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Articles 4921 - 4950 of 5646

Full-Text Articles in Immigration Law

Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson Jan 1992

Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson

St. Mary's Law Journal

Texas has an opportunity to improve a necessary tool of family law by recognizing and advancing wrongful adoption. There is an underlying lack of recognition for the interests of adoptive parents in adoption law. Those who choose to adopt necessarily rely on the information provided by an adoption agency in making their decision. As such, adoptive parents are particularly vulnerable to misrepresentation about the pertinent history of the adoptee. Recent cases in other states demonstrate the progression of wrongful adoption as a tort, yet many inadequacies remain. The necessary progression of wrongful adoption calls for the imposition of a duty …

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The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini Jan 1992

The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini

Articles

As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …

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Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn Dec 1991

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Scholarly Works

This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.

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Raven V. Deukmejian: A Modern Guide To The Voter Initiative Process And State Constitutional Independence, Joseph Goldberg Aug 1991

Raven V. Deukmejian: A Modern Guide To The Voter Initiative Process And State Constitutional Independence, Joseph Goldberg

San Diego Law Review

This Casenote examines the decision of Raven v. Deukmejian, decided in 1990 by the California Supreme Court. This decision held that a voters' initiative measure, which purported to vest all judicial interpretive power as to fundamental criminal defense rights, amounted to a revision of the state Constitution. The author discusses the impact and implications of this decision. Namely, the author finds that the decision will have an impact on the way future courts review constitutional challenges to the initiative process. The Casenote also discusses the reaffirmation of the court's position on state constitutional independence. The author concludes that the California …

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The Fourth Amendment And The Ins: An Update On Locating The Undocumented And A Discussion On Judicial Avoidance Of Race-Based Investigative Targeting In Constitutional Analysis, Henry G. Watkins Aug 1991

The Fourth Amendment And The Ins: An Update On Locating The Undocumented And A Discussion On Judicial Avoidance Of Race-Based Investigative Targeting In Constitutional Analysis, Henry G. Watkins

San Diego Law Review

This Article identifies and discusses various legal theories being used to avoid consideration of the fourth amendment in the use of arbitrary law enforcement methods, most notably the targeting of racial minorities as suspects. The Article discusses the concept of consensual encounters: the presumption that most law enforcement contacts are voluntary encounters with the targets of the inquiry freely answering questions or consenting to a search. This approach renders it legally unnecessary to determine whether race played an undue part in the encounter. The Article also examines the point at which a "seizure" occurs, which is often crucial in determining …

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Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo Aug 1991

Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo

San Diego Law Review

The notion of coverture is that a wife is subordinate to her husband and under his control. This Article describes the common law doctrine of coverture, and the history and impact of coverture in current immigration law. The Article examines the incorporation of the assumptions of coverture into early immigration laws and the failure of Congress to remove coverture premises from more recent immigration legislation. The impact of the law's perpetuation of coverture, or spouse domination, is described. The Article shows that the immigrants harmed by the spouse domination perpetuated by the law are overwhelmingly women. The author proposes legislative …

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Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James Aug 1991

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 …

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Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy Aug 1991

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 …

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"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 Aug 1991

"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.

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Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes Aug 1991

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, …

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Racism And The Constitution: The Constitutional Fate Of British Columbia Anti-Asian Immigration Legislation, 1884-1909, Bruce Ryder Jul 1991

Racism And The Constitution: The Constitutional Fate Of British Columbia Anti-Asian Immigration Legislation, 1884-1909, Bruce Ryder

Osgoode Hall Law Journal

The author explores the values and forces that influenced judicial and federal cabinet decisions regarding the constitutional validity of over one hundred BC statutes discriminating against persons of the Japanese or Chinese race passed between 1872 and 1922. He argues that the interpretation of the constitutional division of powers was shaped by a racist ideology that viewed Asian immigrants as different from, and inferior to, European immigrants in all respects but one: their capacity for work. In this, the first part of his study, he focuses on the nature of the federal disallowance power and the reasons why it was …

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Maury Roberts: Man, Editor, Teacher, Stephen W. Yale-Loehr Apr 1991

Maury Roberts: Man, Editor, Teacher, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

Remarks made at the American Immigration Law Foundation dinner in honor of Maurice A. Roberts in Seattle, Washington on June 7, 1990.

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Language And Silence: The Supreme Court's Search For The Meaning Of American Denaturalization Law, 5 Geo. Immigr. L.J. 409 (1991), Michael G. Heyman Jan 1991

Language And Silence: The Supreme Court's Search For The Meaning Of American Denaturalization Law, 5 Geo. Immigr. L.J. 409 (1991), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach Jan 1991

Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

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Public Relief And Care Jan 1991

Public Relief And Care

Touro Law Review

No abstract provided.

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Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop Jan 1991

Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop

St. Mary's Law Journal

Abstract Forthcoming.

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Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel Jan 1991

Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel

St. Mary's Law Journal

Abstract Forthcoming.

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Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night Jan 1991

Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night

St. Mary's Law Journal

The effect of Alamo Lumber Co. v. Gold, and later cases interpreting third party assumption of debt as interest can be perilous to lenders. Lenders are in the business of offering loans to make money. Lenders achieve profit maximization by charging as much interest as possible in the market. Although economic and market factors are always considerations in a lender’s business, in Texas, lenders must also consider harsh usury laws that restrain the maximum amount of chargeable loan interest. Texas defines interest broadly. Statutes define interest as the receipt of compensation for the detention, forbearance or use of money. The …

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Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens Jan 1991

Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens

St. Mary's Law Journal

Abstract Forthcoming.

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Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law Jan 1991

Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Abstract Forthcoming.

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Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears Jan 1991

Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears

St. Mary's Law Journal

The focus of this study is to survey ethical issues faced by legal practitioners in providing legal counsel for international business transactions, with special attention to lawyers counseling clients who are doing business with Mexico. This paper is intended for lawyers who practice in the United States (U.S.), involved in counseling clients outside the U.S. The purpose of this study is to highlight only those issues that raise special difficulties for such a practitioner, and then to provide practical advice on how to avoid ethical problems in U.S.-Mexico transactions. The Model Rules of Professional Conduct (MPRC), the International Code of …

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Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg Jan 1991

Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg

St. Mary's Law Journal

Abstract Forthcoming.

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Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr. Jan 1991

Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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The Empire Strikes Back., E. Joshua Rosenkranz Jan 1991

The Empire Strikes Back., E. Joshua Rosenkranz

St. Mary's Law Journal

Abstract Forthcoming.

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Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton Jan 1991

Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton

St. Mary's Law Journal

Abstract Forthcoming.

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In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit Jan 1991

In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit

St. Mary's Law Journal

Actions by the Department of Justice and the Supreme Court lessening vertical pricing protections under the Sherman Antitrust Act require Congressional intervention. By enacting the Sherman Antitrust Act, Congress intended agreements fixing vertical prices or having the ultimate effect of fixing vertical prices at any level be illegal per se. Vertical pricing agreements set, maintain, stabilize, raise, or depress prices of goods or services among the different levels of the product distribution chain. The Department of Justice (DOJ) has taken positive steps in limiting the per se rule of illegality by failing to pursue allegations of vertical price fixing and …

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Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs Jan 1991

Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs

St. Mary's Law Journal

Abstract Forthcoming.

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Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy Jan 1991

Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy

St. Mary's Law Journal

Abstract Forthcoming.

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Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave Jan 1991

Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

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The Human Rights Revolution Address., Thomas Buergenthal Jan 1991

The Human Rights Revolution Address., Thomas Buergenthal

St. Mary's Law Journal

Abstract Forthcoming.

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