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Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- St. Mary's University (6)
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Articles 1 - 30 of 37
Full-Text Articles in Civil Rights and Discrimination
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
Brooklyn Journal of International Law
Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …
Old Lines In New Battles: An Overlooked Yet Useful Statute To Confront Exploitation Of Undocumented Workers By Employers And By Ice, Aviam Soifer
Nevada Law Journal
No abstract provided.
Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom
Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom
Washington and Lee Law Review
No abstract provided.
287(G) Agreements In The Trump Era, Huyen Pham
287(G) Agreements In The Trump Era, Huyen Pham
Washington and Lee Law Review
No abstract provided.
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
Luz Herrera
This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal …
Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner
Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
The Scholar: St. Mary's Law Review on Race and Social Justice
On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.
There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply with 8 U.S.C. …
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
Brooklyn Law Review
This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As …
After Years Of Working With ‘Ritmo’ Detainees, I Know The Inhumane Facility Doesn’T Deserve A Second Chance, Erica B. Schommer
After Years Of Working With ‘Ritmo’ Detainees, I Know The Inhumane Facility Doesn’T Deserve A Second Chance, Erica B. Schommer
Faculty Articles
No abstract provided.
287(G) Agreements In The Trump Era, Huyen Pham
287(G) Agreements In The Trump Era, Huyen Pham
Faculty Scholarship
Articulated as a priority in President Trump’s executive orders, his administration has forcefully pushed to sign more 287(g) agreements (and more aggressive forms of those agreements) with local law enforcement agencies (LEAs). In the summer of 2017, the administration signed eighteen new agreements in the state of Texas alone. At the end of 2017, there were at least thirty-eight other LEAs interested in joining the program. Once these agreements come online, the result will be more local law enforcement officers deputized to enforce immigration laws than have ever existed in the history of the 287(g) program.
What are the implications …
The Health Of Migrant Farmworkers In The Pacific Northwest: Access, Quality, And Health Disparities, Marleny Silva
The Health Of Migrant Farmworkers In The Pacific Northwest: Access, Quality, And Health Disparities, Marleny Silva
Global Honors Theses
The health and well-being of migrant farmworkers have been neglected in the U.S. despite the prevalent reliance on undocumented foreign labor to fill the needs of the agricultural industry. In 1942, the U.S. signed a bilateral agreement with Mexico which allowed the recruitment of Mexican workers for temporary work in U.S. fields until the end of the program in 1964. This program contributed to the increase of Mexican migration even after its termination and reaffirmed our nation’s dependence on migrant farm workers, both documented and undocumented. Due to their undocumented status, undocumented migrant farmworkers experience neglect, dehumanization, and criminalization that …
Equal Protection And Scrutinizing Scrutiny: The Supreme Court’S Decision In Sessions V. Morales-Santana, Jonathan Burt
Equal Protection And Scrutinizing Scrutiny: The Supreme Court’S Decision In Sessions V. Morales-Santana, Jonathan Burt
Utah Law Review
This Note attempts to synthesize the cases on 8 U.S.C. § 1409(c) and provide a workable framework for intermediate scrutiny in the equal protection realm. Intermediate scrutiny, like all levels of scrutiny, is an ends-means balancing test. Under intermediate scrutiny, the ends must be “important.” The interest cannot be “hypothetical” or “invented post hoc in response to litigation.”234 Instead, it must be the actual reason behind the statutory classification and this must be clearly demonstrated by the government. On the other side, the means must “substantially relate” to the asserted interest. The means chosen cannot result from overbroad assumptions about …
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
NULR Online
The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes …
Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai
Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai
William & Mary Law Review
No abstract provided.
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Fatma Marouf
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt
Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt
Texas A&M Law Review
Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine,” but this time, its victim of …
The School To Deportation Pipeline, Laila L. Hlass
The School To Deportation Pipeline, Laila L. Hlass
Georgia State University Law Review
The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.
Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves in …
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Texas A&M Law Review
During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …
15th Diversity Symposium Dinner 4-27-2018, Michael M. Bowden
15th Diversity Symposium Dinner 4-27-2018, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan
State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan
Golden Gate University Law Review
The Ninth Circuit affirmed the District Court of Hawaii’s modification of the preliminary injunction against sections 2 and 6 of President Trump’s Executive Order 13780, in accordance with the Supreme Court’s decision in Trump v. International Refugee Assistance Project.
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
Faculty Scholarship
This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal …
Newsroom: Fund Lawyers To Fight For The Poor 1-26-2018, Luis Mancheno, Roger Williams University School Of Law
Newsroom: Fund Lawyers To Fight For The Poor 1-26-2018, Luis Mancheno, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Champions For Justice 2018, Roger Williams University School Of Law
Champions For Justice 2018, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Anthony O'Rourke
The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This short Article offers a more rehabilitative reading of Windsor, and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.
From Windsor’s holding, the Article distills …
Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program
Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program
Texas A&M Law Review
At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for screening refugees; offers …
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Sanctuary And Harboring In Trump's America, John Medeiros, Philip Steger
Sanctuary And Harboring In Trump's America, John Medeiros, Philip Steger
Mitchell Hamline Law Review
No abstract provided.
America's Immigration Policy - Where We Are And How We Arrived: An Immigration Lawyer's Perspective, Howard S. Myers Iii
America's Immigration Policy - Where We Are And How We Arrived: An Immigration Lawyer's Perspective, Howard S. Myers Iii
Mitchell Hamline Law Review
No abstract provided.