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Articles 1 - 30 of 59
Full-Text Articles in Law
Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash
Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash
Catalyst: A Social Justice Forum
It is often said that justice requires us to treat like cases alike. Accordingly, the U.S. refugee resettlement program provides all refugees—no matter where they are from, no matter their pasts—with very similar funding and services. Refugees, however, are far from alike. In this essay, I invoke Borgmann’s distinction between a “thing” and a “device” and draw on stories from my work with a resettlement agency to argue that our current, employment-driven system is in need of reform. Instead of being restricted to generic programs, refugee resettlement agencies should be funded to help each family achieve social integration in ways …
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
William & Mary Bill of Rights Journal
No abstract provided.
Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali
American University Law Review
No abstract provided.
Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang
Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang
University of Michigan Journal of Law Reform
This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …
What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley
What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Michigan Journal of Race and Law
At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …
Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin
Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin
University of Miami Business Law Review
No abstract provided.
The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg
The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg
Nevada Law Journal
No abstract provided.
Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles
Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles
Brigham Young University Journal of Public Law
No abstract provided.
United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz
United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz
Golden Gate University Law Review
In United States v. Ruiz-Gaxiola, the United States Court of Appeals for the Ninth Circuit held that the government could not medicate a defendant involuntarily for the sole purpose of rendering the defendant competent to stand trial. The court relied on the Sell test in making its determination. In Sell v. United States, the United States Supreme Court established a four-pronged test for determining whether a court should grant a request to medicate a defendant involuntarily. A court may not grant such a request unless the government shows that (1) an important government interest is at stake in …
Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam
Chicago-Kent Law Review
Asylum law provides an area within immigration law that is unexpectedly friendly to lesbians, gay men, bisexuals, and transgender persons. Persons who suffer persecution on account of "membership in a particular social group" are eligible to live and work in the United States. This encompasses lesbians, gay men, bisexuals, and transgender persons who suffer persecution. However, United States law does not clearly define applicable standards in this area. As a result, different adjudicators in the asylum process focus on different methodological approaches and sometimes inject bias into the process. In addition, because the terms "lesbian," "gay," "bisexual," and "transgender" are …
Protecting Refugees And Immigrants On United States Soil But Not "In The United States": The Unique Case Of The Commonwealth Of The Northern Mariana Islands, Estelle Hofschneider
Protecting Refugees And Immigrants On United States Soil But Not "In The United States": The Unique Case Of The Commonwealth Of The Northern Mariana Islands, Estelle Hofschneider
Buffalo Law Review
No abstract provided.
Visa As Property, Visa As Collateral, Eleanor Marie L. Brown
Visa As Property, Visa As Collateral, Eleanor Marie L. Brown
Vanderbilt Law Review
Three decades ago Guido Calabresi and Philip Bobbit famously wrote about "tragic choices," namely tough policy choices which offend deeply held values, and the accompanying "subterfuges," that is, efforts by policy elites to shield such choices from public view.' Strangely, the "tragic choice" framework has not been applied in the context of U.S. immigration law, although current immigration policy is rife with tragic choices and subterfuges. A case in question is the issue of commodification of visas. It is clear that U.S. policymakers remain deeply committed to maintaining an illusion that U.S. visas are not being "sold."2 For example, in …
Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia Zug
BYU Law Review
No abstract provided.
