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Articles 31 - 60 of 123
Full-Text Articles in Entire DC Network
The Day Laborer Debate: Small Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins
The Day Laborer Debate: Small Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins
ExpressO
Herndon, Virginia is the latest example of small town immigration issues exploding into the national debate on illegal immigration. This four-square mile town, population 22,000, was propelled into the national spotlight after a dramatic public reaction to Mayor Michael O’Reilly’s proposal to construct a hiring site for day laborers. Three months before the center even opened its doors, Herndon and Fairfax County faced a law suit challenging the legality of funding a day labor center that would inevitably extend its services to undocumented immigrants.
Small towns, adjusting to significant increases in the immigrant worker population, have become a new battlefield …
Any Place For Ethnicity? The Liberal State And Immigration, David Abraham
Any Place For Ethnicity? The Liberal State And Immigration, David Abraham
ExpressO
When it comes to immigration, almost all liberal states are faced with the contradiction between their universalist principles and the real affinities they feel for ethnic kinsmen. This review essay (4000 words) addresses the different ways a number of liberal democracies have handled this dilemma.
Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo
Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo
Working Paper Series
The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the …
New International Human Rights Standards On Unauthorized Immigrant Worker Rights: Seizing An Opportunity To Pull Governments Out Of The Shadows, Beth Lyon
Working Paper Series
Governments cannot ignore international human rights standards for unauthorized migrant workers forever. This chapter presents a call for comparative work on the issue of the legal regimes affecting unauthorized immigrant workers in order to bring governments into greater awareness and compliance with their obligations to unauthorized immigrant workers.
Global illegal migration by laborers seeking economic opportunities is expanding, resulting in an increasing number of migrants in every country who are working in violation of immigration laws. Unauthorized immigrant workers are numerous enough to form a recognizable group in every major world economy, because most receiving countries have immigration laws that …
Children And Immigration: International, Local, And Social Responsibilities, Berta E. Hernández-Truyol, Justin Luna
Children And Immigration: International, Local, And Social Responsibilities, Berta E. Hernández-Truyol, Justin Luna
UF Law Faculty Publications
This essay focuses on the human rights of immigrant children, regardless of the legality of their presence within U.S. borders, especially with respect to health, education, and welfare. In that context, the work explores, as the title suggests, the international, local, and social/cultural normative standards that structure the responsibilities—independently and collectively, that proverbial village—with respect to children's well-being. We develop these ideas in three parts. First, we address the foundations of the human rights idea and specifically enumerate the particular normative notions, including international treaties that govern children's lives. Next, we discuss immigration in the United States, with particular attention …
Undocumented Immigrants: Law Breakers Or Hard Working Contributors To The U.S. Economy (Panelist), Michael Scaperlanda
Undocumented Immigrants: Law Breakers Or Hard Working Contributors To The U.S. Economy (Panelist), Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
The Employer Preference For The Subservient Worker And The Making Of The Brown Collar Workplace, Leticia M. Saucedo
The Employer Preference For The Subservient Worker And The Making Of The Brown Collar Workplace, Leticia M. Saucedo
ExpressO
The rapidly growing Latino immigrant population raises questions about how the “brown collar” worker is being incorporated into our economy. Newly arrived Latino immigrants, or “brown collar” workers, are increasingly found in segregated workplaces throughout the country. They typically perform the least desirable jobs in the most unstable conditions in our economy. This article explores the creation of these workplaces by focusing first, on the conditions that create brown collar subservience and second, on employer practices that seek workers out for their subservience. Today’s anti-discrimination law does not adequately capture the form of discrimination lurking in the interaction between brown …
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
ExpressO
The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: “Societies that trade liberty for security end often with neither.” Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism – including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government’s actions in fighting terrorism. The thesis throughout …
Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong
Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong
Brigham Young University Education and Law Journal
No abstract provided.
Even Heroes Need To Talk: Psycho-Legal Soft Spots In The Field Of Asylum Lawyering, Tehila Sagy
Even Heroes Need To Talk: Psycho-Legal Soft Spots In The Field Of Asylum Lawyering, Tehila Sagy
ExpressO
This research identifies emotional pressure points pertaining to the asylum seeking client’s narration of her traumatic past persecution in the process of preparing the asylum claim. A typology of psycholegal soft-spots was offered, which includes the potential impact of the work done by the asylum seeking client and her lawyer on both parties. Interviews with Bay Area lawyers who represented asylum seekers were conducted in order to assess the level of asylum lawyer’s awareness to special needs dictated by the psycho-legal soft spots during asylum representation. Lawyers were asked about how they handle those issues and about training and support …
Choiceless Choices: Deportation And The Parent-Child Relationship, David B. Thronson
Choiceless Choices: Deportation And The Parent-Child Relationship, David B. Thronson
Nevada Law Journal
No abstract provided.
Texas Rangers Resurrected: Immigration Proposals After September 11th., Alyssa Garcia Perez
Texas Rangers Resurrected: Immigration Proposals After September 11th., Alyssa Garcia Perez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Profiles Of Asian American Subgroups In Massachusetts: Chinese Americans In Massachusetts, Shauna Lo
Profiles Of Asian American Subgroups In Massachusetts: Chinese Americans In Massachusetts, Shauna Lo
Institute for Asian American Studies Publications
This report presents a profile of Chinese Americans statewide as well as highlights Chinese Americans living in four communities: Boston’s Chinatown, Quincy, Malden and Newton. It draws upon U.S. Census data, secondary sources and interviews.
