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Full-Text Articles in Law
Foreword, Edward M. Kennedy
Foreword, Edward M. Kennedy
San Diego Law Review
Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clear conscience. Such a policy would be but a reaffirmation of old principles. It would be an expression of our agreement with George Washington that "the bosom of America is open to receive not only the opulent and respectable stranger, but the oppressed and persecuted of all nations and religions; whom we shall welcome to a participation of all our rights and privileges, if by decency and …
Suspension Of Deportation: Illusory Relief, Sylvia G. Cole
Suspension Of Deportation: Illusory Relief, Sylvia G. Cole
San Diego Law Review
Although suspension of deportation was intended to ameliorate hardship, the process is extremely difficult for the alien. Statutory requirements are harshly construed, and discretion abitrarily exercised. The statute is hedged with restrictions that make relief difficult for the alien to attain. These obstacles clearly contradict the purpose behind section 244 as enunciated in Wadman v. Immigration and Naturalization Service. However, in spite the legislative purpose, the requirements are strictly construed and discretion inscrutably withheld, making suspension of deportation an illusory promise of relief.
An Overview Of The Labor Certification Requirement For Intending Immigrants, Edwin R. Rubin, Mark A. Mancini
An Overview Of The Labor Certification Requirement For Intending Immigrants, Edwin R. Rubin, Mark A. Mancini
San Diego Law Review
Unfortunately, the provisions of section 212(a)(14) of the Immigration and Nationality Act appear to present the contradiction described in the above colloquy. In reality, the contradiction is created more in actual practice by employers than in the theory of labor certification. Nevertheless, major problems concerning labor certification procedures do exist. This Article will discuss the current problems of labor certification procedure by tracing the administrative process from application to review of denials and judicial review from jurisdiction to remedy.
The Nonpriority Program Of The Immigration And Naturalization Service Goes Public: The Litigative Use Of The Freedom Of Information Act, Leon Wildes
San Diego Law Review
The purpose of this Article is to make the practicing bar more fully aware of the nonpriority program. In addition, this Article will describe how the FOIA can be used as an information gathering device and as a litigation tool.
Sex And The Immigration Laws, Maurice A. Roberts
Sex And The Immigration Laws, Maurice A. Roberts
San Diego Law Review
This Article will examine the various statutory provisions which have provoked official interest in the sex lives of aliens and the standards by which official judgments have been made. The question of how realistic some of the standards are and the impact of certain statutory provisions upon the overall problem of immigration law enforcement will also be discussed. Although most of the items treated derive from provisions of the present Immigration and Nationality Act, enacted in 1952, the provisions of prior legislation are also germane, for the current law has no statute of limitations and thus reaches back to make …
Afterword:The Immigration And Nationality Act Amendments Of 1976, Stephen H. Legomsky, Mitchell D. Gravo
Afterword:The Immigration And Nationality Act Amendments Of 1976, Stephen H. Legomsky, Mitchell D. Gravo
San Diego Law Review
On October 20, 1976, President Ford signed into law a bill effecting the first major revisions of the Immigration and Nationality Act since the 1965 Amendments. The 1976 Amendment contains a number of noncontroversial provisions designed to eliminate inequalities between the Eastern and Western Hemisphere immigrant selection systems. However, it also contains two controversial provisions expected to have a major adverse impact on intending immigrants from the Western hemisphere in general, and from Mexico in particular.
Right To Counsel In Deportation Proceedings, Iring A. Appleman
Right To Counsel In Deportation Proceedings, Iring A. Appleman
San Diego Law Review
Does an indigent alien have a right to assigned counsel in deportation proceedings? The likelihood seems remote because the statute states that "the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose. Nevertheless, recent decisions have emphasized a persistent judicial concern in this area. This Article's purpose is to present an overview of the representation of aliens in deportation cases and specifically to inquire whether there is either an irrefutable legal basis for a requirement of assigned counsel or a felt need. …
Preemption In The Field Of Immigration: Decanas V. Bica, Francis X. Pray
Preemption In The Field Of Immigration: Decanas V. Bica, Francis X. Pray
San Diego Law Review
An understanding of the DeCanas decision is facilitated by an initial examination of the general elements of the preemption doctrine. A working definition of preemption will be given. This definition will be considered in its two forms: preemtion which is constitutionally mandated and that which is congressionally mandated.
