Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (55)
- Constitutional Law (17)
- Civil Rights and Discrimination (12)
- Human Rights Law (9)
- International Law (9)
-
- Legislation (7)
- Comparative and Foreign Law (6)
- Courts (6)
- Law and Race (5)
- Military, War, and Peace (5)
- First Amendment (4)
- Administrative Law (3)
- Fourteenth Amendment (3)
- Health Law and Policy (3)
- Law and Society (3)
- Civil Law (2)
- Common Law (2)
- Criminal Law (2)
- Disability Law (2)
- Environmental Law (2)
- Family Law (2)
- Fourth Amendment (2)
- Jurisprudence (2)
- Law and Politics (2)
- Legal Ethics and Professional Responsibility (2)
- National Security Law (2)
- Oil, Gas, and Mineral Law (2)
- State and Local Government Law (2)
- Arts and Humanities (1)
- Institution
-
- University of Miami Law School (27)
- University of Michigan Law School (18)
- Fordham Law School (12)
- Selected Works (4)
- St. Mary's University (3)
-
- University of Colorado Law School (3)
- Northwestern Pritzker School of Law (2)
- Penn State Dickinson Law (2)
- Penn State Law (2)
- University of Georgia School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- West Virginia University (2)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- Cornell University Law School (1)
- Emory University School of Law (1)
- Nova Southeastern University (1)
- SelectedWorks (1)
- University at Buffalo School of Law (1)
- University of Cincinnati College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- Washington University in St. Louis (1)
- Publication Year
- Publication
-
- University of Miami Inter-American Law Review (13)
- University of Miami Law Review (12)
- Michigan Law Review (11)
- Fordham Law Review (10)
- Faculty Scholarship (4)
-
- Journal Articles (3)
- Publications (3)
- Scholarly Works (3)
- Faculty Scholarly Works (2)
- Michigan Journal of Race and Law (2)
- Michigan Law Review First Impressions (2)
- St. Mary's Law Journal (2)
- University of Michigan Journal of Law Reform (2)
- Victor C. Romero (2)
- West Virginia Law Review (2)
- Brooklyn Law Review (1)
- Cornell Law Faculty Publications (1)
- Emory Law Journal (1)
- Faculty Articles (1)
- Faculty Works (1)
- Georgia Law Review (1)
- Hope Lewis (1)
- ILSA Journal of International & Comparative Law (1)
- Immigration and Human Rights Law Review (1)
- James Ianelli (1)
- Journal of Criminal Law and Criminology (1)
- Michigan Journal of International Law (1)
- Northwestern University Law Review (1)
- Rachel E. Rosenbloom (1)
- Scholarship@WashULaw (1)
- Publication Type
- File Type
Articles 31 - 60 of 90
Full-Text Articles in Law
The Citizenship Of Others, Muneer I. Ahmad
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Fordham Law Review
No abstract provided.
The Boston Bombers, Leti Volpp
Citizenship And Protection, Andrew Kent
Citizenship And Protection, Andrew Kent
Fordham Law Review
This Article discusses the role of U.S. citizenship in determining who would be protected by the Constitution, other domestic laws, and the courts. Traditionally, within the United States, both noncitizens and citizens have had more or less equal civil liberties protections. But outside the sovereign territory of the United States, noncitizens have historically lacked such protections. This Article sketches the traditional rules that demarcated the boundaries of protection, then addresses the functional and normative justifications for the very different treatment of noncitizens depending on whether or not they were present within the United States.
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
Fordham Law Review
No abstract provided.
