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Articles 1 - 30 of 63
Full-Text Articles in Law
Videoconferencing In Immigration Proceedings, Aaron Haas
Videoconferencing In Immigration Proceedings, Aaron Haas
The University of New Hampshire Law Review
[Excerpt] “When there is mention of a legal trial, a certain picture naturally comes to mind. One sees a judge in his black robe sitting on a raised bench. Lawyers are stationed at tables on either side of the courtroom, prepared to present their arguments to the court. A jury box may sit off to the side, holding a cross-section of citizens culled from the population to perform their ancient duty. The courtroom is made of fine wood and polished marble, and it is adorned with the accouterments of justice—American flags, seals, paintings of honored jurists—which let an observer know …
J. Eric Dibbern On Forbidden Families: Family Unification And Child Registration In East Jerusalem By Yael Stein. Hamoked: Center For The Defense Of The Individual, 2004. 41pp., J. Eric Dibbern
Human Rights & Human Welfare
A review of:
Forbidden Families: Family Unification and Child Registration in East Jerusalem by Yael Stein. HaMoked: Center for the Defense of the Individual, 2004. 41pp.
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
San Diego International Law Journal
Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …
Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland
Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland
Buffalo Human Rights Law Review
No abstract provided.
Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham
Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham
Buffalo Human Rights Law Review
No abstract provided.
A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec
A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl
Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Detention Of Non-Citizens: The Supreme Court's Muddling Of An Already Complex Issue, Blake Sharpton
Detention Of Non-Citizens: The Supreme Court's Muddling Of An Already Complex Issue, Blake Sharpton
Mercer Law Review
Emma Lazarus's poem was engraved on a plaque and affixed to the base of the Statue of Liberty in 1903. Ms. Lazarus's words may have reflected the sentiment of the country in 1903, but the United States no longer throws its doors open to any and every person hoping for a better life. Rather, potential immigrants are faced with a labyrinth of legal hurdles in order to gain entry into the United States.
Under current U.S. immigration law, every person in the world is either a United States "national" or an "alien." With few exceptions, the term national today basically …
Return To Sender: Supreme Court Authorizes Removal Of Aliens Without Prior Consent From The Destination Country In Jama V. Ice, Jennifer E. Richter
Return To Sender: Supreme Court Authorizes Removal Of Aliens Without Prior Consent From The Destination Country In Jama V. Ice, Jennifer E. Richter
Mercer Law Review
In a 5-4 decision in Jama v. ICE, the United States Supreme Court rejected prior interpretations of alien removal statutes and held that the Secretary of Homeland Security (the "Secretary") may remove aliens without prior consent from the receiving country. The decision has important ramifications for both statutory interpretation and immigration law. The majority, written by Justice Scalia, concluded that in the new version of the removal statute, 8 U.S.C. § 1231, the rule of statutory interpretation, known as the last antecedent rule, precluded the court from reading an acceptance requirement into subsection (b)(2)(E)(iv). In contrast, the dissent concluded …
Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong
Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong
Brigham Young University Education and Law Journal
No abstract provided.
Choiceless Choices: Deportation And The Parent-Child Relationship, David B. Thronson
Choiceless Choices: Deportation And The Parent-Child Relationship, David B. Thronson
Nevada Law Journal
No abstract provided.
Texas Rangers Resurrected: Immigration Proposals After September 11th., Alyssa Garcia Perez
Texas Rangers Resurrected: Immigration Proposals After September 11th., Alyssa Garcia Perez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Female Refugees: Re-Victimized By The Material Support To Terrorism Bar, Kara Beth Stein
Female Refugees: Re-Victimized By The Material Support To Terrorism Bar, Kara Beth Stein
McGeorge Law Review
No abstract provided.