Practical Aspects Of Representing An Alien At A Deportation Hearing, Jack Wasserman
Practical Aspects Of Representing An Alien At A Deportation Hearing, Jack Wasserman
San Diego Law Review
This Article will outline the procedural guidelines with which counsel must be familiar, highlight the practical measures that must be undertaken by the practitioner litigating a deportation action, and catalogue the various stages of a deportation proceeding.
Procedural Aspects Of Illegal Search And Seizure In Deportation Cases, Austin T. Fragomen Jr.
Procedural Aspects Of Illegal Search And Seizure In Deportation Cases, Austin T. Fragomen Jr.
San Diego Law Review
This Article will outline the procedural guidelines with which counsel must be familiar, highlight the practical measures that must be undertaken by the practitioner litigating a deportation action, and catalogue the various stages of a deportation proceeding.
How To Immigrate To The United States: A Practical Guide For The Attorney, Joseph Samuel Konowiecki
How To Immigrate To The United States: A Practical Guide For The Attorney, Joseph Samuel Konowiecki
San Diego Law Review
This Comment is addressed to the attorney who has had no previous exposure to immigration law. It collects from a myriad of sources the rules, regulations, and procedures required of an attorney to successfully immigrate an alien.
Alien Checkpoints And The Troublesome Tetralogy: United States V. Martinez-Fuerte, Victor Salerno
Alien Checkpoints And The Troublesome Tetralogy: United States V. Martinez-Fuerte, Victor Salerno
San Diego Law Review
The thesis of this Comment is that the foregoing contention cannot withstand careful examination. The Government's need to conduct routine checkpoint operations is no greater than its need to conduct roving patrol operations. With the former, the intrusion on fourth amendment rights is as onerous, and the overall burden on lawful traffic is more considerable. In addition, the Court made several questionable factual assumptions and altered the traditional allocation of the burden of proof with respect to warrantless law enforcement conduct. This Comment will summarize the factual context of the case, examine the Ninth Circuit's holding, which the Supreme Court …
Recent Developments In Immigration Law 1976, Mitchell D. Gravo
Recent Developments In Immigration Law 1976, Mitchell D. Gravo
San Diego Law Review
This Article will discuss significant recent developments in immigration law. Important immigration legislation of the 94th Congress, regulations under the Immigration and Nationality Act since their yearly revision, and immigration decisions by the nation's courts within the past year will be noted and analyzed. The scope of this synopsis makes detailed analysis of each development impossible. However, interrelated developments will be discussed together and significant trends will be briefly explained.
Credit Equality Comes To Women: An Analysis Of The Equal Credit Opportunity Act, John W. Cairns
Credit Equality Comes To Women: An Analysis Of The Equal Credit Opportunity Act, John W. Cairns
San Diego Law Review
The Equal Credit Opportunity Act is an effort to eliminate credit discrimination based on sex or marital status. Because it specifically prohibits virtually all discriminatory creditor practices, the ECOA essentially eliminates the problems that prompted its enactment. However, the ECOA does more than merely protect the rights of women: It also requires creditors to educate women concerning those rights. Thus, creditors must be certain that any differentiations they make among consumers regarding credit standing "are based on sound, provable experience or actuarial statistics." The denial of credit to a woman who, by all objective criteria, is as qualified as a …
Watson And Ramey: The Balance Of Interests In Non-Exigent Felony Arrests, Nancy L. Schons
Watson And Ramey: The Balance Of Interests In Non-Exigent Felony Arrests, Nancy L. Schons
San Diego Law Review
Recently, the United States Supreme Court rendered its opinion in United States v. Watson, which dealt with arrests in public places. The California Supreme Court subsequently decided Ramey v. People, a case concerning an arrest made in the home. The balance between state and individual interests struck in these cases will have a dramatic effect on law enforcement and on the rights of suspects. While numerous commentators have addressed individual rights in the context of search law, none have directly considered the privacy rights of the arrestee. The purpose of this Comment is to explore the quality of fourth amendment …
The Epilepsies: Their Effect On The Biological Family, The State-Decreed Family, And Civil Liability In California, Gerard Smolin Jr.
