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Articles 121 - 131 of 131
Full-Text Articles in Law
Questioning The Universality Of Human Rights, Paul J. Magnarella
Questioning The Universality Of Human Rights, Paul J. Magnarella
Human Rights & Human Welfare
A review of:
Universal Human Rights? edited by Robert G. Patman. New York: St. Martin’s Press, 2000. 244pp.
and
Dealing with Human Rights: Asian and Western Views on the Value of Human Rights edited by Martha Meijer. Bloomfield, CT: Kumarian Press, 2001. 183pp.
and
The Philosophy of Human Rights by Patrick Hayden. St. Paul: Paragon House, 2001. 686pp.
Politics, Pragmatism, And Human Rights, Todd Landman
Politics, Pragmatism, And Human Rights, Todd Landman
Human Rights & Human Welfare
A review of:
Human Rights Horizons: The Pursuit of Justice in a Globalizing World by Richard A. Falk. New York: Routledge, 2000. 288pp.
and
Human Rights as Politics and Idolatry by Michael Ignatieff (edited by Amy Guttman). Princeton: Princeton University Press, 2001. 187pp.
Opening The Dichotomy Of Universalism And Relativism, Chih-Yu Shih
Opening The Dichotomy Of Universalism And Relativism, Chih-Yu Shih
Human Rights & Human Welfare
A review of:
Negotiating Culture and Human Rights edited by Linda S. Bell, Andrew J. Nathan and Ilan Peleg. New York: Columbia University Press, 2001. 428 pp.
and
East Meets West: Human Rights and Democracy in East Asia by Daniel A. Bell. Princeton: Princeton University Press, 2000. 369 pp.
By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson
By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson
San Diego Law Review
The Immigration and Naturalization Service (INS) is an agency with responsibility both for enforcing the immigration laws and conferring legal status and other benefits. This author finds that at times these dual roles create conflict, mistrust in the community, and violations of the rights of aliens. This Article critically examines an undercover operation conducted in 1993 by the San Diego District Office, which lured aliens to deportation through INS offers of legal status. The Article discusses the regulatory and statutory provisions governing INS undercover operations and the rights of aliens subject to final orders of deportation. It continues with an …
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
San Diego Law Review
The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …
Population, Immigration And Growth In California, Richard Sybert
Population, Immigration And Growth In California, Richard Sybert
San Diego Law Review
This Article presents objective data and analysis regarding the components of California's population growth. It also reviews fiscal impacts from immigration. The author finds that these fiscal impacts are substantially negative for state and local governments. The Article also examines United States workforce needs as they may be affected by an expanding population and as they may implicate immigration. The author recommends changing immigration policy to focus more on workforce needs and skills in California. He recommends federal action on two levels: (1) to compensate California for the hugely disproportionate financial burden it bears from the nation's immigration and refugee …
Entry: What Mama Never Told You About Being There, Kathrin S. Mautino
Entry: What Mama Never Told You About Being There, Kathrin S. Mautino
San Diego Law Review
This Article analyzes the development of entry as an immigration concept, with special attention to those factors that affect entry analysis. These elements that the author finds must be considered in every potential entry into the United States are: (1) the legal status of the alien, (2) the purpose for finding an entry, and (3) the congressional intent behind the statutes involved. This Article explores the legal history of the term "entry," and illustrates the interaction of the three factors above. The author concludes that entry analysis demonstrates the political nature of immigration and the frequency that historical events rather …
No-Fault Marital Dissolution: The Bitter Triumph Of Naked Divorce, J Herbie Difonzo
No-Fault Marital Dissolution: The Bitter Triumph Of Naked Divorce, J Herbie Difonzo
San Diego Law Review
In this Article, the author examines the origins of the no-fault divorce movement, concluding that the abandonment of fault grounds was conceived as a conservative measure intended to facilitate the reversal of the escalating divorce rate and to replace traditional marital dissolution with therapeutic divorce. This reform collapsed at mid-point, achieving only the jettisoning of divorce grounds. The author argues that an unintended consequence of the reform battle was the transformation from mutual consent divorce, the operating milieu for most of the twentieth century, into divorce on demand. The author concludes that this transformation has resulted in a significant loss …
Against First Principles, Jerry L. Mashaw
Against First Principles, Jerry L. Mashaw
San Diego Law Review
This Article makes the argument that broad principles often get in the way of sensible public policy analysis and that one should be prepared to abandon them rather quickly when encountering heavy philosophical or political arguments. The author uses Richard Epstein's book Forbidden Grounds: The Case Against Employment Discrimination as a good example of the difficulty of developing plausible policy prescriptions while engaging in an argument based on broad principles. The Article notes weaknesses in Epstein's arguments concerning liberty, utility and efficiency as starting points for an evaluation of antidiscrimination law. The author applies his analysis to the Americans with …
Religious Contributions In Public Deliberation, Jeremy Waldron
Religious Contributions In Public Deliberation, Jeremy Waldron
San Diego Law Review
This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …
Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira
Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira
IUSTITIA
In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.