Immigration Law Commons^™

Refugees Under United States Immigration Law, Nicholas B. Kap

Cleveland State Law Review

The recent influx into the United States of approximately 130,000 South Vietnamese refugees makes appropriate an examination of the legal aspects of refugee immigration. Even under more tranquil circumstances many refugees from different areas of the world come to this country every year. The process of entry into the United States and the refugees' subsequent status is determined by the provisions of the Immigration and Nationality Act of 1952, as subsequently amended. This note will examine those sections of the Act which allow an alien, based upon his refugee status, to come to or to remain in the United States …

Recent Decisions, Anne Markey, James F. Maddox, Thomas C. Eklund, Thomas F. Taylor, Ralph Vinciguerra, Clark Mervis

Vanderbilt Journal of Transnational Law

Admiralty--Damages in a Maritime Collision or Stranding Caused by Mutual Fault Must be Apportioned According to the Comparative Negligence of the Parties

Anne Markey

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Admiralty--Wrongful Death--General Maritime Law Provides Remedy for Pain and Suffering of Decedent Incurred in Wrongful Death on High Seas but not for Funeral Expenses

James F. Maddox

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Arbitration--Securities Regulation--In International Sale of Securities, Arbitration Agreement is Binding not Withstanding Non-Waiverability of Judicial Remedy of Securities Exchange Act of 1934

Thomas C. Eklund

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IMMIGRATION--ALIEN COMMUTERS, BOTH DAILY AND SEASONAL, WHO HAVE ONCE OBTAINED THE STATUS OF IMMIGRANTS ARE PROPERLY CLASSIFIED AS SPECIAL IMMIGRANTS LAWFULLY …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMIRALTY

SEAMAN ENTITLED TO MAINTENANCE AND CURE UNTIL INJURY DIAGNOSED INCURABLE

INJURED SEAMAN WHO ABANDONS REHABILITATION PROGRAM DUE TO EXTENUATING CIRCUMSTANCES DOES NOT FORFEIT His RIGHT TO MAINTENANCE AND CURE

SHIPOWNER NOT ENTITLED TO INDEMNITY FOR SETTLEMENT PAID TO INJURED SEAMAN UNDER No LEGAL COMPULSION

THE SUITS IN ADMIRALTY ACT AND THE PUBLIC VESSELS ACT COMPREHEND WRONGFUL DEATH ACTIONS

2. ALIEN'S RIGHTS

MERE SEPARATION OF AN ALIEN AND HIS SPOUSE SHORTLY AFTER MARRIAGE DOES NOT MAKE THE MARRIAGE A SHAM FOR IMMIGRATION PURPOSES

ENTRY OF AN ALIEN INTO THE UNITED STATES INCLUDES ANY ENTRANCE FOLLOWING A MEANINGFUL …

The Menace Of Administrative Law (1920), John Lord O'Brian

Buffalo Law Review

Reprinted from the Proceedings of the Twenty-Fifth Annual Meeting of the Maryland State Bar Association, 1920.

Classification Problems With Daily And Seasonal Commuters., Thaddeus R. Lorentz

St. Mary's Law Journal

Abstract Forthcoming.

Aliens, Employment, And Equal Protection, Douglas Paul Coopersmith

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori

Vanderbilt Journal of Transnational Law

ADMIRALTY--NON-LIEN MARITIME CLAIM--SALVOR WAIVED SALVAGE LIEN BY SEIZING VESSEL PRIOR TO EXPIRATION OF AGREED PAYMENT PERIOD BUT SALVAGE CLAIM COULD BE SATISFIED FROM REMNANTS AND SURPLUS

Dennis L. Bryant Lt., US. Coast Guard

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COMPTROLLER GENERAL--ATTORNEY GENERAL'S OPINION BINDING ON COMPTROLLER GENERAL IN EXIMBANK CREDIT EXTENSIONS TO COMMUNIST COUNTRIES