Reaffirming The Role Of The Federal Courts: How The Sixties Provide Guidance For Immigration Reform, Robbie Clarke
Reaffirming The Role Of The Federal Courts: How The Sixties Provide Guidance For Immigration Reform, Robbie Clarke
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag
The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag
Osgoode Hall Law Journal
This article examines the role of counsel in Canada's refugee determination process through an investigation of over 70,000 refugee decisions from 2005 to 2009. The article demonstrates that counsel is a key factor driving successful outcomes. The article also shows that legal aid programs are increasingly restrictive in funding legal representation for refugee claimants. The author argues that these restrictions put the lives of refugees at risk. The article also demonstrates that claimants represented by immigration consultants are less likely to succeed than claimants represented by lawyers. This, combined with evidence that the immigration consulting industry has not established adequate …
The Citizenship Shibboleth: Is The American Dream Everyone Else's Nightmare?, Emily Marr
The Citizenship Shibboleth: Is The American Dream Everyone Else's Nightmare?, Emily Marr
Michigan Law Review
The American Dream is a trope with global reach. Although the "city upon a hill" may have lost some of its luster in recent years, the idea that America is a country where citizens can rise above "the fortuitous circumstances of birth or position" largely continues to resonate. Professor Ayelet Shachar's provocative new book, however, suggests otherwise. In The Birthright Lottery, Shachar condemns birthright citizenship laws as a feudal anachronism analogous to an inherited-property regime. For her, birthright citizenship in a prosperous nation confers a morally arbitrary windfall that determines life opportunities (pp. 4-7). Shachar further argues that in a …
One Time Too Many: In Re Briones And The Bia's Rigid Interpretation Of The Life Act And Its Dire Consequences For Undocumented Reentry, Lauren Gonzalez
One Time Too Many: In Re Briones And The Bia's Rigid Interpretation Of The Life Act And Its Dire Consequences For Undocumented Reentry, Lauren Gonzalez
San Diego International Law Journal
This Casenote will discuss both the origins of the LIFE Act and its early potential, and then focus attention on the BIA decision itself in Briones and its impact on immigration courts and U.S. courts of appeals. In Part II, this Casenote will give a brief overview of the LIFE Act and its creation. Parts III and IV will discuss the issues presented in Briones, the facts of the case, and the BIA?s decision. In Part V, the Casenote will then analyze the decision in Briones as it conflicts with previous case law from multiple circuit courts of appeal and …
Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon
Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon
UC Irvine Law Review
No abstract provided.
Why A Wall?, Pratheepan Gulasekaram
Criminal Clinics In The Pursuit Of Immigrant Rights: Lessons From The Loncheros, Ingrid V. Eagly
Criminal Clinics In The Pursuit Of Immigrant Rights: Lessons From The Loncheros, Ingrid V. Eagly
UC Irvine Law Review
No abstract provided.
The Political Economics Of Immigration Law, Mariano-Florentino Cuéllar
The Political Economics Of Immigration Law, Mariano-Florentino Cuéllar
UC Irvine Law Review
No abstract provided.
Kiyemba, Guantánamo, And Immigration Law: An Extraterritorial Constitution In A Plenary Power World, Ernesto Hernández-López
Kiyemba, Guantánamo, And Immigration Law: An Extraterritorial Constitution In A Plenary Power World, Ernesto Hernández-López
UC Irvine Law Review
No abstract provided.
Immigration Sanctuary Policies: Constitutional And Representative Of Good Policing And Good Public Policy, Bill Ong Hing
Immigration Sanctuary Policies: Constitutional And Representative Of Good Policing And Good Public Policy, Bill Ong Hing
UC Irvine Law Review
No abstract provided.
A Case Study Of Color-Blindness: The Racially Disparate Impacts Of Arizona’S S.B. 1070 And The Failure Of Comprehensive Immigration Reform, Kevin R. Johnson
A Case Study Of Color-Blindness: The Racially Disparate Impacts Of Arizona’S S.B. 1070 And The Failure Of Comprehensive Immigration Reform, Kevin R. Johnson
UC Irvine Law Review
No abstract provided.
Who Belongs?: Immigration Outside The Law And The Idea Of Americans In Waiting, Hiroshi Motomura
Who Belongs?: Immigration Outside The Law And The Idea Of Americans In Waiting, Hiroshi Motomura
UC Irvine Law Review
No abstract provided.
Getting To Work: Why Nobody Cares About E-Verify (And Why They Should), Juliet P. Stumpf
Getting To Work: Why Nobody Cares About E-Verify (And Why They Should), Juliet P. Stumpf
UC Irvine Law Review
No abstract provided.
Immigration Law And The Proportionality Requirement, Michael J. Wishnie
Immigration Law And The Proportionality Requirement, Michael J. Wishnie
UC Irvine Law Review
No abstract provided.
Finding A Meaningfulness Principle In Firm Resettlement Law: A Proposal For A More Robust Framework In Light Of The Board Of Immigration Appeals’ Decision In Matter Of A-G-G-, Sam Lam
UC Irvine Law Review
No abstract provided.
The First To Go: If The Budget Sinks The Ship Of State, Will Immigrants Get The Heave-Ho?, Justin Mcdevitt
The First To Go: If The Budget Sinks The Ship Of State, Will Immigrants Get The Heave-Ho?, Justin Mcdevitt
Public Interest Law Reporter
No abstract provided.