Digital Commons Network^™

Reaching Communities And Serving People: Assessing Utah's Legal Needs, Pamela Beatse J.D, Scotti Hill J.D, Keenan Carroll J.D., Hannah Kiely M.A

Utah Conference on Community Engagement

"Utah Legal Services (ULS) conducted a comprehensive legal needs assessment in 2024 to gather the necessary data and information to better meet its mission of providing high-quality civil legal aid without cost to people who are unable to afford legal representation or are facing disadvantages. Using the combination of an online survey, a series of focus groups throughout the Wasatch front, individual or group interviews, and several community soundboards, ULS conducted a broad, statewide survey. We connected with representatives, organizations, advocates, case managers, and leaders in the community as well as with client-eligible Utahns and ULS staff. This process allowed …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

From 180 To 30: A Case For Shortening The Asylum Ead Clock, Faith Hegstad

Immigration Law Blog

This article explores the challenges posed by the mandatory 180-day wait for work authorization for asylum applicants in the United States, and evaluates the potential solutions offered by the Asylum Seeker Work Authorization Act and the ASPIRE Act. Although these proposed bills have expired, this article posits that Congress should pass future bills modeled after either the ASPIRE Act, the House version of the Asylum Seeker Work Authorization Act, or both.

Changemakers: Tracy Harper: Juris Doctorate: A Pioneer In The Provision Of Immigration Legal Services 03-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

P*Law 2025, Center For Public Service Law

2024–2025 Flyers

This document outlines the full schedule for Cardozo Law School’s 2025 P*LAW Week, hosted by the Center for Public Service Law. Held from January 27 to January 30, the week featured a variety of panels, workshops, and student-led presentations on topics such as reproductive justice, housing, LGBTQ+ immigration, international human rights, labor law, and social justice. Events included guest speakers from leading advocacy organizations, mock interviews, and internship prep sessions, all designed to engage students in public interest law and foster professional development.

The Cardozo Center For Public Service Law Invites You To: P*Law 2025, Cardozo Center For Public Service Law

2025 Event Invitations

Cardozo's commitment to public service is highlighted every January during Public Interest Law Advocacy Week (P*LAW), a series of events that includes daily panels and workshops featuring inspiring conversations about the practice of public interest law. Join us for P*LAW 2025, which will feature panels discussing immigration, LGBTQ+ rights, reproductive freedom, human rights, labor relations, and more.

Corporate Governance Speech, Sarah C. Haan

Seattle University Law Review

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Seattle University Law Review

A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.

Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …

Reimagining The Asylum Law In India: A Study On The Duty Of Of Non-Refoulement, Siddeeqa Iram

National Law School of India Review

The right of refugees to seek asylum is undisputedly provided by international instruments but traditionally, the right to grant asylum has been the prerogative of the state concerned. States have a duty of non-refoulement under Article 33 of the Refugee Convention, prohibiting the expulsion or return of refugees. Given the correlation between International Human Rights Law and International Refugee Law, non-refoulement comprises non-rejection at the frontiers as well. Despite the principle being a part of customary international law, due to the ambiguity prevailing in its application, it is constantly flouted by the member-states. Further, as the principle of non-refoulement includes …

A Call For Trained, Trauma-Informed Attorneys To Represent And Support Unaccompanied Children In Removal Proceedings By Petitioning For Special Immigrant Juvenile Status, Will Sheehan

Roger Williams University Law Review

No abstract provided.

Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Faculty Scholarship

Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants’ criminal history. Many individuals in crime-based removal proceedings are immigrants of color who face a host of legal disadvantages that are tantamount to double penalties for the same crime for which they have already been punished through the criminal justice system. This Article offers, for the first time, systematic empirical analyses of crime-based removal proceedings decided between …

Derailing Deportation Through State Legislation, Stacy Caplow

University of San Francisco Law Review

No abstract provided.

Fact-Finding Is An Immigration Lawyer's Job: The Importance Of Working One-On-One With Clients In Asylum Cases, Jacqueline Marie Brown

University of San Francisco Law Review

No abstract provided.