Female Refugees: Re-Victimized By The Material Support To Terrorism Bar, Kara Beth Stein
Female Refugees: Re-Victimized By The Material Support To Terrorism Bar, Kara Beth Stein
McGeorge Law Review
No abstract provided.
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Law Publications
No abstract provided.
More Than Mere Semantics: The Case For An Expansive Definition Of Persecution In Sexual Minority Asylum Claims, Monica Saxena
More Than Mere Semantics: The Case For An Expansive Definition Of Persecution In Sexual Minority Asylum Claims, Monica Saxena
Michigan Journal of Gender & Law
This Article asserts that the requirement in U.S. asylum law that requires an asylee to make a showing of persecutory intent is overly and especially restrictive in claims made by sexual minorities. This Article proposes that the U.S. adopt the asylum standards of New Zealand and Canada, where the focus is on the failure of government protection as opposed to a focus on persecutory intent. Such standards are consistent with both the realities of persecution that sexual minorities encounter and the original impetus behind the Refugee Convention. Part I examines the different forms of persecution against sexual minorities. Part II …
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Fiona David
ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.
Asean Responses To Trafficking In Persons, Fiona M. David Ms
Asean Responses To Trafficking In Persons, Fiona M. David Ms
Fiona David
This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.
Seventh Circuit Reiterates The Importance Of Immigrant Due Process, Maya A. Nair
Seventh Circuit Reiterates The Importance Of Immigrant Due Process, Maya A. Nair
Public Interest Law Reporter
No abstract provided.
International Migration And Trade: A Multi-Disciplinary Synthesis, Jagdeep S. Bhandari
International Migration And Trade: A Multi-Disciplinary Synthesis, Jagdeep S. Bhandari
Richmond Journal of Global Law & Business
No abstract provided.
Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez
Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez
The Modern American
No abstract provided.
Greasers And Gringos: Latinos, Law, And The American Imagination By Steven W. Bender, Chelsy A. Castro
Greasers And Gringos: Latinos, Law, And The American Imagination By Steven W. Bender, Chelsy A. Castro
The Modern American
No abstract provided.
The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins
The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins
The Modern American
No abstract provided.
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Indiana Journal of Global Legal Studies
This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the immigrant workers displaced by shifting labor markets. Through critical review of two case studies, the article pursues a more comprehensive understanding of the reasons the system failed these workers, in order to better respond to systematic barriers placed in the way of limited-English proficient …
The Organization Of Care Work In Italy: Gender And Migrant Labor In The New Economy, Dawn Lyon
The Organization Of Care Work In Italy: Gender And Migrant Labor In The New Economy, Dawn Lyon
Indiana Journal of Global Legal Studies
This articled discussed social, political, and economic aspects--particularly, gender and race-based implications-of the organization of elder care work in Italy and globally. Care work for the elderly is a particularly acute concern in Italy and across Europe, as the population is aging while women (the traditional caregivers) have joined the labor force in record numbers and family size has decreased. As the supply of informal female carers has decreased, the need for elder care is increasing. In Italy, a significant trend is the employment of migrant female workers (many from Latin American, Eastern European, and African nations) for home-based elder …
Comments: Immigrants, Health Care, And The Constitution: Medicaid Cuts In Maryland Suggest That Legal Immigrants Do Not Deserve The Equal Protection Of The Law, Tricia A. Bozek
University of Baltimore Law Review
No abstract provided.
Transnational Labor Citizenship, Jennifer Gordon
Transnational Labor Citizenship, Jennifer Gordon
Faculty Scholarship
Over one million new immigrants arrive in the United States each year. This spring, Americans saw several times that number pour into the streets, protesting proposed changes in U.S. immigration and guest work policies. As the signs they carried indicated, most migrants come to work, and it is in the workplace that the impact of large numbers of newcomers is most keenly felt. For those who see both the free movement of people and the preservation of decent working conditions as essential to social justice, this presents a seemingly unresolvable dilemma. In a situation of massive inequality among countries, to …
Love Knows No Borders—The Same-Sex Marriage Debate And Immigration Laws, Amy K. R. Zaske
Love Knows No Borders—The Same-Sex Marriage Debate And Immigration Laws, Amy K. R. Zaske
William Mitchell Law Review
No abstract provided.
The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf
The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf
American University Law Review
This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. It proposes a unifying theory - membership theory - for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the government and the people.
Membership theory provides decisionmakers with justification for excluding individuals from society, using immigration and criminal law as the means of exclusion. It operates in the intersection between criminal …
Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry
Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry
All Faculty Scholarship
Congress is now considering radical changes to the immigration system. This article looks at the immigration issue as a labor and employment law question, and proposes a possible solution based on this approach.
I suggest that forming Limited Liability Companies (LLCs) will benefit low-wage immigrant women workers by transforming them into business owners. By using existing legal structures to their benefit, low-wage women workers can curtail at least a portion of the exploitation that they currently experience. Instead of being hired to perform a job, having the intermediary take a cut, and then pay them some amount out of that, …