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Illegal Immigration And The Southwest Border District Courts, Thomas J. Bak
Illegal Immigration And The Southwest Border District Courts, Thomas J. Bak
Thomas J. Bak
Abstract This paper examines the increase in immigration filings in federal district courts in the southwest United States during the period from 1993 through 2005, a time when the Border Patrol and U.S. Attorneys in southern California, Arizona, New Mexico, and Texas stepped up enforcement of U.S. immigration laws. It follows the shift in the tide of immigration cases from the Southern District of California (CA,S), eastward, as successive initiatives in different Border Patrol sectors continually diverted the flow of illegal immigrants. A mathematical model is used to show the strong correlation between immigration case filings and Border Patrol staffing, …
Rejecting The Touchstone: Complete Preemption And Congressional Intent After Beneficial National Bank V. Anderson, Margaret C. Tarkington
Rejecting The Touchstone: Complete Preemption And Congressional Intent After Beneficial National Bank V. Anderson, Margaret C. Tarkington
Margaret C Tarkington
The paper examines the doctrine of complete preemption—a jurisdictional doctrine that allows for removal based on a federal preemption defense contrary to the well-pleaded complaint rule. The doctrine was expanded by the Supreme Court in 2003 in Beneficial National Bank v. Anderson. This paper explores efficiency, separation of powers, and federalism problems created by Anderson, both generally and in the context of a specific statutory scheme—the Carmack Amendment. The paper then offers a new framework, relying on congressional intent to create federal removal jurisdiction, for determining when complete preemption should apply.