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Articles 1 - 30 of 50
Full-Text Articles in Law
An Immigration Policy For A Just Society?, Louis Henkin
An Immigration Policy For A Just Society?, Louis Henkin
San Diego Law Review
If it is a human right for every human being to choose where he or she would live, do not considerations of justice require a society to hold out its hand to such a contract? This Article explores the concept of justice, as it applies to immigration law in the United States. It examines the notion that the United States may have an obligation to accept people into the country based on considerations of justice. The author suggests that justice ought to imbue the immigration policy of the United States, and that policy would be different if justice was recognized …
By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson
By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson
San Diego Law Review
The Immigration and Naturalization Service (INS) is an agency with responsibility both for enforcing the immigration laws and conferring legal status and other benefits. This author finds that at times these dual roles create conflict, mistrust in the community, and violations of the rights of aliens. This Article critically examines an undercover operation conducted in 1993 by the San Diego District Office, which lured aliens to deportation through INS offers of legal status. The Article discusses the regulatory and statutory provisions governing INS undercover operations and the rights of aliens subject to final orders of deportation. It continues with an …
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
San Diego Law Review
The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …
Population, Immigration And Growth In California, Richard Sybert
Population, Immigration And Growth In California, Richard Sybert
San Diego Law Review
This Article presents objective data and analysis regarding the components of California's population growth. It also reviews fiscal impacts from immigration. The author finds that these fiscal impacts are substantially negative for state and local governments. The Article also examines United States workforce needs as they may be affected by an expanding population and as they may implicate immigration. The author recommends changing immigration policy to focus more on workforce needs and skills in California. He recommends federal action on two levels: (1) to compensate California for the hugely disproportionate financial burden it bears from the nation's immigration and refugee …
Entry: What Mama Never Told You About Being There, Kathrin S. Mautino
Entry: What Mama Never Told You About Being There, Kathrin S. Mautino
San Diego Law Review
This Article analyzes the development of entry as an immigration concept, with special attention to those factors that affect entry analysis. These elements that the author finds must be considered in every potential entry into the United States are: (1) the legal status of the alien, (2) the purpose for finding an entry, and (3) the congressional intent behind the statutes involved. This Article explores the legal history of the term "entry," and illustrates the interaction of the three factors above. The author concludes that entry analysis demonstrates the political nature of immigration and the frequency that historical events rather …
Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng
Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng
University of Michigan Journal of Law Reform
This Note explores the international mail-order bride industry where women from Asia and other developing countries are trafficked to men in Western industrialized countries. The author discusses the commonalities between the mail-order bride traffic and other forms of sexual exploitation, as well as the cultural and historical forces and the gender, ethnic, and class subordination which together fuel the demand for Asian Pacific mail-order brides. In the United States, the potential for exploitation is made greater in that immigrant brides face a threat of deportation during the first two years of residence via immigration laws. Given the inequalities between consumer-husbands …
Out Of Many, One?, Kenneth L. Karst
Out Of Many, One?, Kenneth L. Karst
Indiana Journal of Global Legal Studies
No abstract provided.
Are There New Complexities In Global Migration Systems Of Consequence For The United States "Nation-State"?, Dennis Conway
Are There New Complexities In Global Migration Systems Of Consequence For The United States "Nation-State"?, Dennis Conway
Indiana Journal of Global Legal Studies
No abstract provided.
U. S. Immigration In A Global Context: Past, Present, And Future, Jeffrey S. Passel, Michael Fix
U. S. Immigration In A Global Context: Past, Present, And Future, Jeffrey S. Passel, Michael Fix
Indiana Journal of Global Legal Studies
Through the use of their own empirical studies, the authors
address three themes: 1) immigration in the global context; 2) the
scale and characteristics of immigration to the United States; and
3) the. expected future impact of immigration to the United States.
The authors focus on U.S. immigration by giving an empirical
comparative history which suggests that, while the sheer number of
immigrants to the United States has grown, the share of foreignborn
people in the U.S. population is well below historic highs.
Next they discuss the characteristics of recent and current
immigrants to the United States in terms of …
U.S. Immigration Policy: Contradictions And Projections For The Future, Kitty Calavita
U.S. Immigration Policy: Contradictions And Projections For The Future, Kitty Calavita
Indiana Journal of Global Legal Studies
No abstract provided.
