Supreme Court· 3/31/1958

Nishikawa v. Dulles

Citations

356 U.S. 129
78 S. Ct. 612
2 L. Ed. 2d 659
1958 U.S. LEXIS 1285

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a party’s burden of proof is not satisfied by discrediting the opposing party’s witnesses; affirmative evidence is required
requiring a clear and convincing standard of proof for voluntary expatriation in the absence of congressional guidance and in the light of analogous Supreme Court precedents
requiring a clear and convincing standard of proof for voluntary expatriation in the absence of congressional guidance and in the light of analogous Supreme Court precedents
discussing the government’s burden of responding once a showing of conscription had been made
determining the district judge’s disbelief of the plaintiffs testimony that he was drafted in a foreign army, was by itself insufficient to satisfy the government’s burden of proving the plaintiff had voluntarily joined a foreign army and thus should lose his United States citizenship
in the absence of evidence of congressional intent to adopt a particular standard of proof, Court imposes clear-and-convincing-evidence standard in expatriation cases

Source: CourtListener parenthetical corpus (CC0).

Judges: Warren, Black, Frankfurter, Harlan, Douglas, Burton, Clark

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Cited by

107 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Nishikawa v. Dulles

2 other CourtListener records share this case name.

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