Law Commons^™

Στοίχημα Η Διαφύλαξη Των Εργασιακών Σχέσεων, Nicos Trimikliniotis

Nicos Trimikliniotis

Η σημερινή κατάσταση στην εργασία και απασχόληση με τα πρωτοφανή για τα Κυπριακά δεδομένα ποσοστά ανεργίας είναι εξαιρετικά δύσκολη. Παρά τις σημαντικές μεταρρυθμίσεις, π.χ. ο νόμος για τη διασφάλιση του δικαιώματος συνδικαλιστικής οργάνωσης και για εκσυγχρονισμό των εργασιακών σχέσεων κ.ά. το σύστημα εργασιακών σχέσεων σήμερα αντιμετωπίζει τις μεγαλύτερες προκλήσεις μετά το 1974. Το σύστημα συλλογικών διαπραγματεύσεων και συλλογικών συμβάσεων, η συνδικαλιστική προστασία και διεκδίκηση έχουν δημιουργήσει ένα επιτυχημένο πλαίσιο. Τα βασικά χαρακτηριστικά του είναι το υψηλό επίπεδο συνδικαλιστικής πυκνότητας, οι συλλογικές διαπραγματεύσεις και συμβάσεις και η Αυτόματη τιμαριθμική αναπροσαρμογή (ΑΤΑ) που αποτελούν αποτελεσματικά μέσα αποφυγής ανούσιων εργασιακών συγκρούσεων διασφαλίζοντας τουλάχιστον …

Migrant Workers And Minimum Wages: Regulating The Exploitation Of Agricultural Labor In The United States, Marc Linder

Marc Linder

No abstract provided.

The Embodiment Of Tolerance In Discourses And Practices Addressing Cultural Diversity In Schools, The Case Of Cyprus, Nicos Trimikliniotis, Corina Demetriou, Elena Papamichael

Nicos Trimikliniotis

The report examines the processes, methods and Practices of the Cypriot educational system as the

embodiment of tolerance in discourses and practices addressing cultural diversity in schools. These are

mediated by the perceptions of policy makers, the convictions of stakeholders involved in the processes and abilities of and tools made available to educationalists. In examining the nature of the educational system and particularly the way in which the system treats its minoritised individuals and groups, the philosophy which emerges is that of viewing diversity as a disadvantage and a deficiency that needs to be ‘treated’, against a backdrop of essentialising …

Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana

Shruti Rana

The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively. An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling …

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Katherine L. Vaughns

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …

Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns

Katherine L. Vaughns

Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …

A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.

Asylum And Inspections Reform, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.

Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu

Jamin Raskin

No abstract provided.

Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana

Shruti Rana

This essay reviews and critiques two new books on the debate over immigration and citizenship, Anna O. Law, The Immigration Battle in American Courts, and Ediberto Roman, Citizenship and Its Exclusions: A Classical, Constitutional, and Critical Race Critique. Law’s book takes a procedural approach to unraveling the complex immigration cases emanating from the U.S. courts of appeals and the U.S. Supreme Court. This essay challenges some of Law’s conclusions and suggests methodological alterations that may strengthen her key arguments. Roman’s book is distinct from Law’s in that it takes on a much broader historical and procedurialist view of the idea …

Kiyemba, Guantanamo, And Immigration Law: An Extraterritorial Constitution In A Plenary Power World, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Immigration law is central to justifications for why five men remain detained indefinitely at Guantanamo, despite having writs of habeas approved in 2008. Since then, the Court of Appeals in Kiyemba v. Obama I, II, and III has used plenary powers reasoning to justify detentions under immigration law. The detainees are all non-combatants and Uighurs, Turkic Muslims from China. The Supreme Court may review these cases. Kiyemba I and III concern their judicial release into the U.S., while Kiyemba II regards barring their transfer because they may be tortured overseas. These cases raise significant constitutional habeas issues, but they also …

Dancing On The Borders Of Article 4. Human Trafficking And The European Court Of Human Rights In The Rantsev Case., Vladislava Stoyanova

Vladislava Stoyanova

This article points to four worrisome aspects of the Court’s reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of ‘human trafficking’ without offering any meaningful legal analysis as to the elements of the human trafficking definition. Second, the adoption of the human trafficking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. The heart of this article is the argument that the human trafficking framework should be discarded and the Court should focus and develop the prohibitions on slavery, servitude and forced labor. To advance this argument I explain the relation between, on …