No Conozco A Ninguna Miranda Y Quiero Mi Abogado: The Constitutional Inadequacies Of Translated “Miranda Cards” In Police Interrogations, Sean Werkheiser

University of Miami Inter-American Law Review

This article explores the challenges and complexities surrounding the application of the Miranda warning in the United States and specifically addresses its impact on non– English–speaking immigrants. While many Americans are familiar with these rights, recent immigrants may not fully understand them, particularly if they come from countries that do not offer equivalent legal protections. This article performs a comparative analysis of the right to silence and counsel in Cuba, Haiti, and Colombia—three countries with the largest immigrant populations in Miami, FL. Furthermore, this article examines how Miami-Dade Police address the linguistic barriers inherent in translated “Miranda Cards,” and argues …

Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution

Brookings Mountain West Special Events

Mexico’s president-elect Claudia Sheinbaum will begin her six-year term in October as the U.S. presidential campaign enters its final stretch. How the next U.S. administration and Congress manage relations with new leadership in Mexico will affect border security, immigration policies, trade and energy relations, and counter-narcotics and anti-crime cooperation. What tools can policymakers in both countries use to advance positive outcomes? What are the opportunities and challenges that lie ahead for the United States and Mexico?

The Brookings Foreign Policy program in partnership with Brookings Mountain West at UNLV hosted a discussion on the state of U.S.-Mexico relations. Panelists analyzed …

Human Trafficking Screening Tools Amongst Migrants And Refugees: Current Tools And Future Outlooks, Audra Fox

Student Theses

While various human trafficking screening tools exist to help stakeholders identify indicators and risk of trafficking, few tools are designed specifically for use amongst migrants and refugees. Via interviews with anti-trafficking stakeholders, the following qualitative study describes what tools stakeholders currently use to asses trafficking amongst migrants and refugee, and if stakeholders desire a new tool specific for migrant/refugee populations. Thematic results indicate that most stakeholders are not using validated tools for trafficking victims, let alone migrants and refugees (n=5, 38.5%). Of the total sample, 62% of participants (n=8) reported various screening discrepancies across stakeholders. Additionally, …

Advancing The Due Process Right To Appointed Counsel In Immigration Removal Proceedings, Chloe Schalit

Refugee Law & Migration Studies Brief

Right now, noncitizens only have the right to an attorney if they can afford one. While courts have grappled with the inherent due process issue accompanying this standard, no court has held that noncitizens have the right to a government- appointed attorney. This paper promotes the provision of government-appointed attorneys to noncitizens in removal proceedings in immigration court under a due process lens. This paper will first briefly examine the difference between criminal and civil matters related to the Sixth Amendment right to an appointed attorney. Next, the paper will engage in a Fifth Amendment due process analysis, ultimately concluding …

The Subfederal In Immigration Polarization, Huyen Pham, Pham Hoang Van

Faculty Scholarship

The framing of subfederal immigration regulation as a red- blue divide is conventional wisdom. As more states, cities, and counties have engaged in the regulation of immigrants within their jurisdictions, it is not particularly surprising to see deep-red states like Texas enacting laws that restrict the rights of immigrants in their jurisdictions (e.g., requiring police within the state to honor detainers issued by United States Immigration and Customs Enforcement (ICE)) or deep-blue states like California enacting laws that protect immigrants’ rights (e.g., issuing driver’s licenses without requiring proof of lawful immigration status).

Rather than only reflecting national polarization on immigration …

Impacting Queer Trans-Migrations In Mexico: A Case Study Of Civil Society Organization Casa Frida Refugio Lgbt+, Leticia Morales

Master's Theses

Mexico has historically been known as an emigration or transit country. In this context, civil society organizations have played pivotal roles in addressing the voids in support for migrants. Among these organizations, Casa Frida Refugio LGBT stands out as a significant service provider, specifically for LGBT+ migrants. This study engages in a qualitative case study analysis of the organization Casa Frida, drawing from interviews conducted with nine LGBTQ+ migrants and refugees, personal observations, and Casa Frida’s website and social media accounts. The research seeks to answer two central questions: Firstly, what role does an LGBT+ specific service provider like Casa …

