Law Commons^™

Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau

Journal Articles

In this essay, I will consider how law, religion, and democratic pluralism revolve around a particular issue: global migration. I use the term global migration to encompass a number of related issues that are often collapsed under the term immigration. In nations that have constructed their identities around waves of settlers or migrants -- places like the United States, Canada, Australia, and New Zealand -- immigration involves the formal reception of foreigners into the host country as potential new citizens. This is just one part of the migration of peoples around the globe. Migration also encompasses emigration, asylum, economic migration,and …

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Development Of The Hypothetical Federal Felony: A Solution To Nonuniformity In Immigration., Audra J. Ferguson-Allen

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Trading Information For Safety: Immigrant Informants, Federal Law-Enforcement Agents, And The Viability Of Non-Deportation Agreements, Colleen Melody

Washington Law Review

Federal law-enforcement agents use informants to help guide investigations. Immigrants sometimes possess valuable information about organized crime connected with their home countries. To persuade an immigrant to divulge such information, federal agents and prosecutors often promise to reward cooperation with permission to stay in the United States. Non-deportation is a persuasive enticement to an informant who might otherwise be unwilling to help; criminal groups would likely harm a known informant returning home. After deciding to cooperate, many immigrants are placed in deportation proceedings notwithstanding their deals. This Comment discusses the persistent legal conundrum faced by immigrant informants after the U.S. …

Michigan Guidelines 10th Anniversary, University Of Michigan Law School

Event Materials

Program for a book launch ceremony for The Michigan Guidelines on the International Protection of Refugees.

U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.

Interest And Action: Findings From A Survey Of Asian American Attitudes On Immigrants, Immigration, And Activism, Michael Liu, Shauna Lo, Paul Watanabe

Institute for Asian American Studies Publications

This report presents results from a survey of 412 Chinese and Vietnamese in the Boston area about attention paid to immigration issues, views on the impact of immigrants and on immigration policies, and likeliness to engage in political activities around immigration rights.

Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes

University of Miami Law Review

No abstract provided.

The Political Economy Of Immigration Reform, Emily A. Harrell, David L. Franklin

North Carolina Central Law Review

No abstract provided.

Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis

Nicos Trimikliniotis

Outside southern Africa little attention has been given to the lively debates, particularly within South Africa, about migration, economic integration, racism/xenophobia and exclusion. After the collapse of apartheid the Southern African Development Community (sadc) developed initiatives on regional co-operation on population movement in a far-reaching 1995 Draft Protocol on Free Movement. However, the post-apartheid South African state was concerned solely with free trade and, with the support of other regional players, managed to halt the Protocol. The processes of neoliberal regional integration, socioeconomic transformations, poverty and inequality, as well as the political turmoil in countries of the sub-Saharan region, have …

Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis

Nicos Trimikliniotis

Kατεδαφιζόμεθα ή καταρρέει ένα ιδεολόγημα Στο απόηχο της πρώτης και σ’ αναμονή της δεύτερης συνάντησης των δύο ηγετών, του κ. Χριστόφια και κ. Ταλάτ, «ξέσπασε» ή μάλλον «κατασκευάστηκε» από κάποια μίντια (και τις εμπρηστικές δηλώσεις από διάφορους) μια έξαλλη «συζήτηση» γύρω από την εγκύκλιο του Υπουργού Παιδείας. Μάλλον καταλάγιασε, προσωρινά τουλάχιστον, αλλά θα σιγοκαίει καθώς προχωρούν οι συνομιλίες. «Αλλού μας τρώει» λοιπόν… Αξίζει ωστόσο να πάρουμε κάτι από τις αντιδράσεις από μια εγκύκλιο που λέει τα αυτονόητα, κι απλά θέλει να εφαρμόσει στην πράξη αυτά που προφανώς ψευδώς διακηρύσσαμε. Γι’ αυτό και παίρνουμε στα σοβαρά τα τραγελαφικά που ζούμε κι …

Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Empowering Victims, Opening Borders Preventing Human Trafficking By Adjusting Immigration Laws To Accommodate The Supply And Demand Of Migrant Workers, Julie Krüger

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins

Washington and Lee Law Review

No abstract provided.