Comments On "Changing Sovereignty Games And International Migration", Jeffrey A. Hart
Comments On "Changing Sovereignty Games And International Migration", Jeffrey A. Hart
Indiana Journal of Global Legal Studies
No abstract provided.
Changing Sovereignty Games And International Migration, Aristide R. Zolberg
Changing Sovereignty Games And International Migration, Aristide R. Zolberg
Indiana Journal of Global Legal Studies
In this article, Professor Zolberg argues that today's
immigration issues should be analyzed within their historical bases.
He follows the formation of the modern State, with particularfo cus
on the legal and political meaning of "sovereignty" as understood
in pre-colonial times down to the World War II period. He next
identifies several late twentieth century phenomena in Europe and
elsewhere, many of which pose serious challenges to long-standing
notions of nationhood and citizenship. The author concludes that
despite the recent development of borderless markets and
communication infrastructures, much remains to be done to build a
truly global community.
Global Migration And European Integration, Guy De Lusignan
Global Migration And European Integration, Guy De Lusignan
Indiana Journal of Global Legal Studies
No abstract provided.
Reentering The Golden Door: Waiving Good-Bye To Exclusion Grounds For Permanent Resident Aliens, William Mckay Bennett
Reentering The Golden Door: Waiving Good-Bye To Exclusion Grounds For Permanent Resident Aliens, William Mckay Bennett
Washington Law Review
Under the exclusion provisions of the Immigration and Nationality Act (INA), an alien admitted to the United States for permanent residence can be prohibited from reentering the United States after a trip out of the country. Because exclusion grounds differ from deportation grounds, permanent resident aliens who are not deportable could leave the country and find themselves excluded at the border upon return. The INA provides relief in such cases by allowing permanent resident aliens who have lived in the United States for over seven years to apply for a discretionary waiver of exclusion grounds under INA § 212(c). In …
A Proposal To Improve The Treatment Of Women In Asylum Law: Adding A "Gender" Category To The International Definition Of "Refugee", Todd Stewart Schenk
A Proposal To Improve The Treatment Of Women In Asylum Law: Adding A "Gender" Category To The International Definition Of "Refugee", Todd Stewart Schenk
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: Migration And Globalization Symposium, Alfred C. Aman
Introduction: Migration And Globalization Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
A View From The United States - Social, Economic, And Legal Change, The Persistence Of The State, And Immigration Policy In The Coming Century, John Scanlan
Indiana Journal of Global Legal Studies
In this article, Professor Scanlan argues that in spite of recent
trends toward globalism, traditionally composed nation-states,
especially the United States, will continue to exercise localized
control over immigration and receiving nations may pursue
increasingly restrictive policies. The author begins with a history
of recent U.S. and European Union (EU) immigration policies,
positing that State self-interest has always played a central role.
Next, he traces the post-World War II development of the
"international refugee regime" as well as the development of the
European Union's "open"- labor market. Professor Scanlan
predicts that international agencies will become less efficacious for
several reasons, …
Global Migration - Immigration - Multiethnicity: Challenges To The Concept Of The Nation-State, Jost Delbruck
Global Migration - Immigration - Multiethnicity: Challenges To The Concept Of The Nation-State, Jost Delbruck
Indiana Journal of Global Legal Studies
Professor Delbriick begins his article by briefly discussing the
history and development of the nation-state, and then examines how
changes in the political and social environment, often international
and cross-cultural in nature, have altered the traditional notion of
the nation-state. He argues that the modern form of the State
should be based on the concept of the "Open Republic, " rather than
on that of the traditional closed, self-centered, and self-reliant
nation-state. Professor Delbriick demands that his concept of an
"Open Republic" first be grounded in the form of a republican
State-a constitutional government involving the democratic
participation of all …
Mr. Jefferson Must Be Smiling: How State Challenges To Immigration Policy May Prompt Re-Evaluation Of Federalism As A Core Concept Of Our Republic, Jahan Segatol-Islami
Mr. Jefferson Must Be Smiling: How State Challenges To Immigration Policy May Prompt Re-Evaluation Of Federalism As A Core Concept Of Our Republic, Jahan Segatol-Islami
University of Miami Inter-American Law Review
No abstract provided.