Editors' Foreword, Editors
Soil And Citizenship, Linda Bosniak
Expatriating Terrorists, Peter J. Spiro
Detention After The Aumf, Stephen I. Vladeck
Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings, Fatma E. Marouf
Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings, Fatma E. Marouf
Scholarly Works
Important strides are currently being made toward increasing procedural due process protections for noncitizens with serious mental disabilities in removal proceedings, such as providing them with competency hearings and appointed counsel. This Article goes even further, arguing that courts should recognize a substantive due process right to competence in removal proceedings, which would prevent those found mentally incompetent from being deported. Recognizing a right to competence in a quasi-criminal proceeding such as removal would not be unprecedented, as most states already recognize this right in juvenile adjudication proceedings. The Article demonstrates that the same reasons underlying the prohibition against trial …
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Michigan Journal of Race and Law
At the nation’s founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for foreigners. This Article is the first sustained treatment of the creation of property rights for noncitizens in American law. It uncovers two key sources for the rights that emerged during the nineteenth century: federal territorial law, which allowed for alien property ownership and alien suffrage, and state …
The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott
University of Miami Inter-American Law Review
No abstract provided.
To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley
To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley
Michigan Journal of Race and Law
The United States incarcerates hundreds of thousands of noncitizen criminal defendants each year. In 2010, there were about 55,000 "criminal aliens" in federal prisons, accounting for approximately 25 percent of all federal prisoners. In 2009, there were about 296,000 noncitizens in state and local jails. Like Jose, these defendants usually do not know that their convictions may make them automatically deportable under the INA. Under the Supreme Court's recent ruling in Padilla v. Kentucky, criminal defense attorneys have an affirmative duty to give specific, accurate advice to noncitizen clients regarding the deportation risk of potential pleas. This rule helps assure …
The Boston Principles: An Introduction, Hope Lewis, Rachel E. Rosenbloom
The Boston Principles: An Introduction, Hope Lewis, Rachel E. Rosenbloom
Hope Lewis
This commentary introduces the Draft Boston Principles on the Economic, Social, and Cultural Rights of Noncitizens. The Draft Boston Principles are the outcome of "Beyond National Security: Immigrant Communities and Economic, Social, and Cultural Rights," an institute held at Northeastern University School of Law in Boston, Massachusetts (United States of America) on October 14-15, 2010. Convened by the Program on Human Rights and the Global Economy (PHRGE) with the sponsorship of the Ford Foundation and the Human Rights Interest Group of the American Society of International Law, the institute brought together leading immigrants' rights attorneys, human rights advocates, and scholars …
The Boston Principles: An Introduction, Hope Lewis, Rachel E. Rosenbloom
The Boston Principles: An Introduction, Hope Lewis, Rachel E. Rosenbloom
Rachel E. Rosenbloom
This commentary introduces the Draft Boston Principles on the Economic, Social, and Cultural Rights of Noncitizens. The Draft Boston Principles are the outcome of "Beyond National Security: Immigrant Communities and Economic, Social, and Cultural Rights," an institute held at Northeastern University School of Law in Boston, Massachusetts (United States of America) on October 14-15, 2010. Convened by the Program on Human Rights and the Global Economy (PHRGE) with the sponsorship of the Ford Foundation and the Human Rights Interest Group of the American Society of International Law, the institute brought together leading immigrants' rights attorneys, human rights advocates, and scholars …
Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz
ILSA Journal of International & Comparative Law
Since the September 11, 2001 terrorist attacks, national security law has exploded as a field of study.
Do Boumediene Rights Expire?, Andrew Kent
Do Boumediene Rights Expire?, Andrew Kent
Faculty Scholarship
In 2008, Guantanamo detainees won a landmark victory in Boumediene v. Bush, which held that the Congress and the President could not prevent the detainees from accessing the courts to seek release via habeas corpus. The Court decided that persons claiming to be innocent civilians deserved a day in court, even though they were noncitizens held by the U.S. military as enemy combatants on foreign territory. The Court applied a fact-specific test that granted habeas rights to noncitizens outside the United States only when a balance of factors — including citizenship, enemy status, the nature of status review procedures, the …
Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales
Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales
University of Miami Law Review
No abstract provided.
Noncitizens And Citizens United, James Ianelli
Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes
Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes
University of Miami Law Review
No abstract provided.
