Immigration Law Commons^™

An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.

The Current State Of Usury Law In Texas., Michele M. Hightower

St. Mary's Law Journal

Abstract Forthcoming.

Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis

St. Mary's Law Journal

Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …

The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor

St. Mary's Law Journal

Abstract Forthcoming.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.

An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel

St. Mary's Law Journal

Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …

A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo

St. Mary's Law Journal

Abstract Forthcoming.

Back To Square One: Estoppel Against The Government After Immigration And Naturalization Service V. Miranda, Gerald J. Pels

Vanderbilt Journal of Transnational Law

In this nation of immigrants, few matters of public policy arouse more intense or divisive public debate than the subject of change in our immigration and naturalization laws. Presently, our system of immigration laws, which is grounded upon antiquated procedure, is being tested by new problems. For example, the increase in political asylum cases and the influx of aliens from the third world have posed new challenges for these outdated procedures. The 97th Congress considered adopting the Simpson-Mazzoli bill in 1982 to alleviate the problems.

The Senate passed the Simpson-Mazzoli bill on August 17,1982, but the House did not act …

Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel

St. Mary's Law Journal

Abstract Forthcoming.

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.

Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.

Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow

St. Mary's Law Journal

Abstract Forthcoming.

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.

A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth

St. Mary's Law Journal

Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …

The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard

St. Mary's Law Journal

Abstract Forthcoming.

U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher

Articles by Maurer Faculty

Migration from Cuba to the United States since Castro assumed power, and the haracterization of those leaving as refugees, have been strongly affected by U.S. foreign policy concerns. During the 1959-62 migration wave, particularly prior to the failure of the Bay of Pigs invasion, Cubans were welcomed as temporary exiles, likely to topple Castro and return home. The second major migration wave began in 1965, in the midst of a U.S. campaign for systematically isolating and economically depriving Cuba and its citizens. When thousands of those citizens left Cuba, primarily to improve their economic circumstances and rejoin family members, they …

Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes

Cardozo Law Review

No abstract provided.

The Rights Of Aliens In The 1980s, Juan Ernesto Mendez

Antioch Law Journal

The United States has always been on the receiving end of the immigration stream. Today's immigration flow however, is markedly different from that of the 19th and early 20th centuries. Immigrants continue to come from a large variety of countries and ethnic origins, but a majority of them tend to be both poor and non-white. The flow of immigration has steadily increased since the early 1970's as international travel and communications have become more developed. Another element adding to the number of recent arrivals is the refugee crisis around the world. In some instances, the United States has perpetuated this …

Motions Practice Before The Board Of Immigration Appeals, Gerald S. Hurwitz

San Diego Law Review

This Article addresses the area of motions practice before the Board of Immigration Appeals, arguing that it is often a complex procedural maze for immigration attorneys. The author examines the intricacies of this procedure, focusing on motions to reopen, motion to reconsider, motions to remand, and motions for stays of deportation. He further examines the often contested issues of the prima facia case, particularly in the context of motions to reopen. In this discussion, the author, an appellate trial lawyer for the Immigration and Naturalization Service, stresses the practical aspects of motions practice in this area.

The New Property Tax Code And Perfecting The Appeal: The Taxpayer's Perspective., Edward Kliewer Iii

St. Mary's Law Journal

Abstract Forthcoming.

Texas Asbestos Claims And Market Share Liability: New Remedy For An Old Tort., John B. Mileno Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Libel Litigation In Texas: The Plaintiff's Perspective., Mary A. Sprague Langston

St. Mary's Law Journal

Abstract Forthcoming.

Workplace Safety - The Prophylactic And Compensatory Rights Of The Employee., Gary A. Scarzafava

St. Mary's Law Journal

Abstract Forthcoming.

Section 7 Of The Clayton Act Applies To Banks And Bank Holding Company Mergers., Terry E. Mitchell

St. Mary's Law Journal

Abstract Forthcoming.