Reflections On Domestic Work And The Feminization Of Migration, Glenda Labadie-Jackson

Campbell Law Review

This Article brings forth some general reflections on domestic work and the feminization of migration, with particular emphasis on the complex interrelation of immigration status, gender, class, and race that takes place in this context. In light of these reflections, the Article concludes by recommending the promulgation of additional national and international regulatory schemes designed to protect the human rights of domestic workers.

A Localist Reading Of Local Immigration Regulations, Rick Su

Journal Articles

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …

John Mccain's Citizenship: A Tentative Defense, Stephen E. Sachs

Stephen E. Sachs

Sen. John McCain was born a U.S. citizen and is eligible to be president. The most serious challenge to his status, recently posed by Prof. Gabriel Chin, contends that the statute granting citizenship to Americans born abroad did not include the Panama Canal Zone, where McCain was born in 1936. When Congress amended the law in 1937, he concludes, it was too late for McCain to be "natural born." Even assuming, however, that McCain's citizenship depended on this statute - and ignoring his claim to citizenship at common law - Chin's argument may be based on a misreading. When the …

The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang

All Faculty Scholarship

The immigration of relatively unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal ideals. These ideals would treat these workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of relatively unskilled workers …

Toward A World Migratory Regime, Raffaele Marchetti

Indiana Journal of Global Legal Studies

Increasing transnationalism challenges the predominant statist treatment of migration and citizenship. Global, indeed cosmopolitan, citizenship offers an alternative to open border policies and global migratory management that focuses on the extent to which political agents are free to move and join different societies. Multilayered citizenship and multileveled political membership encourages a supranational institution dedicated to global deliberation. Such a migratory regulatory system and new admission criteria developed under the universal membership regime ensure the grant of civil, social, and political rights to all migrants.

Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis

Nicos Trimikliniotis

[In Greek] This paper is an attempt at approaching the issue of truth and reconciliation in Cyprus in a way that draws upon both the international as well as the local struggles and traditions, in an effort to critically integrate the knowledge, experiences and allow for reflectivity. What follows is a brief sketch of a more extensive paper which reflects upon the means, goals and ultimate objectives in a manner that is open-ended and non-exhaustive to contribute towards a debate on a subject that has not received its due attention . The paper draws upon some of the debates over …

Rethinking Reconciliation And Cooperation With View To Reunification In Cyprus: Challenges For Citizens, Political And Social Actors, Nicos Trimikliniotis

Nicos Trimikliniotis

Concept The conference aims to initiate a dialogue between the two communities on the concept as well as the potential for reconciliation and cooperation in Cyprus today: at a time when working groups and technical committees are engaged in a dialogue preparing the ground for the face to face meeting between the leaders of the two communities, academics, researchers, activists and concerned citizens cannot stand by and watch; they need to find ways to constructively engage in the debate over the future of Cyprus and contribute to building trust, communication and understanding between the two communities. The conference proposes to …

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

``No One Does That Anymore": On Tushnet, Constitutions, And Others, Penelope J. Pether

Working Paper Series

In this contribution to the Quinnipiac Law Review’s annual symposium edition, this year devoted to the work of Mark Tushnet, I read his antijuridification scholarship “against the grain,” concluding both that Tushnet’s later scholarship is neo-Realist rather than critical in its orientation, and that both his early scholarship on slavery and his post-9/11 constitutional work reveal an ambivalence about the claim that we learn from history to circumscribe our excesses, which anchors his popular constitutionalist rhetoric.

The likeness of Tushnet’s scholarship to the work of the Realists lies in this: while the Realists’ search for a science that would satisfy …

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether

Working Paper Series

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …

The Terrorism Exception To Asylum: Managing The Uncertainty In Status Determination, Won Kidane

University of Michigan Journal of Law Reform

The Immigration and Nationality Act ("INA "), as it must, excludes a terrorist from receiving asylum. The substantive criteria and the adjudicative procedures set forth under the INA for the identification of the undeserving terrorist inevitably exclude those who are neither terrorists nor otherwise undeserving. Such unintended consequences are perhaps unavoidable in any well-conceived statutory scheme. What is disconcerting is, however the margin of the possible error in the application of this statutory scheme. Those who may be excluded by the application of these provisions are often not those who are supposed to be excluded as terrorists. Moreover, the existing …