Law Commons^™

Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English

San Diego Law Review

This Synopsis outlines the significant developments in immigration law from October 1981 to July 1982. The synopsis highlights several recent Supreme Court decisions, as well as decisions in the lowers courts, with respect to immigration issues, and also highlights recent Congressional legislation in the area.

V.20-1, 1982-1983 Masthead

San Diego Law Review

No abstract provided.

Foreword, Alan K. Simpson

San Diego Law Review

Reform is imperative. This does not mean shutting ourselves off from the rest of the world. Immigration to America has been limited in various ways for more than a century and has been subject to various forms of numerical limitation for over sixty years. Immigration will continue to benefit the United States if the law is reasonably amended to be appropriate for contemporary conditions-and if the law can be enforced.

Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing

San Diego Law Review

This Article examines the effects of Akbarin v. INS and Miranda v. INS on estoppel as a concept to be applied in immigration proceedings. The author examines the use of estoppel prior to these two cases, and analyzes these cases against the backdrop of the prior case law. The author then examines the potential effects that the Akbarin and Miranda cases will have on estoppel claims. The author suggests that estoppel remains a viable tool against the Immigration and Naturalization Service, and outlines strategic considerations in bringing an estoppel action on behalf of an alien.

Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind

San Diego Law Review

This Article explores four different actions which could be utilized by practitioners in defense of an alien: mandamus, preliminary injunction and temporary restraining order, a Bivens tort action against the individual Service agents, and recovery of attorney's fees. They argue that delay, inadequacies, and abuse of discretion are familiar problems facing the immigration attorney, and that there are unique avenues for the practitioner to address these problems. The authors argue that, while these remedies are unusual and should be sought with a great deal of care, they remain viable causes of action to redress wrongs suffered by an alien at …

What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue

San Diego Law Review

This Article examines the United States Supreme Court's holding in INS v. Wang. The author argues that the decision severely limited judicial review of administrative decisions of suspension of deportation. She explores the factors considered by adjudicative bodies in ruling on extreme hardship and motions to reopen suspension proceedings, and examines the nature of the "extreme hardship" requirements in light of the holding in Wang. The author concludes that guidelines must be established which will aid in defining the term "extreme hardship" and establish a single evidentiary standard necessary to support this claim.

The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.

San Diego Law Review

This Article examines the Simpson-Mazzoli Bill, which is currently before the Congress, and analyzes certain portions of the bill in terms of the economic policies underlying them. He argues that attention must be given to how political issues shape and direct economic policy, and that immigration legislation should not restrict the growth and development of private industry, but rather assist it in strengthening its position and expanding its markets. The author concludes that any change in the immigration laws should be drafted in such a way as to more effectively implement these policies.

The International Entertainer Under United States Immigration Law, Charles C. Foster

San Diego Law Review

This Article examines the procedures available to the alien performer wishing to enter this country, either temporarily or permanently. The author argues that, while the foreign entertainer has traditionally brought diversity and enrichment to our culture, current immigration laws have been designed to particularly restrict the entry of these aliens. He presents a survey of the various statutory and regulatory provisions that apply to foreign artists who wish to enter the United States and concludes that immigration laws concerning alien entertainers cannot be formulated until overall immigration policy in terms of economic concerns and the foreign worker is adequately addressed.

Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg

San Diego Law Review

This Comment examines the legislative development of section 245 of the Immigration and Nationality Act and how the adjustment of status procedure has been slowly liberalized to allow virtually any alien present in the United States to quality to apply for adjustment. The author argues that this procedure has been abused and applied unfairly, in that aliens who apply for adjustment while in the United States are afforded due process and judicial review while those who apply while in their home countries are denied these protections. The author further argues that the recent passage of the Simpson-Mazzoli Bill will not …

Motions Practice Before The Board Of Immigration Appeals, Gerald S. Hurwitz

San Diego Law Review

This Article addresses the area of motions practice before the Board of Immigration Appeals, arguing that it is often a complex procedural maze for immigration attorneys. The author examines the intricacies of this procedure, focusing on motions to reopen, motion to reconsider, motions to remand, and motions for stays of deportation. He further examines the often contested issues of the prima facia case, particularly in the context of motions to reopen. In this discussion, the author, an appellate trial lawyer for the Immigration and Naturalization Service, stresses the practical aspects of motions practice in this area.

Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye

San Diego Law Review

This Article provides an update to a previous article, Alien Physicians and Their Admission into the United States, which surveyed the new requirements on alien physicians to pass medical and English competency examinations and discussed various means by which these requirements may be circumvented. The author discusses the interim implementation of these requirements, and concludes that, while recent pieces of legislation were developed to clarify these requirements, considerable confusion still exists as to the application of these requirements.

Woolsack 1982 Volume 23 Number 7, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Record Number Of Students Join Faculty Committees by Douglas Hearn

Consultant Proposes Sweeping Changes For Kratter Law Library by Maureen McNair

Mexico-US Law Institute Co-hosts Immigration Law Symposium with UCSD by Maureen McNair

Sunrise,, Sunset

Psychologist Suggests Ways For Law Professionals To Cope With Stress

Letter to the Editor: "Eating Time" by James D. Scott J.D. Scott and Associates

Speakers Scheduled Through March

University Sees No Short-Term Solutions To Congested Law School Parking by Douglas Hearn

Library Overcrowding: A Questionnaire

Author Speaks on Frankfurter's Federalism

Placement Office Announces 15 New Job Resources

Maiman Schwarzschild: From Turtle Bay …

Woolsack 1982 Volume 23 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Briefly Speaking

University Passes Preliminary Motion To Raise 1983-1984 Tuition By $600

Law School Receives $125,000 Grant To Start Dispute Resolution Center

Guest Editorials: Higher Tuition Might Result in Better Jobs by Michael long

Letters to the Editor

Higher Tuition Might Mean Fewer Students by Barbara Sloan

More Lawyers In the USD Family?

A Day in Superior Court A Night in the Ukraine by Douglas Hearn

Librarian Offers Guidance On On Researching Supreme Court Materials by Barbara St. Sauver-Reinecke

French Law Student Compares Civil, Common Law Systems by Zaneta Meyers

Guess Who's Who by Ira Pesserilo

Law …

Woolsack 1982 Volume 23 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

SBA Offers Options for Under-funded Organizations by Craig Takenaka

Alumni Share Judicial Clerkship Experiences by Miriam Kennedy

Evening Law Students: Many Dream of a Second Profession by Tim Liszewski

First Year Class Statistics, Enrolment Rise

Bottoms-up: The Woolsack annual bar review - Part I by Diane Kroeger

Alumni Notes: Distinguished Alumni Banquet Honors Adelizzi '64

New Tort Competition Enjoyed by Many by Pam Jones

Board of Director's Accepts Nominees For New Posts

Woolsack 1982 Volume 23 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Briefly Speaking

Krantz Announces Mexico-US Law Institute During Border Governors' Conference Here by Beth Kowalke-Baier

Law Review Announces New Members

Scottish Student Compares Legal Systems by Zaneta Meyers

Golf Tourney Held Oct. 22

Commentary: SBA Budget We Dissent

From the Readers

Book Review: Laugh at the Lives of Legal Nonsense In Those Other Law Schools by Maureen McNair

Moot Court News: Attorney-Client Competition Attracts Many; Alumni Tort Competition Begins by Pam Jones

PAD Activities: Drive for Battered Women Begins In October

Annual Initiation, Beach Party, Judges Night Planned

Library Consultant Identifies Problems; Will Offer Short, Long Term …

Woolsack 1982 Volume 23 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Law Review Writing Competition Results To Be Announced Friday by Maureen McNair

SBA Allocates $19,757 to Organizations by Douglas Hearn

Judicial Clerkships: Plan for Them Now by Dierdre S. Alfred

Guest Editorial: We Can't Copy

Briefly Speaking

Alumni Notes: Nominations Open

No-Commitment: Army Offers Summer Intern Program

Attitude Advice by Miriam Kennedy

Placement Center Emphasizes Jobs for Graduating Students by Douglas Hearn

Planning Legal Careers: 'Do the best you can As fast as you can' by Maureen McNair

Woolsack 1982 Volume 23 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Alumni Association Offers Guidance on School, Business by Jim Krause

Soledad: A Model of Mediocrity?

