Compassionate Immigration Reform, 2011 Seattle University School of Law
Compassionate Immigration Reform, Steven W. Bender
Ideals of comprehensive immigration reform have been co-opted by advocates of border and internal security and enforcement, leaving behind our aspirations as a compassionate nation of immigrants. Mindful of the tension between blind adherence to the rule of law and the goal of empathetic immigration policy, I suggest a reframing of comprehensive immigration reform as compassionate reform and sketch the details of this transformative policymaking approach.
Focusing on the life-threatening journey of undocumented immigrants and the perils they and their families face once inside the United States, I argue for a time-out on deaths at the border and on workplace ...
Faces Of Immigration Reform, 2011 Seattle University School of Law
Faces Of Immigration Reform, Steven W. Bender
Recognizing the need for a sympathetic construction of immigrants as a precursor to comprehensive immigration reform that goes beyond enforcement prerogatives, this article surveys the various “faces” of immigration reform - both of advocates for progressive reform and the potentially sympathetic group images they wield. The article concludes that no image - whether of undocumented workers generally, farm laborers, immigrant children and Dreamers, or undocumented veterans - is poised to garner sympathy from voters and policymakers, particularly against the backdrop of the current economic crisis. Reform may hinge, then, on interest convergence so powerful that it transcends the prevailing negative portrayals of immigrants ...
Masthead, 2011 University of Pennsylvania Law School
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Rethinking Indirect Victim Eligibility For U Non-Immigrant Visas To Better Protect Immigrant Families And Communities, 2011 University of Tulsa, College of Law
Rethinking Indirect Victim Eligibility For U Non-Immigrant Visas To Better Protect Immigrant Families And Communities, Elizabeth Mccormick
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Helping Haiti In The Wake Of Disaster: Law Students As First Responders, 2011 University of Miami School of Law
Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman
No abstract provided.
Denying Relief To The Persecutor: An Argument In Favor Of Adopting The Dissenting Opinion Of Negusie V. Holder, 44 J. Marshall L. Rev. 559 (2011), Tasha Wiesman
The John Marshall Law Review
No abstract provided.
Convergences And Divergences In International Legal Norms On Migrant Labor, 2011 Cornell Law School
Convergences And Divergences In International Legal Norms On Migrant Labor, Chantal Thomas
Cornell Law Faculty Publications
This essay will argue that even where disparate treaties converge doctrinally, they may diverge normatively and that normative divergence may be significant in its own right. Section I of this essay seeks to chart out an initial such analysis, conducting a concise comparison of particular rules affecting migrant workers from different realms of international law. Section I concludes with both a graphic representation of doctrinal convergences and divergences, and a further discussion the doctrinal relationships among treaties as elucidated through consideration of hypothetical legal disputes.
Section II considers the normative implications of divergent rule systems. In particular, Section II raises ...
The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, 2011 Indiana University Maurer School of Law
The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, Alfred C. Aman, Graham Rehrig
Articles by Maurer Faculty
This article applies a global perspective to immigration in the United States, focusing in particular on law’s role in the integration of immigrants into U.S. society. The global perspective illuminates the relationship of immigration to other forms of transnationalism, as well as to the situation of non-immigrant minorities and the working poor. We review the history of immigration law in the United States as well as the main elements of current debate. Drawing on the Constitution’s guarantees of equal protection, as well as the preemption doctrine, we suggest specific ways in which immigration law might optimally evolve ...
Tale Of Two Policies: A Defense Of China's Population Policy And An Examination Of U.S. Asylum Policy, 2011 Cleveland State University
Tale Of Two Policies: A Defense Of China's Population Policy And An Examination Of U.S. Asylum Policy, Mona Ma
Cleveland State Law Review
The U.S. asylum law presents a distorted view of China's policy to the world and unfairly taints China's image in the international arena. It also undermines the effectiveness of the policy by encouraging Chinese citizens to break the law. This article advocates the repeal of IIRAIRA § 601 by demonstrating that China's population policy is a necessary and responsible social policy. Part II gives a brief history of the U.S. asylum law relating to China's population policy, including the pre-1996 court split on whether to grant Chinese nationals asylum based on violations of China's ...
Opening The Floodgates Or Filing The Gap: Perdomo V. Holder Advances The Ninth Circuit One Step Closer To Recognizing Gender-Based Asylum Claims, 2011 Villanova University Charles Widger School of Law
Opening The Floodgates Or Filing The Gap: Perdomo V. Holder Advances The Ninth Circuit One Step Closer To Recognizing Gender-Based Asylum Claims, Jesse Imbriano
Villanova Law Review
No abstract provided.
