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Articles 331 - 360 of 7926
Full-Text Articles in Law
In Memory Of John D. Appel (1932-1992)
John D. Appel, Leslie Berman
Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
Cardozo Law Review
No abstract provided.
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
San Diego Law Review
In 1990, Congress attempted to fill a long-standing void in the United States immigration laws by providing an updated immigrant investor visa codified as section 203(b)(5) of the Immigration and Nationality Act. The old, obsolete immigrant investor visa had only required a $40,000 investment. The new visa generally requires a $1,000,000 investment. The demand for this new higher priced version has, however, been exceedingly low. Although this immigrant investor visa category allows for 10,000 visa issuances per year, only 78 were issued in fiscal 1992 and no more than 500 are expected to be issued in fiscal 1993. This Article …
Labor Certification: Six Different Ways And Reasons For Establishing Dissimilarity Between Two Employment Positions, Lorna Rogers Burgess
Labor Certification: Six Different Ways And Reasons For Establishing Dissimilarity Between Two Employment Positions, Lorna Rogers Burgess
San Diego Law Review
In alien employment certification and labor condition attestation, a distinction between two jobs must be established if an alien's previous experience with the same employer is to be used as a qualifying credential in labor certification. Two jobs must also be distinguished when challenging a state wage determination. A successful challenge often requires establishing a dissimilarity between the job offered and those to which it is compared. What makes two jobs different in these circumstances is difficult to determine. This Article explores the methodology applied by the Department of Labor in distinguishing between jobs in contexts including utilization of an …
An Agenda For The Commission On Immigration Reform, Carlos Ortiz Miranda
An Agenda For The Commission On Immigration Reform, Carlos Ortiz Miranda
San Diego Law Review
This Article offers agenda topics for the members of the Commission on Immigration Reform (Commission) to consider in their deliberations in the early 1990s. The topics discussed in the Article cover those that Congress specifically requested the Commission to evaluate, as well as other topics that the Commission may have found within its authority to evaluate. Final recommendations made by the Commission to the Congress in its final report due in 1997 had the potential to shape legislative policy choices in the area of immigration reform during the first part of the twenty-first century.
Curing The Ake Of An Incompetent Expert: A Separate Reviewable Issue, Kenneth S. Roberts
Curing The Ake Of An Incompetent Expert: A Separate Reviewable Issue, Kenneth S. Roberts
San Diego Law Review
The Supreme Court's mid-1980s decision in Ake v. Oklahoma established the defendant's constitutional right to "competent psychiatric assistance." Although many states had already provided indigent defendants access to psychiatric assistance in their defense, it was not until the Court decided Ake that this access was established as his or her constitutional right. However, whether this due process right to expert assistance was satisfied by the mere appointment of a psychiatrist or whether it included the requirement that the expert perform competently had remained unanswered as of 1992. This Comment attempts to address this issue in the affirmative and additionally develops …
Resistance To Military Conscription Or Forced Recruitment By Insurgents As A Basis For Refugee Protection: A Comparative Perspective, Arthur C. Helton
Resistance To Military Conscription Or Forced Recruitment By Insurgents As A Basis For Refugee Protection: A Comparative Perspective, Arthur C. Helton
San Diego Law Review
This Article discusses certain instances in which claims for refugee protection could be recognized, even though they are asserted in the context of armed conflict and based on objection to participation in the conflict. While other nations rely on international principles to interpret treaty-derived terms in statutes governing refugee matters, the United States Supreme Court has ignored this convention in taking a restrictive approach to refugee protection. By narrowly construing the term "political opinion" and unduly focusing on the persecutor's state of mind, the Court has limited the scope of protection for thousands of legitimate asylum seekers. The decisions of …
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
San Diego Law Review
During the height of the Central American civil wars of the 1980s, the Ninth Circuit Court of Appeals established liberal precedent for granting asylum under the Immigration and Nationality Act to deportable aliens who had been threatened for resisting government or guerrilla service in their native countries because of their political opinions (including neutrality), whether expressed, implied, or imputed to them by those who meant them harm. However, in INS v. Elias-Zacarias, the Supreme Court reversed the Ninth Circuit and stated that an asylum applicant's political opinion may not be imputed to him by the actions of his alleged persecutors. …