Human Trafficking: Foreign National Adolescent Survivors In The United States, A Call To Expand Otip Eligibility Letters, Ailleene L. Maldonado

Master's Theses

The Office of Trafficking in Persons grants child eligibility letters to foreign national minors who have been confirmed victims of trafficking. These OTIP Eligibility Letters provide recipients with public benefits to the same extent as a refugee but do not grant protection from removal or pathways towards legal permanent residence. Additionally, many OTIP recipients have unaccompanied minor status in the United States. In order to capture the experience of OTIP recipients, this research explores existing literature on trafficking trauma and migration stressors/ trauma. Additionally, this research identifies international and national legal frameworks to define trafficking and acknowledge the responsibility that …

Questioning The Legitimacy Of The Expedited Removal Process – The Tall Task Of Protecting The Constitutional Rights Of One Of America’S Most Marginalized Groups, Jacob J. Bourquin

Cleveland State Law Review

This Note explores the origin and development of 8 U.S.C. § 1225—a heavily debated facet of the United States’ immigration law. Section 1225, colloquially referred to as the “expedited removal process,” has been interpreted to permit low-level immigration officers to summarily remove certain “arriving” noncitizens from the United States without affording them the procedural due process protections guaranteed under the Fifth Amendment of the United States Constitution to all individuals present in the United States. This Note posits that the current interpretation of § 1225, particularly the interpretation of “is arriving,” and application of the expedited removal process is inconsistent …

The Reconfiguration Of The Spanish-Moroccan Border Regime: The Impact Of The 2021 Diplomatic Border Crisis, Shayra Nunez

Independent Study Project (ISP) Collection

The paper focuses on the relationship between Morocco and Spain, particularly those affecting migration control at the border in the autonomous cities of Ceuta and Melilla. The research question is: how do the events of May 2021 (the unauthorized opening of the border by Morocco) impact migration control practices in Ceuta and Melilla, and what are the implications for Spanish-Moroccan operational cooperation? The unauthorized opening of the border is conceptualized as a “diplomatic border crisis,” which is also a main contribution of this paper. The study analyzes this incident, which has impacted the border regime and led to changes in …

Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.

Aligning United States Law With International Norms Would Remove Major Barriers To Protection In Gender Claims, Karen B. Musalo Prof.

Faculty Scholarship

The protection of women and girls fleeing gender-based harms has been controversial in the United States (US), with advances followed by setbacks. The US interpretation of particular social group and its nexus analysis, both of which diverge from guidance by the United Nations High Commissioner for Refugees (UNHCR), is the most significant barrier to protection. It has become almost impossible for women and girls to rely upon the particular social group ground because of current requirements that social groups not only be defined by immutable or fundamental characteristics, but also be socially distinct and have particularity. Establishing nexus is also …

Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan

Marquette Law Review

This Article makes a significant contribution to scholarship on asylum

law by identifying and calling for the abolition of a deadly (but unexplored)

development in asylum law: per se reporting requirements. In jurisdictions

where they apply, per se reporting requirements automatically bar protection

to asylum seekers solely because they did not report their non-state persecutors

(such as cartels or domestic abusers) to the authorities before fleeing, even

where reporting would have been futile or dangerous. These requirements

similarly provide no exception where law enforcement openly support an

applicant’s persecutor.

This Article demonstrates that even though per se reporting requirements

have …

Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz

Dissertations, Theses, and Capstone Projects

This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …

P*Law 2024, Center For Public Service Law

2023–2024 Flyers

This document outlines the full schedule for P*LAW Week 2024 at Cardozo School of Law, hosted by the Center for Public Service Law. Held from January 29 to February 1, the week featured panels, workshops, and student-led presentations on critical public interest topics, including immigration, incarceration, housing justice, student debt, reproductive rights, and exoneration. With contributions from legal professionals, alumni, faculty, and students, the events provided education, mentorship, and career development opportunities for those pursuing paths in public interest law.

Opting Out Of The Exception: Washington’S Opportunity To Provide Due Process For Detained Immigrants, Ryan Saunders

Seattle Journal for Social Justice

No abstract provided.