Law Commons^™

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

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

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

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

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

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

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

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

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

Indiana Journal of Global Legal Studies

No abstract provided.

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

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

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

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

Indiana Journal of Global Legal Studies

No abstract provided.

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

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

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.

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

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 …

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.

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 …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

TABLE OF CONTENTS

I. AID TO FOREIGN TRIBUNALS

II. TRADE

III.TREATIES

IV. IMMIGRATION

A Response To "Nannygate": Untangling U.S. Immigration Law To Enable American Parents To Hire Foreign Child Care Providers, Kathleen A. Delaney

Indiana Law Journal

No abstract provided.

Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith

St. Mary's Law Journal

Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …

Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee

Cleveland State Law Review

Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.

Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro

St. Mary's Law Journal

Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …

Self-Publication: Defamation Within The Employment Context., Howard J. Siegel

St. Mary's Law Journal

This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …