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Articles 1 - 30 of 47
Full-Text Articles in Law
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law
Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law
Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Immigrants Benefit The Community And Economy, Jenny Minier
Immigrants Benefit The Community And Economy, Jenny Minier
Center for Equality and Social Justice Position Papers
Immigration has historically been a defining characteristic of the United States, and it remains one of the country’s most significant economic advantages. Deferred Action for Childhood Arrivals (DACA) was implemented by President Obama to grant temporary legal status to undocumented immigrants who were brought to the U.S. as children, as long as they are enrolled in school or working. Given President Trump’s recent comments about ending the DACA program, Congress must work on a policy solution that will allow the nearly 800,000 “Dreamers” currently enrolled in DACA to remain legally in the U.S. There are both moral and economic reasons …
Alternatives To Immigration Detention, Fatma E. Marouf
Alternatives To Immigration Detention, Fatma E. Marouf
Faculty Scholarship
The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.
Embracing Immigrants Is A Religious Imperative, Christopher R. Fee
Embracing Immigrants Is A Religious Imperative, Christopher R. Fee
English Faculty Publications
I’m an English professor, and in leftist intellectual circles it’s often considered somewhat unsophisticated and definitely uncool to argue in favor of traditional religious beliefs. However, as the clerk of a tiny Quaker Meeting in a farming community in rural Pennsylvania, I feel led to do so in the context of the debate about immigration. I would submit that Scripture is explicit in its requirement that we accept and embrace the immigrants in our midst, and note that Leviticus (19:34) makes no mention of legal status. (excerpt)
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Faculty Scholarship
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies
The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins
Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins
Faculty Scholarship
This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal constitutional and administrative rules that regulate government action. There is some truth to that description. But the historical sources examined in this Article demonstrate that in at least one important respect, citizenship and immigration have long been similar to other fields of law that are primarily implemented by agencies: officials operating …
Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe
Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe
Law Faculty Scholarship
[Excerpt] “Historically, liberals have tended to hold more expansive understandings of the scope of federal power. Conservatives, on the other hand, have tended to embrace stronger theories of federalism -- the term we use to describe the reservation of government power to state and local governments under the Constitution.”
Written Testimony Of Gerald S. Dickinson For The U.S. Senate Hearing On Fencing Along The Southwest Border (Senate Committee On Homeland Security And Governmental Affairs), Gerald S. Dickinson
Written Testimony Of Gerald S. Dickinson For The U.S. Senate Hearing On Fencing Along The Southwest Border (Senate Committee On Homeland Security And Governmental Affairs), Gerald S. Dickinson
Testimony
It is with great pleasure that I submit this written testimony at the request of the Office of the Ranking Member, Senator McCaskill. I am pleased that the Homeland Security and Governmental Affairs Committee is devoting its April 4, 2017 hearing to an examination of efforts to secure the southwest border through the construction of a wall. Further, as a law professor who writes and teaches in the areas of constitutional property and land use, I take great interest in the committee's focus on the legal authorities related to the wall construction along the U.S.-Mexico border.
Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan
Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan
Life of the Law School (1993- )
No abstract provided.
Newsroom: Nyt's Kristof To Address Rwu On Refugees 04-04-2017, Roger Williams University School Of Law
Newsroom: Nyt's Kristof To Address Rwu On Refugees 04-04-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies
Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Upholding The Revised Refugee Executive Order: A Virginia District Court ClariEs The Establishment Clause Issues, Peter Margulies
Upholding The Revised Refugee Executive Order: A Virginia District Court ClariEs The Establishment Clause Issues, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies
The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law
Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies
The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School Of Law
Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies
The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison
Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison
Faculty Scholarship
Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies. On one side are federal prosecutors with the Department of Justice or Immigration and Customs Enforcement--who seek to criminally prosecute or deport the workers and treat the workers as defendants. On the other side are agencies like the U.S. Equal Employment Opportunity Commission, the Department of Labor, and U.S. Citizenship and Immigration Services who have determined the workers are victims of workplace exploitation and deserve protection. This mixed message—protection from one federal agency and prosecution by another—is contrary to Congressional intent and undermines the enforcement of …
Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law
Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies
The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies
Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies
Law Faculty Scholarship
No abstract provided.