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Articles 31 - 60 of 153
Full-Text Articles in Immigration Law
Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James
Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James
San Diego Law Review
This Article analyzes the renunciation of United States citizenship by the Hebrew Israelite Community, a small obscure religious cult. It examines the legal justification for the Department of State restoring citizenship to those who expatriated themselves. The Department of State recognized that pressure by the Hebrew Israelite Community leadership for its members to renounce their citizenship, whether intense or nominal, whether there were alternatives or not, was ipso facto coercion. The author finds that the Department of State's special policy and procedures to facilitate the restoration of citizenship to the former cult members is a welcome development. The Article examines …
Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy
Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy
San Diego Law Review
This Article examines some of the driving forces behind the "immigrant investor" category created by the Immigration Act of 1990. The authors find that the "immigrant investor" provision was motivated by a recognition that foreign investment is both beneficial and necessary to the U.S. economy. They also find that Congress was driven by an awareness that America must resist stiff competition from other countries for the foreign investor dollar. The Article examines the legislative history of the provision, as well as the forces responsible for its creation. The authors conclude that by enacting the investor employment-creation visa provision of the …
"Strike Three Yer Out!?": Examining The Constitutional Limits On The Use Of Prior Uncounseled Dwi Convictions To Impose Mandatory Prison Sentences On Repeat Dwi Offenders, Marty Jaquez
San Diego Law Review
This Comment examines the constitutional implications of using prior uncounseled DWI convictions to incarcerate repeat DWI offenders. The Comment reviews the Supreme Court decisions that established the right to court-appointed counsel for the indigent accused and examines the federal constitutional limitations on the collateral use of prior uncounseled DWI convictions. It also critically evaluates state court decisions involving the collateral use of prior uncounseled DWI convictions. The author concludes that, because an uncounseled conviction is inherently unreliable, it should not be used to mandatorily incarcerate a DWI repeat offender.
Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes
Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes
San Diego Law Review
Who cleans up, when and how, and who pays are critical questions in the cleanup of pollution. Many companies identified by the government as parties responsible for past hazardous waste releases were insured under Comprehensive General Liability policies. In AIU Ins. Co. v. Superior Court, decided in 1990, the California Supreme Court unanimously held that that these Comprehensive General Liability policies cover the cost of complying with cleanup procedures under the Comprehensive Environmental Response, Compensation and Liability Act of 1980. Thus, insurers must pay for the cleanup costs of pollution by the companies they insure. This Casenote examines this decision, …
Report Of The Committee On Immigration And Nationality Law Of The Association Of The Bar Of The City Of New York: An Analysis Of Discrimination Resulting From Employer Sanctions And A Call For Repeal, Martha F. Davis, Lucas Guttentag, Allan H. Wernick
Report Of The Committee On Immigration And Nationality Law Of The Association Of The Bar Of The City Of New York: An Analysis Of Discrimination Resulting From Employer Sanctions And A Call For Repeal, Martha F. Davis, Lucas Guttentag, Allan H. Wernick
San Diego Law Review
In this Article, Ms. Davis and Messrs. Guttentag and Wernick analysis the legislative history of the Immigration Reform and Control Act (IRCA) signed into law on November 6, 1998. Their analysis indicates that in preparing the Act, the Government Accounting Officer (GAO) adopted an unduly stringent standard, limiting the types of employment discrimination relevant to its inquiry, understating the level of discrimination reflected in the data and requiring quantification of the victims of any discrimination and evidence of a wide geographic or cross-industry spread of discrimination. After setting forth its analysis, the Committee on Immigration and Nationality Law of the …
Swords Into Ploughshares: Why The United States Should Provide Refuge To Young Men Who Refuse To Bear Arms For Reasons Of Conscience, Karen Musalo