Smuggling Of Asylum-Seekers And Criminal Justice, Vladislava Stoyanova

Vladislava Stoyanova

The objective of this paper is to demonstrate the legal implications for asylum-seekers flowing from their resort to falsified documents as a method of gaining access to the territory of asylum countries. Article 31(1) of the Refugee Convention is supposed to act as a shield against punishment for illegal entry. However, the paper identifies four issues relating to the application of Article 31 which make the functioning of the shield difficult. The first issue relates to the procedure of applying Article 31 and in particular the interrelationship between the refugee status determination procedure and the criminal procedure initiated as a …

Πολιτική Ένταξης Των Μεταναστών Στην Κύπρο, Nicos Trimikliniotis

Nicos Trimikliniotis

Το ζήτημα της ένταξης των μεταναστών προβάλλει ως μείζον διακύβευμα εφόσον χωρίς την ένταξη τους απειλείται ο δημοκρατικός ιστός της Κυπριακής κοινωνίας, εφόσον το πολυπολιτισμικό στοιχείο αποτελεί βασικό συστατικό του πυρήνα της κυπριακής κοινωνίας και οικονομίας εδώ και μια εικοσαετία. Το ζήτημα τούτο αποκτά μεγαλύτερη σημασία σε συνθήκες οικονομικής κρίσης, εφόσον οι μετανάστες είναι κατά κανόνα εύκολος στόχος και κατεξοχήν αποδιοπομπαίος τράγος για τα κακώς έχοντα στη κοινωνία

You Are Living In A Gold Rush, Richard Delgado

Richard Delgado

This article argues that our times, characterized as they are by dreams of vast wealth, environmental destruction, and growing social inequality, resemble nothing so much as earlier get-rich-quick periods like the Gilded Age and the California gold rush. I put forward a number of parallels between those earlier periods and now and suggest that the current fever is likely to end soon. This will come as a relief to those of you who, like me, deplore the regressive social policies, bellicose foreign relations, and coarsening of public taste that we have been living through—even if some of our more libertarian …

Immigration And The Population Of Canada: The 2000-2010 Decade In Historical Context, Roderic Beaujot, Muhammed Raza

Muhammed M Raza Mr

The paper elaborates the role of immigration and immigration policy in Canada. Certain phases of immigration are identified in historical and policy contexts. The consequences of immigration in terms of population growth, age structure and geographical distribution are highlighted. The paper concludes with the social, economic and cultural impact of immigration.

Moral Turpitude, Julia Simon-Kerr

Julia Simon-Kerr

This Article gives the first account of the moral turpitude standard, tracing its history from the early American law of defamation to evidence law, where it has been used for witness impeachment, and then to legal areas as diverse as voting rights, juror disqualification, professional licensing, and immigration law, where it is used as a collateral sanctioning mechanism. "Moral turpitude" was formalized as a legal standard by common law courts seeking a manageable test for slander per se. As the standard spread and was appropriated for use in other fields, it functioned as a standard that purported to judge character …

Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman

John C. Eastman

Representative Service, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Use Of The Term 'Illegal Alien', Shoba S. Wadhia

Shoba Sivaprasad Wadhia

This essay examines the use of the terms “alien,” “illegal,” and “illegal alien.” It will show that use of the term “illegal alien” is problematic because it is subject to many definitions that are often inaccurate. Moreover, even if there is agreement on the scope of the phrase “illegal alien,” the term cannot be fully understood without studying the individual characteristics of those defined by this term as well as the role of the government in sustaining an outdated immigration structure that creates illegal immigration an inevitability. Finally, this essay will show that the term “illegal alien” is dehumanizing because …

Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel C. Zoghlin

Rachel Claire Zoghlin

“I was born into my father’s arms,” David responded emphatically when I asked him about his relationship with his mother. David’s father, Ronald, has been his teacher, his guardian, his provider, and his support for his entire life. He taught David to be strong and gentle, proud and humble. David inherited Ronald’s kind eyes, his honest nature, his palpable presence, and his immovable strength. The first, last, and only time David met his mother was on January 23, 1965 – the day he was born. Ronald raised two children, David and his sister Roxanne, as a single parent.

When David …

Importing The Flawless Girl, Kit Johnson

Kit Johnson

Fashion model visas have never been the subject of scholarly treatment, much less a focused analysis. In fact, they have been the subject of considerable confusion in Congress and have become a polarizing issue in public debate. Clarity is important, because the granting of visas to fashion models has an undeniably positive economic impact on a major U.S. industry. Moreover, fashion model visas have the unique potential to serve as levers to affect important aspects of social policy and to address public health concerns. This paper begins by examining what it takes to be a fashion model and why the …

Foia Request To Dhs On Daca Program, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.