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Articles 1 - 30 of 59
Full-Text Articles in Law
A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt
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 …
Emigrant Remittances: Policies To Increase Inflows And Maximize Benefits, Alexander C. O'Neill
Emigrant Remittances: Policies To Increase Inflows And Maximize Benefits, Alexander C. O'Neill
Indiana Journal of Global Legal Studies
No abstract provided.
Assimilation, Pluralism And Multiculturalism: The Policy Of Racial/Ethnic Identity In America, Anita Christina Butera
Assimilation, Pluralism And Multiculturalism: The Policy Of Racial/Ethnic Identity In America, Anita Christina Butera
Buffalo Human Rights Law Review
No abstract provided.
Immigration Practice In Arkansas: A Practitioners' Guide, Patrick W. Mcalpine, Melissa Mcjunkins-Duke
Immigration Practice In Arkansas: A Practitioners' Guide, Patrick W. Mcalpine, Melissa Mcjunkins-Duke
University of Arkansas at Little Rock Law Review
No abstract provided.
A Proposed Legislative Scheme To Solve The Mexican Immigration Problem, Samuel W. Bettwy
A Proposed Legislative Scheme To Solve The Mexican Immigration Problem, Samuel W. Bettwy
San Diego International Law Journal
This Article proposes a legislative scheme to undo the incentives that Congress has created and perpetuated since the 1960s for Mexicans to live unlawfully in the United States. The main features of the proposed scheme are: (1) the exemption of all family-sponsored immigrant visas from Mexico's per-country quota, (2) a guaranteed percentage of the quota of diversity ("lottery") visas for Mexicans who have no family member or employer who has sponsored their immigration, (3) a waiver of unlawful presence for Mexicans who return to Mexico by a specified deadline, and (4) revocation of the visa petitions of Mexicans who remain …
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Articles in Law Reviews & Other Academic Journals
The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike.
The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler
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 other …
Kim Ho Ma V. Reno: Cloaking Judicial Activism As Constitutional Avoidance, Matthew E. Hedberg
Kim Ho Ma V. Reno: Cloaking Judicial Activism As Constitutional Avoidance, Matthew E. Hedberg
Washington Law Review
In Kim Ho Ma v. Reno, the Ninth Circuit rewrote the plain language of § 241(a)(6) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to avoid a constitutional defect in the statute. Section 123 1(a)(6) of Title 8 of the U.S. Code, which codifies § 241(a)(6) of the IIRIRA, authorizes the Attorney General to detain criminal aliens, or removable aliens posing a danger to the community or a danger of flight risk, beyond the statutory removal period if they have not been removed from the country. Under the guise of constitutional avoidance, the Ma court …
Brief Amici Curiae Of Legal Historians Listed Herein In Support Of Respondent, I.N.S. V. St. Cyr, No. 00-767 (U.S. Mar. 27, 2001), ., James Oldham
U.S. Supreme Court Briefs
No abstract provided.
Cambodian Nationality Law And The Repatriation Of Convicted Alients Under The Illegal Immigration Reform And Immigrant Responsibility Act, Jana M. Seng
Washington International Law Journal
Currently the U.S. Immigration and Naturalization Service ("INS") is indefinitely detaining thousands of aliens who have already completed their criminal sentences. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA") allows the INS to detain these convicted aliens while initiating a removal proceeding for deportation to their native country. Absent from the IIRIRA is a provision addressing whether the INS may indefinitely detain convicted aliens who cannot be deported because the United States has no repatriation agreement with the alien's native country. Justification for the indefinite detention rests on the assumption that the United States will secure a repatriation …
Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton
Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Michigan Journal of International Law
This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …
Subjectship, Citizenship, And The Long History Of Immigration Regulation, Robert J. Steinfeld
Subjectship, Citizenship, And The Long History Of Immigration Regulation, Robert J. Steinfeld
Journal Articles
No abstract provided.
Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn
Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn
American Indian Law Review
No abstract provided.
A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin
A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin
Mission and Ministry Publications
No abstract provided.
Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha
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 asylum …
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.
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
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 …
On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero
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 right of government …
A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell
A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell
Vanderbilt Journal of Transnational Law
The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.
The failure of schools requires America to take action. State …
On Becoming The Other: Cubans, Castro, And Elian -- A Latcritical Analysis, Berta E. Hernández-Truyol
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 …
Hernandez-Montiel V. I.N.S. 225 F.3d 1084 (9th Cir. 2000), Amy R. Bowles
Hernandez-Montiel V. I.N.S. 225 F.3d 1084 (9th Cir. 2000), Amy R. Bowles
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
St. Mary's Law Journal
Abstract Forthcoming.
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
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
Interpretation Of The Definition Of 'Refugee' Under Art. 1(A)(2) Of The Convention Relating To The Status Of Refugees, With A View To The Elaboration Of A Community Instrument To Guide The Application Of The Refugee Convention Pursuant To Art.63(1)(C) Of The Treaty Of The European Communities, James C. Hathaway
Other Publications
In approaching the task of recommending how to structure a Directive on common minimum standards for the recognition ofrefugee status in the Member States of the European Union, I have struggled to avoid two extremes. On the one hand, my recommendations might simply have reflected a search for the common denominator of relevant practice. The risk of this sort of analysis is, of course, that it clearly promotes a "race to the bottom," in which those States which presently fully implement their international obligations are encouraged to reduce the standard of protection. The alternative extreme would have been to define …
Criminal Aliens Facing Indefinite Detention Under Ins: An Analysis Of The Review Process, Lourdes M. Guiribitey
Criminal Aliens Facing Indefinite Detention Under Ins: An Analysis Of The Review Process, Lourdes M. Guiribitey
University of Miami Law Review
No abstract provided.
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
St. Mary's Law Journal
Abstract Forthcoming.
Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway
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 …