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Articles 1 - 27 of 27
Full-Text Articles in Law
Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan
Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan
Anil Kalhan
In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …
Immigration Surveillance, Anil Kalhan
Immigration Surveillance, Anil Kalhan
Anil Kalhan
In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …
Beyond Judicial Populism, Anil Kalhan
Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan
Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan
Anil Kalhan
No abstract provided.
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Anil Kalhan
With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …
Courting Power, Anil Kalhan
Symposium: Building Global Professionalism: Emerging Trends In International And Transnational Legal Education, Anil Kalhan
Symposium: Building Global Professionalism: Emerging Trends In International And Transnational Legal Education, Anil Kalhan
Anil Kalhan
It has become a matter of recurring lament and concern — and periodically, an object of satire and derision — that Americans lack basic knowledge, awareness, or interest concerning the world beyond their borders; whether in terms of history, public affairs, culture, language, or even basic geography. Politicians, corporate leaders, scholars, and other observers across a broad spectrum routinely warn of the potential dangers this global awareness deficit poses to the well-being and security of the United States. In an increasingly interdependent world — with a growing array of economic, political, social, and environmental problems that transcend national borders — …
Thinking Critically About International And Transnational Legal Education, Anil Kalhan
Thinking Critically About International And Transnational Legal Education, Anil Kalhan
Anil Kalhan
It has become a matter of recurring lament and concern — and periodically, an object of satire and derision — that Americans lack basic knowledge, awareness, or interest concerning the world beyond their borders; whether in terms of history, public affairs, culture, language, or even basic geography. Politicians, corporate leaders, scholars, and other observers across a broad spectrum routinely warn of the potential dangers this global awareness deficit poses to the well-being and security of the United States. In an increasingly interdependent world — with a growing array of economic, political, social, and environmental problems that transcend national borders — …
Guest Contributor, Immigrationprof Blog (2012), Anil Kalhan
Guest Contributor, Immigrationprof Blog (2012), Anil Kalhan
Anil Kalhan
No abstract provided.
Guest Contributor, Chapati Mystery (2012), Anil Kalhan
Guest Contributor, Chapati Mystery (2012), Anil Kalhan
Anil Kalhan
No abstract provided.
Rethinking Immigration Detention, Anil Kalhan
Rethinking Immigration Detention, Anil Kalhan
Anil Kalhan
In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the …
Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Anil Kalhan
This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …
Land Rights Issues In International Human Rights Law, Elizabeth Wickeri, Anil Kalhan
Land Rights Issues In International Human Rights Law, Elizabeth Wickeri, Anil Kalhan
Anil Kalhan
Up to one quarter of the world’s population is estimated to be landless, including 200 million people living in rural areas. For many of these people, the condition of landlessness threatens the enjoyment of a number of fundamental human rights. Access to land is important for development and poverty reduction, but also often necessary for access to numerous economic, social and cultural rights, and as a gateway for many civil and political rights. However, there is no right to land codified in international human rights law. This article, which was originally written as a briefing paper for the “Forum on …
Symposium: Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Symposium: Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Anil Kalhan
This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …
Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan
Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan
Anil Kalhan
This essay explores the experiences with emergency and emergency-like powers in postcolonial Pakistan and India to illustrate the ways in which constitutional and extraconstitutional states of exception can converge in their application. The experiences in Pakistan with what I term its "extraconstitution" - illustrated most recently by the state of "emergency" declared by Pervez Musharraf in 2007 - demonstrate, perhaps unsurprisingly, that extraconstitutional assertions of emergency powers can provide a ready template for authoritarian rulers to usurp power, violate fundamental rights, and transform the constitutional landscape in the guise of addressing a crisis. At the same time, the authoritarianism in …
Immigration & Nationality Act Of 1965, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan
Anil Kalhan
No abstract provided.
Immigration Reform And Control Act Of 1986, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan
Anil Kalhan
No abstract provided.
The Fourth Amendment And Privacy Implications Of Interior Immigration Enforcement, Anil Kalhan
The Fourth Amendment And Privacy Implications Of Interior Immigration Enforcement, Anil Kalhan
Anil Kalhan
This Article proposes privacy as a descriptive and normative framework to analyze the constellation of recent initiatives to expand interior enforcement of federal immigration laws. By expanding the circumstances in which individuals are expected to demonstrate their lawful presence in the United States, these various initiatives seek to transform the significance of immigration and citizenship status in day-to-day life from something largely invisible and irrelevant to something visible and salient in a variety of settings. This transformation, however, carries underappreciated social costs. Building upon scholarship theorizing privacy as protecting a set of social or structural interests, and using the U.S. …
Contributor And Associate Editor, Sajaforum (2008-Present), Anil Kalhan
Contributor And Associate Editor, Sajaforum (2008-Present), Anil Kalhan
Anil Kalhan
No abstract provided.
Immigration Enforcement And Federalism After September 11, 2001, Anil Kalhan
Immigration Enforcement And Federalism After September 11, 2001, Anil Kalhan
Anil Kalhan
In recent years, the U.S. federal government has aggressively sought to involve state and local government institutions more extensively and directly in the day-to-day regulation of immigration status and the interior enforcement of federal immigration laws. In this chapter, I discuss two sets of these initiatives - the efforts to involve state and local police in routine immigration enforcement and the development of federal issuance and eligibility standards for state driver's licenses - in order to explore the ways in which these developments may challenge conventional assumptions about the relationships between state and local governments and their non-U.S. citizen residents. …
Whither Pakistan’S Charter Of Democracy?, Anil Kalhan
Whither Pakistan’S Charter Of Democracy?, Anil Kalhan
Anil Kalhan
No abstract provided.
Musharraf’S Global War On Journalism, Anil Kalhan
Contributor, Dorf On Law (2007-Present), Anil Kalhan
Contributor, Dorf On Law (2007-Present), Anil Kalhan
Anil Kalhan
No abstract provided.
Colonial Continuities: Human Rights, Terrorism, And Security Laws In India, Anil Kalhan, Gerald P. Conroy, Mamta Kaushal, Sam Scott Miller, Jed S. Rakoff
Colonial Continuities: Human Rights, Terrorism, And Security Laws In India, Anil Kalhan, Gerald P. Conroy, Mamta Kaushal, Sam Scott Miller, Jed S. Rakoff
Anil Kalhan
No abstract provided.
Immigration Law: The ‘Plenary Power’ Doctrine, In The Encyclopedia Of The Supreme Court (David Schultz Ed., Facts On File), Anil Kalhan
Anil Kalhan
No abstract provided.
Recent Publication, 24 Yale Journal Of International Law 342 (Reviewing Peter H. Schuck, Citizens, Strangers, And In-Betweens: Essays On Immigration And Citizenship (1998)), Anil Kalhan
Anil Kalhan
No abstract provided.
Recent Publication, 21 Yale Journal Of International Law 502 (Reviewing M. Sornarajah, The Law Of Foreign Investment (1994)), Anil Kalhan
Anil Kalhan
No abstract provided.