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Full-Text Articles in Law
Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes
Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the possibility of permanent removal from the United States. These circumstances make the immigration system a unique case study for exploration of …
International Travel And The Constitution, Jeffrey D. Kahn
International Travel And The Constitution, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This Article makes the case for the fundamental right of U.S. citizens to leave their country and return home again. Surprisingly, Americans do not enjoy such a right. Under current Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process. The controversial No Fly List is one result. Another is a new rule that went into effect in February 2008, under which all travelers now require the express prior permission of the U.S. Government to board any aircraft or maritime vessel that will enter or leave …
Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez
Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez
Faculty Journal Articles and Book Chapters
This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their conclusions. In this regard, the article concludes that the courts generally exercised their discretion by taking a position on key issues against Mexican-Americans. The article points out that exposing the exercise of judicial discretion and the lack of inevitability in civil rights cases is important for two major reasons. At one level, exposing the exercise of judicial discretion is …