Moot Court Board Announces Competitions by Beth Kowalke-Baier

From the Readers: Student Expresses Thanks For Support

Briefly Speaking

Woolsack 1982 Volume 23 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Comparative, Administrative Law Classes Scheduled for JD, MCL Students

Dean Krantz Highlights New Developments by Sheldon Krants

Tutorial Program Redesigned by Beth Kowalke-Baier

72.7% of USD Grads Pass Spring Bar Exams by Moureen McNair

Placement Office Announces On-Campus Recruiting Plans by Susan Benson and Deidre Alfred

Law Review Schedules Writing Competition August 26

Alumni Events

Support Group for First Year Students

SBA - Woolack Guide to USD: Not for First Year Students Only by Seth Madnick, Jessica Watson and Katie Albright

Getting 'Organized:' 17 Groups Offer a Chance to Get Involved

Finding Your Way Through the Financial …

The View From An Inferior Court, Carl Mcgowan

San Diego Law Review

This Article was originally delivered as The Morrison Lecture at the annual meeting of the California State Bar Association in October 1981. Drawing upon his vast experience as an appellate judge, the author comments on many of the problems facing today's federal judiciary.

V.19-4, 1981-82 Masthead

San Diego Law Review

No abstract provided.

The Effect Of Comparative Fault On California Contribution/Indemnification Rights: How To Employ And Avoid The New Tortious Quicksand, Robert L. Simmons

San Diego Law Review

This Article discusses the effect of comparative fault principles upon contribution rights in California, including the impact on settlement and releases between the plaintiff and one of several joined concurrent tortfeasors. Using simple hypothetical case situations, the author emphasizes decisions and tactics that should be made by litigators in response to a variety of important contribution issues.

Battered Parents In California: Ignored Victims Of Domestic Violence, Maureen J. Arrigo

San Diego Law Review

This Comment examines the currently available remedies for battered parents in California. The author suggests that the legal system has been slow to acknowledge the growing trend of parental abuse and slower still to provide adequate remedies for these parents. The author provides a survey of the potential remedies for battered parents in California and discusses the inherent problems in each. The author concludes with suggestions for more effective remedies, proposing mandatory family counseling or a restructuring of the methods for court processing of abusive children.

Revision Of The Sba Opinion Molder Rule, Julianne B. D'Angelo

San Diego Law Review

This Comment addresses the attempts of The Small Business Administration to re-evaluate its "opinion molder" rule, which bans loan assistance to businesses that promulgate ideas or opinions. The author examines the justifications for and application of the rule and contends that it has serious constitutional problems, namely that it potentially impedes the protection of first amendment rights, that it is unconstitutionally vague, and that its application has resulted in an unfair restriction on some opinion-molding businesses. The author concludes by proposing an alternative policy that is consistent with the legislative intent of the Small Business Act and more responsive to …

Informed Refusal: Physician Liability For Failure To Inform Of The Risks Associated With Refusing Diagnostic Tests, Michael J. Rider

San Diego Law Review

This Comment explores the validity and development of patient control over the medical information-gathering and decision-making process. The author argues that, traditionally, the doctrine of informed consent governed the presentation of information about methods of treatment by a physician to allow a patient to make an informed choice. The author further argues that recent decisions in California and Washington have extended the consent doctrine in order to promote patient participation in diagnostic decision-making. The author considers the policies and problems underlying informed refusal in the diagnostic process, and suggests that informed refusal should be favored by advocates of patient autonomy.

