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Articles 1 - 30 of 87
Full-Text Articles in Law
The Real Id Act And The Negative Impact On Latino Immigrants., Arianna Garcia
The Real Id Act And The Negative Impact On Latino Immigrants., Arianna Garcia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Special Project: Current Issues In Immigration, Anna Byrne
Special Project: Current Issues In Immigration, Anna Byrne
Vanderbilt Law Review
These words, so famously engraved upon a plaque inside the Statue of Liberty, have become an anachronism in modern American politics. In recent years our society has witnessed a maelstrom arise concerning immigration law and enforcement, with vocal factions spouting angry vitriol about the need to tighten borders and crack down on illegal immigration. Intense debate was sparked 2006 after the House of Representatives passed a restrictive bill that called for a wall to be built along 700 miles of the U.S.-Mexican border, criminalized the aiding or encouraging of illegal immigrants to remain in the country, and imposed new penalties …
What Is Extreme Cruelty? Judicial Review Of Deportation Cancellation Decisions For Victims Of Domestic Abuse, Anna Byrne
What Is Extreme Cruelty? Judicial Review Of Deportation Cancellation Decisions For Victims Of Domestic Abuse, Anna Byrne
Vanderbilt Law Review
In the 1990s, Congress began to devote increased attention to the problem of domestic violence, a rampant national problem with social and economic costs. At the same time, concerns about immigrants draining the social welfare service system and taking jobs away from U.S. citizens gave rise to an interest in more stringently monitoring and eradicating the illegal alien population in the United States. As part of the 1994 Violence Against Women Act ("VAWA"), Congress passed the battered spouse provision, attempting to reconcile its desires to address domestic violence and tighten immigration laws. Illegal immigrants are subject to removal procedures. However, …
An Administrative "Death Sentence" For Asylum Seekers: Deprivation Of Due Process Under 8 U.S.C. § 1158(D)(6)'S Frivolousness Standard, E. Lea Johnston
An Administrative "Death Sentence" For Asylum Seekers: Deprivation Of Due Process Under 8 U.S.C. § 1158(D)(6)'S Frivolousness Standard, E. Lea Johnston
Washington Law Review
In 1996, Congress amended the Immigration and Nationality Act by providing a new sanction for asylum seekers: if an immigration judge makes a finding that a noncitizen has knowingly filed a fraudulent asylum application, then that person is permanently ineligible for immigration benefits. For eleven years, immigration judges, the Board of Immigration Appeals, and federal courts have imposed and reviewed this sanction without specifying a burden of proof. When it did act to fill the statutory gap in April 2007, the Board held that the government must prove the elements of the statute by a preponderance of the evidence. This …
Barring Too Much: An Argument In Favor Of Interpreting The Immigration And Nationality Act Section 101(A)(42) To Include A Duress Exception, Nicole Lerescu
Barring Too Much: An Argument In Favor Of Interpreting The Immigration And Nationality Act Section 101(A)(42) To Include A Duress Exception, Nicole Lerescu
Vanderbilt Law Review
The asylum system is in disarray. The United States is unable to guarantee that every asylum seeker will receive a fair and impartial hearing. Although media attention recently has focused on the asylum system's procedural flaws, unjust statutory interpretations also work against those seeking refuge in the United States. This Note focuses on one particular example within this commonly criticized area of the law: the prevailing interpretation of section 101(a)(42) of the Immigration and Nationality Act to bar those who have persecuted others under duress from attaining refugee status.
It is intuitively appealing that a system of laws should hold …
Expedited Injustice: The Problems Regarding The Current Law Of Expedited Removal Of Aggravated Felons, Andrew D. Kennedy
Expedited Injustice: The Problems Regarding The Current Law Of Expedited Removal Of Aggravated Felons, Andrew D. Kennedy
Vanderbilt Law Review
Following the attacks of September 11, 2001, he and his family, like many Americans of the Islamic faith, felt persecuted by their neighbors, despite having had nothing to do with the terrorist attacks on the World Trade Center and the Pentagon.' Mr. Rashid felt intimidated by people following him and calling his home to accuse him of complicity in the September 11 attacks. After weeks of harassment, Mr. Rashid's family contacted the police. Unfortunately for Mr. Rashid, however, he shared a name with a suspected terrorist. Thus, instead of addressing Rashid's concerns, the U.S. government began to suspect him as …
Persecution Based On Persecution: How Gao V. Gonzales Broadens The Interpretation Of Asylum, David Baxter
Persecution Based On Persecution: How Gao V. Gonzales Broadens The Interpretation Of Asylum, David Baxter
North Carolina Central Law Review
No abstract provided.
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
William & Mary Journal of Race, Gender, and Social Justice
This note addresses the significance of Gao v. Gonzales through the analysis of the development of asylum gender laws in the United States. The analysis includes a brief history of asylum law in the United States and the issues the courts have addressed concerning gender and asylum law. The note concludes with an analysis of the Gao decision and the potential consequences of the decision.
Driving Too Fast: Spitzer's Failed Experiment At Immigration Reformation, Katherine Liebner
Driving Too Fast: Spitzer's Failed Experiment At Immigration Reformation, Katherine Liebner
Buffalo Public Interest Law Journal
No abstract provided.
