Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (24)
- Legal Ethics and Professional Responsibility (24)
- Environmental Law (22)
- Health Law and Policy (22)
- Jurisprudence (22)
-
- Military, War, and Peace (22)
- Oil, Gas, and Mineral Law (22)
- State and Local Government Law (22)
- International Law (8)
- Human Rights Law (7)
- Constitutional Law (6)
- Civil Rights and Discrimination (4)
- Law and Gender (4)
- Politics and Social Change (4)
- Social and Behavioral Sciences (4)
- Sociology (4)
- Comparative and Foreign Law (3)
- Criminal Law (3)
- Bilingual, Multilingual, and Multicultural Education (2)
- Dispute Resolution and Arbitration (2)
- Education (2)
- Inequality and Stratification (2)
- Legal History (2)
- Legal Writing and Research (2)
- Legislation (2)
- Organizations Law (2)
- Peace and Conflict Studies (2)
- Public Affairs, Public Policy and Public Administration (2)
- Institution
-
- St. Mary's University (22)
- University of Michigan Law School (5)
- American University Washington College of Law (3)
- Georgetown University Law Center (3)
- Selected Works (3)
-
- Cornell University Law School (2)
- Penn State Law (2)
- UC Law SF (2)
- University at Buffalo School of Law (2)
- University of Miami Law School (2)
- University of San Diego (2)
- University of Washington School of Law (2)
- Brooklyn Law School (1)
- DePaul University (1)
- Maurer School of Law: Indiana University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Florida Levin College of Law (1)
- University of Oklahoma College of Law (1)
- Vanderbilt University Law School (1)
- William & Mary Law School (1)
- Keyword
-
- St. Mary’s Law Journal (9)
- St. Mary’s University School of Law (9)
- Asylum (4)
- Immigration (4)
- Refugee law (4)
-
- St. Mary’s Law School (4)
- Education (3)
- Elian Gonzalez (3)
- Refugee Convention (3)
- Refugees (3)
- Attorney-client privilege (2)
- Deportation (2)
- Discrimination (2)
- Disparate impact (2)
- Europeanisation (2)
- Naturalization (2)
- School (2)
- State (2)
- Texas (2)
- Treaties (2)
- United Nations High Commissioner for Refugees (2)
- evidence (law) (1)
- Abuse (1)
- Abused Women (1)
- Accountability program (1)
- Active notification (1)
- Adequacy of representation (1)
- Adler v. Duval County School Board (1)
- Administrative law (1)
- Adriana Resendez (1)
- Publication
-
- St. Mary's Law Journal (22)
- Articles (3)
- Faculty Scholarship (3)
- Journal Articles (3)
- Articles in Law Reviews & Other Academic Journals (2)
-
- Cornell Law Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Nicos Trimikliniotis (2)
- American Indian Law Review (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Book Chapters (1)
- Buffalo Human Rights Law Review (1)
- Craig B. Mousin (1)
- Indiana Journal of Global Legal Studies (1)
- Michigan Journal of International Law (1)
- Mission and Ministry Publications (1)
- Other Publications (1)
- San Diego International Law Journal (1)
- San Diego Law Review (1)
- Scholarly Articles (1)
- U.S. Supreme Court Briefs (1)
- UF Law Faculty Publications (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Miami Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington International Law Journal (1)
- Washington Law Review (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
- Publication Type
Articles 1 - 30 of 59
Full-Text Articles in Immigration 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.
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 …
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.
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 …
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 …
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
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.
Richardson V. Reno: What Is The Proper Application Of The Illegal Immigration Reform And Immigrant Responsibility Act To Criminal Aliens?
San Diego Law Review
This Casenote questions the Richardson court's holding. Specifically, this Casenote argues that precluding all judicial review, including habeas corpus review, for criminal aliens held removable by the INS violates the Suspension Clause of the United States Constitution. Further, to interpret IIRIRA as eliminating the availability of habeas corpus relief in these circumstances calls into question the constitutionality of the statute due to constitutional limits on Congress's power to control the jurisdiction of Article III courts.
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.
Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit
Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit
St. Mary's Law Journal
The Texas system leaves the elderly and disabled vulnerable to financial vultures. Despite guardianship and pre-planning processes meant to empower elderly and disabled Texans to choose who shall manage their affairs, the Texas system may give a financial vulture access to the elderly or disabled’s accounts. Texas agencies such as Adult Protective Services’ purpose is to stop the abuse of the elderly, however, the agency is sometimes used as a tool to circumvent the stated wishes of an elderly person. For example, a person seeking to exploit an elderly person may do so by simply filing charges with Adult Protective …
Case Comment: Ins V. St. Cyr, Kevin C. Walsh
Secrecy, Guilt By Association, And The Terrorist Profile, David Cole
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.