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Law

1994

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Articles 1 - 24 of 24

Full-Text Articles in Political Science

The Confirmation Mystery, Michael J. Gerhardt Dec 1994

The Confirmation Mystery, Michael J. Gerhardt

Faculty Publications

No abstract provided.


How Radical Is Lani Guinier? , Michael E Lewyn Nov 1994

How Radical Is Lani Guinier? , Michael E Lewyn

Michael E Lewyn

In 1993, Lani Guinier was nominated to head the Justice Department's Civil Rights Division. Her nomination was withdrawn after she was accused of being too liberal, if not radical, on issues relating to voting rights law. This article discusses her views, and finds that her writings were not clear enough to either support or debunk the accusations of radicalism.


Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman Nov 1994

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 ...


By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson Nov 1994

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 ...


Population, Immigration And Growth In California, Richard Sybert Nov 1994

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 ...


Entry: What Mama Never Told You About Being There, Kathrin S. Mautino Nov 1994

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 ...


Clark Memorandum: Fall 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School Oct 1994

Clark Memorandum: Fall 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds Aug 1994

Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds

Noel B Reynolds

The recent discovery that an anonymously published 1620 essay was an early writing of Thomas Hobbes invites investigation of his early thinking. Hobbes relied on mostly classical sources to advance a basically conventionalist theory of law and to anticipate twentieth century analyses of the principles of rule of law such as those made famous by F. A. Hayek and Michael Oakeshott.


The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Burma's Rohingyas In Crisis: Protection Of "Humanitarian" Refugees Under International Law, Thomas K. Ragland Jun 1994

Burma's Rohingyas In Crisis: Protection Of "Humanitarian" Refugees Under International Law, Thomas K. Ragland

Boston College Third World Law Journal

No abstract provided.


A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire May 1994

A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire

Faculty Publications

Prior scholarship on the effect of the increasing number of female judges leads to three contrasting sets of expectations. Early writings and views of affirmative-action activists suggested that female judges would be more liberal than male judges. On the other hand, a series of empirical studies suggest that we should expect no gender differences. In contrast to both of these perspectives, several feminist scholars suggest that women will be more liberal only when that position expresses support for full participation in the community. These contrasting expectations were tested by analyzing the votes of appeals court decisions in three issue areas ...


No-Fault Marital Dissolution: The Bitter Triumph Of Naked Divorce, J Herbie Difonzo May 1994

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 ...


Child Witnesses In Sexual Abuse Cases And The Sixth Amendment Confrontation Clause, Kelly Thuet '94 Apr 1994

Child Witnesses In Sexual Abuse Cases And The Sixth Amendment Confrontation Clause, Kelly Thuet '94

Honors Projects

The legal debate over statutes which allow special treatment for child witnesses of sexual abuse has sparked recent discussion. These statutes permit the testimony of the children to be videotaped or transmitted via one-or two-way closed circuit television into the courtroom. Critics argue these statutes violate the defendant's Sixth Amendment Confrontation Right -to be confronted by the witnesses against him/her. Supporters feel these measures are necessary to protect the interests of young victims of sexual abuse. The goal of this paper is to address the tension between society's interest in protecting child victims and the right of ...


Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones Mar 1994

Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones

Brigham Young University Journal of Public Law

No abstract provided.


Against First Principles, Jerry L. Mashaw Feb 1994

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 ...


Strengthening The Toy Handcuff: The Future Of The War Powers Resolution, Ernest Shriver Jan 1994

Strengthening The Toy Handcuff: The Future Of The War Powers Resolution, Ernest Shriver

Honors Theses, 1963-2015

The Constitution clearly defines the powers that Congress and the President are to share concerning war-making. The President is the Commander-in-Chief of the Armed Forces, while the Congress has the power to declare war and raise and support the army and the navy. The President has gradually encroached on Congress' power, however, to the point where war is declared de facto by the President. The War Powers Resolution was passed by Congress in 1973 to attempt to rectify this imbalance. Due to flaws in the Resolution, however, Congress has been unable to force the President¹s compliance and the federal courts ...


The United States Nonprofit Sector As An Alternative Delivery System, Jennifer Rexroat Jan 1994

The United States Nonprofit Sector As An Alternative Delivery System, Jennifer Rexroat

Honors Theses, 1963-2015

The purpose of this thesis project is the exploration of the nonprofit sector in the United States. In the course of my research, I came to a comprehensive definition of the nonprofit sector, illuminating its foundation, manifestations, and infrastructure in relationship to the whole of the U.S. bureaucracy. I supported my analysis by illustrating the advantage of nonprofit organizations in several areas, asking penetrating questions about their standards of quality, mission, effectiveness, and efficiency. A concentration upon the case study of nonprofit education allowed me not only to discover the inner workings of a nonprofit organization, but it also ...


Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins Jan 1994

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.


Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins Jan 1994

Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

The public policy benefits that parties-deliver are allocated by democratic procedures that devolve ultimately to majority rule. Majority-rule decision making, however, does not lead to consistent policy choices; it is "unstable." In this paper, we argue that institutions - and thereby policy coalitions -- can be stabilized by extra-legislative organization. The rules of the Democratic Caucus in the U.S. House of Representatives dictate that a requirement for continued membership is support on the floor of Caucus decisions for a variety of key structural matters. Because membership in the majority party’s caucus is valuable, it constitutes a bond, the posting of ...


War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler Jan 1994

War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Book Review Essay, Urban Politics, The City Liberal, Progressive, And Conservative, W Dennis Keating Jan 1994

Book Review Essay, Urban Politics, The City Liberal, Progressive, And Conservative, W Dennis Keating

Law Faculty Articles and Essays

Reviewing Stella M. Capek and John I. Gilderboom, Community Versus Commodity: Tenants and the American City; Richard Edward DeLeon, Left Coast City: Progressive Politics in San Franscisco; Chis McNickle, To be Mayor of New York: Ethnic Politics in the City; John Hull Mollenkopf, A Phoenix in the Ashes: The Rise and Fall of the Koch Coalition in New York City Politics.


Prometheus Born: The High Middle Ages And The Relationship Between Law And Economic Conduct, David J. Gerber Dec 1993

Prometheus Born: The High Middle Ages And The Relationship Between Law And Economic Conduct, David J. Gerber

David J. Gerber

No abstract provided.


Judging Socialist Reform: The Politics Of Coordinate Construction In France And Germany, Alec Stone Sweet Dec 1993

Judging Socialist Reform: The Politics Of Coordinate Construction In France And Germany, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The New Constitutional Politics Of Europe, Alec Stone Sweet Dec 1993

The New Constitutional Politics Of Europe, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.