Safe Haven For Salvadorans In The Context Of Contemporary International Law--A Case Study In Equivocation, Todd Howland, Amy Beer, Tim Everett, Evangeline Nichols Ordaz
Safe Haven For Salvadorans In The Context Of Contemporary International Law--A Case Study In Equivocation, Todd Howland, Amy Beer, Tim Everett, Evangeline Nichols Ordaz
San Diego Law Review
This Article analyzes the basis for safe-haven programs for refugees fleeing war and civil strife under contemporary principles of international law. The authors trace the development of safe-haven programs in the United States and offer an analysis and critique of the Temporary Protected Status program created by the Immigration and Nationality Act of 1990. Focusing on the struggle to gain safe haven for refugees from El Salvador, the authors review the United States government's historical use of safe haven programs as a political tool. Finally, the Article looks at how other countries have responded to refugee crises and suggests a …
Federal Common Law And The Need For Uniformity In The Regulation Of Federal Savings And Loan Associations And Federal Credit Unions, Raquel Maria Prieguez
Federal Common Law And The Need For Uniformity In The Regulation Of Federal Savings And Loan Associations And Federal Credit Unions, Raquel Maria Prieguez
San Diego Law Review
Federal courts have authority to fashion federal common law in a few narrow instances. Through an examination of relevant precedent in the area of federal common law, this Comment identifies essential factors necessary for the fashioning of federal common law where the rights and duties of the United States are involved. It then applies the findings to the issue of whether state or federal law should govern in actions against officers and directors of federal savings and loan associations and federal credit unions for breach of fiduciary duties or breach of bylaws. This Comment also finds that some federal courts …
Rider V. County Of San Diego: Special Districts And Special Taxes Under Proposition 13, William A. Stahr
Rider V. County Of San Diego: Special Districts And Special Taxes Under Proposition 13, William A. Stahr
San Diego Law Review
The voters of California passed initiative Proposition 13 in 1978. This initiative limited the ability of state and local taxing authorities to raise revenue. The courts were left with the difficult task of interpreting that initiative as applied to numerous factual situations, a task made more difficult by the lack of any meaningful legislative history. When San Diego County sought to finance certain judicial and criminal facilities with a sales tax increase, the California Supreme Court had already lain out an analysis of Proposition 13 that suggested the new tax was constitutionally imposed. However, upon challenge in Rider v. County …
Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley
Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley
Vanderbilt Journal of Transnational Law
Professor Quigley questions whether the United States should guarantee loans for Israel in light of Israel's continued occupation of the West Bank. The author believes that Israel's policies of displacing the local Palestinian population and transferring its own population into the West Bank violate the Geneva Civilian's Convention and the accepted principles of belligerent occupation. Consequently, Mr. Quigley argues that any aid the United States gives Israel might facilitate these illegitimate activities and make the aid grant itself an illegal act in the eyes of the international community. Professor Quigley concludes that the United States support of Israel's settlement activities …
The European Community After 1992: The Freedom Of Movement Of People And Its Limitations, Ricou Heaton
The European Community After 1992: The Freedom Of Movement Of People And Its Limitations, Ricou Heaton
Vanderbilt Journal of Transnational Law
The end of 1992 has attained significance as the time when borders and barriers to the free movement of people within the European Community (EC) should dissolve. This Note examines those actions taken by EC institutions and member states that are determining the nature of this freedom. This Note explains the major EC institutions and the steps they have taken with respect to freedom of movement. This Note also describes the Schengen Convention, an agreement between , eight EC states that provides a blueprint for dismantling internal borders and strengthening external ones. The author discusses how member states' desire to …
Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon
Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon
Articles
No abstract provided.
