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Articles 1471 - 1500 of 1796
Full-Text Articles in Law
Immigration Law And The Regulation Of Marriage, Kerry Abrams
Immigration Law And The Regulation Of Marriage, Kerry Abrams
Faculty Scholarship
No abstract provided.
Congressional Devolution Of Immigration Policymaking: A Separation Of Powers Critique, Roger C. Hartley
Congressional Devolution Of Immigration Policymaking: A Separation Of Powers Critique, Roger C. Hartley
Scholarly Articles
For roughly a decade, federal legislation has devolved to the states some of Congress's authority to adopt immigration policies that discriminate against permanent resident aliens. Equal protection challenges to discriminatory state policies so authorized by Congress raise the knotty issue of the appropriate scope of judicial review. Courts remain divided. The source of the difficulty is that the equal protection "congruence principle" is not applicable to alienage discrimination. Unlike equal protection cases throughout most of constitutional law, the judiciary deploys different standards of judicial review in alienage discrimination cases depending on whether the discrimination arises under federal or state law. …
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
All Faculty Scholarship
Economists recognize that nations can gain from trade through not only the free movement of goods across national boundaries but also the free movement of services, capital, and labor across national boundaries. Despite the presumption that economic theory raises in favor of international labor mobility, the nations of the world maintain restrictions on immigration and show little inclination to liberalize these barriers significantly. Michael Walzer defends immigration restrictions as policies necessary to maintain distinct cultural communities and rejects the alternative of voluntary residential segregation at the local level. I argue that we should instead prefer voluntary segregation at the local …
Immigration And The Meaning Of United States Citizenship: Whiteness And Assimilation, George A. Martinez
Immigration And The Meaning Of United States Citizenship: Whiteness And Assimilation, George A. Martinez
Faculty Journal Articles and Book Chapters
At the outset of the twenty-first century, United States immigration policy has become one of the most pressing issues of our time. In recent years, we have witnessed, among other things, calls for dramatically restricting immigration in light of an alleged threat to American national identity, increased border enforcement associated with thousands of deaths on the United States/Mexico border, vigilante activity, special immigration procedures enacted for the "War on Terror," and mass marches protesting draconian immigration reform in cities across the United States. Against this background, this essay seeks to explore what immigration and the various issues it raises have …
Rethinking Work And Citizenship, Jennifer Gordon, Robin A. Lenhardt
Rethinking Work And Citizenship, Jennifer Gordon, Robin A. Lenhardt
Faculty Scholarship
This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of tension between these groups is labor competition or the racial prejudice of employers. While these explanations offer useful insights, they do not fully explain the intensity and longevity of the conflict. Nor has relevant legal scholarship offered a sufficient theoretical lens through which this conflict can be viewed. In …
There Is A Land In The Far Off West, Michael Maben
There Is A Land In The Far Off West, Michael Maben
Articles by Maurer Faculty
No abstract provided.
You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson
You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson
Articles & Chapters
No abstract provided.
The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan
The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan
Articles
The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
Faculty Scholarship
No abstract provided.
United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger
United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger
Publications
The immigration and nationality law of the United States is complex. It is more the product of historical experience than logical design. In one memorable, often-quoted simile, the law bears "a striking resemblance" to "King Minos's labyrinth in ancient Crete." Perhaps only the internal revenue (tax) code and its voluminous regulations are more intricate. Given this complexity, we can only summarize United States migration law. The purpose of this article, as part of a transnational dialogue, is to locate the migration law of the United States within the framework of international migration law and to highlight the essential features of …
A Reflection On The Chinese Green Card System, Jia Xu
A Reflection On The Chinese Green Card System, Jia Xu
Cornell Law School J.D. Student Research Papers
The issuance of Regulations on Examination and Approval of Permanent Residence of Aliens in China marks the establishment of the green card system in China. It aims to attract world talents as well as foreign investment. It is a very important step concerning China’s open-up policy, but we still have a long way to improve the newly-established system.
'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 …
Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele R. Pistone, John J. Hoeffner Esq.
Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele R. Pistone, John J. Hoeffner Esq.
Working Paper Series
Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …
Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo
Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo
Working Paper Series
The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the …
New International Human Rights Standards On Unauthorized Immigrant Worker Rights: Seizing An Opportunity To Pull Governments Out Of The Shadows, Beth Lyon
Working Paper Series
Governments cannot ignore international human rights standards for unauthorized migrant workers forever. This chapter presents a call for comparative work on the issue of the legal regimes affecting unauthorized immigrant workers in order to bring governments into greater awareness and compliance with their obligations to unauthorized immigrant workers.