More Than Mere Semantics: The Case For An Expansive Definition Of Persecution In Sexual Minority Asylum Claims, Monica Saxena
More Than Mere Semantics: The Case For An Expansive Definition Of Persecution In Sexual Minority Asylum Claims, Monica Saxena
Michigan Journal of Gender & Law
This Article asserts that the requirement in U.S. asylum law that requires an asylee to make a showing of persecutory intent is overly and especially restrictive in claims made by sexual minorities. This Article proposes that the U.S. adopt the asylum standards of New Zealand and Canada, where the focus is on the failure of government protection as opposed to a focus on persecutory intent. Such standards are consistent with both the realities of persecution that sexual minorities encounter and the original impetus behind the Refugee Convention. Part I examines the different forms of persecution against sexual minorities. Part II …
Seventh Circuit Reiterates The Importance Of Immigrant Due Process, Maya A. Nair
Seventh Circuit Reiterates The Importance Of Immigrant Due Process, Maya A. Nair
Public Interest Law Reporter
No abstract provided.
International Migration And Trade: A Multi-Disciplinary Synthesis, Jagdeep S. Bhandari
International Migration And Trade: A Multi-Disciplinary Synthesis, Jagdeep S. Bhandari
Richmond Journal of Global Law & Business
No abstract provided.
Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez
Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez
The Modern American
No abstract provided.
Greasers And Gringos: Latinos, Law, And The American Imagination By Steven W. Bender, Chelsy A. Castro
Greasers And Gringos: Latinos, Law, And The American Imagination By Steven W. Bender, Chelsy A. Castro
The Modern American
No abstract provided.
The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins
The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins
The Modern American
No abstract provided.
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Indiana Journal of Global Legal Studies
This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the immigrant workers displaced by shifting labor markets. Through critical review of two case studies, the article pursues a more comprehensive understanding of the reasons the system failed these workers, in order to better respond to systematic barriers placed in the way of limited-English proficient …
The Organization Of Care Work In Italy: Gender And Migrant Labor In The New Economy, Dawn Lyon
The Organization Of Care Work In Italy: Gender And Migrant Labor In The New Economy, Dawn Lyon
Indiana Journal of Global Legal Studies
This articled discussed social, political, and economic aspects--particularly, gender and race-based implications-of the organization of elder care work in Italy and globally. Care work for the elderly is a particularly acute concern in Italy and across Europe, as the population is aging while women (the traditional caregivers) have joined the labor force in record numbers and family size has decreased. As the supply of informal female carers has decreased, the need for elder care is increasing. In Italy, a significant trend is the employment of migrant female workers (many from Latin American, Eastern European, and African nations) for home-based elder …
Comments: Immigrants, Health Care, And The Constitution: Medicaid Cuts In Maryland Suggest That Legal Immigrants Do Not Deserve The Equal Protection Of The Law, Tricia A. Bozek
University of Baltimore Law Review
No abstract provided.
Love Knows No Borders—The Same-Sex Marriage Debate And Immigration Laws, Amy K. R. Zaske
Love Knows No Borders—The Same-Sex Marriage Debate And Immigration Laws, Amy K. R. Zaske
William Mitchell Law Review
No abstract provided.
The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf
The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf
American University Law Review
This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. It proposes a unifying theory - membership theory - for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the government and the people.
Membership theory provides decisionmakers with justification for excluding individuals from society, using immigration and criminal law as the means of exclusion. It operates in the intersection between criminal …
Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee
Michigan Journal of Race and Law
This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment of …
Industrial Areas Foundation, Helena Lynch
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
NYLS Law Review
No abstract provided.
The Nature And Causes Of The Immigration Surge In The Federal Courts Of Appeals: A Preliminary Analysis, John R.B. Palmer
The Nature And Causes Of The Immigration Surge In The Federal Courts Of Appeals: A Preliminary Analysis, John R.B. Palmer
NYLS Law Review
No abstract provided.
The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom
The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom
NYLS Law Review
No abstract provided.
Worker Centers: Organizing Communities At The Edge Of The Dream, Janice Fine
Worker Centers: Organizing Communities At The Edge Of The Dream, Janice Fine
NYLS Law Review
No abstract provided.