Kurt H. Decker

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FOREIGN RELATIONS LAW--ACQUISITION OF CONTROL OF DOMESTIC MULTINATIONAL CORPORATION BY A WHOLLY OWNED FOREIGN GOVERNMENTAL CORPORATION DOES NOT PER SE CREATE AN UNREASONABLE CONFLICT OF INTEREST BETWEEN THE OBJECTIVES OF THE ACQUIRER AND ITS DUTIES TO THE DOMESTIC CORPORATION AND ITS SHAREHOLDERS; NOR IS THE ACQUISITION CONTRARY …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ACT OF STATE ACT OF STATE DOCTRINE APPLIES TO INFORMAL ACTIONS OF FOREIGN GOVERNMENTS IF THE GOVERNMENTAL AGENT ACTS WITHIN THE SCOPE OF HIS AUTHORITY

2. ADMIRALTY SIGNIFICANT--RELATIONSHIP-TO-MARITIME-ACTIVITY TEST USED TO DETERMINE ADMIRALTY TORT JURISDICTION

3. ALIEN'S RIGHTS REGULATIONS EXCLUDING RESIDENT ALIENS FROM EMPLOYMENT IN FEDERAL COMPETITIVE CIVIL SERVICE VIOLATE DUE PROCESS CLAUSE OF FIFTH AMENDMENT

4. AVIATION MENTAL DISTRESS ATTACHES TO AN AIR CARRIER'S STRICT LIABILITY FOR BODILY INJURY UNDER THE WARSAW CONVENTION

5. IMMIGRATION AND NATURALIZATION CONGRESS MAY GRANT CITIZENSHIP TO FOREIGN-BORN CHILDREN OF CITIZEN FATHERS, WHILE DENYING SAME TO OFFSPRING OF CITIZEN MOTHERS

6. …

Espinoza V. Farah Mfg. Co., Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg

Buffalo Law Review

Kleindienst v. Mandel, 408 U.S. 753 (1972).

Unlawful Seizures And Irregular Rendition Devices As Alternatives To Extradition, M. Cherif Bassiouni

Vanderbilt Journal of Transnational Law

Extradition is a legal device whereby a state requests from an-other the surrender of a person accused or convicted of a crime. It is one of the modes of cooperation in penal matters between states. One rationale for extradition is that all states have an obligation to cooperate in the suppression of criminality and must, therefore, surrender to each other accused and fugitive offenders. This ration-ale is based on the maxim "aut dedere aut iudicare". Extradition law and practice have been slow to recognize the rights of those persons who are the objects of its proceedings. In fact, the whole …

Sugarman V. Dougall, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Almeida-Sanchez V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Does Congress Have The Constitutional Authority To Expatriate American Citizens?, William M. Feigenbaum

Buffalo Law Review

No abstract provided.

In The Determination Of Aliens Deportable Under 8 U.S.C. 1251(A)(4) The Crime Of Statutory Rape Is Usually Classified As Rape And Such A Crime Manifestly Involves Moral Turpitude., Jeptha C. Tatum

St. Mary's Law Journal

Abstract Forthcoming.

Recent Developments, Stephen W. Ramp, Christopher L. Dutton

Vanderbilt Journal of Transnational Law

Admiralty--The Broadening Scope of Damages Awardable for Wrongful Death in Admiralty

Stephen W. Ramp

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Aliens--State Restrictions on Alien Lawyers

Christopher L. Dutton

Constitutional Law—Immigration: Meiklejohn Theory Of The First Amendment Applied In The Immigration Context—Mandel V. Mitchell, 325 F. Supp. 620 (E.D.N.Y.), Appeal Docketed 40 U.S.L.W. 3035 (U.S. July 13, 1971), Anon

Washington Law Review

Ernest Mandel, a noted Belgian economist and a Trotskyite Marxist, was invited to participate as a speaker and panelist in a conference at Stanford University. He was denied a visa pursuant to two subsections of the Immigration and Nationality Act of 1952. Subsection 212(a)(28)(D) excludes "Aliens... who advocate the economic, international, and governmental doctrines of World communism;..." and subsection 212(a)(28)(G)(v) bars "Aliens who write or publish ... or who knowingly circulate ... any written or printed matter, advocating or teaching ... the economic, international and governmental doctrines of world communism.. . . " Although Mandel had been granted visas for …

Selected Aspects Of International And Municipal Law Concerning Passports, Daniel C. Turack

William & Mary Law Review

No abstract provided.

Constitutional Law - Aliens, John J. Reid

Duquesne Law Review

The United States Supreme Court has held that state welfare laws discriminating against aliens violate the equal protection clause of the fourteenth amendment, and encroach upon the exclusive federal control of immigration.