Nonjudicial Punishment Under Article 15 Of The Uniform Code Of Military Justice: Congressional Precept And Military Practice, William R. Salisbury

San Diego Law Review

This Comment examines how nonjudicial punishment has been misused and proposes certain changes to curb this misuse. The author reviews the legislative history, Executive Orders, current military regulations, and judicial decision and focuses on the gaps between congressional precept and military practice in the use of Article 15. The author argues that the Armed Forces have used nonjudicial punishment in ways not intended by Congress, and that Article 15 has been used to circumvent legal safe-guards available at courts'-martial. The author concludes that Congressional action is needed to curb abuse of the non-judicial punishment power.

Military Reservist-Employers' Rights Under 38 U.S.C. 2021(B)(3) - What Is An Incident Or Advantage Of Employment?, Ronald W. Scott

San Diego Law Review

This Comment examines the statutory history of military reservists' rights, and takes a critical view of the Supreme Court's conclusion that that Congress did not intend to accommodate reservists in their civilian employment. The author argues that whether the reservist is still entitled to any statutory incidents and advantages of employment depends on how federal courts apply the Supreme Court's test of equality vis-a-vis fellow employees without military obligations. The author suggests that the effects of the Court's restrictive holding may prove adverse to the national defense posture, to the viability of the all-volunteer forces concept, and to other statutory …

Moral Rights In California, Peter H. Karlen

San Diego Law Review

This Article critiques the California Art Preservation Act of 1979, the first major legislation in the United States on moral rights for artists. The author focuses his discussion on the restrictions on protection, such as the restrictions on the types of eligible art and artists, potential defendants, duration of moral rights, and remedies. The author also focuses on the relationship of this legislation to other art-related laws in the United States and elsewhere, with particular reference to relevant sections of the Copyright Revision Act of 1976. The author concludes that, while it fails to adequately address the realities of the …

The Revival Of Interest In Justice Harlan's Flexible Due Process Balancing Approach, Gary C. Leedes

San Diego Law Review

This Article discusses how, over the years, the Supreme Court has ignored important distinctions between the concepts of due process and equal protection. The author argues that the "new" equal protection approach, developed during the Warren era, places too heavy a burden on the government to justify classifications. The author suggests that a flexible balancing approach is appropriate for resolution of the due process clause issue, and a less intrusive, means-focused equal protection methodology is appropriate for resolution of the equality issue. The author supports Justice Harlan's belief that that the ends-oriented equal protection doctrine shifted the Court's focus of …

Unearthing Defendants In Toxic Waste Litigation: Problems Of Liability And Identification, Robert C. Vohl

San Diego Law Review

This Comment examines two significant barriers to obtaining compensation from waste generators posed by traditional proof requirements, and proposes possible approaches for alleviating them. The author evaluates the plausibility of integrating strict products liability and risk share liability, an adaptation of market share liability, into a unified approach that may provide tort victims with greater access to legal remedies. The author suggests that the court adopt a more progressive analytical framework that is analogous to the theory articulated in Sindell v. Abbott Laboratories, and argues for an allocation of liability based on the relative risk share of generators in a …

Woolsack 1982 Volume 22 Number 19, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

John Winters, Property Professor, Dies of Cancer

News and Analysis: New SBA Board meets by J.L. Hall

Kardell highlights successes, problems of SBA

Krantz reviews areas of law school growth by Sheldon Krantz, Dean USD School of Law

Guest Editorial: Diversity Program Revisited by Stephen L. Barnett

From the Readers: Sound and Fury over Diversity Program

USD hosts Traynor competition; McGeorge wins by Frank Zotter Jr.

New member announced: Honor Court Enforces Code by Gayle Takahashi

Plans to Renovate More Hall Underway: Tiered Classroom Forseen by Beth Kowalke-Baier

Briefly Speaking

En bane is back: USD legal journal …