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Articles 31 - 60 of 102
Full-Text Articles in Law
Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty
Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty
UNH Sports Law Review
No abstract provided.
Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi
Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi
UNH Sports Law Review
No abstract provided.
Table Of Contents, Editorial Board
Masthead, Editorial Board
Immigration And Naturalization, Kevin J. Fandl, Betina Schlossberg, Stewart Chang Chang, Sabrina Damast, Anju Gupta, Pooja Mehta, Samantha Rumsey
Immigration And Naturalization, Kevin J. Fandl, Betina Schlossberg, Stewart Chang Chang, Sabrina Damast, Anju Gupta, Pooja Mehta, Samantha Rumsey
The Year in Review
No abstract provided.
Asylum-Seekers Are Not Bananas Either: Limitations On Transferring Asylum-Seekers To Third Countries, Tally Kritzman-Amir
Asylum-Seekers Are Not Bananas Either: Limitations On Transferring Asylum-Seekers To Third Countries, Tally Kritzman-Amir
Michigan Journal of International Law
Despite the similarities between the movement of people and the movement of goods, many developed nations have maintained high barriers to migration even as barriers to trade have fallen sharply. However, as Jennifer Gordon points out, both bilateral and multilateral treaties governing migration have proliferated within this weaker global patchwork of regulation. For example, the ability of developed states to gain concessions on other matters such as trade or investment has led to the proliferation multilateral agreements, while bilateral agreements have arisen due to a desire to refrain from integrating migrant workers in destination states.
This paper focuses on a …
The Suspension Clause After Department Of Homeland Security V. Thuraissigiam, Jonathan Hafetz
The Suspension Clause After Department Of Homeland Security V. Thuraissigiam, Jonathan Hafetz
St. John's Law Review
(Excerpt)
In June 2020, in Department of Homeland Security v. Thuraissigiam, the Supreme Court of the United States rejected a constitutional challenge to Congress’s decision to eliminate habeas corpus jurisdiction over legal challenges to expedited removal orders by noncitizens in federal detention.
In Thuraissigiam, U.S. border patrol stopped the petitioner, Vijayakumar Thuraissigiam, a Sri Lankan national of Tamil ethnicity, shortly after he crossed the U.S.-Mexico border without inspection or an entry document. The petitioner asserted that he was fleeing persecution in his home country and sought asylum in the United States. The asylum officer concluded that Thuraissigiam had …
Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan
Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan
Maine Law Review
The myth that asylum laws were once more equitable and humanitarian is belied by the reality of the system’s racist origins. This Essay explains that the U.S. asylum system, like much of the U.S. immigration system, was designed to disadvantage people of color. Indeed, although former President Trump’s reference to Haiti, El Salvador, and African nations as “shithole countries” while advocating for immigration from “countries like Norway” exacerbated systemic challenges, racism has been deeply ingrained in the U.S. asylum system since its inception. Not only do U.S. laws and policies have a disparate impact on black asylum seekers but, when …
Judgments V Reasons In Federal Court Refugee Claim Judicial Reviews: A Bad Precedent, Sean Rehaag, Pierre-André Thériault
Judgments V Reasons In Federal Court Refugee Claim Judicial Reviews: A Bad Precedent, Sean Rehaag, Pierre-André Thériault
Dalhousie Law Journal
This article offers an empirical examination of policies on the publication of refugee law decisions in Canada’s Federal Court. In 2015, the Court issued a notice describing the Court’s general practice of publishing written reasons in cases that the deciding judge considers as having precedential value and of issuing unpublished judgments in cases that the deciding judge does not view as precedential. In 2018, the Court reversed course and issued a new notice. This time, the Court indicated that all final decisions on the merits will be published.
Drawing on data obtained via automated data scraping processes from thousands of …
Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting
Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting
Dalhousie Law Journal
This article considers the current Canadian regime for citizenship by descent and what is known as the “first-generation limitation.” In 2009, Parliament legislated to limit the transmission of citizenship by descent. Known as the “first-generation limitation,” the new rules mean that a Canadian parent is only entitled to pass on their citizenship to their children born abroad if the parent themselves became a citizen by birth inside Canada or by naturalization. In other words, if an individual acquired Canadian citizenship by descent, they are not entitled to pass on their citizenship to their children unless those children are born in …
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Nevada Law Journal
No abstract provided.
Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla
Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla
Nevada Law Journal
No abstract provided.
Renewing The Vagueness Challenge To Crimes Involving Moral Turpitude, Melissa London
Renewing The Vagueness Challenge To Crimes Involving Moral Turpitude, Melissa London
Washington Law Review
Noncitizens who have been convicted of a “crime involving moral turpitude” (CIMT) under the Immigration and Nationality Act (INA) can be deported. However, the INA fails to provide a definition for “moral turpitude” or a list of crimes that necessarily involve “moral turpitude.” As a result, judges are given wide discretion to decide when a crime is morally reprehensible enough to render a noncitizen deportable. This moral determination in the CIMT analysis has led to disparate results among the lower courts, which deprives noncitizens of meaningful notice of what conduct could render them deportable. In 1951, the Supreme Court held …
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
St. Mary's Law Journal
Abstract forthcoming.
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
University of Miami Inter-American Law Review
For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.
Immigration And Naturalization, Nicole Hallett, Christina J. Martin, Sabrina Damast, Amelia Steadman Mcgowan, Christopher N. Lasch
Immigration And Naturalization, Nicole Hallett, Christina J. Martin, Sabrina Damast, Amelia Steadman Mcgowan, Christopher N. Lasch
The Year in Review
No abstract provided.
Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez
Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez
Notre Dame Law Review
Federal courts of appeals have declared that they may dismiss immigration appeals filed by noncitizens who are deemed “fugitives.” The fugitive disentitlement doctrine emerged in the criminal context with respect to defendants who had escaped from physical custody. Although the doctrine originated out of concerns that court orders could not be enforced against criminal fugitives, the doctrine has since crept into civil contexts, including immigration. But rather than invoking the doctrine for its originally intended purpose of ensuring that court orders could be enforced, courts now primarily invoke it for the purposes of punishment, deterrence, and protecting the dignity of …
Brignoni-Ponce And The Establishment Of Race-Based Immigration Enforcement, Isabel Skilton
Brignoni-Ponce And The Establishment Of Race-Based Immigration Enforcement, Isabel Skilton
Washington International Law Journal
United States v. Brignoni-Ponce solidified the racist enforcement of United States immigration laws by allowing “Mexican appearance” to be a factor forming reasonable suspicion in a roving patrol. The United States Supreme Court rationalized race-based immigration enforcement by relying on erroneous immigration demographics and a misconstrued notion of serving the public interest. This comment demonstrates that the rationales provided by the Supreme Court are illogical, discriminatory, and harmful to communities of color. This comment analyzes the impacts of race-based discrimination and provides alternatives which may cabin the impact of Brignoni-Ponce. Aside from overruling Brignoni-Ponce in its entirety, a probable cause …
Immigration Law, Bianca N. Dibella, Hannah Couch
Immigration Law, Bianca N. Dibella, Hannah Couch
Mercer Law Review
This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2021, through December 31, 2021, in which immigration law was a central focus of the case. The Article begins with a discussion of asylum relief, followed by summaries of cases disposed on procedural or jurisdictional grounds. It then discusses the standard of review the Eleventh Circuit applies to cases decided by the Board of Immigration Appeals (BIA) and the Immigration Court. It then describes the Eleventh Circuit’s recent jurisprudence around issues of habeas corpus law.
Limited Protection: The Impact Of Illegal Entry On Due Process Rights In Expedited Removal Proceedings, Sun Shen
William & Mary Bill of Rights Journal
[...] This Note argues that illegal entry often limits the scope of asylum seekers’ due process rights in court and negatively impacts the asylum process in a way that runs afoul with the spirit of due process and fairness. Asylum eligibility should not hinge on whether entry is legal, but whether applicants are able to meet the evidentiary burden. Conditioning asylum seekers’ procedural due process rights on the legality of entry creates arbitrary asylum results and carries high risks of sending back asylum seekers to danger, simply because they were not able to obtain valid travel documents from the governments …
Supply And Demand In The Illegal Employment Of Undocumented Workers, Brian Owsley
Supply And Demand In The Illegal Employment Of Undocumented Workers, Brian Owsley
Catholic University Law Review
The United States is in a quandary regarding immigration. There are over eleven million undocumented aliens residing in the country with about eight million of them working in the American economy.
The federal government has criminalized the illegal entry and the illegal reentry into the United States. Moreover, it has enacted a statute making it illegal to smuggle or harbor aliens. Federal prosecutors across the country have aggressively prosecuted people in violation of these statutes. At the same time, Congress criminalized the illegal employment of undocumented workers, but federal prosecutors rarely ever charge employers with violating this statute.