The Epilepsies: Their Effect On The Biological Family, The State-Decreed Family, And Civil Liability In California, Gerard Smolin Jr.
San Diego Law Review
Medical advancements in diagnosis and treatment of the epilepsies have changed the epileptic's life dramatically. Approximately twenty years ago, society began to understand the effect of these advancements. Thereafter, some changes in anachronistic laws occurred almost immediately. But, although initial changes occurred, the epileptic, nevertheless, is unnecessarily set apart. If the epileptic ever is to exercise the rights and privileges of full citizenship, the adjustment of social response to medical fact must continue.
The British Capital Transfer Tax, Ronald Maudsley
The British Capital Transfer Tax, Ronald Maudsley
San Diego Law Review
The last major reform in the United States estate and gift tax occurred in 1954. The system still needs further reform. Although the Tax Reform Act of 1969 originally was intended to reach the estate and gift tax area, the reform effort expired. The political focus of reform is less powerful in the estate and gift tax area then in that of income and social security taxes because most Americans do no leave a taxable estate or even need to file estate returns. The motivation to reduce estate and gift tax is not as broadly based as the motivation to …
An Affirmative Constitutional Right: The Tenth Amendment And The Resolution Of Federalism Conflicts, Kathleen G. Mcguinness
An Affirmative Constitutional Right: The Tenth Amendment And The Resolution Of Federalism Conflicts, Kathleen G. Mcguinness
San Diego Law Review
The Supreme Court is currently faced with a direct conflict over allocation of federal and state authority. State and municipal officials are attempting to use the tenth amendment as a shield against extensive federal regulations of local government functions. The tests presently applied to resolve such controversies are poorly defined, and judicial dissatisfaction with them has been expressed. This discontent may be based on more than the inadequacy of the tests as tools for analysis, for indications exist that the Burger Court is becoming increasingly responsive to claims of state autonomy. In deciding these controversies, the Court should employ a …
Michigan V. Mosley: A Further Erosion Of Miranda?, Frederick M. Boss
Michigan V. Mosley: A Further Erosion Of Miranda?, Frederick M. Boss
San Diego Law Review
On January 31, 1976, Ernesto Miranda was stabbed to death in a Phoenix bar. As the life drained from Miranda, the lifeblood was also being drawn from the doctrine that bears his name. Only ten years after its rendition in 1966, the foundations of Miranda v. Arizona are being undermined by the Burger Court. The latest of these attacks is Michigan v. Mosley. Mosley addresses the question of when a government official may re-interrogate a suspect who has exercised his constitutional right to remain silent. This Recent Development will first highlight the Miranda line of authority that culminates in Michigan …
Decriminalization Of The Convicted: A Plea For More Effective Representation, Rondney R. Jones
Decriminalization Of The Convicted: A Plea For More Effective Representation, Rondney R. Jones
San Diego Law Review
The purpose of this Article is to acquaint the practitioner and general legal community with the means available to an attorney in providing complete and on-going representation to his convicted client. Although the post-conviction revolution has seen the adjudication of grave issues of the highest constitutional order, many times in the context of a class action, the need for effective presentation of the individual client is pressing. Additionally, there is an important role for counsel to fill as the client exits the correctional system and re-enters society. The focus will be upon two of the most common client needs: modification …
The Interpenetration Of Narrow Construction And Policy: Mr. Justice Stevens' Circuit Opinions, Brandon Becker, Michael F. Walsh
The Interpenetration Of Narrow Construction And Policy: Mr. Justice Stevens' Circuit Opinions, Brandon Becker, Michael F. Walsh
San Diego Law Review
Considered in isolation, opinions present a severely fragmented view of the Justice's personal approach to decisionmaking. A myriad of factors constricts the expression of individual beliefs on the bench: the quality of the bar which shapes the issues, a collegial court which requires the accommodation of other judgments, the advocatory nature of an opinion, the inability to articulate the reasons for a decision, and the avoidance of personal statements. Within these restrictions, this Comment will examine Justice Stevens' approach to documentary construction and discern his attitudes toward constitutional decisionmaking.
