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Immigration, Association, And The Family, Matthew J. Lister 2010 Univ of Penn Law School

Immigration, Association, And The Family, Matthew J. Lister

Faculty Scholarship

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why ...


Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García 2010 ITESM Campus Puebla

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.


A Review Of Making People Illegal: What Globalization Means For Migration And Law, By Catherine Dauvergne, Andy Williams 2010 Indiana University Maurer School of Law

A Review Of Making People Illegal: What Globalization Means For Migration And Law, By Catherine Dauvergne, Andy Williams

Indiana Journal of Global Legal Studies

No abstract provided.


Constraint Through Delegation: The Case Of Executive Control Over Immigration Policy, Cristina M. Rodriguez 2010 NYU School of Law

Constraint Through Delegation: The Case Of Executive Control Over Immigration Policy, Cristina M. Rodriguez

New York University Public Law and Legal Theory Working Papers

This Article proposes recalibrating the separation of powers between the political branches in the context of their regulation of immigration law’s core questions: how many and what types of immigrants to admit to the United States. Whereas Congress holds a virtual monopoly over formal decisionmaking, the executive branch makes de facto admissions decisions using its discretionary enforcement power. As a result of this structure, stasis and excessive prosecutorial discretion characterize the regime, particularly with respect to labor migration. Both of these features exacerbate pathologies associated with illegal immigration and call for a structural response. This Article contends that Congress ...


Building Capacity For The Transnational Regulation Of Migration, Cristina M. Rodriguez 2010 NYU School of Law

Building Capacity For The Transnational Regulation Of Migration, Cristina M. Rodriguez

New York University Public Law and Legal Theory Working Papers

Two significant conceptual errors frame the public debate concerning labor migration and the related phenomenon of illegal immigration. First, the immigration debate occurs largely within a domestic political framework, and the assumption that the United States can address immigration issues, particularly illegal immigration, through the perfection of domestic enforcement mechanisms pervades the discourse. But migration is inherently international, and its management requires engagement with other governments and with social facts beyond U.S. control. Second, the rhetorical emphasis placed on “fixing” our broken regime reflects a conception of immigration as a problem to be solved. But migration is a cross-border ...


A Review Of Peter Spiro's Beyond Citizenship: American Citizenship After Globalization, Cristina M. Rodriguez 2010 NYU School of Law

A Review Of Peter Spiro's Beyond Citizenship: American Citizenship After Globalization, Cristina M. Rodriguez

New York University Public Law and Legal Theory Working Papers

In Beyond Citizenship, Peter Spiro offers a bracing account of how citizenship has lost its meaning in a globalized world, as the result of forces from within (the tolerance of dual citizenship and the ease of naturalization) and forces from without (the proliferation of transnational identities and the adoption of American culture abroad). Spiro beautifully and clearly analyzes how globalization has shaped our citizenship practices in a way that diminishes the institution's ability to define a coherent political community, but he has not made the case that U.S. citizenship no longer has great significance as a legal status ...


Cubans, ¡Si!; Haitians, ¡No!: U.S. Immigration Policy, Cultural Politics, And Immigrant Eligibility, Michele Zebich-Knos 2010 Kennesaw State University

Cubans, ¡Si!; Haitians, ¡No!: U.S. Immigration Policy, Cultural Politics, And Immigrant Eligibility, Michele Zebich-Knos

Journal of Global Initiatives: Policy, Pedagogy, Perspective

No abstract provided.


La Globalización De La Legislación Cambiaria, Bruno L. Costantini García 2010 ITESM Campus Puebla

La Globalización De La Legislación Cambiaria, Bruno L. Costantini García

Bruno L. Costantini García

No abstract provided.


A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco 2010 California Polytechnic State University - San Luis Obispo

A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco

Agribusiness

This study was conducted to define the current situation between contracted seasonal workers and farm labor contractors in the Stockton area. Specifically, this study focuses on the perception workers have of farm labor contracted employment. It also addresses the perception farm labor contractors have on the contracting business.

To gather the information needed to compare perceptions, interviews with twelve contracted seasonal workers and two farm labor contractors were conducted in Stockton. The analysis process consists of a detailed account of the problems workers and farm labor contractors encounter in the farm labor contracting business.

The results of these interviews concluded ...


Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon 2010 Macalester College

Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon

Political Science Honors Projects

In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.


Why The Prior Conviction Sentencing Enhancements In Illegal Re-Entry Cases Are Unjust And Unjustified (And Unreasonable Too), Doug Keller 2010 Boston College Law School

Why The Prior Conviction Sentencing Enhancements In Illegal Re-Entry Cases Are Unjust And Unjustified (And Unreasonable Too), Doug Keller

Boston College Law Review

This Article discusses an important federal sentencing issue that has received little scholarly attention, despite affecting thousands of lives each year: the harsh prior conviction sentencing enhancements that defendants can receive in illegal re-entry cases—and only in illegal re-entry cases. The Sentencing Commission created the enhancement through a perfunctory process that radically altered illegal re-entry sentencing, shifting the focus at sentencing from the illegal re-entry offense to the status of the defendant’s worst prior conviction. The result is a scheme where the length of the sentence many illegal re-entry defendants receive hinges on what they previously did—sometimes ...


