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Articles 1 - 19 of 19
Full-Text Articles in Law
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer
Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer
Daniel Kanstroom
No abstract provided.
The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom
The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom
Daniel Kanstroom
This article considers the problems raised by a federal law--the “REAL ID Act”--that seeks to preclude judicial review of discretionary immigration law decisions. Discretion, the flexible shock absorber of the administrative state, must be respected by our legal system. However, as Justice Felix Frankfurter once wrote, discretion is, “only to be respected when it is conscious of the traditions which surround it and of the limits which an informed conscience sets to its exercise.” The article suggests that judicial construction of the REAL ID Act will plumb the deep meaning of this qualification. The new law states, essentially, that constitutional …
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11th, Daniel Kanstroom
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11th, Daniel Kanstroom
Daniel Kanstroom
In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …
The Shining City And The Fortress: Reflections On The “Euro-Solution” To The German Immigration Dilemma, Daniel Kanstroom
The Shining City And The Fortress: Reflections On The “Euro-Solution” To The German Immigration Dilemma, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Daniel Kanstroom
In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Daniel Kanstroom
The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, And The Rule Of Law, Daniel Kanstroom
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, And The Rule Of Law, Daniel Kanstroom
Daniel Kanstroom
The United States is still in the midst of a massive deportation experiment that is exceptionally sweeping and harsh by virtually any historical or comparative measure. In the last twenty-five years, the number of non-citizen deportations has exceeded 25 million. It is therefore important to think critically about how deportation is really working, especially as to many hundreds of thousands of green-card holders. These individuals have grown up, been fully acculturated, attended school, and raised families in the United States. Upon deportation, they are separated from their families and sent to places where they frequently have few acquaintances, do not …
The Right To Deportation Counsel In Padilla V. Kentucky: The Challenging Construction Of The Fifth-And-A-Half Amendment, Daniel Kanstroom
The Right To Deportation Counsel In Padilla V. Kentucky: The Challenging Construction Of The Fifth-And-A-Half Amendment, Daniel Kanstroom
Daniel Kanstroom
The U.S. Supreme Court’s pathbreaking decision in Padilla v. Kentucky seems reasonably simple and exact: Sixth Amendment norms were applied to noncitizen Jose Padilla’s claim that his criminal defense counsel was ineffective due to allegedly incorrect advice concerning the risk of deportation. This was a very significant move with virtues of both logic and justice. It will likely prevent many avoidable and wrongful deportations. It may also help some deportees who have been wrongly or unjustly deported in the past. However, the apparent exactness of the case, as a Sixth Amendment decision, raises fundamental constitutional questions. For more than a …
Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom
Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom
Daniel Kanstroom
Recent statutory changes to United States immigration law have resulted in a large increase in the number, of lawful permanent resident noncitizens who are deported because of prior criminal conduct. Now, deportation is often a virtually automatic consequence of conviction for an increasingly minor array of crimes including possessory drug offenses and shoplifting. Under current statutory law, permanent resident noncitizens may be deported for crimes that were not grounds for deportation when they were committed and there may be no possibility of mercy or humanitarian relief. This Dialogue explores arguments for and against this system. Specifically, it examines the idea, …
Padilla V. Kentucky And The Evolving Right To Deportation Counsel: Watershed Or Work-In-Progress?, Daniel Kanstroom
Padilla V. Kentucky And The Evolving Right To Deportation Counsel: Watershed Or Work-In-Progress?, Daniel Kanstroom
Daniel Kanstroom
Though widely heralded by immigration and human rights lawyers as a “landmark,” possible “watershed,” and even “Gideon decision” for immigrants, Padilla v. Kentucky is perhaps better understood as a Rorschach test, than as a clear constitutional precedent. It is surely a very interesting and important U.S. Supreme Court case in the (rapidly converging) fields of immigration and criminal law in which the Court struggles with the functional relationship between ostensibly “civil” deportation proceedings and criminal convictions. This is a gratifying development, for reasons not only of justice, fairness, proportionality, and basic human decency, but also (perhaps) of doctrinal consistency. The …
Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom
Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom
Daniel Kanstroom
From the Author’s Introduction: We live in a time of unusual vigor, efficiency, and strictness in the deportation of long-term permanent resident aliens convicted of crimes. This situation is the result of some fifteen years of relatively sustained attention to this issue, which culminated in two exceptionally harsh laws: the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In many cases, these laws have brought about a rather complete convergence between the criminal justice and deportation systems. Deportation is now often a virtually automatic consequence of criminal …
America Goes Global, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom
St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom
Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom
Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom
Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom
Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.