Public Employee Legislation: An Emerging Paradox, Impact, And Opportunity, Thomas M. Fiorello
Public Employee Legislation: An Emerging Paradox, Impact, And Opportunity, Thomas M. Fiorello
San Diego Law Review
This Comment will encompass three topics: First, governmental services are increasingly interrupted by public employee strikes; second, different statutory devices are evolving for negotiation and resolution of public employee disputes; and third, at least four provoking features are emerging from the different statutory approaches. Although the focus of this Article is upon California legislation, most of the remarks may be relevant elsewhere. Indeed, California is not alone in its current efforts to design vehicles for amicable public employment relations.
United States V. Solis: Have The Government's Supersniffers Come Down With A Case Of Constitutional Nasal Congestion?, Max A. Hansen
United States V. Solis: Have The Government's Supersniffers Come Down With A Case Of Constitutional Nasal Congestion?, Max A. Hansen
San Diego Law Review
The propriety of using drug detection dogs to establish probable cause for search was argued in United States v. Solis. Because cases similar to Solis are sure to arise in the future, and because courts are unable to agree on the proper way to treat drug-sniffing dogs, the use of narcotic detection dogs is certain to be a persistent problem. Law enforcement agencies have too much invested in their dog training programs to placidly accept the Solis decision. If the Solis rational is followed in future decisions, the use of these highly trained dogs will be severely limited. Because the …
In Re Lisa R.? - Limiting The Scope Of The Conclusive Presumption Doctrine, Nikki Westra
In Re Lisa R.? - Limiting The Scope Of The Conclusive Presumption Doctrine, Nikki Westra
San Diego Law Review
This Comment traces the development of the conclusive presumption doctrine, determine its relationship to traditional substantive and procedural due process analysis, and point out the inherent limitations of the doctrine which are recognized in In re Lisa R.
Vapor Recovery: Last Gasp Of The Clean Air Act?, Michael F. Walsh
Vapor Recovery: Last Gasp Of The Clean Air Act?, Michael F. Walsh
San Diego Law Review
This Comment deals with two issues relating to the controversy in San Diego County over gasoline vapor recovery. First, the overlapping jurisdictions of the California environmental protection agencies have created enough confusion to diminish the effectiveness of existing air pollution legislation. Second, disagreement exists as to the amount of financial burden polluters must bear for pollution control equipment.
Tips Given To Nevada Casino Dealers By Casino Patrons Are Nontaxable Gifts, Not Income - Olk V. United States, 388 F. Supp. 1108 (D. Nev. 1975), Phil Aurbach
San Diego Law Review
While gamblers' winnings are clearly taxable, the tax consequences are not as clear for dealers who have been given a tip or the winnings of a side bet. Until recently, the money was considered income taxable to the dealer as compensation for services rendered. The United States District Court for Nevada, in Olk v. United States, ruled that tokes given to a dealer offered no compensable services to the players. Classifying the dealer's tokes as gifts creates problems which were not discussed in Olk.
The Coast: Where Energy Meets The Environment, Richard G. Hildreth
The Coast: Where Energy Meets The Environment, Richard G. Hildreth
San Diego Law Review
This Article analyzes mechanisms for handling consequences of the coastal dependent energy programs. Its focus is the United States Department of the Interior plan for increased oil and gas production on the outer continental shelf. Of the four coastal dependent programs, this one has progressed furthest in the implementation process. Deepwater ports are considered in connection with the Deepwater Port Act of 1974, the first federal legislation which explicitly attempts to account for national, regional, state, local, and environmental interests in energy development decision making. Because the number of liquefied natural gas terminals proposed is small and the plans for …