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1,344 full-text articles. Page 1 of 32.

Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan 2014 University of Georgia School of Law

Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan

Georgia Journal of International & Comparative Law

No abstract provided.


Citizenship In Red And Yellow: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger 2014 SelectedWorks

Citizenship In Red And Yellow: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger

Bethany Berger

American Indians and ethnic Chinese played outsized roles in the transformation of citizenship in the late nineteenth century, shaping debates and providing patterns as the geographic, racial, and ideological borders of citizenship hardened and the federal role and discretion in policing them expanded. Today, this transformation influences everything from the treatment of children of undocumented immigrants to tribal land, sovereign, and treaty rights to the status of U.S. island territories. This Article examines these changes and what they meant for the individuals and communities involved through the lenses of Elk v. Wilkins and United States v. Wong Kim Ark ...


The Perception Of The Economy Influencing Public Opinion On Immigration Policy, Jeff Sanchez 2014 Chapman University

The Perception Of The Economy Influencing Public Opinion On Immigration Policy, Jeff Sanchez

e-Research: A Journal of Undergraduate Work

Does the majority express interest concerning immigration on the basis of perceived personal economic circumstance and security, or on the basis of its perception of the state of the national economy? This study explains how perception of the state of the economy influences opinion on immigration policy. This study finds that an individual's preferences for varying immigration policies are rooted in his or her perception of the state of the national economy, rather than being narrowly determined by his or her perception of their own economic circumstance and security.


"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova 2014 University of Georgia School of Law

"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova

Georgia Journal of International & Comparative Law

No abstract provided.


Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele 2014 University of Georgia School of Law

Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele

Georgia Journal of International & Comparative Law

No abstract provided.


Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris 2014 University of Georgia School of Law

Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris

Georgia Journal of International & Comparative Law

No abstract provided.


The Ciudades Modelo Project: Testing The Legality Of Paul Romer’S Charter Cities Concept By Analyzing The Constitutionality Of The Honduran Zones For Employment And Economic Development, Michael R. Miller 2014 SelectedWorks

The Ciudades Modelo Project: Testing The Legality Of Paul Romer’S Charter Cities Concept By Analyzing The Constitutionality Of The Honduran Zones For Employment And Economic Development, Michael R. Miller

Michael R Miller

Over the last several years, the Honduran government has been aggressively advancing a "model cities" project that it argues will provide options for its citizens to escape the extreme violence in their country without migrating to the U.S. The model cities, which are formally called "Zones for Employment and Economic Development" ("ZEDEs"), are purported to be autonomously governed areas that will attract foreign investment and compete for residents by establishing safer communities and better managed institutions governed by the rule of law.

The ZEDEs trace their origin to a concept formulated by development economist Paul Romer, who proposed the ...


A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson 2014 University of Georgia School of Law

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.


Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale 2014 University of Georgia School of Law

Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware 2014 University of Georgia School of Law

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, R. Linus Chan 2014 Pace University

The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, R. Linus Chan

Pace Law Review

Part I of this Article discusses the limitation of the pre-emption doctrine on state self-deportation laws. Part II discusses a short history of the Supreme Court’s application of the right to travel. Part III explains why the lack of federal authorization or immigrant status does not exclude people from the right to travel’s protection. Part IV discusses how the right to travel relates to citizenship and how the undocumented may exercise what has been described as a privilege or immunity of citizenship. Finally, Part V examines how the current state-based “self-deportation” immigration laws violate the right to travel.


Eu-Switzerland: Quo Vadis?, Marc Maresceau 2014 University of Georgia School of Law

Eu-Switzerland: Quo Vadis?, Marc Maresceau

Georgia Journal of International & Comparative Law

No abstract provided.


