Political Theory Commons^™

By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson

San Diego Law Review

The Immigration and Naturalization Service (INS) is an agency with responsibility both for enforcing the immigration laws and conferring legal status and other benefits. This author finds that at times these dual roles create conflict, mistrust in the community, and violations of the rights of aliens. This Article critically examines an undercover operation conducted in 1993 by the San Diego District Office, which lured aliens to deportation through INS offers of legal status. The Article discusses the regulatory and statutory provisions governing INS undercover operations and the rights of aliens subject to final orders of deportation. It continues with an …

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman

San Diego Law Review

The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …

Entry: What Mama Never Told You About Being There, Kathrin S. Mautino

San Diego Law Review

This Article analyzes the development of entry as an immigration concept, with special attention to those factors that affect entry analysis. These elements that the author finds must be considered in every potential entry into the United States are: (1) the legal status of the alien, (2) the purpose for finding an entry, and (3) the congressional intent behind the statutes involved. This Article explores the legal history of the term "entry," and illustrates the interaction of the three factors above. The author concludes that entry analysis demonstrates the political nature of immigration and the frequency that historical events rather …

Population, Immigration And Growth In California, Richard Sybert

San Diego Law Review

This Article presents objective data and analysis regarding the components of California's population growth. It also reviews fiscal impacts from immigration. The author finds that these fiscal impacts are substantially negative for state and local governments. The Article also examines United States workforce needs as they may be affected by an expanding population and as they may implicate immigration. The author recommends changing immigration policy to focus more on workforce needs and skills in California. He recommends federal action on two levels: (1) to compensate California for the hugely disproportionate financial burden it bears from the nation's immigration and refugee …

The Relative Autonomy Of The State, Tamer El-Meehy

Archived Theses and Dissertations

No abstract provided.

No-Fault Marital Dissolution: The Bitter Triumph Of Naked Divorce, J Herbie Difonzo

San Diego Law Review

In this Article, the author examines the origins of the no-fault divorce movement, concluding that the abandonment of fault grounds was conceived as a conservative measure intended to facilitate the reversal of the escalating divorce rate and to replace traditional marital dissolution with therapeutic divorce. This reform collapsed at mid-point, achieving only the jettisoning of divorce grounds. The author argues that an unintended consequence of the reform battle was the transformation from mutual consent divorce, the operating milieu for most of the twentieth century, into divorce on demand. The author concludes that this transformation has resulted in a significant loss …

Yale Political Monthly 1994 May, The Politic, Inc.

The Politic

No abstract provided.

Should Federal Evidence Rules Trump State Tort Policy? The Federalism Values Daubert Ignored, Michael H. Gottesman

Cardozo Law Review

I want to explore issues that the Supreme Court should have addressed in Daubert but did not. The Court decided that Rule 702 of the Federal Rules of Evidence ("FRE") assigns a "gatekeeping" function to federal trial judges, who are to exclude expert scientific opinions that do not meet a standard of "reliability" vaguely sketched out in the Court's opinion.

The Daubert case involved exclusively state substantive law issues and was in federal court only because the defendant removed it from state court on the basis of diversity of citizenship. The Court held the gatekeeping function applicable in diversity actions, …

Yale Political Monthly 1994 February, The Politic, Inc.

The Politic

No abstract provided.

Against First Principles, Jerry L. Mashaw

San Diego Law Review

This Article makes the argument that broad principles often get in the way of sensible public policy analysis and that one should be prepared to abandon them rather quickly when encountering heavy philosophical or political arguments. The author uses Richard Epstein's book Forbidden Grounds: The Case Against Employment Discrimination as a good example of the difficulty of developing plausible policy prescriptions while engaging in an argument based on broad principles. The Article notes weaknesses in Epstein's arguments concerning liberty, utility and efficiency as starting points for an evaluation of antidiscrimination law. The author applies his analysis to the Americans with …

The Third Stage Of The Egyptian Communist Movement: 1965-Present, Fatemah Shawki Farag

Archived Theses and Dissertations

No abstract provided.

A Tripolar World? A Framework For Analysis, Heidi J. Bachert-Burke

Theses and Dissertations (Comprehensive)

The complex changes which are now under way have sparked a great deal of interest and speculation around possible world order, futures and the U.S.' relationship to them. The predominant image of the New World Order is one which hinges on the development of a liberal, economic multipolar world order in which mutual responsibility and macro-policy coordination become effective means of global management. Indeed this perspective is prone to see the possibility for change through peaceful and harmonious means. In as much as advocates of Interdependency Theory try to anticipate, explore and systematize, they seem to override a very important …

Collective Consciousness And Self-Societal Definition: A Theory And Model For A Direct Democracy, John Blaikie Armstrong

Theses and Dissertations (Comprehensive)

This thesis builds a theory of ideal democracy based on the concept of human self-realization as intersubjectively determined. Self-realization and intersubjectivity, it argues, is founded on the existential notion of "choice". Self-realization is broadened, it is argued, by broadening the choices available to individuals. The thesis attempts to broaden individual choices by broadening participation in democracy. The thesis then constructs a practical model for a direct democracy using modern telecommunications networks. The intent of the theory is to build an intuitive myth of Universal Leadership that transcends the liberal myth of freedom. It outlines the liberal notion of the 'contract' …