About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

23 San Diego L. Rev. 261 (1986)
Board of Appellate Review of the Department of State: The Right to Appellate Review of Administrative Determinations of Loss of Nationality, The

handle is hein.journals/sanlr23 and id is 273 raw text is: The Board of Appellate Review of the Department of State: The Right to Appellate Review of Administrative Determinations of Loss of Nationality ALAN G. JAMES* The Chairman of the Board of Appellate Review traces the origins and development of this autonomous, quasi-judicial body, and ex- amines its role as adjudicator of appeals from the Department of State's administrative determinations of loss of nationality. Ana- lyzing illustrative decisions of the Board and applicable judicial precedent, the author focuses his inquiry into the appellate pro- cess on the crucial issue in loss of nationality proceedings: whether a citizen who performed a statutory expatriating act intended to relinquish man's most basic right-citizenship. APPELLATE REVIEW AND DUE PROCESS OF LAW For nearly twenty years the Board of Appellate Review (Board) has been hearing appeals of expatriated Americans to recover what Chief Justice Warren called man's most basic right ---citizenship.' To those who chose to contest the Department of State's (Depart- * B.A. 1943, Williams College; LL.B. 1947, Yale Law School. Mr. James retired from the Foreign Service in 1980 and in February 1982 was appointed Chairman of the Board of Appellate Review. The opinions expressed in this Article are the author's and do not necessarily reflect the views of the Department of State or members of the Board. 1. Perez v. Brownell, 356 U.S. 44, 64 (1958) (Warren, C.J., dissenting). Chief Justice Warren observed: Citizenship is man's most basic right for it is nothing else than the right to have rights. (emphasis in original). March-April 1986 Vol. 23 No. 2

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most