"We Are Not Criminals": Immigration Reform, Racial Justice And Mass Incarceration, Rebecca Sharpless 2014 University of Miami

"We Are Not Criminals": Immigration Reform, Racial Justice And Mass Incarceration, Rebecca Sharpless

Rebecca Sharpless

This article is a critique of the standard practice of immigration law reformers and theorists of invoking a contrast between immigrants and criminals. “We Are Not Criminals” is a familiar refrain in the movement for immigration reform. Whether the issue is comprehensive immigration reform, heavy-handed law enforcement practices, or the escalation in immigration detention, many advocates, law reformers, and organizers argue for better treatment of immigrants by invoking a contrast with people convicted of a crime. While acknowledging the difficulties of making political gains in a society largely supportive of harsh penal responses to criminal activity, this article details the ...


How ‘Comprehensive’ Is The Comprehensive Immigration Reform Bill? S. 744 And Its Implications For Muslims, Arabs, South Asians, Somalis And Iranian Immigrants, Samira Afzali 2014 Hamline University

How ‘Comprehensive’ Is The Comprehensive Immigration Reform Bill? S. 744 And Its Implications For Muslims, Arabs, South Asians, Somalis And Iranian Immigrants, Samira Afzali

Hamline University's School of Law's Journal of Public Law and Policy

This article discusses the failure of the current immigration reform debate in addressing immigration policies that affect highly unpopular ethnic communities including Muslims, Arabs, South Asians, Somalis and Iranians. The current debate on immigration reform was heavily shaped and influenced by the 2012 presidential elections and both parties’ attempts to win the Hispanic vote. For this reason, the current discourse on immigration reform has focused on one segment of the population, albeit a diverse segment.

Since the Clinton Administration, Congress has passed legislation that converged national security interests with immigration law. The current debate on immigration reform fails to address ...


Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard 2014 Hamline University

Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard

Hamline University's School of Law's Journal of Public Law and Policy

The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically narrowed by changes in legislation and case law. These changes have particularly limited the scope of judicial review and the ability of the courts to overturn administrative decisions regarding the fitness of an applicant to benefit from the appeal provisions.


Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf 2014 SelectedWorks

Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf

Fatma E Marouf

This Article challenges the constitutionality of indiscriminately restraining civil immigration detainees during removal proceedings. Not only are immigration detainees routinely placed in handcuffs, leg irons, and belly chains without any individualized determination of the need for restraints, but Immigration and Customs Enforcement (ICE), the prosecuting party, makes the decisions about the use of restraints, rather than the judge. After examining the rationale for the well-established prohibition against the indiscriminate use of restraints during criminal and civil jury trials, and discussing how some courts have extended this rationale to bench trials, this Article contends that ICE’s practice violates substantive and ...


International Surrogacy Is Dangerous And Unfair, Anne T. Gallagher AO 2014 SelectedWorks

International Surrogacy Is Dangerous And Unfair, Anne T. Gallagher Ao

Anne T Gallagher

A recent case of commercial surrogacy involving an Australian couple and a Thai surrogate sheds a rare light on the hidden and fundamentally unjust world of international commercial surrogacy.


Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill 2014 The Catholic University of America, Columbus School of Law

Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill

Catholic University Law Review

No abstract provided.


Flores-González, Nilda, Et. Al. Immigrant Women Workers In The Neoliberal Age., Linda M. Crawford PhD 2014 Salve Regina University

Flores-González, Nilda, Et. Al. Immigrant Women Workers In The Neoliberal Age., Linda M. Crawford Phd

Journal of Interdisciplinary Feminist Thought

No abstract provided.


‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo 2014 Salve Regina University

‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo

Journal of Interdisciplinary Feminist Thought

The post-9/11 era in the United States has revealed a specific fear about immigrants as terrorist threats. Although this fear manifests as a generalized one against any immigrant, when we analyze public discourse, we can find rhetorical patterns involving specific groups, with Latinos/as at center. U.S. public discourse typically conjures images of immigrants as terrorists, which are either genderless or male, and it is activated and cultivated in moments of national crisis (most recently, the 2013 Boston marathon bombing attacks). In this paper, we move beyond notions of immigrants as either genderless or male to discuss post-9 ...


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