Congressional Intent, The Supreme Court And Conflict Among The Circuits Over Statutory Eligibility For Discretionary Relief Under Immigration And Naturalization Act §212(C), David L. Mckinney
University of Miami Inter-American Law Review
No abstract provided.
Proposition 187: Staff Report On The Implications For California Colleges And Universities, Assembly Committee On Higher Education
Proposition 187: Staff Report On The Implications For California Colleges And Universities, Assembly Committee On Higher Education
California Assembly
On November 8, 1994, the California electorate will consider Proposition 187, an initiative measure to (1) bar state and local agencies from providing education, health care, welfare, or other social services to any person whose citizenship or legal status is not verified and (2) require government employees (including teachers, doctors, social workers, and peace officers) to report any person determined to be or under reasonable suspicion of being in the United States illegally.
A summary of the initiative is displayed in Figure 2 of this report. This staff report provides an analysis of the postsecondary provisions of Proposition 187, and …
Yepes-Prado V. U.S. Immigration And Naturalization Service: A Measure Of Privacy In An Immigration Context, Charles J. Seaman
Yepes-Prado V. U.S. Immigration And Naturalization Service: A Measure Of Privacy In An Immigration Context, Charles J. Seaman
University of Miami Inter-American Law Review
No abstract provided.
Fundamental (In)Justice: The Deportation Of Long-Term Residents From Canada, Russell P. Cohen
Fundamental (In)Justice: The Deportation Of Long-Term Residents From Canada, Russell P. Cohen
Osgoode Hall Law Journal
Under the Immigration Act, permanent residents and illegal immigrants may, for a number of reasons, be deported from Canada for life. Even after residing in this country for many years, immigrants without the formality of citizenship enjoy only a limited right to remain. The author argues that deportation violates an immigrant's right to life, liberty and security of the person under section 7 of the Charter. And where that person has established fundamental connections with Canada, through family relations, education, employment, culture, etc., deportation, moreover, is not in accordance with the principles of fundamental justice. In determining the principles of …
Summary Report Prepared For Assembly Select Committee On Statewide Immigration Impact, Assembly Office Of Research
Summary Report Prepared For Assembly Select Committee On Statewide Immigration Impact, Assembly Office Of Research
California Assembly
No abstract provided.
Ain't?, Susan Grover
Addressing Immigration Issues In California: Briefing Paper, California Senate Office Of Research
Addressing Immigration Issues In California: Briefing Paper, California Senate Office Of Research
California Senate
No abstract provided.
Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis
BYU Law Review
No abstract provided.
Naturalization Ceremonies, United States District Court, Albany, Ny, Roger J. Miner '56
Naturalization Ceremonies, United States District Court, Albany, Ny, Roger J. Miner '56
Legal History
No abstract provided.
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
Michigan Journal of International Law
This article will discuss in greater detail the profound defects of the Court's Zacarias decision. Section I will discuss the interpretation of key provisions of the 1980 Refugee Act, and describe the case of Jairo Elias Zacarias. Section II will review the plain language and legislative intent of the Act, including the congressional purpose of conforming to the 1967 Protocol. Section III will consider issues of burden of proof, and will examine the substantive impact which Zacarias has had on refugee cases. Section IV will focus on religious persecution as a paradigm of the inadequacy of an intent-based requirement and …
Keeping An Eye On The I.N.S.: A Case For Civilian Review Of Uncivil Conduct, Stephen A. Rosenbaum
Keeping An Eye On The I.N.S.: A Case For Civilian Review Of Uncivil Conduct, Stephen A. Rosenbaum
Publications
Use of deadly force by the U.S. Border Patrol (and other immigration officers) and other forms of violence against border-crossing migrants has captured the attention of the agency's leadership, although the response remains equivocal and erratic. In 1993, the then Acting Commissioner of the Immigration and Naturalization Service (INS) pledged to aggressively pursue[ ] claims of misconduct and strictly adhere to investigative and disciplinary procedures. However, the INS stopped short of endorsing changes in complaint review procedures, such as the call for civilian oversight.
A decade has passed since the U.S. Commission on Civil Rights identified serious problems in the …