Collateral Consequences Of Criminal Convictions To Noncitizens, Fernando A. Nuñez
Collateral Consequences Of Criminal Convictions To Noncitizens, Fernando A. Nuñez
Faculty Scholarship
The criminal defense attorney's intuitive pursuit of freedom for a client is almost always the best approach in the representation of individuals charged with a crime. When representing noncitizens, however, the prudent practice is to deemphasize immediate freedom and instead to focus on the collateral consequences the conviction will have on the noncitizen's immigration status.
Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik
Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik
St. Mary's Law Journal
Individuals who are not United States citizens and participate in violent or severe criminal activity are likely to be deported and become inadmissible for life. But noncitizens can also be deported for minor criminal activity which does not cause harm or serious damage. In such cases, deportation is an extreme punishment out of proportion to the offense. Unauthorized use of a motor vehicle (UUMV) is an example of a crime which can be committed without serious harm or damage. The Fifth Circuit regularly sustains decisions of lifetime reentry ban for noncitizens convicted of UUMV. Under immigration law, “aliens” who are …
A Textual And Historical Case Against A Global Constitution, Andrew Kent
A Textual And Historical Case Against A Global Constitution, Andrew Kent
Faculty Scholarship
he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …
Calling For An End To Indefinite Detention: The Judicial Role In Applying The Constitution To Alien Paroles, Phillip J. Riblett
Calling For An End To Indefinite Detention: The Judicial Role In Applying The Constitution To Alien Paroles, Phillip J. Riblett
University of Miami International and Comparative Law Review
No abstract provided.
Immigration And Constitutional Consequences Of Post-9/11 Policies Involving Arabs And Muslims In The United States: Is Alienage A Distinction Without A Difference?, Susan M. Akram, Maritza Karmely
Immigration And Constitutional Consequences Of Post-9/11 Policies Involving Arabs And Muslims In The United States: Is Alienage A Distinction Without A Difference?, Susan M. Akram, Maritza Karmely
Faculty Scholarship
There has been much public and academic discussion on post-9/11 government policies and whether their impact on Arabs and Muslims in the United States is unconstitutional “racial profiling” or legitimate immigration control based on constitutionally permissible nationality distinctions. The main assumption underlying this debate is that the focus of the government's policies in the “war on terror” is noncitizens, even if principally Arabs and Muslims. Thus, the racial profiling issues center on the differences between the constitutional due process analysis applied to noncitizens and that applied to citizens. This Article challenges the above argument and a number of its underlying …
Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana
Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana
Scholarly Works
Three recent books written by Professors Bill Ong Hing, Kevin R. Johnson, and Victor C. Romero provide skillfully crafted roadmaps with which to understand the key emerging issues that will shape immigration law well into the next decade: the relationship of immigration control to national security. This Review captures the insights provided by these three authors to examine the restrictive laws and policies aimed at noncitizens in the name of national security as highlighted by the current efforts to federalize driver’s licenses. As this Review explains, these three books map the current antagonistic attitudes towards noncitizens post 9/11, and serve …
Preserving The Essence Of Zadvydas V. Davis In The Midst Af A National Tragedy, N. Alejandra Arroyave
Preserving The Essence Of Zadvydas V. Davis In The Midst Af A National Tragedy, N. Alejandra Arroyave
University of Miami Law Review
No abstract provided.
12/7 And 9/11: War, Liberties, And The Lessons Of History, Eric L. Muller
12/7 And 9/11: War, Liberties, And The Lessons Of History, Eric L. Muller
West Virginia Law Review
No abstract provided.
Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss
Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss
Publications
No abstract provided.
The Exclusion Of Mentally Ill Aliens Who May Pose A Danger To Others: Where Does The Real Threat Lie?, Jennifer Blakeman
The Exclusion Of Mentally Ill Aliens Who May Pose A Danger To Others: Where Does The Real Threat Lie?, Jennifer Blakeman
University of Miami Inter-American Law Review
No abstract provided.