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Articles 1 - 7 of 7
Full-Text Articles in Law
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Law & Economics Working Papers
In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …
Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson
Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson
Honors Theses
Throughout its turbulent history, Colombia has seen drastic changes in structure and administration. From military coups to shaky coalitions, the country’s infamous instability has long forced its citizens to find better prospects elsewhere. However, with the rise of the Maduro administration in Venezuela, Colombia faced a massive new flow of migrants and was forced to rectify current circumstances without properly addressing its internal issues beforehand. Despite its historical status as a nation of emigrants, Colombia marks a new norm for the rest of the globe. As new issues like climate change and increased armed conflict grow worldwide, countries on the …
The Rise And Fall Of Daca: An Audio Series, Dulce Garcia
The Rise And Fall Of Daca: An Audio Series, Dulce Garcia
Honors Theses
The history of Deferred Action for Childhood Arrivals, commonly known as DACA, is a tumultuous one. In 2012, when President Obama created DACA through an executive order it gave relief to hundreds of thousands of people who were brought to the United States as children without their knowledge, giving them a range of benefits like never before including a work permit, a social security number, protection from deportation, and others. Yet, these last ten years the program has stood on shaky grounds with constant court battles canceling, reinstating or partially rolling the program. This audio series will give a deep …
The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales
The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales
CMC Senior Theses
Thousands of migrants have died at the United States/Mexico border. This paper analyzes how the current crisis at the border came to be, specifically focusing on the experiences of Mexican migrant women. An analysis of race, racial scripts, and illegality shows how these inform immigration policies and negatively impact migrants. Decades worth of draconian immigration policies have militarized the border and continued to reinforce negative racial scripts of migrants. By centering the testimonies of Mexican migrant women, their structured vulnerabilities come to the forefront as a direct result of immigration policies. Reform of the immigration system needs to occur to …
¿Por Qué No Vale La Pena Salvarnos? Experiencias De Mujeres Inmigrantes Latinoamericanas Con Políticas De Inmigración Post-9/11 Y Solicitantes De Asilo En Los Estados Unidos, Kaye Romans
Undergraduate Honors Theses
Esta tesis aborda la Crimmigration—la convergencia de las políticas criminales y la ley de inmigración—en un mundo post-9/11 en lo que se refiere a las mujeres inmigrantes latinoamericanas que buscan asilo en los Estados Unidos. Utilizando la jurisprudencia, la legislación y la erudición legal, sitúo estas políticas en el contexto más amplio de la ley de inmigración tanto a nivel nacional como internacional, centrándome en la legislación y políticas claves posteriores al 9/11 tales como la Operation Streamline, la Operation Liberty Shield y el Title 42, así como la jurisprudencia clave posterior al 9/11 que trata con las mujeres latinoamericanas …
Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker
Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker
Articles
Motivated in part by Congress’s failure to legislate, presidents in recent years seem to have turned even more to the regulatory process to make major policy. It is perhaps no coincidence that the feld of administrative law has similarly seen a resurgence of scholarship extolling the virtues of democratic accountability in the modern administrative state. Some scholars have even argued that bureaucracy is as much as if not more democratically legitimate than Congress, either in the aggregative or deliberative sense, or both.
Why Are We Not Worth Saving? Latin American Immigrant Women's Experiences With Post-9/11 Crimmigration Policies And Asylum-Seeking In The United States, Kaye Romans
Undergraduate Honors Theses
This thesis discusses Crimmigration—the convergence of criminal policies and immigration law—in a post-9/11 world as it relates to Latin American Immigrant women seeking asylum in the United States. Utilizing case law, legislation, and legal scholarship, I situate these policies in the broader context of immigration law both nationally and internationally, focusing on key post-9/11 legislation and policies such as Operation Streamline, Operation Liberty Shield, and Title 42, as well as key post-9/11 case law dealing with Latin American women seeking asylum in the United States. With these foundational understandings, I provide possible solutions that would lessen the harms presented to …