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Articles 4861 - 4890 of 5646

Full-Text Articles in Immigration Law

Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack Jan 1993

Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack

St. Mary's Law Journal

Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …

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Industrialization In The Borderlands And The Nafta Treaty., Phillip D. Hardberger Jan 1993

Industrialization In The Borderlands And The Nafta Treaty., Phillip D. Hardberger

St. Mary's Law Journal

Abstract Forthcoming.

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Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr. Jan 1993

Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.

St. Mary's Law Journal

A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …

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Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears Jan 1993

Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears

St. Mary's Law Journal

This Article is intended as a primer in contracting for the United States attorney counseling clients doing business in Mexico. Thus, this Article begins by surveying the legal foundations of contracting in Mexico. This includes basic contract principles in Mexico’s civil-law system, the distinction between civil and commercial contracts, and procedural formalities applicable to contracts in Mexico. Following the introduction is a discussion of successful contract negotiations in Mexico, including certain cultural factors and Mexican business customs which can affect negotiations. This section includes suggestions for preparing for negotiations and managing the negotiation process to obtain the best result. Next, …

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Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote Jan 1993

Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote

Articles

No abstract provided.

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Give Me Liberty Or Give Me Death: Political Asylum And The Global Persecution Of Lesbians And Gay Men, Suzanne B. Goldberg Jan 1993

Give Me Liberty Or Give Me Death: Political Asylum And The Global Persecution Of Lesbians And Gay Men, Suzanne B. Goldberg

Faculty Scholarship

In a time marked by dramatic global change, women and men persecuted because they are lesbian or gay form part of the growing pool of international refugees. Their persecution takes the form of police harassment an assault, involuntary institutionalization and electroshock and drug "treatments," punishment under laws that impose extreme penalties including death for consensual lesbian or gay sexual relations, murder by paramilitary death squads, and government inaction in response to criminal assaults against lesbians and gay men. The survival of these women and men, like the survival of all refugees, depends on obtaining asylum outside the home country. Yet, …

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Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin Jan 1993

Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin

Scholarly Articles

No abstract provided.

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Framing A Texas Bill Of Rights Argument., James C. Harrington Jan 1993

Framing A Texas Bill Of Rights Argument., James C. Harrington

St. Mary's Law Journal

As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …

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Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr. Jan 1993

Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.

St. Mary's Law Journal

Knowing who owns what suddenly became important in Russia because of dramatic economic and market reforms of the Yeltsin government. The transfer of property, from the state to the private sector is at the heart of the reforms. It is generally recognized the “foundations of a market-based economic system are property rights and private ownership.” The purposes of this article are to (1) summarize reforms which successfully introduced a scheme of private ownership in Russia, as demonstrated by the Nizhny Novgorod experiment, and (2) discuss those property rights which remain unclear. Accordingly, the second and third parts of the article …

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Judging In The Quiet Of The Storm., Shirley S. Abrahamson Jan 1993

Judging In The Quiet Of The Storm., Shirley S. Abrahamson

St. Mary's Law Journal

Justice Benjamin Cardozo evaluates the elements he believes motivate judges in deciding cases in The Nature of the Judicial Process. Judge Cardozo focuses primarily on common-law courts deciding common-law cases. Although state-court dockets cover a wider variety of topics today and the legal landscape has changed, The Nature of the Judicial Process remains influential. The basis of Judge Cardozo’s approach is to first extract principles from past cases and apply them to new fact situations. Cardozo refers to this process as the method of philosophy. As precedent cannot readily solve all new disputes, this process may require judges select from …

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The Great Speech Perspective., Jon Larsen Shudlick Jan 1993

The Great Speech Perspective., Jon Larsen Shudlick

St. Mary's Law Journal

Abstract Forthcoming.

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Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii Jan 1993

Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii

St. Mary's Law Journal

Abstract Forthcoming.

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A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley Jan 1993

A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley

St. Mary's Law Journal

This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …

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Polishing The Tarnished Golden Door, Michael A. Scaperlanda Jan 1993

Polishing The Tarnished Golden Door, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

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Home Relief Jan 1993

Home Relief

Touro Law Review

No abstract provided.

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The Multicultural Self, M. M. Slaughter Jan 1993

The Multicultural Self, M. M. Slaughter

Cardozo Law Review

No abstract provided.

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Hiv-Infected Haitian Refugees: An Argument Against Exclusion, Elizabeth Mccormick Jan 1993

Hiv-Infected Haitian Refugees: An Argument Against Exclusion, Elizabeth Mccormick

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin Jan 1993

Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose Nov 1992

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 …

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An Agenda For The Commission On Immigration Reform, Carlos Ortiz Miranda Nov 1992

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.

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Resistance To Military Conscription Or Forced Recruitment By Insurgents As A Basis For Refugee Protection: A Comparative Perspective, Arthur C. Helton Nov 1992

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 …

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Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn Nov 1992

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. …

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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 Nov 1992

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 …

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Persecution On Account Of Political Opinion: "Refugee" Status After Ins V. Elias-Zacarias, 112 S. Ct. 812 (1992), Craig A. Fielden Oct 1992

Persecution On Account Of Political Opinion: "Refugee" Status After Ins V. Elias-Zacarias, 112 S. Ct. 812 (1992), Craig A. Fielden

Washington Law Review

In INS v. Elias-Zacarias, the Supreme Court examined the definition of "refugee" under the Refugee Act of 1980 and found that harm from refusing to join a guerrilla organization is not "persecution on account of political opinion" as defined under that Act. This decision is incompatible with the intent of the Refugee Act of 1980 and creates onerous burdens of proof for aliens seeking asylum. This Note analyzes the Court's reasoning and concludes that Congress should enact legislation nullifying the Court's decision.

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The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire Oct 1992

The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire

Dalhousie Law Journal

This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …

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Haitian Refugee Center, Inc. V. James Baker, Iii: The Dred Scott Case Of Immigration Law, Thomas David Jones Sep 1992

Haitian Refugee Center, Inc. V. James Baker, Iii: The Dred Scott Case Of Immigration Law, Thomas David Jones

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Capital V. Labor: Who Wins And Who Loses Under The Immigration Act Of 1990?, Brian Adler, Beth Jarrett Jul 1992

Capital V. Labor: Who Wins And Who Loses Under The Immigration Act Of 1990?, Brian Adler, Beth Jarrett

University of Miami Inter-American Law Review

No abstract provided.

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The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav May 1992

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …

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Is The United States Government Justified In Indefinitely Detaining Cuban Exiles In Federal Prisons?, Brigitta I. Sandberg Jan 1992

Is The United States Government Justified In Indefinitely Detaining Cuban Exiles In Federal Prisons?, Brigitta I. Sandberg

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella Jan 1992

Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella

Northwestern Journal of International Law & Business

This paper is an attempt to evaluate the United States' new investor program based on a comparison with Australia's failed system. The thesis of this paper is that in order for an investor program to be successful, the program must strike a careful balance between meeting the needs of the immigrant investors and those of the welcoming country and its citizens. The analysis proceeds by briefly looking at the history of immigration in both countries and then focusing on what the interests of the investors and the country are in initiating and taking advantage of such a program.

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