The economic …
Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez
Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez
Catholic University Law Review
The Supreme Court of the United States in DHS v. Regents on June 18, 2020, decided to stall the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) policy that the Obama administration created contrary to the Administrative Procedures Act (APA)––even though in 2016 the Supreme Court affirmed a preliminary injunction on the Deferred Action for Parents of Americans (DAPA) policy, which mirrors DACA. This blunder offhandedly sacrifices the Supreme Court’s reputation as nonpartisan by enlisting itself as the future arbiter of administrative issues with self-evident resolutions and deciding contrary to those resolutions to endorse a political agenda. …
The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson
The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson
The Scholar: St. Mary's Law Review on Race and Social Justice
Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …
No Refuge For The Sick: How The Eu's Health-Based Non-Refoulement Standard Compounds The Exclusionary Nature Of International Refugee Law, Cassandra Baker
No Refuge For The Sick: How The Eu's Health-Based Non-Refoulement Standard Compounds The Exclusionary Nature Of International Refugee Law, Cassandra Baker
Washington International Law Journal
The COVID-19 pandemic poses grave threats to the life and health of asylum seekers in Europe. Many potential asylees are forced to reside in cramped, unsanitary facilities and do not have adequate access to medical treatment. On top of these dangers, many are likely to be denied asylum due to the stringency of international refugee law and European Union (“EU”) asylum procedures. As a result, a number of these asylum seekers will turn to Article 3 of the European Convention on Human Rights, which provides broader non-refoulement protections. However, even Article 3, as currently interpreted by the European Court of …
Refoulement As Pandemic Policy, Haiyun Damon-Feng
Refoulement As Pandemic Policy, Haiyun Damon-Feng
Washington International Law Journal
COVID-19 restrictions on access to asylum likely violate non-refoulement obligations under international and federal law, and while they are extreme, they are not unique. There is a small but growing body of scholarly literature that rightly argues that such policies are pretextual covers used to enact restrictive immigration policy goals, but these arguments generally arise from an ahistorical perspective. This article positions restrictive COVID immigration policies in a broader historical context and argues that the United States has a long history of weaponizing fear of disease and contagion from migrants to justify restrictive immigration policies. The article offers a historical …
Rejecting Citizenship, Rose Cuison-Villazor
Rejecting Citizenship, Rose Cuison-Villazor
Michigan Law Review
A Review of Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen.
Public Charge Grounds For Inadmissibility: Impact On Noncitizen Health Insurance Coverage, Madeline M. Culbreth
Public Charge Grounds For Inadmissibility: Impact On Noncitizen Health Insurance Coverage, Madeline M. Culbreth
Richmond Public Interest Law Review
The public charge rule is an ongoing barrier to health insurance for lawfully
present immigrants and ought to be removed. Healthcare coverage for
immigrants is a critical aspect of the country’s health care scheme. Recent
changes to the United States’ immigration policy are contributing to growing
fears among immigrant families about participating in Medicaid and CHIP.
The most effective solution is to permanently alter the Immigration and Nationality
Act. Congress should expressly exclude health insurance from being
considered in the public charge grounds for inadmissibility.
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
Immigration and Human Rights Law Review
Immigrants have long seen the southern border of the United States as the last stop before they are able to enter the land of the free. The Department of Homeland Security, however, strives to make the southern border as inhospitable as possible to those hoping to cross. The Migrant Protect Protocols is the latest attempt from Washington to block access to the United States to immigrants who are detained by forcibly returning them to Mexico to await their deportation proceedings. While Americans have read stories of families being torn apart at the border or listened to interviews of politicians promising …
Taking Arlington To New Heights: The Carrillo-Lopez Decision, Caroline Henneman
Taking Arlington To New Heights: The Carrillo-Lopez Decision, Caroline Henneman
Immigration and Human Rights Law Review
Former President Trump campaigned on a promise to build a wall between the United States and Mexico. Though President Trump did not fulfill this promise, he highlighted the amount of unchecked power his administration had over immigration law through policy enactments. Throughout the centuries, various Presidents and sessions of Congress utilized this unbridled power to discriminate against migrants on the basis of race. In 1952, Congress enacted the Immigration and Nationality Act, which repealed several explicitly racist requirements but overlooked other racially charged laws from prior statutes, such as criminally punishing unlawful re-entry found in 8 U.S.C. §1326. On August …
Immigration And Naturalization, Kevin J. Fandl, Sabrina Damast, Mayra C. Artiles, Poorvi Chothani, Cliodhna Murphy
Immigration And Naturalization, Kevin J. Fandl, Sabrina Damast, Mayra C. Artiles, Poorvi Chothani, Cliodhna Murphy
The Year in Review
No abstract provided.