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
International Commerce And Undocumented Workers: Using Trade To Secure Labor Rights, Laura Jakubowski
International Commerce And Undocumented Workers: Using Trade To Secure Labor Rights, Laura Jakubowski
Indiana Journal of Global Legal Studies
This article explores the rights of illegal immigrants and undocumented workers throughout the world. International treaties have attempted to deal with the rights of undocumented workers, but few countries have been willing to sign on to the treaties. This article argues that undocumented workers should have more expansive rights, and that international trade agreements and institutions should be used where human rights and domestic solutions have failed to guarantee the rights of the most vulnerable workers.
The Less Than Fair Employment Practice Of An English-Only Rule In The Workplace, L. Darnell Weeden
The Less Than Fair Employment Practice Of An English-Only Rule In The Workplace, L. Darnell Weeden
Nevada Law Journal
No abstract provided.
Be Careful What You Ask For: Educación Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryuijin, Nicol Razón, Thanhtung Thantrong, X. Yvette Gónzalez
Be Careful What You Ask For: Educación Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryuijin, Nicol Razón, Thanhtung Thantrong, X. Yvette Gónzalez
Nevada Law Journal
No abstract provided.
Immigration And Language Rights: The Evolution Of Private Racist Attitudes Into American Public Law And Policy, Lupe S. Salinas
Immigration And Language Rights: The Evolution Of Private Racist Attitudes Into American Public Law And Policy, Lupe S. Salinas
Nevada Law Journal
No abstract provided.
The Race Question In Latcrit Theory And Asian American Jurisprudence, Robert S. Chang, Neil Gotanda
The Race Question In Latcrit Theory And Asian American Jurisprudence, Robert S. Chang, Neil Gotanda
Nevada Law Journal
No abstract provided.
Introduction: The Subordination And Anti-Subordination Story Of The U.S. Immigrant Experience In The 21st Century, Raquel E. Aldana
Introduction: The Subordination And Anti-Subordination Story Of The U.S. Immigrant Experience In The 21st Century, Raquel E. Aldana
Nevada Law Journal
No abstract provided.
Bearing Witness To Economic Injustices Of Undocumented Immigrant Families: A New Class Of "Undeserving" Poor, Francine J. Lipman
Bearing Witness To Economic Injustices Of Undocumented Immigrant Families: A New Class Of "Undeserving" Poor, Francine J. Lipman
Nevada Law Journal
No abstract provided.
Introduction: Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender
Introduction: Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender
Nevada Law Journal
No abstract provided.
Emerging Latina/O Nation And Anti-Immigrant Backlash, Sylvia R. Lazos
Emerging Latina/O Nation And Anti-Immigrant Backlash, Sylvia R. Lazos
Nevada Law Journal
No abstract provided.
"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell
"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell
Nevada Law Journal
No abstract provided.
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa Silenzi Cianciarulo
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa Silenzi Cianciarulo
Nevada Law Journal
No abstract provided.
Silenced Struggles: The Experiences Of Latina And Latino Undocumented College Students In California, Lindsay Perez Huber, Maria C. Malagon
Silenced Struggles: The Experiences Of Latina And Latino Undocumented College Students In California, Lindsay Perez Huber, Maria C. Malagon
Nevada Law Journal
No abstract provided.
The Immigrant Rights Marches (Las Marchas): Did The "Gigante" (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos
The Immigrant Rights Marches (Las Marchas): Did The "Gigante" (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos
Nevada Law Journal
No abstract provided.
The Democratic Right To Full Bilingual Education, Thomas Kleven
The Democratic Right To Full Bilingual Education, Thomas Kleven
Nevada Law Journal
No abstract provided.
The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes
The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes
Nevada Law Journal
No abstract provided.
Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed
Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed
Washington and Lee Law Review
No abstract provided.
Give Me Your Tired, Your Poor, And Your Country Shoppers: Reevaluating The Firm Resettlement Requirement In U.S. Asylum Law After Maharaj V. Gonzales, Sarah Lynne Campbell
Give Me Your Tired, Your Poor, And Your Country Shoppers: Reevaluating The Firm Resettlement Requirement In U.S. Asylum Law After Maharaj V. Gonzales, Sarah Lynne Campbell
Brigham Young University Journal of Public Law
No abstract provided.
Lopez V. Gonzales: A Window On The Shortcomings Of The Federal Appellate Process, Brent E. Newton
Lopez V. Gonzales: A Window On The Shortcomings Of The Federal Appellate Process, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
On The Continued Need For H-1b Reform: A Partial, Statutory Suggestion To Protect Foreign And U.S. Workers, Todd H. Goodsell
On The Continued Need For H-1b Reform: A Partial, Statutory Suggestion To Protect Foreign And U.S. Workers, Todd H. Goodsell
Brigham Young University Journal of Public Law
No abstract provided.
Temporary Protected Status: An Immigration Statute That Redefines Traditional Notions Of Status And Temporariness, Eva Segerblom
Temporary Protected Status: An Immigration Statute That Redefines Traditional Notions Of Status And Temporariness, Eva Segerblom
Nevada Law Journal
No abstract provided.