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Full-Text Articles in Law
Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer
Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer
Daniel Kanstroom
No abstract provided.
Introduction: Law, Torture, And The “Task Of The Good Lawyer” – Mukasey Agonistes , Daniel Kanstroom
Introduction: Law, Torture, And The “Task Of The Good Lawyer” – Mukasey Agonistes , Daniel Kanstroom
Daniel Kanstroom
Following September 11, 2001, there was a challenge to the role of law as a regulator of military action and executive power. Government lawyers produced legal interpretations designed to authorize, legitimize, and facilitate interrogation tactics widely considered to be illegal. This raises a fundamental question: how should law respond to such flawed interpretation and its consequences, even if the ends might have seemed necessary or just? This Symposium examines deep tensions between competing visions of the rule of law and the role of lawyers. Spurred by a controversy over the selection of then-Attorney General Michael Mukasey as commencement speaker, the …
On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom
On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom
Daniel Kanstroom
While some aspects of the “waterboarding” debate are largely political, the practice also implicates deeply normative underpinnings of human rights and law. Attorney General Michael Mukasey has steadfastly declined to declare waterboarding illegal or to launch an investigation into past waterboarding. His equivocations have generated anguished controversy because they raise a fundamental question: should we balance “heinousness and cruelty” against information that we “might get”? Mr. Mukasey’s approach appears to be careful lawyering. However, it portends a radical and dangerous departure from a fundamental premise of human rights law: the inherent dignity of each person. Although there is some lack …
Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom
Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom
Daniel Kanstroom
From the Author’s Introduction: We live in a time of unusual vigor, efficiency, and strictness in the deportation of long-term permanent resident aliens convicted of crimes. This situation is the result of some fifteen years of relatively sustained attention to this issue, which culminated in two exceptionally harsh laws: the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In many cases, these laws have brought about a rather complete convergence between the criminal justice and deportation systems. Deportation is now often a virtually automatic consequence of criminal …
America Goes Global, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
"Unlawful Combatants' In The United States: Drawing The Fine Line Between Law And War, Daniel Kanstroom
"Unlawful Combatants' In The United States: Drawing The Fine Line Between Law And War, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom
St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Introduction, Daniel Kanstroom
Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom
Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom
Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom
Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom
Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.