San Diego Law Review
In this Article, Professor Musalo argues that fulfillment of the letter and spirit of the Refugee Act requires granting asylum to "conscientious objectors." The U.S. passed the Refugee Act in 1980 and set forth within it a definition of refugee. Overtime, the INS has advocated for a limitation to this definition and the Board of Immigration Appeals (Board) has generally acquiesced. As interpreted, the young man who flees his home country rather than be forced to join the military and participate in activities in violation of his religious, moral, or political convictions either can not seek political asylum in the …
Review Of Visa Denials: The American Consul As 20th Century Absolute Monarch, Leon Wildes
Review Of Visa Denials: The American Consul As 20th Century Absolute Monarch, Leon Wildes
San Diego Law Review
In this Article, Mr. Wildes argues that the lack of any meaningful administrative or judicial review of the denial of United States entry visas is one of the major outrages of the American immigration system. The issue arises out of a denial of certiorari in Centeno v. Shultz, an appeal from the Fifth Circuit Court of Appeals. The Court of Appeals had held that a consular determination denying an alien's application for a visitor's visa to the U.S. was not subject to judicial review. The court argued it lacked jurisdiction. The author questions the power of Congress to limit the …
From Definition To Exploration: Social Groups And Political Asylum Eligibility, Maureen Graves
From Definition To Exploration: Social Groups And Political Asylum Eligibility, Maureen Graves
San Diego Law Review
In this Article, Professor Graves argues that courts should neither pioneer nor acquiesce in attempts to reduce asylum eligibility to a level more "realistic" than that mandated by Congress. Mr. Graves argues that undue obstacles already exist for political asylum applicants. The government is raising the bar even higher by defining and applying the concept of "persecution" on account of "membership in a particular social group." In its attempts to define these words, the Judiciary has come into conflict with flexibility intended by Congress when it passed the Immigration and Nationality Act. The Article examines the congressional intent and the …
Restricting The Use Of Sound-Alikes In Commercial Speech By Amending The Right Of Publicity Statute In California, Katherine L. Blanck
Restricting The Use Of Sound-Alikes In Commercial Speech By Amending The Right Of Publicity Statute In California, Katherine L. Blanck
San Diego Law Review
In this Comment, the author discusses the trend in the entertainment and advertising media of selling celebrity personas in connection with the promotion of commercial products. The trend has progressed such that advertisements are using an imitation of a celebrity voice to attract attention to a product. These advertisements are dubbed "sound-alike" commercials because they involve a third person attempting to sound like a particular celebrity. The author argues that the current legal framework is inadequate to protect the rights of the celebrity. He suggests that the California legislature amend the right of publicity statute to encompass these vocal imitations. …
Freitas After Villegas: Are Sneak-And-Peek Search Warrants Clandestine Fishing Expeditions, Gail Armist
Freitas After Villegas: Are Sneak-And-Peek Search Warrants Clandestine Fishing Expeditions, Gail Armist
San Diego Law Review
This Note examines federal circuit law in the area of covert warrants. Specifically it discusses a Second Circuit Court of Appeals decision upholding a warrant that authorized surreptitious entry into private premises in light of Ninth Circuit law striking down a similar warrant for failure to provide for reasonable post search notice. The author analyzes the potential effects of the Second Circuit's decision on the area of covert warrants in the Ninth Circuit and examines the constitutionality of these warrants. After placing the covert warrants in the context of the Constitution, Title III of the Omnibus Crime Control and Safe …
National Collegiate Athletic Association V. Tarkanian: If Ncaa Action Is Not State Action, Can Its Members Meaningfully Air Their Dissatisfaction, Susan Westover
San Diego Law Review
In National Collegiate Athletic Association v. Tarkanian, the United States Supreme Court held that the NCAA is not amenable to the constitutional restraints of the fourteenth amendment. Specifically, the Court found that certain conduct by the NCAA in its appellate procedures is not state conduct, a requirement necessary to invoke the fourteenth amendment. This Note addressed the significance of the Court's finding. It argues that adherence to the above rule may lead to an inequitable and inadequate procedure for student athletes and member schools. In conclusion, the Note presents a viable alternative for those members seeking fair procedural treatment when …
