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Full-Text Articles in Law
Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick
Seattle University Law Review
This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …
Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter
Georgia Journal of International & Comparative Law
No abstract provided.
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Touro Law Review
No abstract provided.
Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides
Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides
Georgia Journal of International & Comparative Law
No abstract provided.
Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale
Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale
Georgia Journal of International & Comparative Law
No abstract provided.
The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, R. Linus Chan
The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, R. Linus Chan
Pace Law Review
Part I of this Article discusses the limitation of the pre-emption doctrine on state self-deportation laws. Part II discusses a short history of the Supreme Court’s application of the right to travel. Part III explains why the lack of federal authorization or immigrant status does not exclude people from the right to travel’s protection. Part IV discusses how the right to travel relates to citizenship and how the undocumented may exercise what has been described as a privilege or immunity of citizenship. Finally, Part V examines how the current state-based “self-deportation” immigration laws violate the right to travel.
Asylum Discord: Disparities In Persecution Assessments, Scott Rempell
Asylum Discord: Disparities In Persecution Assessments, Scott Rempell
Nevada Law Journal
No abstract provided.
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
Florida State University Law Review
Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …
"But My Attorney Didn't Tell Me I'D Be Deported!"--The Retroactivity Of Padilla, Tara M. Breslawski
"But My Attorney Didn't Tell Me I'D Be Deported!"--The Retroactivity Of Padilla, Tara M. Breslawski
Touro Law Review
No abstract provided.
Are You Satisfied With Your Representation?--The Sixth Amendment Right To Effective Assistance Of Counsel, Dean M. Villani
Are You Satisfied With Your Representation?--The Sixth Amendment Right To Effective Assistance Of Counsel, Dean M. Villani
Touro Law Review
No abstract provided.
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
University of Colorado Law Review
No abstract provided.