THE FILING OF A FORFEITURE ACTION BY THE UNITED STATES GOVERNMENT

--------------------

IMMIGRATION AND NATURALIZATION SERVICE MAY APPEAL AN IMMIGRATION JUDGE'S DECISION TO GRANT AN ALIEN RELIEF FROM DEPORTATION UNDER SECTION 212(c) OF THE IMMIGRATION AND NATIONALITY ACT

-------------------------

FOURTH AMENDMENT NO BAR TO WARRANTLESS SEARCH OF FOREIGN FISHING VESSEL AUTHORIZED BY FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976

-------------------------

SCOPE OF LACEY ACT IS LIMITED TO FOREIGN LAWS DESIGNED TO PROTECT …

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

-----------------------------

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

----------------------------------

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

Immigration Law- Exclusionary Rule- If The Exclusionary Rule Question Is Reached, The Civil Nature Of A Deportation Proceeding May Preclude Its Application, Diane M. Peress

Fordham Urban Law Journal

This Case Note addresses questions concerning the exclusionary rule in deportation proceedings. Examining the Ninth Circuit's analysis in Cuevas- Ortega v. Immigration and Naturalization Service, this case note admits that though the exclusionary rule is a judicially created remedy it may still be required in deportation proceedings.