Law Commons^™

Foreword: Immigration & Nationality, James J. Orlow

San Diego Law Review

My thesis is that, if the disposition of benefits is to be dependent upon a procedural system, then efforts must be taken to make that procedural system as fair as possible, although it is essentially irrelevant to do political work with judicial means when the substantive lawmaking has been delegated to the law enforcement agencies themselves. The Remedy to that fault may lie in the now reorganized Executive Office of Immigration Review.

V.21-1, 1983-1984 Masthead

San Diego Law Review

No abstract provided.

Immigration Law Reform: Proposals In The 98th Congress, William French Smith

San Diego Law Review

This Article argues that recent years have brought a growing concern that national immigration policy is outdated and incapable of addressing the rising pressures of international migration, and examines currently pending legislation to reform immigration law. The author briefly describes the need for reform, the principles which should govern such reform, and the recent attempts by the legislative and executive branches to bring about change. He then analyzes the material provisions of the Immigration Reform and Control Act of 1983, and concludes that the legislation is an appropriate and needed answer to a growing problem.

The National Labor Relations Act And Undocumented Workers: The De-Alienation Of American Labor, Jose A. Bracamonte

San Diego Law Review

This Article examines the legal status and rights of undocumented workers under the National Labor Relations Act (NLRA). The author analyzes legislative policy and judicial decisions dealing with aliens and concludes that undocumented workers are within the coverage of the NLRA. He then addresses the question of a possible contradiction between federal labor and immigration law, but concludes that the two bodies of law are in accord. Even if such a contradiction antinomy exists, the author argues that the principles of accommodation support protection of undocumented aliens under the NLRA. The author concludes by addressing the complicated problems involved in …

A Child Is A Child - Or Is It? Legitimation Under Foreign Law And Its Immigration Consequences, Sana Loue

San Diego Law Review

This Article analyzes the criteria established by the courts and the Immigration and Naturalization Service for determination of preference classification as a legitimated child where the legitimation occurs outside the United States. The author provides a comprehensive index of Board of Immigration Appeals decisions relating to legitimation under the laws of other counties, and concludes that a statutory amendment and the promulgation of additional regulations would resolve present inconsistencies and better effectuate the original purpose of existing immigration legislation.

"Entry" As An Issue In Immigration Law, Julie A. Jones

San Diego Law Review

This Comment addresses the issues surrounding whether an alien had made an "entry" for purposes of determining the right of an alien to remain in the United States. The author argues that the term means much more than simply being physically present in the country and its implications are profound. The author examines the elements of the statutory definition of "entry," articulated in Section 101(a)(13) of the Immigration and Nationality Act, and surveys the various interpretations thereof by federal courts and the Board of Immigration Appeals.

Political Asylum And Withholding Of Deportation: Defining The Appropriate Standard Of Proof Under The Refugee Act Of 1980, Cheryl L. Edwards

San Diego Law Review

This Comment analyzes the different interpretations of the "well-founded fear of persecution" standard for determining when an alien is eligible for political asylum in the United States, as established in the Refugee Act of 1980. The author suggests that correct interpretation of the new standard has recently been the subject of dispute between the Immigration and Naturalization Service and the United States courts of appeals. The author examines the various interpretations and suggests a different interpretation of this standard based on the legislative history of the Act and the recommendations of the United Nations.

The Right Of The Alien To Be Informed Of Deportation Consequences Before Entering A Plea Of Guilty Or Nolo Contendere, David M. Mckinney

San Diego Law Review

This Comment examines the use of guilty pleas by alien defendants. The author suggests that, while the Immigration and Nationality Act provides for deportation of aliens convicted of specified crimes, alien defendants frequently offer guilty pleas unaware or misinformed that they thereby subject themselves to potential deportation. The author argues that, traditionally, courts have not had to inform defendants of deportation consequences, but that deportation can be devastating to the alien and his family. The author concludes that a plea is not fully voluntary if offered unaware of such serious implications, and that courts should be required to inform alien …

Domicile For Immigration And Federal Gift And Estate Tax Purposes--Is A Harmonious Rule Possible, Leon Wildes, David Grunblatt

San Diego Law Review

This Article explores the question of when does a nonimmigrant alien establish a United States domicile and, thus, a residence subjecting him to estate and gift tax. The authors argue that the case law, in both the tax and immigration fields, gives only a partial answer to that question, and identifies only the G-4 visa holder as capable of establishing a domicile, but fail to include other categories. The authors recommend that regulations be promulgated to delineate whether and under what circumstances each category of nonimmigrant aliens may, if at all, establish a United States domicile.

Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin

San Diego Law Review

This synopsis outlines significant developments in immigration law from July 1982 through July 1983.

Woolsack 1983 Volume 24 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Tuition Hiked to $6,970; Faculty Receives 5% Average Raise by Jim Hester

Prof. Nathanson Passes Away; His Loss WiJJ Be Deeply Felt

National Team Advances: Undefeated in Regionals

Holiday Craft Fair Seeks Participants

Editorials and Comment

Parking Hearing: Problem is Allocation, not Capacity by Brent Bernau

Central Administration Makes Recommendations on Parking

Physical Plant Director Forwards Conclusions to Cabinet

Clinical Programs Bridge Gap between School/Career by Suzanne Rogers Fenney

Auto Safety Topic of CalPIRG Reports

New Library Policy: The Staff is Willing, but Enforcement is Weak by Scott Flores

Self-help Best Tactic in Job Hunt by Debbie …

Woolsack 1983 Volume 24 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

$6.9 Million Paid for Tuition; Improvements, Higher Costs Cited

SBA Allocates: Student Groups Budgeted from Fees by Adele Lynch

Editorials and Comment

Higher Faculty Salaries, Student Aid, Top Priorities in 1984-85 Budgeting by Brent Bernau

Complaints on Parking, Scheduling, Money Aired at Dean's Forum Last Week

Ask Judge Cardozo

Library News: California Legislative History by Barbara St. Sauver

US-Mexico Institute Director Speaks: Mexican Ills Are Curable by Jose Martinez

The Alternative Bar Review: Popular Night Clubs Evaluated and Rated by Scott Flores

Law School Exam-Taking Tips Given by USC Prof, Hornbook Author by Denise Osborn

PAD Notes …

Woolsack 1983 Volume 24 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Take Five and Pass Go: Grading Changes Brings USD up to Par by Adele Lynch and Brent Bernau

Improvements Promised for Registration Woes by John Clemons

Fall Installation Planned for Library Westlaw System

Installment Contract with Fee Replaces Notes by Douglas Hearn

Alumni Tailgaters

Editorials and Comment

Students Elect Class Reps, SBA Treasurer

CalPIRG Musters Voter Registration Drive; Seeks Lobbying Support by Elaine Hamm

Partisan Politics Find Home at Law School by Fred Fox

PAD Notes by Cyndi Currey

Women's Opportunity Week Features Law Professionals

Development Sprouts in Nature Park by Sarah Capito

Meal Plans Available to …

V.20-4, 1982-1983 Masthead

San Diego Law Review

No abstract provided.

Recent Cases Restricting The Availability Of The Investment Tax Credit To Noncorporate Lessors And Tax Planning In The Aftermath, Tim Koltun

San Diego Law Review

This Comment analyzes two tax court decisions, Peterson v. Commissioner and Hokanson v. Commissioner, which restricted the availability of the investment tax credit to noncorporate lessors. The author examines the courts' use of the "reasonable certainty" and "realistic contemplation" tests in determining whether the term of a lease was less than fifty percent of the property's useful life, the criteria required for qualification for the tax credit. The author analyzes the decisions and concludes that the "reasonable certainty" test is consistent with the underlying intent of the noncorporate lessor restrictions and further suggests various devices for securing the credit on …

Dedication, Sheldon Krantz

San Diego Law Review

A dedication to Professor Ronald Maudsley.

Brown On Maudsley, Gerald Brown

San Diego Law Review

A dedication to Professor Ronald Maudsley.

Tribute, Jill E. Martin

San Diego Law Review

A dedication to Professor Ronald Maudsley.

Tribute To Professor Ronald Harling Maudsley, Eric Darlow

San Diego Law Review

A dedication to Professor Ronald Maudsley.

Ronald H. Maudsley 1918-1981: A Tribute, John H. Minan

San Diego Law Review

A dedication to Professor Ronald Maudsley.

Understanding The Rule Against Perpetuities In Relation To The Lawyer's Role - To Construe Or Construct, David M. Becker

San Diego Law Review

This Article is about the common law rule against perpetuities and the confusion that exists with respect to the life in being concept. This Article observes that one common and very important pronouncement about the rule, that the life in being can be anyone or any group of people, is really a precept for the creation of interests and not for the interpretation of existing limitations. It observes further that, because the interpretive function is essential to comprehensive and effective planning and drafting, this precept is not enough to create dispositive designs and interests which both achieve planning objectives and …

Community Property With Right Of Survivorship, Robert L. Mennell

San Diego Law Review

This Article examines the California rule that property cannot be both joint tenancy and community property. The author presents an overview of the various underlying policy considerations, as well as a synopsis of the legal approaches taken by other states. The author concludes that the California rule should be reversed and proposes the creation of a voluntary addition to the community ownership of the right of survivorship, as has been done in several other states.