The Right To Be Heard: Voicing The Due Process Right To Counsel For Unaccompanied Alien Children, 2011 Indiana University School of Law
The Right To Be Heard: Voicing The Due Process Right To Counsel For Unaccompanied Alien Children, Linda Kelly Hill
Boston College Third World Law Journal
Every year, the Department of Homeland Security detains thousands of unaccompanied alien children who have crossed the border into the United States. The framework set out in Lassiter v. Department of Social Services and Gideon v. Wainwright for all civil litigants creates a stumbling block in recognizing a constitutional right to counsel in the immigration context, but this Article argues that unaccompanied alien children do, in fact, have a constitutional right to counsel. Unaccompanied alien children are in unique circumstances and their right to counsel is three-fold. First, immigration law and procedure are complex and an unaccompanied child can effectively ...
Citizenship Under Fire: The Forging Of The New Americans, 2011 University of Maryland Francis King Carey School of Law
Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana
This essay reviews and critiques two new books on the debate over immigration and citizenship, Anna O. Law, The Immigration Battle in American Courts, and Ediberto Roman, Citizenship and Its Exclusions: A Classical, Constitutional, and Critical Race Critique. Law’s book takes a procedural approach to unraveling the complex immigration cases emanating from the U.S. courts of appeals and the U.S. Supreme Court. This essay challenges some of Law’s conclusions and suggests methodological alterations that may strengthen her key arguments. Roman’s book is distinct from Law’s in that it takes on a much broader historical ...
E.U. Accountability To International Law: The Case Of Asylum, 2011 University of Michigan Law School
E.U. Accountability To International Law: The Case Of Asylum, James C. Hathaway
In one of his later published works, Eric Stein wrote that "[a]s modern administrative state, transparency in the Union is essential not only to inform member state parliaments and electorates, but also to help form an all-European debate and public opinion that are required to sustain advanced integration."' In his usual prescient way, Professor Stein captured the dilemma of the European Union as it has shifted from an amalgam of states seeking consensus in a largely behind-closed-doors way to what many would see as an emerging federal state. With its undoubted ability to project power, will the European Union ...
The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010, 2011 New York Law School
The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010, Lenni B. Benson
Articles & Chapters
Judge Michael Daly Hawkins has been a member of the Ninth Circuit Court of Appeals since 1994; but he has been concerned with the forms and varieties of administrative or bureaucratic process his entire career. When he became a member of the federal judiciary, his role was clearly altered. However, his commitment to fairness and integrity in adjudication remained undiminished. This article will explore some of Judge Hawkins’s many immigration decisions, both majority and dissenting opinions, which reflect his commitment to the preservation of a due process.
The reality of immigration adjudication in the Ninth Circuit is that there ...
Examining The Reality Of Foreign National Child Victims Of Human Trafficking In The United States, 2011 University of Michigan Law School
Examining The Reality Of Foreign National Child Victims Of Human Trafficking In The United States, Bridgette A. Carr
Human traffickers prey on the vulnerabilities of other people. Poverty, lack of education, and language barriers are keys that human traffickers use to successfully exploit others. For foreign national children who have been trafficked in the United States, these same vulnerabilities are often ignored by the immigration system. From its inception, the Trafficking Victims Protection Act (TVPA) has been touted as a tool to combat grave human rights violations that affect children. In fact, the TVPA's legislative history is rife with stories, statistics, and anecdotes involving children-often young girls. The TVPA has always recognized the failure of a one-size-fits-all ...
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, 2011 Indiana University Maurer School of Law
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
Indiana Journal of Global Legal Studies
No abstract provided.
The "Illegal" Tax, 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law
The "Illegal" Tax, Francine J. Lipman
No abstract provided.
The Political Origins And Development Of Australia’S People Smuggling Legislation: Evil Smugglers Or Extreme Rhetoric?, Jack H. Smit
Theses: Doctorates and Masters
This thesis explores the Australian State response to the voyage facilitators of maritime asylum seekers, commonly known as ‘people smugglers’. It does so by examining a number of Parliamentary debates and previously confidential Cabinet papers. Negative depictions of asylum seekers and their voyage facilitators as well as the prevailing political discourse is critically explored while Parliamentary debates are analysed using Critical Discourse Analysis. The research questions the ways Australian legislators justified the criminalisation of these voyage facilitators and investigates whether political elites were sufficiently informed about the circumstances of maritime asylum seeker journeys and the unique nature of their travel ...
Constitutionalizing Immigration Law On Its Own Path, 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law
Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum
Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters ...
Workers' Compensation And Hoffman Plastic: Pandora's Undocumented Box, 2010 Saint Louis University - Main Campus
Workers' Compensation And Hoffman Plastic: Pandora's Undocumented Box, Oliver Beatty
Oliver T Beatty
The focus of this Comment is whether Hoffman Plastic, which was decided in regard to unionization and back pay, is properly applied when its rationale is utilized in litigation across the country by employers to preclude workers' compensation payments to injured undocumented workers. This Comment examines the rationale and policy from courts across the nation in determining whether Hoffman Plastic belongs in workers' compensation cases, when such an application has serious consequences for workplace safety and state police power. Part I of this Comment discusses the historical background of federal immigration and labor statutes examined in the Hoffman Plastic decision ...