Law Commons^™

Aligned Incentives: Envisioning Syzygy, Karl T. Muth

Karl T Muth

In the wake of the failure of AIG, this paper deals with the question of whether incentive alignment is truly the problem with contemporary insurance products (as many in the media and the economics community have alleged) by examining two hypothetical types of insurance where incentives are extraordinarily well-aligned.

Car Stops, Borders, And Profiling: The Hunt For Undocumented (Illegal?) Immigrants In Border Towns, Brian Gallini, Elizabeth Young

Brian Gallini

Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros

Maria L. Ontiveros

This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration …

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …

Conflicting Signals: Understanding Us Immigration Reform Through The Evolution Of Us Immigration Law, Jill Family

Jill E. Family

Becoming An Immigration Lawyer, Jill Family

Jill E. Family

Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris

Danyahel Norris

...The singular goal of all Cuban baseball defectors is to sign a lucrative contract to the highest bidder... It is a matter of some loose interpretation regarding how to treat a foreign player. This lack of clarity allows for a “loophole” so that Cuban baseball defectors can avoid the Rule 4 draft and become a free agent. The draft only applies to players from the United States ... If a player came from Cuba, or some other country not listed in Rule 4, then that player would not be subject to the draft. Usually, one can only achieve free-agent status …

Pro Bono In Action: An Immigrant's Need For Representation, Jill E. Family

Jill E. Family

U.S. Immigration Law: Where Antiquated Views On Gender And Sexual Orientation Go To Die, Marisa S. Cianciarulo

Marisa S. Cianciarulo

This Essay examines the paradoxical approaches to gender and sexual orientation bias within the U.S. immigration system. On the one hand, the immigration system has managed to convey benefits to same-sex partners despite federal law prohibiting the recognition of same-sex unions for immigration purposes. Immigration law also provides benefits for victims of crimes disproportionately committed against women, such as human trafficking and domestic violence, although the systems in place for adjudicating these benefits are flawed. On the other hand, immigration law favors antiquated notions of gender roles that disadvantage U.S. citizen men and their children, and has failed to recognize …

The Development Of Gender Within The Particular Social Group Definition Under The United Nations Refugee Convention And United States Immigration Law: Case Studies Of Female Asylum Seekers From Cameroon, Eritrea, Iraq And Somalia, T S. Twibell

Ty Twibell

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …

Strangers In A Strange Land: The Importance Of Better Compliance With The Consular Notification Rights, Cindy G. Buys, Scott D. Pollock, Ioana Navarrete

Cindy G. Buys

The right of a foreign national to contact his or her consulate upon arrest or detention in another country has been described as a fundamental and indispensible human right. Yet United States authorities have repeatedly failed to provide foreign nationals and their consulates with notice as required by law. This failure is evidenced by the explosion in litigation of consular notification rights in recent years.

This article explores some of the most interesting legal questions that are being raised in the area of consular notification rights. Drawing on the experiences and perspectives of three attorneys, member of the consular staff …