Marital Deduction Estate Planning: Variations On A Classic Theme, Joel C. Dobris

San Diego Law Review

This Article examines the Economic Recovery Tax Act of 1981 (ERTA) and the changes its provisions have brought about in estate planning for married couples when the first meaningful transfers take effect at death and are essentially interspousal in nature. He provides an overview of the general considerations involved in estate planning, and the unlimited marital deduction created in the ERTA. The author argues that the creation of the new unlimited marital deduction has modified many preexisting principles and patterns in estate planning and existing estate plans have to be modified in order to provide maximum tax savings with maximum …

Student Refusal To Pay Abortion-Related Fees - A First Amendment Right?, Beth Kowalke Baier

San Diego Law Review

This Comment examines the California Fourth District Court of Appeal's ruling in Erzinger v. Regents of the University of California, which upheld the state university's use of mandatory student fees to fund student abortion insurance. The author compares the students' arguments that the use of their fees violated their first amendment right to free association and free exercise of religion against recent Supreme Court cases of first amendment rights. The author concludes that, while the students' argument of free association was properly denied, their free exercise of religion claim should have been upheld.

California Landlords' Duty To Protect Tenants From Criminals, Karen M. Brown

San Diego Law Review

This Comment examines the status of a California landlord's duty to provide security measures for his tenant. The author analyzes and critiques recent appellate court decisions that have required prior criminal conduct on the premises as a prerequisite to holding a landlord liable in tort for criminal acts. The author argues that the focus of inquiry should be on whether the landlord has been reasonable in providing protective measures and further argues that certain minimum safety requirements should be legislatively enacted.

Successful I.R.S. Challenges To Dean And Crown: An Uncertain Future For Interest-Free Loans?, Thomas A. Dombrowski

San Diego Law Review

This Comment critiques two recent decisions, Hardee v. United States and Dickman v. Commissioner, in which the IRS successfully challenged the favorable income and gift tax treatment accorded interest-free loans. The author examines the history of the interest-free loan cases and the various interpretations of the Internal Revenue Code. The author also examines the favorable precedents in Dean v. Commissioner and Crown v. Commissioner. The author concludes that, although the IRS' position that interest-free loans are taxable events may be logically defensible, the Hardee and Dickman decisions are unlikely to undermine the precedents established in Dean and Crown.

Due-On-Sale Clauses After Passage Of The Garn Act: More Questions Than Answers?, Elizabeth M. Hufker

San Diego Law Review

This Comment examines the unresolved issues that have survived the passage of the Garn-St. Germain Depository Institutions Act. The author provides a history of due-on-sale clauses and then examines the Garn Act, specifically focusing on the date the window period begins, the extent to which the window is abrogated by exceptions provided in the Act, the status of conversion loans and the constitutionality of its retroactive application. The author argues that the resolution of many of these issues in unclear under the terms of the Garn Act and will require court intervention and clarification.

Federal Water Pollution Laws: A Critical Lack Of Enforcement By The Environmental Protection Agency, Edward E. Yates

San Diego Law Review

This Comment critiques the EPA's use of its discretionary power in enforcing water pollution problems under the Clean Water Act, arguing that the EPA's use of its discretionary power to stay enforcement of environmental standards has resulted in the continued existence of many environmental problems. The author traces the federal role in water pollution enforcement and the development of the use of federal discretionary powers. The author further examines the viability of citizen suits and other alternatives to EPA enforcement. The author presents a proposal to strengthen the enforcement of the Clean Water Act by limiting discretionary enforcement.

Ronald H. Maudsley And The University Of San Diego, Donald T. Weckstein

San Diego Law Review

A dedication to Professor Ronald Maudsley.

In Re Lattouf's Will And The Presumption Of Lifetime Fertility In Perpetuity Law, Lawrence W. Waggoner

San Diego Law Review

This Article provides a brief discussion on the presumption of lifetime fertility and the decision in In Re Lattouf's Will, which allowed the presumption of lifetime fertility to be rebutted. The author argues that the adoption of children is an ever present complication of class gifts and the Rule Against Perpetuities and that any effort to find the presumption of lifetime fertility to be rebuttable is illusory. Analyzing the decision in In re Lattouf's Will, the author concludes that the gift could have been sustained even in the face of an irrebuttable presumption.