Immigration Law Commons^™

Expanding Protective Order Coverage., Kellie K. Player

St. Mary's Law Journal

The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …

A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock

St. Mary's Law Journal

Abstract Forthcoming.

Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act., John Gedid

St. Mary's Law Journal

The National Conference of Commissioners on Uniform State Laws (ULC) approved the Revised Model State Administrative Procedure Act (2010 MSAPA) in 2010. The model state administrative procedure acts (APA) have been one of the most successful endeavors of the ULC. They have played a major role in encouraging states to incorporate concepts of fairness into state agency procedure statutes and to make express provisions for judicial review of administrative action. Those states that adopted the model acts accomplished fairness goals while bringing efficiency and accuracy into the state administrative process. By providing an overview of the Act’s new features, this …

Will Contests: From Start To Finish., Joyce Moore

St. Mary's Law Journal

This Article primarily focuses on the practical problems facing attorneys and courts when evaluating and proving up a will or trust in contested cases. The focus extends further into the special procedural and evidentiary rules applicable to these actions, the use and misuse of summary judgment proceedings in these cases, and some observations regarding developing trends and strategies in will and trust contest litigation. Admittedly, this area of practice is a melting pot of presumptions, exceptions, threshold hurdles, capacity qualms, evidentiary issues, strategic clauses, and countless other headache-inducing legal issues. Yet, attorneys must diligently juggle all of them while also …

“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock

Articles

No abstract provided.

Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro

Articles

No abstract provided.

Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan

Faculty Scholarship

Immigration and crime have received much popular and political attention in the past decade, and have been a focus of episodic social attention for much of the history of the U.S. Recent policy and legal discourse suggests that the stigmatic link between immigrants and crime has endured, even in the face of evidence to the contrary. This study addresses the relationship between immigration and crime in urban settings, focusing on areal units where immigrants tend to cluster spatially as well as socially. We ask whether immigration creates risks or benefits for neighborhoods in terms of lower crime rates. The question …

Homely, Cultured Brahmin Woman Seeks Particular Social Group: Must Be Immutable, Particulara, Nd Socially Visible, Sarah Kathryn French

University of Colorado Law Review

This Note examines whether Brahmin women constitute a particular social group under United States asylum law. The domestic violence victims in immigration court-who are predominately Latin American-have thus far failed to establish, in a precedential decision, that they are part of a particular social group or that their perpetrators' violence was on account of their membership in a particular social group. Orthodox Brahmin women in India, however, may be able to meet the elements of asylum where other victims have failed. This Note examines whether Brahmin women can meet the elements of a particular social group, whether the Indian government …

Migration And Immigrants In International Declarations And United States Law, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Moral Turpitude, Julia Simon-Kerr

Julia Simon-Kerr

This Article gives the first account of the moral turpitude standard, tracing its history from the early American law of defamation to evidence law, where it has been used for witness impeachment, and then to legal areas as diverse as voting rights, juror disqualification, professional licensing, and immigration law, where it is used as a collateral sanctioning mechanism. "Moral turpitude" was formalized as a legal standard by common law courts seeking a manageable test for slander per se. As the standard spread and was appropriated for use in other fields, it functioned as a standard that purported to judge character …

Aliens, Pilgrims, And Solidarity: Reflections In The Mirror, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Rebecca Sharpless

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys — nonprofit attorneys who focus on helping individuals in civil cases — sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women’s work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to …

Administrative Law Through The Lens Of Immigration Law, Jill Family

Jill E. Family

Immigration Sanctuary Policies: Constitutional And Representative Of Good Policing And Good Public Policy, Bill Hing

Bill Ong Hing

Sanctuary ordinances or policies that constrain local authorities from assisting in federal immigration enforcement do not receive the same political and media attention as anti-immigrant laws enacted by states and local governments. In the political struggle over the rights of undocumented immigrants in the United States, the greater media and political focus on anti-immigrant measures, such as Arizona’s S.B. 1070 and similar policies in cities like Hazleton, Pennsylvania, and Farmers Branch, Texas, is understandable.

With much less fanfare, the legality of sanctuary policies also has been challenged. In this article I review the case law that specifically has involved the …

Guest Contributor, Immigrationprof Blog (2012), Anil Kalhan

Anil Kalhan

No abstract provided.

Ch. Vii, Acess To Legal Services. Aba Civil Immigration Detention Standards, Kate Jastram

Kate Jastram

No abstract provided.

My Foia Complaint On Deferred Action Cases At Ice, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.

Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman

John C. Eastman

Representative Service, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Data From Ice On Deferred Action, Fall 2012, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.