Rethinking Immigration Detention, Anil Kalhan 2010 Drexel University School of Law; University of California, Berkeley, School of Law

Rethinking Immigration Detention, Anil Kalhan

Anil Kalhan

In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the point ...


Clark Memorandum: Spring 2010, J. Reuben Clark Law Society, BYU Law School Alumni Association, J. Reuben Clark Law School 2010 Brigham Young University Law School

Clark Memorandum: Spring 2010, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez 2010 ITESM Campus Puebla

Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez

Bruno L. Costantini García

Introducción a la regulación de la protección de datos personales en México.


Polarisations In The World-System, Nicos Trimikliniotis 2010 University Nicosia & Symfiliosi

Polarisations In The World-System, Nicos Trimikliniotis

Nicos Trimikliniotis

The project led by Immanuel Wallerstein’s which is re-examining various aspects/dimensions of polarisations over the last 500 years is a fascinating and ambitious project: ten aspects of the transformations/trends over this long period were chosen in order to examine how matters have been transformed during this time in the core, semi-periphery and periphery of the world-system. The broad themes are the following: wealth; deruralization; urbanization; state power; citizenship’; enterprises; ecology; gender; cultural practices and deviance. Not all papers are so far at the same level of advancement but they will promise to be so in a year ...


Gauging Deviance: Capitalist Modernity, Deviance And Human Progress, Nicos Trimikliniotis 2010 University Nicosia & Symfiliosi

Gauging Deviance: Capitalist Modernity, Deviance And Human Progress, Nicos Trimikliniotis

Nicos Trimikliniotis

This is a paper which consists of extracts from a draft paper co-authored by Ari Sitas, Sumangala Damodaran, Wiebke Keim and Nicos Trimikliniotis. The draft is 81 pages long but I have included here only a 7 page long document. It will take at least two forms: a short part 6000 words for the book edited by Immanuel Wallerstein in Polarisations in the World-system and a full-fledged co-authored book. The cluster Gauging the Cycles of Deviance is headed by Ari Sitas for the proposes of the project on Polarisations led by Immanuel Wallerstein: the idea us to re-examine various aspects ...


We Must Begin To View The World Differently: Only Then Perhaps We Can Change It!, Nicos Trimikliniotis 2010 University Nicosia & Symfiliosi

We Must Begin To View The World Differently: Only Then Perhaps We Can Change It!, Nicos Trimikliniotis

Nicos Trimikliniotis

This is an interview with Ana Esther Ceceña, researcher/professor in geopolitics, National Autonomous University of México, Director of the Geopolitics Latinamerican Observatory, in Lisbon, Portugal. She presented her paper for the Project on Polarisation in the last 500 years led by Immanuel Wallerstein, where she examines ecology, indigenous peoples and movements in March 2010.


Presidential Promises And The Uniting American Families Act: Bringing Same-Sex Immigration Rights To The United States, Sara E. Farber 2010 Boston College Law School

Presidential Promises And The Uniting American Families Act: Bringing Same-Sex Immigration Rights To The United States, Sara E. Farber

Boston College Third World Law Journal

Binational same-sex couples in the United States all too often face a difficult reality. Due to discriminatory immigration laws, which prevent United States citizens from sponsoring their same-sex partners for permanent residence, same-sex couples must choose between deportation and separating their families. The Uniting American Families Act, however, offers a remedy to this unacceptable inequality. Yet the Act currently does not have the congressional support it needs to pass. This Note argues that President Obama, as the country’s Executive, should use his “bully pulpit” to inspire the Act’s passage. Specifically, this Note examines the manifestation and extent of ...


Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers 2010 St. John's University School of Law

Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers

Boston College Third World Law Journal

DNA technology revolutionized criminal law, family law and trust and estates practice. It is now revolutionizing immigration law. Currently the Department of Homeland Security does not require DNA tests, but it recommends these tests when primary documentation, such as marriage licenses, birth certificates and adoption papers are not available to prove the relationship between the U.S. citizen petitioner and the beneficiary who is seeking permanent resident status in the United States. DNA tests are attractive to the government as a result of administrative convenience and as a means of countering fraud, but adoption of a wholesale policy of DNA ...


E-Verify: An Exceptionalist System Embedded In The Immigration Reform Battle Between Federal And State Governments, Shelly Chandra Patel 2010 Boston College Law School

E-Verify: An Exceptionalist System Embedded In The Immigration Reform Battle Between Federal And State Governments, Shelly Chandra Patel

Boston College Third World Law Journal

The immigration debate has proven to be fertile ground for promoting exceptionalist practices, where certain groups of people are isolated from the rest of the population and regarded as a subclass. The federal electronic employment verification system, E-Verify, is a prime example of such a practice. Passed under the Procurement Act, the goal of E-Verify was to promote efficiency and economy in government procurement. Unfortunately, the system falls far short of these goals because of problems inherent in the electronic database and increased state involvement over immigration reform. E-Verify is often criticized as unreliable because it relies on inaccurate databases ...


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