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Articles 1 - 25 of 25
Full-Text Articles in Law
Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder
Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis
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
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 …
Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis
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
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 …
The Ethics Of Immigration: An Exchange, Michael Scaperlanda, William Chip
The Ethics Of Immigration: An Exchange, Michael Scaperlanda, William Chip
Michael A. Scaperlanda
No abstract provided.
The Human Face Of Immigration, Michael Scaperlanda
The Human Face Of Immigration, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
State Immigration Laws And The Question Of Religious Freedom, Michael Scaperlanda
State Immigration Laws And The Question Of Religious Freedom, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Immigration Reform, Michael Scaperlanda
Justice And Mercy: Catholic Legal Theory And The Immigration Question, Michael Scaperlanda
Justice And Mercy: Catholic Legal Theory And The Immigration Question, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Vernon M Briggs Jr
Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.
The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler
The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler
Maria L. Ontiveros
This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.
Seeing The Face Of Christ In The Immigrant, Michael Scaperlanda
Seeing The Face Of Christ In The Immigrant, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Can't Live With 'Em, Can't Deport 'Em: Why Immigration Reform Efforts Have Failed, Marisa Cianciarulo
Can't Live With 'Em, Can't Deport 'Em: Why Immigration Reform Efforts Have Failed, Marisa Cianciarulo
Marisa S. Cianciarulo
Abstract: The United States has a passionate love/hate relationship with undocumented immigrants. The refrain “We are a nation of immigrants” competes with the exhortation “We are being invaded.” Many Americans fault undocumented immigrants for breaking U.S. laws, not waiting their turn in line for lawful immigration and diluting already scarce public resources. Other Americans applaud the strong work ethic that many undocumented immigrants exhibit and the economic strength they bring to the country. In the post-September 11 years, the debate has reached a boiling point.
The conflicting emotions of the immigration debate aside, the United States’ need for immigration is …
Law School Legends On Audio Cd: Immigration Law, Michael Scaperlanda
Law School Legends On Audio Cd: Immigration Law, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless
Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless
Rebecca Sharpless
When determining the legal effect of a conviction under immigration law, adjudicators claim to apply a uniform, federal standard that prohibits fact finding regarding the underlying circumstances that gave rise to the conviction. This categorical analysis of crimes is firmly rooted in all levels of administrative and federal court case law. Yet fundamental confusion exists concerning what it means to apply a categorical approach to evaluating when a criminal conviction is of a type that triggers deportation. This article demonstrates that a source of this confusion is a misunderstanding of the nature of a conviction and the difference between a …
Reason Giving In Court Practice: Decision-Makers At The Crossroads, Mathilde Cohen
Reason Giving In Court Practice: Decision-Makers At The Crossroads, Mathilde Cohen
Mathilde Cohen
According to liberal democratic theory, public institutions’ practice—and sometimes duty—to give reasons is required so that each individual may view the state as reasonable and, therefore, legitimate. Does the giving of reasons in actual court practice achieve these goals? Drawing on empirical research carried out in a French court, this Article shows that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first case because they are transformed from a device designed to “protect” citizens from arbitrariness into a professional norm intended to “protect” the judges themselves and perhaps further …
Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia
Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
The discussion is broken down into four parts. First, I will review some basic historical points and terminology. Second, I will describe some of the government's immigration enforcement policies following the comprehensive immigration reform ("CIR") debate and the human consequences and concerns behind such policies. Third, I will describe the relevant legal authorities for arresting and detaining noncitizens. Finally, I will provide some recommendations for moving forward.
Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family
Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family
Jill E. Family
Threats To The Future Of The Immigration Class Action, Jill E. Family
Threats To The Future Of The Immigration Class Action, Jill E. Family
Jill E. Family
Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael Scaperlanda
Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo
What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo
Marisa S. Cianciarulo
Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …
Migration States Or States Of Exception? Social Movements Confront Authoritarian Statism, Nicos Trimikliniotis
Migration States Or States Of Exception? Social Movements Confront Authoritarian Statism, Nicos Trimikliniotis
Nicos Trimikliniotis
-Introduction -Defining the State -Europeanisation and the State -The Emergent Migration State -The Centrality of the Border: Migration and the State of Exception -Revisiting the ‘Agency versus Structure’ Debate -Migrants against the State of Exception ----Link: http://www.kora.metu.edu.tr/glomig/GLOMIG_Conference_Proceedings_Book.pdf Introduction If we are to address thoroughly an issue as complex as migration, we are forced to examine closely how the methods for controlling migration are being reformulated. The focus of our paper is primarily the European context, but the ideas and processes have a much wider scope. In an era that is characterised by a generalised ‘state of exception’ (Agamben, 2004), the …
"In All Things Love" Immigration, Policy-Making And The Development Of Preferential Options For The Poor, Michele R. Pistone, John J. Hoeffner
"In All Things Love" Immigration, Policy-Making And The Development Of Preferential Options For The Poor, Michele R. Pistone, John J. Hoeffner
Michele R. Pistone
The invitation to write for this symposium stated that the preferential option for the poor “asks us to define what law and public policy would look like if consideration for the poor was at the heart of our conception of the common good.” Inquiries of this kind are useful and necessary—to a point. They also can become counter-productive. The issue of immigration, which we discuss here to illustrate our larger point about the general appropriateness of claiming that a specific policy prescription is demanded by the preferential option for the poor, presents the complications of the matter in particularly stark …
Legal Services Support Centers And Rebellious Advocacy: A Case Study Of The Immigrant Legal Resource Center, Bill Ong Hing
Legal Services Support Centers And Rebellious Advocacy: A Case Study Of The Immigrant Legal Resource Center, Bill Ong Hing
Bill Ong Hing
Public interest lawyers and clinical law faculty are quite familiar with the strategies of rebellious or collaborative lawyering set forth forcefully by scholars such as Gerald López, Lucie White, and most recently Ascanio Piomelli. Some of the principles include educating clients and communities to support resistance; opening ourselves to being educated by clients, communities, and allies; respecting and not subordinating our clients; collaborating with clients and allies; recognizing that collaborative advocacy can lead to extremely challenging battles; and understanding that the rebellious style involves integrating and navigating many worlds. These principles have been adopted by those aspiring to practice in …