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Articles 1 - 3 of 3
Full-Text Articles in Law
Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul
Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul
University of Miami Inter-American Law Review
This Note was inspired by the questionable treatment of Haitian asylum seekers in Del Rio, Texas, where horseback U.S. officials charged at them using reins as whips, before immediately deporting them back to Haiti. The U.S. government justified its actions by claiming that Title 42 permits U.S. officials to prohibit the entry of individuals when there is a danger of introducing certain diseases, such as COVID-19. However, Title 42 conflicts with the United States’ codified commitment to the principle of non-refoulment, prohibiting it from returning certain refugees to a country where their life or freedom would be threatened. Accordingly, the …
Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet
Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet
University of Miami Inter-American Law Review
This Note was inspired by the U.S. Supreme Court’s decision in Sanchez v. Mayorkas. This decision put an end to the decade-long circuit split over whether a Temporary Protected Status (“TPS”) recipient, who entered the United States unlawfully, could still become a Lawful Permanent Resident (“LPR”). Since its inception, TPS holders have been denied an avenue to adjust their status despite their socioeconomic impact on the United States and every TPS-designated country. This Note will break down and analyze the decision in Sanchez v. Mayorkas through (1) the examination of the circuit split cases, (2) the analysis of TPS holder’s …
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
University of Miami Inter-American Law Review
In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government agency.