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Articles 1 - 14 of 14

Full-Text Articles in Political Science

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 ...


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 ...


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 ...


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.


Yale Political Monthly 1994 May, The Politic, Inc. May 1994

Yale Political Monthly 1994 May, The Politic, Inc.

The Politic

No abstract provided.


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 ...


Yale Political Monthly 1994 February, The Politic, Inc. Feb 1994

Yale Political Monthly 1994 February, The Politic, Inc.

The Politic

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 ...


From An “Ultra Democrat” To An “Ultra Aristocrat”: Bentham Tracts In The Adams Collection, Quincy, Massachusetts, James E. Crimmins Jan 1994

From An “Ultra Democrat” To An “Ultra Aristocrat”: Bentham Tracts In The Adams Collection, Quincy, Massachusetts, James E. Crimmins

James E Crimmins

No abstract provided.


Bentham’S Political Radicalism Reexamined, James E. Crimmins Jan 1994

Bentham’S Political Radicalism Reexamined, James E. Crimmins

James E Crimmins

Jeremy Bentham is a central figure in Elie Halevy's account of the transitional phase in the usage of the term "radical" and the form of politics it signified in the late 1700s and early 1800s, but a complete account of the "radical" nature of Bentham's thought would have to begin when he first developed the philosophical principles of his system in the 1770s. Bentham's political radicalism is examined.


Liberty And Tolerance, Raphael Cohen-Almagor Jan 1994

Liberty And Tolerance, Raphael Cohen-Almagor

raphael cohen-almagor

The underlying presupposition of the concept of freedom is that the doers are autonomous to assert themselves, to make critical reflections, and to lead their lives independently. A person whose autonomy is absent is said to be unfree. Thus, it has been argued that whatever we think ought to be included in what passes for a liberal view, the affirmation of a picture of individual political autonomy, and institutionalized tolerance for that autonomy, cannot be left out. Here I wish to expand on the relationships between liberty and autonomy.


A Tripolar World? A Framework For Analysis, Heidi J. Bachert-Burke Jan 1994

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 ...


Collective Consciousness And Self-Societal Definition: A Theory And Model For A Direct Democracy, John Blaikie Armstrong Jan 1994

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 ...