The Payne Of Allowing Victim Impact Statements At Capital Sentencing Hearings, Michael I. Oberlander
The Payne Of Allowing Victim Impact Statements At Capital Sentencing Hearings, Michael I. Oberlander
Vanderbilt Law Review
A teenage boy returns from a night out with his friends to find his home in disarray; furniture is strewn about and valuable belongings are missing. He ventures towards his parents' bedroom, unaware of the horrific scene that he soon will witness. As he enters his parents' bedroom a sudden sense of reality washes over him as he views the scene in the room: his parents are dead on their bed, in inhuman, violently conorted positions, with blood covering the sheets, their bodies, the floor, and the walls. The boy, in shock, reaches for the phone and calls the police. …
The Supreme Court, Abortion, And The Jurisprudence Of Class, Wendy K. Mariner
The Supreme Court, Abortion, And The Jurisprudence Of Class, Wendy K. Mariner
Faculty Scholarship
The US Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v Casey both protects a woman's liberty to choose to terminate her pregnancy and permits the state to make it more difficult for her to exercise her choice. In their opinion on the case, Justices O'Connor, Kennedy, and Souter eloquently defend constitutional protection of the right to make intimate decisions like continuing or ending a pregnancy. At the same time, they permit the state to try to persuade pregnant women not to have abortions and to make abortion harder to obtain and more costly, as long as the state's …
John D. Appel, Arthur J. Jacobson
Dancer, Teacher, Colleague, Monroe E. Price
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
Cardozo Law Review
No abstract provided.
A Restatement Of Rabbinic Civil Law, Vol. I By Emanuel Quint, Emanuel Rackman
A Restatement Of Rabbinic Civil Law, Vol. I By Emanuel Quint, Emanuel Rackman
Cardozo Law Review
No abstract provided.
Ute Indian Rights Settlement Act, United States 102nd Congress
Ute Indian Rights Settlement Act, United States 102nd Congress
Native American Water Rights Settlement Project
Federal Legislation, Title V - Ute Indian Rights Settlement of the 1992 Act To authorize addition Act to authorize additional appropriations for the construction of the Buffalo Bill Dam & Reservoir, Shoshone Project, Pick-Sloan MO Basin Program, WY, PL 102-575, 106 Stat. 4601, 4650 (Oct. 30, 1992). Parties: US & Ute Tribe. The 1990 Compact is ratified. The Act and revised Ute Indian Compact of 1990 are intended to quantify the Tribe’s reserved water rights; allow increased beneficial use of the water and put the Tribe in the same economic position it would have enjoyed had the Upalco and Uintah …
Motions 1992 Volume 6 Number 2, University Of San Diego School Of Law Student Bar Association
Motions 1992 Volume 6 Number 2, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
1992 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
1992 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
Scholars and Artists Bibliographies
This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti
An Act To Authorize Additional Appropriations For The Construction Of The Buffalo Bill Dam And Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming, United States Congress
An Act To Authorize Additional Appropriations For The Construction Of The Buffalo Bill Dam And Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming, United States Congress
US Government Documents Related to Indigenous Nations
This United States (US) public law (Public Law 102-575), passed on October 30, 1992, also known as the “Reclamation Projects Authorization and Adjustment Act of 1992” contains a number of acts providing additional appropriations for various reclamation projects in the United States. The subsection known as the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act” (found on page 4,731) states that the US Congress did not adequately compensate the Mandan, Hidatsa, and Arikara tribes (The Three Affiliated Tribes) or the Standing Rock Nation (Standing Rock Sioux Tribe) for prime lands that were taken for construction of the …
Comments Of The National Association Of Black Owned Broadcasters, Inc., The National Black Media Coalition And The National Bar Association, Inc., J. Clay Smith Jr.
Comments Of The National Association Of Black Owned Broadcasters, Inc., The National Black Media Coalition And The National Bar Association, Inc., J. Clay Smith Jr.
Selected Speeches
No abstract provided.
San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress
San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress
Native American Water Rights Settlement Project
Federal Legislation: San Carlos Apache Tribe Water Rights Settlement Act of 1992, Title 37 of An Act to authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming (Oct. 30, 1992) PL 102-575, 106 Stat. 4600, 4740. Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improve and Power District, Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. Tribe is a part of the Gila Water Rights Adjudication. This Act ratifies …
Newsletter - 1992-10-29, E. De La Garza
Newsletter - 1992-10-29, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Special Meeting - October 28, 1992, Las Vegas Chapter Of The National Bar Association
Special Meeting - October 28, 1992, Las Vegas Chapter Of The National Bar Association
Membership Meetings
No abstract provided.
The Opinion Volume 33 Number 6 – October 27, 1992, The Opinion
The Opinion Volume 33 Number 6 – October 27, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 27, 1992