Graham v. Richardson, 403 U.S. 365 (1971).

Immigration Law—Deportation: What Fraud Hath Wrought Together Let No Man Put Asunder—Muslemi V. Immigration And Naturalization Service, 408 F.2d 1196 (9th Cir. 1969), Anon

Washington Law Review

Petitioner, an alien, entered the United States on a temporary visitor visa after being denied an immigrant visa because the quota for his country was oversubscribed. Five days after he was notified that deportation proceedings were being initiated against him due to expiration of his visa, petitioner married a United States citizen. His petition for permanent residence on the basis of that marriage was granted by a special inquiry officer, but the decision was reversed by the Board of Immigration Appeals [hereinafter referred to as the Board] . Petitioner moved for reconsideration urging that his deportation be suspended pursuant to …

Dual Mexican-American Nationality: A Vehicle To Investment, Charles A. Peckham

California Western International Law Journal

This article will attempt to answer some of the basic and common questions concerning "Natural" dual Mexican-American Citizenship.

International Law, National Tribunals And The Rights Of Aliens: The West European Experience, Peter E. Herzog

Vanderbilt Law Review

The local remedies rule is usually considered a device to accommodate the legitimate desire of states to preserve their own sovereignty with the equally legitimate desire of states to protect their nationals who have suffered injury abroad. It is obvious that the adequacy of the rule in serving the second of these ends will depend on the nature and quality of the local remedies available. In turn, the effectiveness of local remedies in protecting the rights of aliens will depend on a variety of factors. Most importantly, there is the adequacy of the substantive legal rights in the fields of …

Aliens - Parole, Charles R. Passafiume

Duquesne Law Review

Automatic revocation of approval of alien's nonquota visa petition pursuant to statute authorizing Attorney General to revoke same for "good and sufficient cause" and subsequent revocation of alien's parole without a hearing does not violate fifth amendment due process.

United States ex rel. Stellas v. Esperdy, 366 F.2d 266 (2d Cir. 1966).

Errico V. Immigration And Naturalization Serv., J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Deportation Law And The Social Interest, George Liviola Jr.

Cleveland State Law Review

Fundamental civil and humanitarian rights are being denied to individuals in the United States because American courts cling to stare decisis in denaturalization and deportation proceedings. This article concerns itself with an examination of this policy, its history, progress, effect and possible reform.

Aliens - Immigration And Nationality Act - Brief Excursion Outside Country's Borders By Resident Alien May Not Subject Him To Consequences Of An Entry On His Return (Rosenburg V. Fleuti, United States Supreme Court 1963), John V. Stroud

San Diego Law Review

Rosenberg v. Fleuti (United States Supreme Court 1963). Plaintiff, an alien, was originally admitted to the United States for permanent residence in 1952 and has been here continuously except for a visit "of about a couple of hours" duration to Mexico in 1956. The Immigration and Naturalization Service sought to deport plaintiff on the ground that at the time of his return in 1956, he was afflicted with psychopathic personality. The District Court granted the government's motion for summary judgment. The Ninth Circuit Court of Appeals set aside the deportation order, holding that as applied to plaintiff section 241(a)(1) of …

Resident Aliens And Due Process: Anatomy Of A Deportation, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Can Congress Denationalize? The Supreme Court's View In Kennedy V. Mendoza-Martinez, Ralph J. Rohner, Jean J. Provost Jr.

Scholarly Articles

In an age when perhaps the foremost concern of the legal profession is the status and protection of the rights of individuals, the few decided cases on the right to citizenship-the most basic of all rights, the "right to have rights"- are of special significance. Since 1950, but prior to this Term, only two Supreme Court cases directly confronted the constitutional questions inherent in an assertion by Congress of the right to separate a person from his nationality. These cases, decided on the same day in 1957, were scarcely reconcilable with each other; now, in 1963, the Supreme Court has …

The Alien Registration Act Of 1940, Carol R. Rice

History ETDs

The purpose of this thesis is to discuss the various factors which led to the passage of the Smith Act. Into this consideration will enter the numerous bills introduced during the decade, the congressional investigating committee, and their reports.

Administrative Versus Judicial Determinations Of Citizenship: Some Problems In The Administration Of Section 360 Of The Immigration And Nationality Act

Indiana Law Journal

No abstract provided.