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Series

2001

Immigration Law

Articles 1 - 19 of 19

Full-Text Articles in Law

A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt Oct 2001

A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt

Cornell Law Faculty Publications

This article examines the formation of an immigration policy designed to build up the skill and human capital of a country. We discuss how the process of selecting economic-stream migrants could be designed to yield economic benefits to the host country. Part I examines the theoretical considerations involved in framing a policy that governs economic-stream immigration. In this section, we outline the goals that a host country seeks to achieve in selecting these migrants and propose important elements of a selection scheme. Part II takes a comparative look at existing points-based schemes for selecting economic migrants, focusing on Canada and ...


The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler Apr 2001

The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler

Cornell Law Faculty Publications

This article considers the inheritance of the seventeenth-century English common law conception of the subject in nineteenth-century America and, ultimately, in the Supreme Court’s decision in United States v. Wong Kim Ark (1898). It examines the claims for birthright citizenship derived from British common law and the three principal arguments against them. These latter included: objections to the assertion of a federal common law of citizenship from the perspective of state sovereignty; arguments that the United States should embrace citizenship by blood rather than by birth in order to conform to the practice of the law of nations and ...


Brief Amici Curiae Of Legal Historians Listed Herein In Support Of Repondent, I.N.S. V. St. Cyr, No. 00-767 (U.S. Mar. 27, 2001), ., James Oldham Mar 2001

Brief Amici Curiae Of Legal Historians Listed Herein In Support Of Repondent, I.N.S. V. St. Cyr, No. 00-767 (U.S. Mar. 27, 2001), ., James Oldham

U.S. Supreme Court Briefs

No abstract provided.


Accommodating Linguistic Difference: Toward A Comprehensive Theory Of Language Rights In The United States, Cristina M. Rodríguez Jan 2001

Accommodating Linguistic Difference: Toward A Comprehensive Theory Of Language Rights In The United States, Cristina M. Rodríguez

Faculty Scholarship Series

In Henzdndez v. New York,' the Supreme Court held that prosecutors
may strike potential jurors from the venire on the basis of their ability to
speak a language other than English. Courts have consistently treated biand
multilingualism as reasonable grounds for excluding individuals
from participation in an institution long considered to be a fundamental
site of civic engagement. Courts seem to fear that bilingual jurors will
disrupt jury deliberations that are carefully cabined by legal procedures,
which include court-sponsored translations of foreign-language testimony.
The Henzdndez Court, despite its deference to the prosecutors,
complicated the issue in its plurality opinion by ...


Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero Jan 2001

Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero

Journal Articles

This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have seeped into the ...


A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin Jan 2001

A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin

Mission and Ministry Publications

No abstract provided.


On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero Jan 2001

On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero

Journal Articles

The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.

This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the ...


Subjectship, Citizenship, And The Long History Of Immigration Regulation, Robert J. Steinfeld Jan 2001

Subjectship, Citizenship, And The Long History Of Immigration Regulation, Robert J. Steinfeld

Journal Articles

No abstract provided.


Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton Jan 2001

Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight Jan 2001

Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight

Faculty Scholarship

No abstract provided.


Expedited Removal, Karen Musalo Jan 2001

Expedited Removal, Karen Musalo

Faculty Scholarship

No abstract provided.


Why Supervise The Refugee Convention?, James C. Hathaway Jan 2001

Why Supervise The Refugee Convention?, James C. Hathaway

Articles

The Refugee Convention is the only major human rights treaty that is not externally supervised. Under all of the other key UN human rights accords — on the rights of women and children, against torture and racial discrimination, and to promote civil and political, as well as economic, social, and cultural rights — there is at least some effort made to ensure that States are held accountable for what they have signed onto.


Gonzalez Exrel. Gonzalez V. Reno. 212 F.3d 1338, Rehearing Denied, 215 F.3d 1243, Certiorari Denied, 120 S.Ct. 2737 (2000). U.S. Court Of Appeals For The Eleventh Circuit, June 1, 2000., David Abraham Jan 2001

Gonzalez Exrel. Gonzalez V. Reno. 212 F.3d 1338, Rehearing Denied, 215 F.3d 1243, Certiorari Denied, 120 S.Ct. 2737 (2000). U.S. Court Of Appeals For The Eleventh Circuit, June 1, 2000., David Abraham

Articles

No abstract provided.


Secret Trials, David Cole Jan 2001

Secret Trials, David Cole

Georgetown Law Faculty Publications and Other Works

Today, U.S. immigration authorities use secret evidence to lock up immigrants in deportation proceedings, to exclude aliens at the border, and to oppose applications for "relief from deportation," including asylum.


Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha Jan 2001

Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha

Articles in Law Reviews & Other Academic Journals

In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western,'foreign" cultures. Sinha argues that cases involving gender-related persecution can be given full consideration of asylum law only when their adjudication is based on an understanding of the political and institutional character of violence against women, rather than on" cultural" culpability. In making this argument, Sinha examines recent amendments to the regulations governing ...


Secrecy, Guilt By Association, And The Terrorist Profile, David Cole Jan 2001

Secrecy, Guilt By Association, And The Terrorist Profile, David Cole

Georgetown Law Faculty Publications and Other Works

In this essay, I will argue that the use of secret procedures and guilt by association in immigration trials is not only unconstitutional but counterproductive. I will begin with a case study, then discuss in turn the practices of secret evidence and guilt by association, and finally conclude with a consideration of how these two tactics perpetuate invidious stereotypes about Arabs and Muslims.


On Becoming The Other: Cubans, Castro, And Elian -- A Latcritical Analysis, Berta E. Hernández-Truyol Jan 2001

On Becoming The Other: Cubans, Castro, And Elian -- A Latcritical Analysis, Berta E. Hernández-Truyol

UF Law Faculty Publications

It is difficult to imagine that a cute, little, six-year-old boy would be able to change the favorable socially constructed images of cubanas/os virtually overnight. But that is precisely what happened with Elian and the comunidad cubana en Miami en estos estados unidos. The story is sad and poignant, heart-wrenching and surreal, human and political, civil and social, cultural and economic. It reaches into the souls of all who have fought and lost after having thought that they had fought and won.

This essay explores the transformation of the Cuban community in the eyes of the estado unidense majority ...


Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway Jan 2001

Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway

Book Chapters

While many of us in the refugee protection community have traditionally seen temporary protection as something to be resisted, I believe that temporary protection could, in contrast, be a profoundly important part of a solution to the international refugee protection crisis. To make my argument that the right kind of temporary protection could be an important means to give new life to international refugee protection, I will briefly address three issues. First, I would like to suggest why it is that states around the world, in the North and increasingly in the South as well, are refusing the live up ...


Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey Jan 2001

Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey

Articles

A number of jurisdictions have fastened onto a "solution" that appears to reconcile respect for refugee law with the determination of states to rid themselves quickly of potentially violent asylum seekers. Courts in these states have been persuaded that a person who has committed or facilitated acts of violence may lawfully be denied a refugee status hearing under a clause of the Refugee Convention that authorizes the automatic exclusion of persons whom the government reasonably believes are international or extraditable criminals. Refugee law so interpreted is reconcilable with even fairly blunt measures for the exclusion of violent asylum seekers. In ...