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2718 full-text articles. Page 1 of 83.

Human Trafficking And Refugee Law, Vladislava Stoyanova 2016 Lund University

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.


We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia 2016 Osgoode Hall Law School of York University

We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia

Amar Bhatia

This article examines issues of transnational migration in the settler-colonial context of Canada. First, I review some of the recent debates about foregrounding Indigeneity and decolonization in anti-racist thought and work, especially in relation to critical and anti-racist approaches to migration. The article then moves from this debate to the question of ‘our right to be here’, the relationship of this right to the treaties, and how migrant rights and treaty relations perspectives might interact in a context that must be informed by Indigenous laws and legal traditions.


Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie 2016 University of Georgia School of Law

Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.


The New Immigration Law, John E. McCarthy 2016 St. John's University School of Law

The New Immigration Law, John E. Mccarthy

The Catholic Lawyer

No abstract provided.


Constitutional Citizenship Under Attack, Joseph W. Dellapenna 2016 Villanova University Charles Widger School of Law

Constitutional Citizenship Under Attack, Joseph W. Dellapenna

Villanova Law Review

No abstract provided.


Disaggregating "Immigration Law", Mathew J. Lindsay 2016 University of Florida Levin College of Law

Disaggregating "Immigration Law", Mathew J. Lindsay

Florida Law Review

Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform—the notion that laws governing the rights of noncitizens to enter and remain within the United States comprise a distinct body of “immigration laws” presumed to be part and parcel of foreign affairs and national security.

This Article argues that the U.S. Supreme Court’s recent immigration jurisprudence suggests a willingness to ...


The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan 2016 University of Florida Levin College of Law

The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Florida Law Review

This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and state- level legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government—as a unitary entity—and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between ...


When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan 2016 University of Nevada, Las Vegas, William S. Boyd School of Law

When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan

Boston College Law Review

Although many unauthorized immigrants have become politically active in campaigning for immigration reform, their ability to speak out publicly may depend more on political discretion than on the constitutional protections that citizens normally take for granted. Potential threats to immigrant free speech may be seen in three areas of law. First, the Department of Justice has made a broad claim that immigrants who have not been legally admitted to the country have no First Amendment protection at all. Second, the Supreme Court has approved broad prohibitions on non-citizens spending money on speech that is related to electoral campaigns. Third, the ...


Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On “The People” And The Applicable Level Of Scrutiny For Second Amendment Challenges, Maria Stracqualursi 2016 Boston College Law School

Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On “The People” And The Applicable Level Of Scrutiny For Second Amendment Challenges, Maria Stracqualursi

Boston College Law Review

The circuits are currently split as to whether undocumented immigrants are entitled to Second Amendment rights. In 2015, the U.S. Court of Appeals for the Seventh Circuit in U.S. v. Meza-Rodriguez became the first circuit to explicitly hold that undocumented immigrants are part of “the people” referred to in the U.S. Constitution. This case added to the recent explosion in Second Amendment jurisprudence, in which courts have toiled with the scope of the right and what level of scrutiny to apply to constitutional challenges. This Note argues that the U.S. Supreme Court erred in failing to ...


Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University 2016 Roger Williams University

Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University

School of Law Conferences, Lectures & Events

No abstract provided.


Aliens And Immigration; Kerala Education Bill; Sunday Laws; The Bishop Of Prato, 2016 St. John's University School of Law

Aliens And Immigration; Kerala Education Bill; Sunday Laws; The Bishop Of Prato

The Catholic Lawyer

No abstract provided.


Section 6: Immigration, Institute of Bill of Rights Law at The College of William & Mary School of Law 2016 College of William & Mary Law School

Section 6: Immigration, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


The Aftermath Of United States V. Texas, Shoba S. Wadhia 2016 Penn State Dickinson School of Law

The Aftermath Of United States V. Texas, Shoba S. Wadhia

Journal Articles

On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA). The 4-4 ruling by the justices creates a non-precedential non-decision, upholding an injunction placed by a panel of federal judges in the Fifth Circuit Court of Appeals. While the future of these programs remains uncertain in the long term, the immediate effects are pronounced, as millions of qualifying ...


Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano 2016 University of Miami Law School

Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano

University of Miami Race & Social Justice Law Review

Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency ...


Actually, Padilla Does Apply To Undocumented Defendants, Daniel A. Horwitz 2016 Selected Works

Actually, Padilla Does Apply To Undocumented Defendants, Daniel A. Horwitz

Daniel A. Horwitz

In Padilla v. Kentucky, the U.S. Supreme Court held that non-citizen criminal defendants who plead guilty as a consequence of having received incompetent immigration advice are entitled to withdraw their pleas if they can “convince the court that a decision to reject the plea bargain would have been rational under the circumstances.”  To date, however, a nearly unanimous line of authority that includes two U.S. Circuit Courts of Appeals, seven U.S. District Courts, trial and appellate courts in four states, and at least one academic scholar has concluded in some form or fashion that “Padilla applies only ...


Aliens - Immigration And Naturalization - Seasonal And Daily Commuters Qualify As “Special Immigrants” Who Are Lawfully Admitted For Permanent Residence And Are Returning From A Temporary Visit Abroad, Michael Kendall-Patrick Williams 2016 University of Georgia School of Law

Aliens - Immigration And Naturalization - Seasonal And Daily Commuters Qualify As “Special Immigrants” Who Are Lawfully Admitted For Permanent Residence And Are Returning From A Temporary Visit Abroad, Michael Kendall-Patrick Williams

Georgia Journal of International & Comparative Law

No abstract provided.


Newsroom: From Undocumented To Immigration Lawyer 7/28/2016, Maria Sacchetti, Roger Williams University School of Law 2016 The Boston Globe

Newsroom: From Undocumented To Immigration Lawyer 7/28/2016, Maria Sacchetti, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Federalism And The Disappearing Equal Protection Rights Of Immigrants, Kevin R. Johnson 2016 University of California Davis

Federalism And The Disappearing Equal Protection Rights Of Immigrants, Kevin R. Johnson

Washington and Lee Law Review Online

Jenny-Brooke Condon’s article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has undermined the Equal Protection rights of legal immigrants in the United States. Despite the contentious national debates over immigration reform, immigrants’ rights have generally been of secondary concern in contemporary immigration scholarship, which is now dominated by analysis of immigration federalism.

Professor Condon undoubtedly is correct that we should not lose sight of the ...


Law And Order: Lawsuit, Regulations And Implementation Of S.T.E.M. O.P.T. At The University Of Arkansas, Alexandra M. Wallace 2016 SIT Graduate Institute

Law And Order: Lawsuit, Regulations And Implementation Of S.T.E.M. O.P.T. At The University Of Arkansas, Alexandra M. Wallace

Capstone Collection

In 2015, Student and Exchange Visitor Program (SEVP) reported that over 1,054,000 international students were studying in the United States in F-1 student status (SEVP, 2015). F-1 status comes with many regulations and benefits, such as Optional Practical Training (OPT), which allows students with F-1 status to work after they complete a degree from an American higher education institution. Students in the Science, Technology, Engineering and Mathematics (STEM) fields are allowed an additional 24-months of OPT, called STEM OPT. While this is a benefit in many senses, it is accompanied by a lot of responsibility for the student ...


Unappealing: An Assessment Of The Limits On Appeal Rights In Canada's New Refugee Determination System, Angus Gavin Grant, Sean Rehaag 2016 Osgoode Hall Law School of York University

Unappealing: An Assessment Of The Limits On Appeal Rights In Canada's New Refugee Determination System, Angus Gavin Grant, Sean Rehaag

Sean Rehaag

Canada’s refugee determination system was revised in 2012. One key feature of the new process is a quasi-judicial administrative appeal, on matters of both fact and law, at the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB). Under the new process, however, many claimants are denied access to the RAD.

This article assesses these limits on access to the RAD, drawing mostly on quantitative data obtained from the IRB and Citizenship and Immigration Canada through access to information requests. Our aim is to provide evidence-based analysis and recommendations for reform. Essentially, our conclusions are that the ...


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