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The Executive Right To Lease After Kcm Financial Llc V. Bradshaw And A Louisiana Solution To A Texas Problem., Christopher S. Kulander 2017 St. Mary's University

The Executive Right To Lease After Kcm Financial Llc V. Bradshaw And A Louisiana Solution To A Texas Problem., Christopher S. Kulander

St. Mary's Law Journal

Abstract Forthcoming.


No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael McCann 2017 St. Mary's University

No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann

The Scholar: St. Mary's Law Review on Race and Social Justice

In the context of fulfilling civic duties as a citizen, accessibility to language assistance programs ensures every individual, including those with limited English proficiency (LEP), is afforded the opportunity to exercise their fundamental rights. Preservation of the integrity of the justice system must be provided in a comprehensive manner, not merely in one part of the legal proceedings or isolated to one part of the courthouse. LEP citizens should be integrated in public society, not disqualified from it. Statutes that create overly burdensome language proficiency standards create problems with the jury selection process. These standards limit and often deny LEP …


United States V. Mcintosh: Ninth Circuit Limits Federal Prosecutors From Spending To Enforce Marijuana Laws In Medicinal States., Daniel Haley 2017 St. Mary's University

United States V. Mcintosh: Ninth Circuit Limits Federal Prosecutors From Spending To Enforce Marijuana Laws In Medicinal States., Daniel Haley

St. Mary's Law Journal

Abstract Forthcoming.


Tx Rice V. Denbury., Thomas Alan Zabel 2017 St. Mary's University

Tx Rice V. Denbury., Thomas Alan Zabel

St. Mary's Law Journal

Abstract Forthcoming.


Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On., Allison R. Ebanks 2017 St. Mary's University

Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On., Allison R. Ebanks

St. Mary's Law Journal

Abstract Forthcoming.


How Whiteness Is Preserved: The Racialization Of Immigrants & Assimilation In Education, Hadiel Mohamed 2017 SIT Graduate Institute

How Whiteness Is Preserved: The Racialization Of Immigrants & Assimilation In Education, Hadiel Mohamed

Capstone Collection

This research aims to answer how educators can incorporate ethnic/racial identity development in the classroom for youth of color who are driven to pursue Whiteness. This quest begins by understanding Whiteness and its role within ethnic/racial identity and educational systems. The societal avoidance of discussing race furthers the perpetuation of Whiteness as the norm and removes the value of marginalized histories and voices. We can witness the preservation of Whiteness through immigration laws, the void of ethnic/racial identity exploration in schools, and the mono-cultured representation in classrooms. Therefore, this research explores assimilation and the racialization of immigrants through a macro-, …


Introduction, Brandt Goldstein 2017 New York Law School

Introduction, Brandt Goldstein

Articles & Chapters

No abstract provided.


Human Trafficking And Refugee Law, Vladislava Stoyanova 2016 Lund University

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.


Zone Of Nondeference: Chevron And Deportation For A Crime, 2016 Selected Works

Zone Of Nondeference: Chevron And Deportation For A Crime

Rebecca Sharpless

The U.S. Supreme Court lacks a jurisprudence for when courts should defer to immigration agency interpretations of civil removal statutes that involve criminal law terms or otherwise require analysis of criminal law. This Article represents a first step toward such a jurisprudence, arguing for an expansive principle of nondeference in cases involving ambiguity in the scope of crime-based removal statutes. The zone of nondeference includes not only statutes like the aggravated felony provision that have both civil and criminal application, but all removal grounds premised on a crime. The animating principles of Chevron U.S.A., Inc. v. Natural Resources Defense Council, …


Redefining Particularly Serious Crimes In Refugee Law, 2016 Selected Works

Redefining Particularly Serious Crimes In Refugee Law

Mary Holper

This article explores the term “particularly serious crime (“PSC”),” which is a bar to refugee protection under both U.S. and international law. I examine the evolution of the PSC bar to refugee protection in U.S. law, which, since its introduction in 1980, has broadened to sweep in numerous crimes, leaving many noncitizens vulnerable to deportation without any consideration of their claims to refugee protection. I propose a PSC definition that includes only violent crimes, i.e., those involving actual or threatened physical injury to a person, where the noncitizen served a significant sentence, i.e., five years. The PSC bar exists to …


