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Full-Text Articles in Law
Book Review: Human Smuggling And Border Crossings, Rachel J. Wechsler
Book Review: Human Smuggling And Border Crossings, Rachel J. Wechsler
Faculty Publications
This is a review of Gabriella Sanchez's monograph, which challenges dominant narratives of human smugglers as violent members of organized criminal networks with qualitative research conducted with smuggling facilitators, their families, and those who utilized their services.
Fast-Track Sentencing: A Potential Solution To The Divisive Discretion, Elizabeth Weber
Fast-Track Sentencing: A Potential Solution To The Divisive Discretion, Elizabeth Weber
Missouri Law Review
This Summary examines the current federal sentencing regime, the establishment of fast-track programs, and the resulting circuit split regarding whether a judge can grant a defendant a more lenient sentence based on the lack of availability of a fast-track option in that jurisdiction. Further, it discusses more recent developments regarding the circuit split and how the new DOJ policy purports to resolve the issue. Finally, this Summary argues that while this change does solve the sentencing disparity problem, it conflicts with the congressional policy underlying the official sanction of fast-track programs.
Invisible Refugee: Examining The Board Of Immigration Appeals' Social Visibility Doctrine, The, Melissa J. Hernandez Pimentel
Invisible Refugee: Examining The Board Of Immigration Appeals' Social Visibility Doctrine, The, Melissa J. Hernandez Pimentel
Missouri Law Review
This Law Summary first focuses on the development of the various approaches by the U.S. immigration court system in defining the term particular social group. Second, it discusses the cryptic evolution of the social visibility doctrine. Finally, it will explore how the conflicting applications of the social visibility doctrine among the U.S. courts of appeals have resulted in potentially unpredictable outcomes for those seeking protection in the United States, and it will suggest that a clarification of the social visibility doctrine by either the BIA or Supreme Court would alleviate the conflict.
'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii
'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
This essay introducing the June 2006 edition of the Federal Sentencing Reporter (Vol. 18, No. 5) describes two important contributions to the movement for real reform of the federal sentencing system. First, Professor Bowman summarizes the recommendations of the Constitution Project Sentencing Initiative (CPSI) report on federal sentencing. The CPSI report, reproduced in this Issue, cautions against any over-hasty legislative response to the Supreme Court's decision in United States v. Booker, suggests some near-term improvements to the existing federal sentencing system, and then sets out a framework for a reformed and markedly simplified federal sentencing regime. Second, Professor Bowman describes …
Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder
Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder
Missouri Law Review
People are articles of commerce, or so the United States Supreme Court held in 1941, emphasizing that the issue was "settled beyond question." At the time, Justice Jackson expressed some discomfort with the theory that "the migrations of a human being... [are] commerce." The Court, however, has not wavered from this analytical position. Indeed, like many legal constructs, it has inspired little reflection. My hope is to search for what Toni Morrison describes as "the shadows of the presence from which the text has fled."" I believe that the Court's nineteenth-century opinions on immigration under the Commerce Clause reveal the …