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Full-Text Articles in Law

Data From Ice On Deferred Action, Fall 2012, Shoba S. Wadhia Dec 2011

Data From Ice On Deferred Action, Fall 2012, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


The Immigration Prosecutor And The Judge Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia Dec 2011

The Immigration Prosecutor And The Judge Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. Absent from this scholarship is a serious examination of the judiciary’s role in immigration decisions involving prosecutorial discretion. I attribute this absence to both a silent concession that prosecutorial discretion decisions are automatically barred from judicial review because of the plain language of the Immigration and Nationality Act (INA); the judicial review “exceptions” in the Administrative Procedures Act (APA), and the cases that analyze these …


Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira Dec 2011

Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira

Aleksandra M de Medeiros Vieira

No abstract provided.


What Economic Impact Has Subfederal Immigration Regulation Had?, Huyen Pham Sep 2011

What Economic Impact Has Subfederal Immigration Regulation Had?, Huyen Pham

Huyen T. Pham

No abstract provided.


Paths To Citizenship, Michael Scaperlanda Aug 2011

Paths To Citizenship, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Various Entries, Daniel Kanstroom Aug 2011

Various Entries, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law, Shoba S. Wadhia Aug 2011

Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

Sharing Secrets: Examining Deferred Action and Transparency in Immigration Law

Abstract

This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative …


Unauthorized Immigration In The United States, Huyen Pham Jul 2011

Unauthorized Immigration In The United States, Huyen Pham

Huyen T. Pham

No abstract provided.


Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs May 2011

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …


Empirical Analysis Of Subfederal Immigration Regulation In The U.S., Huyen Pham Apr 2011

Empirical Analysis Of Subfederal Immigration Regulation In The U.S., Huyen Pham

Huyen T. Pham

No abstract provided.


Measuring The Climate For Immigrants In The United States: A State By State Analysis, Huyen Pham Mar 2011

Measuring The Climate For Immigrants In The United States: A State By State Analysis, Huyen Pham

Huyen T. Pham

No abstract provided.


Appointment: Elected To The American Law Institute, Vincent Rougeau Dec 2010

Appointment: Elected To The American Law Institute, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.


Framing Cultural Difference: Immigrant Women And Discourses Of Tradition, Leti Volpp Dec 2010

Framing Cultural Difference: Immigrant Women And Discourses Of Tradition, Leti Volpp

Leti Volpp

No abstract provided.


A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family Dec 2010

A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family

Jill E. Family

Immigration adjudication is ailing. A combination of problems within the administrative system and steady efforts to narrow the role of the federal courts has resulted in a system subject to much criticism. It is not unusual to find court of appeals judges describing the administrative adjudication system as dysfunctional.


"Registrations In The National Record Of Undesirable Foreigners And The Schengen Information System (Sis)" [Translated Title] - "Εγγραφή Και Διαγραφή Από Τον Εθνικό Κατάλογο Ανεπιθυμήτων Αλλοδαπών Και Το Σύστημα Πληροφοριών Σένγκεν" [Original Title], Eleni Karageorgiou Dec 2010

"Registrations In The National Record Of Undesirable Foreigners And The Schengen Information System (Sis)" [Translated Title] - "Εγγραφή Και Διαγραφή Από Τον Εθνικό Κατάλογο Ανεπιθυμήτων Αλλοδαπών Και Το Σύστημα Πληροφοριών Σένγκεν" [Original Title], Eleni Karageorgiou

Eleni Karageorgiou

The article takes a thorough look at the national legal framework concerning registrations in the National Record of Undesirable Foreigners and the Schengen Information System (SIS) within the context of the Schengen Agreement (1985) and the common rules adopted by the participating States. It analyzes the nature and implications of the actual administrative act of registration for foreign nationals in light of the pertaining domestic case law. A critical approach of the harmonization of Greek legislation to the Schengen rules is also being attempted.


Porous Borders And Creative Federalism: Is Arizona Rushing The United States Toward Immigration Reform?, Michael Scaperlanda Sep 2010

Porous Borders And Creative Federalism: Is Arizona Rushing The United States Toward Immigration Reform?, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Immigration Reform, Michael Scaperlanda Feb 2010

Immigration Reform, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Becoming An Immigration Lawyer, Jill Family Dec 2009

Becoming An Immigration Lawyer, Jill Family

Jill E. Family

This book is an essential resource for law students and lawyers interested in a career in administrative law. In the first half of the book, a national expert describes the field, and outlines your optimal entry strategies. The second half offers individual, personalized examples of the various career paths in administrative law, and details the demands and rewards of each. The "how-to" essays are authored by 19 of the leading law firm practitioners, government agency counsels, federal administrative law judges, non-profit group advocates and legal educators. In plain language, they open your eyes to the many rewarding careers that lie …


The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia Dec 2009

The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances. Yet there is a dearth of literature on the …


Responses To Those In Our Midst: A Debate On Illegal Immigration, Michael Scaperlanda, William Chip Jan 2009

Responses To Those In Our Midst: A Debate On Illegal Immigration, Michael Scaperlanda, William Chip

Michael A. Scaperlanda

No abstract provided.


Aliens Among Us: A Catholic Response, Michael Scaperlanda Jan 2009

Aliens Among Us: A Catholic Response, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Developments In The Immigration Courts, Jill Family Dec 2008

Developments In The Immigration Courts, Jill Family

Jill E. Family

This is the tenth in the annual series of volumes on Developments in Administrative Law and Regulatory Practice. This book describes and analyzes current developments in administrative law and regulatory practice, both by process, (e.g. judicial review and rulemaking), and by areas (i.e. particular areas of practice).


Immigration Law: A Primer, Michael Scaperlanda Dec 2008

Immigration Law: A Primer, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Exceptional Justice: A Discourse Ethical Contribution To The Immigrant Question, David Ingram Dec 2008

Exceptional Justice: A Discourse Ethical Contribution To The Immigrant Question, David Ingram

David Ingram

I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents (statutes, legislative committee reports, written judgments, etc.) but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is what can be exemplary - a law unto itself that best interprets and creatively extends (and transcends) the law that already exists, …


Flying Passports Of Convenience, Karl T. Muth Dec 2008

Flying Passports Of Convenience, Karl T. Muth

Karl T Muth

This paper proposes an economic alternative to the legal construct of citizenship that currently dominates international law.


The Ethics Of Immigration: An Exchange, Michael Scaperlanda, William Chip Apr 2008

The Ethics Of Immigration: An Exchange, Michael Scaperlanda, William Chip

Michael A. Scaperlanda

No abstract provided.


The Human Face Of Immigration, Michael Scaperlanda Mar 2008

The Human Face Of Immigration, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


State Immigration Laws And The Question Of Religious Freedom, Michael Scaperlanda Feb 2008

State Immigration Laws And The Question Of Religious Freedom, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Immigration Reform, Michael Scaperlanda Jan 2008

Immigration Reform, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Justice And Mercy: Catholic Legal Theory And The Immigration Question, Michael Scaperlanda Jan 2008

Justice And Mercy: Catholic Legal Theory And The Immigration Question, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.