On Normative Effects Of Immigration Law.Pdf, Emily Ryo 2016 University of Southern California

On Normative Effects Of Immigration Law.Pdf, Emily Ryo

Emily Ryo

Can laws shape and mold our attitudes, values, and social norms, and if so, how do immigration laws affect our attitudes or views toward minority groups?  I explore these questions through a randomized laboratory experiment that examines whether and to what extent short-term exposures to anti-immigration and pro-immigration laws affect people’s implicit and explicit attitudes toward Latinos.  My analysis shows that exposure to an anti-immigration law is associated with increased perceptions among study participants that Latinos are unintelligent and law-breaking.  In contrast, I find no evidence that exposure to pro-immigration laws promoted positive attitudes toward Latinos.  Taken together, these results …


The Promise Of A Subject-Centered Approach To Understanding Immigration Noncompliance, Emily Ryo 2016 University of Southern California

The Promise Of A Subject-Centered Approach To Understanding Immigration Noncompliance, Emily Ryo

Emily Ryo

Unauthorized immigrants and immigration enforcement are once again at the center of heated public debates and reform agendas. This paper examines the importance of applying a subject-centered approach to understanding immigration noncompliance and to developing effective, ethical, and equitable immigration policies. In general, a subject-centered approach focuses on the beliefs, values, and perceptions of individuals whose behavior the law seeks to regulate. This approach has been widely used in non-immigration law contexts to produce a richer and more nuanced understanding of legal noncompliance. By contrast, the subject-centered approach has been an overlooked and underappreciated tool in the study of immigration …


Fostering Legal Cynicism Through Immigration Detention, Emily Ryo 2016 University of Southern California

Fostering Legal Cynicism Through Immigration Detention, Emily Ryo

Emily Ryo

Every year, tens of thousands of noncitizens in removal proceedings are held and processed through an expanding web of immigration detention facilities across the United States. The use of immigration detention is expected to dramatically increase under the Trump administration’s mass deportation policy. I argue that this civil confinement system may serve a critical socio-legal function that has escaped the attention of policymakers, scholars, and the public alike. Using extensive original data on long-term immigrant detainees, I explore how immigration detention might function as a site of legal socialization that helps to promote or reinforce widespread legal cynicism among immigrant …


The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila-Ruhaak 2016 John Marshall Law School

The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

No abstract provided.


Rescinding Daca: More Than Just The Dreamers, Craig B. Mousin 2016 DePaul University

Rescinding Daca: More Than Just The Dreamers, Craig B. Mousin

Craig B. Mousin

No abstract provided.


The Bible: The Perfect Primer On Immigration Law For Senator Sessions,” Chicago Theological Seminary, Craig B. Mousin 2016 DePaul University

The Bible: The Perfect Primer On Immigration Law For Senator Sessions,” Chicago Theological Seminary, Craig B. Mousin

Craig B. Mousin

... But what would Senator Sessions advocate if his Bible was not available to guide his decisions? I suggest a simple thought experiment. What if the immigration law that he has so energetically advocated held force during biblical times? What if the biblical protagonists were subject to these civil and criminal restrictions? Some might be barred and others deported from the land prior to engaging in the activity that then became part of not only the biblical narrative, but western culture....

Rev. Mousin is the author of “You Were Told to Love the Immigrant, But What if the Story Never …


Pasadena Unified Sd Sanctuary Resolution, 2016 University of California, Irvine School of Law

Pasadena Unified Sd Sanctuary Resolution

Subfederal Government Responses

No abstract provided.


Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw 2016 CUNY Hunter College

Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw

Theses and Dissertations

This paper investigates whether receiving in-state tuition benefits effects the academic performance of non-citizen students attending Texas public state-universities. Using data from the Texas Higher Education Opportunity Project, it examines the effect of the HB-1403 policy on contributing factors affecting academic performance of non-citizen students.


Cadoe Superintendent Letter Sanctuary Schools, 2016 University of California, Irvine School of Law

Cadoe Superintendent Letter Sanctuary Schools

Subfederal Government Responses

No abstract provided.


The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer III 2016 Louisiana State University Law Center

The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii

Louisiana Law Review

The article explores the relationship between national security and immigration law in the U.S. with the legal framework of immigration law including provisions of the Immigration and Nationality Act and the need of protecting the borders, population control, and the essence of the rule of law.


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