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Articles 1 - 30 of 75
Full-Text Articles in Law
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 …
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 …
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 …
Table Of Contents Volume Five, Number Four, Fall 1994, Risk Editorial Board
Table Of Contents Volume Five, Number Four, Fall 1994, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Table of contents for the journal RISK: Health, Safety & Environment (ISSN: 1073-8673)
Comparison Of Environmental Risk Provisions In The 103d Congress, Linda-Jo Schierow
Comparison Of Environmental Risk Provisions In The 103d Congress, Linda-Jo Schierow
RISK: Health, Safety & Environment (1990-2002)
Dr. Schierow, an Analyst in Environmental Policy with the Congressional Research Service, presents a tabulated summary of comparable provisions in several bills with special attention to the Risk Assessment Improvement Act of 1994.
Preferences For Exposure Control Of Power-Frequency Fields Among Lay Opinion Leaders, Ann Bostrom, M. Granger Morgan, Jack Adams, Indira Nair
Preferences For Exposure Control Of Power-Frequency Fields Among Lay Opinion Leaders, Ann Bostrom, M. Granger Morgan, Jack Adams, Indira Nair
RISK: Health, Safety & Environment (1990-2002)
The authors report on surveys, differing according to focus on remedial costs, of Pittsburgh-area adults indicating beliefs about possible health effects of electromagnetic fields and the acceptability of options for reducing or eliminating the potential impact.
Trace Substances, Science And Law: Perspectives From The Social Sciences, James F. Short Jr.
Trace Substances, Science And Law: Perspectives From The Social Sciences, James F. Short Jr.
RISK: Health, Safety & Environment (1990-2002)
Using advances in analytical technology as a point of departure, Dr. Short reviews what social science research reveals about perceptions, decision making processes and behaviors of organizations and individuals who try to cope with risk and uncertainty.
Five Year Cumulative Index: Book Reviews & Essays By Title, Risk Editorial Board
Five Year Cumulative Index: Book Reviews & Essays By Title, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
A five year cumulative index of book reviews and essays by title for the journal RISK.
Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon
Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon
RISK: Health, Safety & Environment (1990-2002)
Dr. Dymon explains how maps can, e.g., hasten effective community responses to natural and artificial hazards and laments widespread failure to prepare and use hazard maps more extensively.
Five Year Cumulative Index: Articles And Comments By Title, Risk Editorial Board
Five Year Cumulative Index: Articles And Comments By Title, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
A five year cumulative index of articles and comments by title for the journal RISK.
New Directions In Juvenile Justice: School-Based Crime Prevention, Paul F. Walsh Jr.
New Directions In Juvenile Justice: School-Based Crime Prevention, Paul F. Walsh Jr.
New England Journal of Public Policy
This article considers the role of the district attorney as a catalyst for aggressive school-based educational programs to help young people avoid trouble with the legal system. Walsh argues that while it may be unfair to burden classroom teachers with additional responsibilities concerning drug and alcohol issues, school is the logical site at which to provide these services and that a district attorney is well suited to act as a catalyst and resource for providing these additional services.
Table Of Contents Volume Five, Number Three, Summer 1994, Risk Editorial Board
Table Of Contents Volume Five, Number Three, Summer 1994, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Table of contents for the journal RISK: Health, Safety & Environment (ISSN: 1073-8673)
Utah Zoning Law And Proposals For Legislative Change, Richard S. Dalebout
Utah Zoning Law And Proposals For Legislative Change, Richard S. Dalebout
Brigham Young University Journal of Public Law
No abstract provided.
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 …
Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz
Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz
Indiana Law Journal
No abstract provided.
Overview Of Federal Technology Transfer, Lawrence Rudolph
Overview Of Federal Technology Transfer, Lawrence Rudolph
RISK: Health, Safety & Environment (1990-2002)
Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.
Forging New Partnerships: Teacher Unions And Educational Reform In The 90s, David S. Doty
Forging New Partnerships: Teacher Unions And Educational Reform In The 90s, David S. Doty
Brigham Young University Education and Law Journal
No abstract provided.
Technology Transfer: A View From The Trenches, Harvey Drucker
Technology Transfer: A View From The Trenches, Harvey Drucker
RISK: Health, Safety & Environment (1990-2002)
Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.
Table Of Contents Volume Five, Number Two, Spring 1994, Risk Editorial Board
Table Of Contents Volume Five, Number Two, Spring 1994, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Table of contents for the journal RISK: Health, Safety & Environment (ISSN: 1073-8673)
Patent & Trademark Depository Library Association Newsletter
Patent & Trademark Depository Library Association Newsletter
Journal of the Patent and Trademark Resource Center Association
No abstract provided.