Global illegal migration by laborers seeking economic opportunities is expanding, resulting in an increasing number of migrants in every country who are working in violation of immigration laws. Unauthorized immigrant workers are numerous enough to form a recognizable group in every major world economy, because most receiving countries have immigration laws that …
Profiles Of Asian American Subgroups In Massachusetts: Chinese Americans In Massachusetts, Shauna Lo
Profiles Of Asian American Subgroups In Massachusetts: Chinese Americans In Massachusetts, Shauna Lo
Institute for Asian American Studies Publications
This report presents a profile of Chinese Americans statewide as well as highlights Chinese Americans living in four communities: Boston’s Chinatown, Quincy, Malden and Newton. It draws upon U.S. Census data, secondary sources and interviews.
Maria Isabel Casablanca & Gloria Roa Bodin's Immigration Law For Paralegals, Elizabeth G. Adelman
Maria Isabel Casablanca & Gloria Roa Bodin's Immigration Law For Paralegals, Elizabeth G. Adelman
Book Reviews
No abstract provided.
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Law Publications
No abstract provided.
How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers
How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers
Other resources
This thesis argues that international fundamental rights provide the most appropriate measure of justice for the Union’s area of ‘freedom, security and justice’ (AFSJ). However, it is argued that the normative status of international fundamental rights in Union law is undermined by the pursuit of the objective of autonomy of Union law and deficiencies in the legal mechanisms for giving effect to those rights.
This research analyses the sources and normative status of international fundamental rights in Union law, and in particular the AFSJ, both as currently constituted and under the Constitution, and assesses the robustness and effectiveness of the …
Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes
Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes
Brandeis School of Law Faculty Scholarship
No abstract provided.
No More Deaths: On Conscience, Civil Disobedience, And A New Role For Truth Commissions, Marie Failinger
No More Deaths: On Conscience, Civil Disobedience, And A New Role For Truth Commissions, Marie Failinger
Faculty Scholarship
This article uses as its focal point the emerging civil disobedience movement in southwestern United States, aimed at providing humanitarian assistance to undocumented workers crossing the U.S. border, and the government's prosecution response to that movement. It argues that the courts that have considered such civil disobedience in previous cases, such as the 1980s Sanctuary movement, have a limited understanding of the right of conscience, and utilizes the insights of Reformation theology on the nature of the conscience to argue that it is necessary for the United States to respect the public role of conscience of civil disobedients in mass …
Immigration Panel, Richard A. Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons, Bill Ong Hing
Immigration Panel, Richard A. Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons, Bill Ong Hing
Faculty Scholarship
No abstract provided.
Children And Immigration: International, Local, And Social Responsibilities, Berta E. Hernández-Truyol, Justin Luna
Children And Immigration: International, Local, And Social Responsibilities, Berta E. Hernández-Truyol, Justin Luna
UF Law Faculty Publications
This essay focuses on the human rights of immigrant children, regardless of the legality of their presence within U.S. borders, especially with respect to health, education, and welfare. In that context, the work explores, as the title suggests, the international, local, and social/cultural normative standards that structure the responsibilities -- independently and collectively, that proverbial village -- with respect to children's well-being. We develop these ideas in three parts. First, we address the foundations of the human rights idea and specifically enumerate the particular normative notions, including international treaties that govern children's lives. Next, we discuss immigration in the United …
The False Panacea Of Offshore Deterrence, James C. Hathaway
The False Panacea Of Offshore Deterrence, James C. Hathaway
Articles
Governments take often shockingly blunt action to deter refugees and other migrants found on the high seas, in their island territories and in overseas enclaves. There is a pervasive belief that when deterrence is conducted at arms-length from the homeland it is either legitimate or, at the very least, immune from legal accountability.
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Articles in Law Reviews & Other Academic Journals
Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socio-economic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking …
The Taxation Of Undocumented Immigrants: Separate, Unequal, And Without Representation, Francine J. Lipman
The Taxation Of Undocumented Immigrants: Separate, Unequal, And Without Representation, Francine J. Lipman
Scholarly Works
No abstract provided.
Transnational Labor Citizenship, Jennifer Gordon
Transnational Labor Citizenship, Jennifer Gordon
Faculty Scholarship
Over one million new immigrants arrive in the United States each year. This spring, Americans saw several times that number pour into the streets, protesting proposed changes in U.S. immigration and guest work policies. As the signs they carried indicated, most migrants come to work, and it is in the workplace that the impact of large numbers of newcomers is most keenly felt. For those who see both the free movement of people and the preservation of decent working conditions as essential to social justice, this presents a seemingly unresolvable dilemma. In a situation of massive inequality among countries, to …
Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway
Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway
Articles
Governments in all parts of the world are withdrawing in practice from meeting the legal duty to provide refugees with the protection they require. While states continue to proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, many appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source of enhanced operational flexibility in the face of changed political circumstances. For refugees themselves, however, the increasingly marginal relevance of international refugee law has …
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
All Faculty Scholarship
No abstract provided.
Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams
Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams
Faculty Scholarship
No abstract provided.