Legal Immigration Reform, Alan K. Simpson
Legal Immigration Reform, Alan K. Simpson
San Diego Law Review
In this Article, Senator Simpson discusses Congress's sweeping legislation to control illegal immigration, the Immigration Reform and Control Act of 1996. Despite the passage of this legislation further legal immigration reform is still needed. The Article notes what reform is needed and addresses some of the major issues that Congress should consider when addressing it. Specifically, the two methods to achieve are (1) setting a national level of immigration which will be periodically reviewed by Congress and the Executive branch, and (2) increasing the number and proportion of visas granted to immigrants based on their skills or U.S. labor market …
A Research Agenda For Immigration Law: A Report To The Administrative Conference Of The United States, Stephen H. Legomsky
A Research Agenda For Immigration Law: A Report To The Administrative Conference Of The United States, Stephen H. Legomsky
San Diego Law Review
In this Article, Professor Legomsky notes the increased degree of attention on, and the importance of, immigration law. Specifically, Congress amended the Immigration and Nationality Act (INA) and these amendments will require new administrative machinery and present new problems of both law and policy. In addition, numerous immigration bills have been introduced and more are inevitable. In light of this increased attention, the Administrative Conference of the United States set out to identify the specific areas of immigration law in which study of administrative procedures would be especially productive. At the request of the Conference, the author identifies thirteen immigration …
Implementing Family Unification Rights In American Immigration Law: Proposed Amendments, John Guendelsberger
Implementing Family Unification Rights In American Immigration Law: Proposed Amendments, John Guendelsberger
San Diego Law Review
In this Article, Professor Guendelsberger examines the provisions of American immigration law that impede the entry of immediate family members of permanent resident aliens. It focuses particularly on the numerical limitations - the annual ceiling and the per-country ceiling on preference category visas - which force applicants from countries of high immigration demand to wait for long periods of time before visas become available. As a result, spouses and minor children of some permanent resident aliens enter immediately, while those from countries like Mexico or the Philippines must wait as long as eight years. The situation is further exacerbated by …
Leave For Appeal: Departure As A Requirement For Review Of Deportation Orders, Peter J. Spiro
Leave For Appeal: Departure As A Requirement For Review Of Deportation Orders, Peter J. Spiro
San Diego Law Review
In this Article, Mr. Spiro addresses the congressional amendments to the Immigration Naturalization Act meant to combat the legal maneuvers calculated to defeat the execution of deportation orders. The addition of section 106 was meant to prohibit all appeals of deportation orders under which an alien had already departed the United States. The author analyzes the legislative history of the provision and notes that Congress intended to the departure rule to apply even in more egregious cases of INS misbehavior. The author discusses federal circuit law and finds that neither the rule nor its exception best serve the dual objectives …
Rethinking The Role Of Politics In United States Immigration Law: The Helsinki Accords And Ideological Exclusion Of Aliens, Carlos Ortiz Miranda
Rethinking The Role Of Politics In United States Immigration Law: The Helsinki Accords And Ideological Exclusion Of Aliens, Carlos Ortiz Miranda
San Diego Law Review
In this Article, Mr. Miranda examines the statutory framework and case law addressing the ideological exclusion of aliens from the United States in light of the Helsinki Accords. The ideological exclusion, embodied in the Immigration and Nationality Act of 1952, is used to bar entry of noncitizens to the United States because of their espousal of proscribed ideologies. Congress temporarily suspended the ideological provisions until March 1, 1989 to allow for further comprehensive and permanent revisions in the area of deportation and exclusion. The Article is intended to contribute to the ongoing dialogue concerning such permanent and much needed changes.