Pluralism, Private Schools And Public Policy, E. Vance Randall
Pluralism, Private Schools And Public Policy, E. Vance Randall
Brigham Young University Education and Law Journal
No abstract provided.
Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones
Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones
Brigham Young University Journal of Public Law
No abstract provided.
Religious Access To Public Programs And Government Funding, Dean M. Kelley
Religious Access To Public Programs And Government Funding, Dean M. Kelley
Brigham Young University Journal of Public Law
No abstract provided.
Epstein's Premises, Evan Tsen Lee
Epstein's Premises, Evan Tsen Lee
San Diego Law Review
This Article criticizes Richard Epstein's argument that Congress should repeal Title VII expressed in his book Forbidden Grounds: The Case Against Employment Discrimination. The author's criticisms of Epstein's argument are the product of disagreement with some of Epstein's premises, and disagreement with some of Epstein's choices about where to stop his analyses. The author disputes Epstein's premise that governmental intervention into otherwise accessible markets is justifiable only in cases of force or fraud. The author also notes some of Epstein's empirical suppositions that are inconsistent with one another.
Epstein's Challenge To The Civil Rights Regime, W. B. Allen
Epstein's Challenge To The Civil Rights Regime, W. B. Allen
San Diego Law Review
This Article takes a close look at the government's determination of the substantive meaning of nondiscrimination in order to better evaluate the relation between the current practice of the civil rights regime and the alternative suggested by Richard Epstein in his book Forbidden Grounds: The Case Against Employment Discrimination Laws. It also analyzes the "limit condition view" of government, namely that the government may in no way discriminate, and everyone cannot be prevented from discriminating. The author concludes that defenders of the civil rights regime must engage Epstein's argument, because failing to do so will be to fail either to …
Alternative Grounds: Epstein's Discrimination Analysis In Other Market Settings, Ian Ayres
Alternative Grounds: Epstein's Discrimination Analysis In Other Market Settings, Ian Ayres
San Diego Law Review
This Article focuses on how Richard Epstein's discrimination analysis in his book Forbidden Grounds: The Case Against Employment Discrimination Laws plays out in four other market contexts. The author analyzes historical labor markets (circa 1964), public accommodations, housing, and new car markets. He concludes that applying Epstein's theory to these different market settings exposes limitations of Epstein's analysis.
Licensing Laws: A Historical Example Of The Use Of Government Regulatory Power Against African Americans, David E. Bernstein
Licensing Laws: A Historical Example Of The Use Of Government Regulatory Power Against African Americans, David E. Bernstein
San Diego Law Review
This Article addresses how the legacy of government policy has been a large factor in the economic subjugation of black Americans between Reconstructionist and the modern Civil Rights era. Specifically, this Article displays how white interest groups used occupational licensing laws to stifle black economic progress, and how these laws were used to prevent blacks from competing with established white skilled workers. The author notes that Richard Epstein with his book Forbidden Grounds: The Case Against Employment Discrimination Laws has done the legal community a great service by reminding it that the source of some of the economic disparity between …
The Discrimination Shibboleth, Andrew Kull
The Discrimination Shibboleth, Andrew Kull
San Diego Law Review
This Article explores a more conservative viewpoint than Richard Epstein's view that all employment antidiscrimination laws should be repealed in his book Forbidden Grounds: The Case Against Employment Discrimination. This Article focuses on the distinctions between current antidiscrimination laws and those of the Civil Rights Act of 1964. While the Civil Rights Act of 1964 prohibited discrimination on the basis of race and sex, current laws prohibit discrimination on many other grounds. The author argues that these new laws constitute new policy choices, and they impose more costs than the traditional laws.
Learning To Love Japan: Social Norms And Market Incentives, J. Mark Ramseyer
Learning To Love Japan: Social Norms And Market Incentives, J. Mark Ramseyer
San Diego Law Review
This Article applies Japanese market behavior to Richard Epstein's theories in his book Forbidden Grounds: The Case Against Employment Discrimination. The author uses Japan to argue that economic incentives need not matter, and that whatever incentives markets and laws may provide, people may still ignore them. This Article suggests that if independent social norms can sustain systematically unprofitable behavior in Japan, then maybe they would have sustained Jim Crow policies in the American south. If Japanese routinely ignore economic incentives to perpetuate social norms, then whites might have ignored the market advantage to hiring African Americans and discriminated against their …