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Articles 5221 - 5250 of 5645
Full-Text Articles in Immigration Law
Ins V. Phinpathya: Literalist Statutory Interpretation In The Supreme Court, Eleanor Pelta
Ins V. Phinpathya: Literalist Statutory Interpretation In The Supreme Court, Eleanor Pelta
San Diego Law Review
This Article examines the Supreme Court's holding in INS v. Phinpathya, in which it interpreted the seven-year continuous presence requirement for suspension of deportation as a condition that allows for no interruptions whatsoever. The author examines the holding in order to highlight the difficulties inherent in both literalist statutory interpretation and the use of `legislative intent." The author analyzes the legislative history of the suspension statute and the decision of the Court in Phinpathya, and concludes that the Court's approach drains the presence requirement of substantive policy content. The author then proposes an alternate mode of interpretation, which would enlarge …
The Sanctuary Movement: Above The Law Or Beyond It's Reach?, Dennis P. Riordan
The Sanctuary Movement: Above The Law Or Beyond It's Reach?, Dennis P. Riordan
NYLS Journal of Human Rights
No abstract provided.
Asylum Adjudications: Do State Department Advisory Opinions Violate Refugees' Rights And U.S. International Obligations?, Richard K. Preston
Asylum Adjudications: Do State Department Advisory Opinions Violate Refugees' Rights And U.S. International Obligations?, Richard K. Preston
Maryland Law Review
No abstract provided.
Materiality Of Misrepresentations Made On Visa Applications In Light Of Current Congressional Policy, Esther L. Bachrach
Materiality Of Misrepresentations Made On Visa Applications In Light Of Current Congressional Policy, Esther L. Bachrach
Villanova Law Review (1956 - )
No abstract provided.
Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus
Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus
NYLS Journal of Human Rights
No abstract provided.
Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke
Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke
St. Mary's Law Journal
Abstract Forthcoming.
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
St. Mary's Law Journal
A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …
Essays On Legal And Illegal Immigration, Susan Pozo Editor
Essays On Legal And Illegal Immigration, Susan Pozo Editor
Upjohn Press
Immigration is an issue drawing increased attention among policymakers and citizens. These essays provide an economic perspective to the effects of immigration on the labor markets in the United States.
Discrimination In Asylum Law: The Implications Of Jean V. Nelson, Mary Jane Lapointe
Discrimination In Asylum Law: The Implications Of Jean V. Nelson, Mary Jane Lapointe
Indiana Law Journal
No abstract provided.
The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Reversal Due To Fundamental Error In The Jury Charge Requires A Showing Of Egregious Harm To The Accused If The Error Is Not Objected To At Trial., Michael H. Bassett
Reversal Due To Fundamental Error In The Jury Charge Requires A Showing Of Egregious Harm To The Accused If The Error Is Not Objected To At Trial., Michael H. Bassett
St. Mary's Law Journal
Abstract Forthcoming.
An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg
St. Mary's Law Journal
Abstract Forthcoming.
Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes
Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes
St. Mary's Law Journal
Abstract Forthcoming.
Foreword., Editorial Board St. Mary's Law Journal
Foreword., Editorial Board St. Mary's Law Journal
St. Mary's Law Journal
Abstract Forthcoming.
Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend
Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend
St. Mary's Law Journal
It is the constitutional duty of the State of Texas to conserve and develop the state’s water resources. Texas effectuates water conservation and utilization through its system of granting and administering rights for the beneficial use of the state’s water. The Supreme Court of Texas concluded the state can further conserve water by cancelling appropriations not beneficially used to the limit provided in the permit, certified filing, or certificate of adjudication. Cancellation of unused water rights enables the Water Commission to make water available for beneficial use by others. Only by the beneficial use of water can the state obtain …
The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson
The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson
St. Mary's Law Journal
Abstract Forthcoming.
Texas' Interstate Water Compacts., Paul Elliott
Texas' Interstate Water Compacts., Paul Elliott
St. Mary's Law Journal
Abstract Forthcoming.
Environmental Significance Of Instream Flows., James W. Johnston
Environmental Significance Of Instream Flows., James W. Johnston
St. Mary's Law Journal
Abstract Forthcoming.
A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.
A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.
St. Mary's Law Journal
Abstract Forthcoming.
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
St. Mary's Law Journal
Abstract Forthcoming.
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
St. Mary's Law Journal
Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
St. Mary's Law Journal
Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
St. Mary's Law Journal
Abstract Forthcoming.
Trial Court Jurisdiction And Control Over Judgments., David Peeples
Trial Court Jurisdiction And Control Over Judgments., David Peeples
St. Mary's Law Journal
Abstract Forthcoming.
Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat
Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat
St. Mary's Law Journal
Abstract Forthcoming.
Strategies For Ameliorating The Immigration Consequences Of Criminal Convictions: A Guide For Defense Attorneys, Maryellen Fullerton, Noah Kinigstein
Strategies For Ameliorating The Immigration Consequences Of Criminal Convictions: A Guide For Defense Attorneys, Maryellen Fullerton, Noah Kinigstein
Faculty Scholarship
No abstract provided.
Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister
Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister
St. Mary's Law Journal
Abstract Forthcoming.
Introduction., Larry Soward
Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen
Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen
St. Mary's Law Journal
Abstract Forthcoming.
Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield
St. Mary's Law Journal
Abstract Forthcoming.