A Comparative Study Of The Legal Rights And Duties Of Lawful Aliens In The United States And The People's Republic Of China, James Kraus, Wang Huijun
A Comparative Study Of The Legal Rights And Duties Of Lawful Aliens In The United States And The People's Republic Of China, James Kraus, Wang Huijun
San Diego Law Review
In this Article, Messrs. Kraus and Huijun set forth a comparative study of the legal rights and duties of aliens residing in the United States and in the People's Republic of China. Historical patterns and practices regarding aliens are considered for their contribution to and influence on current law and policies. The core of the Article focuses on the treatment of aliens under current law in both countries, how that law functions, and future perspectives. It does so primarily by contrasting the legal and practical positions of lawful aliens, as opposed to citizens, in both countries.
Protection For Undocumented Workers Under The Flsa: An Evaluation In Light Of Irca, Susan Charnesky
Protection For Undocumented Workers Under The Flsa: An Evaluation In Light Of Irca, Susan Charnesky
San Diego Law Review
In Sure-Tan v. NLRB, the United States Supreme Court held that undocumented workers are protected under the National Labor Relations Act. This Comment argues that protection should be extended under the Fair Labor Standards Act. This Comment also looks at the Immigration Reform and Control Act of 1986 (IRCA), and argues that the passage of IRCA should not affect the right of undocumented workers to be protected and receive remedies under the labor laws.
Irca's Antidiscrimination Provisions: Protections Against Hiring Discrimination In Private Employment, Richard Magalski
Irca's Antidiscrimination Provisions: Protections Against Hiring Discrimination In Private Employment, Richard Magalski
San Diego Law Review
Employers who hire unauthorized aliens face strict penalties from the Immigration Reform and Control Act of 1986 (IRCA). Recognizing the potential for discrimination against authorized aliens and United States citizens of minority national origin, IRCA also provides an administrative procedure to handle these discrimination claims. This Comment examines how the current antidiscrimination protections of title VII and 42 U.S.C. § 1981 can be used to supplement the IRCA protections. The conclusion is that IRCA, title VII, and section 1981 can interact to provide adequate protection for those likely to be the target of discrimination.
Introduction, Daniel E. Lungren
Introduction, Daniel E. Lungren
San Diego Law Review
Immigration has been our heritage. It has largely determined who we are as well as who we will be. It is not merely a cliche-we are indeed a land of immigrants.
Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, Michael G. Heyman
Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, Michael G. Heyman
San Diego Law Review
This Article examines the legal protections afforded by immigration law for victims of civil strife. Using the displaced victims of civil strife in El Salvador as an example, the author examines the predicament of such victims, surveys various solutions that exist under current law, and concludes that United States immigration law fails to offer relief or remedy. In light of these deficiencies, the author proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.
Significant Developments In The Immigration Laws Of The United States 1986, Robert C. Niesley
Significant Developments In The Immigration Laws Of The United States 1986, Robert C. Niesley
San Diego Law Review
This Synopsis highlights significant legal developments that occurred in immigration law in 1986. The Supreme Court decided only one immigration case during this period, dealing with the definition of "child" in Immigration and Nationality Act section 244 suspension of deportation cases. The lower federal courts were highly active, dealing with a wide range of important immigration issues. The most significant development in 1986 was the passage by the 99th Congress of the Immigration Reform and Control Act of 1986 (IRCA). Passage of IRCA culminates six years of congressional attempts to reach an agreement on immigration reform. Seemingly cutting both ways, …
The Immigration Reform And Control Act Of 1986, Daniel E. Lungren
The Immigration Reform And Control Act Of 1986, Daniel E. Lungren
San Diego Law Review
This Article examines the recent passage of the Immigration Reform and Control Act of 1986 (IRCA). The author discusses previous legislative attempts to control immigration and the legislative evolution of this new immigration reform bill. The author highlights the major provisions that are integral to comprehensive immigration reform legislation.
Detention Of Aliens, Paul Wickham Schmidt
Detention Of Aliens, Paul Wickham Schmidt
San Diego Law Review
This Article examines the general principles relating to detention of aliens in exclusion and deportation situations. The author surveys the legal issues in various important areas of the detention controversy. The author concludes by exploring how the Immigration and Naturalization Service can most effectively utilize detention in the future.
Setting Bail In Deportation Cases: The Role Of Immigration Judges, Janet A. Gilboy
Setting Bail In Deportation Cases: The Role Of Immigration Judges, Janet A. Gilboy
San Diego Law Review
This Article examines the administrative review process with respect to bail setting by the Immigration and Naturalization Service (INS). The author describes the administrative review process through a case study of bond redetermination applications to immigration judges in Chicago and examines some preliminary data on the consequences of bail decisions for aliens' failure to appear in court and failure to depart the country after being granted voluntary departure. The author suggests the difficulties of both immigration judges and the INS in adequately distinguishing among aliens deserving or undeserving of stronger controls. The author further evaluates several proposals for immigration bail …
Walking A Gray Line: The Color Of Law Test Governing Noncitizen Eligibility For Public Benefits, Robert Rubin
Walking A Gray Line: The Color Of Law Test Governing Noncitizen Eligibility For Public Benefits, Robert Rubin
San Diego Law Review
This Article analyzes the color of law standard in determining eligibility of noncitizens for public benefits, and outlines the impact of the Immigration Reform and Control Act of 1986 on benefit eligibility. The author reviews the legislative history and judicial construction of the standard, and proposes a working definition of "permanently residing. . . under color of law" that would include those aliens with implied or express permission to remain in the country, but exclude undocumented aliens and those who are temporarily present.
The Substantial Presence Test Exceptions: Taxing Problems For The Alien, J. Scott Kircher
The Substantial Presence Test Exceptions: Taxing Problems For The Alien, J. Scott Kircher
San Diego Law Review
This Comment addresses the issue of the potential tax liability of aliens present in the United States. The author argues that the first step in determining potential tax liability is the classification of an alien as either a resident or nonresident, and that Congress created two tests in an attempt to make the classification simple and objective. The author argues that the "green card" test accomplishes this congressional goal, while the "substantial presence" test is complicated and its exceptions depend on subjective criteria. The author concludes that, under the "substantial presence" test, residency determination is unpredictable and will likely result …
The Turning Point Approaches: The Political Offense Exception To Extradition, John Lafferty
The Turning Point Approaches: The Political Offense Exception To Extradition, John Lafferty
San Diego Law Review
This Comment examines the court's use of the political offense exception to extradition to find that fugitive Provisional Irish Republican Army members discovered in the United States are not extraditable to the United Kingdom. The author argues that the recent ratification of a supplementary extradition treaty with the United Kingdom virtually eliminates the political offense exception between the two countries. The author further argues that this treaty is contrary to the long-standing history and purpose of extradition and the political offense exception and presents a proposal for legislative reform.
Remedies For Undocumented Workers Following A Retaliatory Discharge, Joseph Nalven
Remedies For Undocumented Workers Following A Retaliatory Discharge, Joseph Nalven
San Diego Law Review
This Comment addresses the availability of remedies for undocumented workers for retaliatory discharge in light of the Supreme Court's decision in Sure-Tan, Inc. v. NLRB. The author suggests that, while courts traditionally hold that undocumented workers are "employees" under the National Labor Relations Act and are protected against retaliatory constructive discharges by employers, there is ambiguity as to the remedies available to undocumented workers who have been subject to such discharges. The author argues that, in Sure-Tan, the Court held that the affected workers could not receive back pay or reinstatement remedies until they were legally present in the United …
Significant Developments In The Immigration Laws Of The United States 1985, Diane H. Sparrow
Significant Developments In The Immigration Laws Of The United States 1985, Diane H. Sparrow
San Diego Law Review
This Synopsis highlights significant legal developments that occurred in the field of immigration in 1985. Although the Supreme Court decided only two cases concerning immigration law, the lower federal courts were highly active, especially with respect to issues evolving from illegal immigration. In 1985, increasing public debate in the United States over such issues as the sanctuary movement and the need for major immigration reform legislation evidenced the present lack of consensus as to the political, social, and economic effects which result from the flow of undocumented immigrants into this country.