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Articles 1 - 8 of 8

Full-Text Articles in Law

Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock Nov 2019

Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock

Loyola of Los Angeles Law Review

Congress could have framed the country’s immigration policies in any number of ways. In significant part, it opted to frame them in moral terms. The crime involving moral turpitude is among the most pervasive and pernicious classifications in immigration law. In the Immigration and Nationality Act, it is virtually ubiquitous, appearing everywhere from the deportability and mandatory detention grounds to the inadmissibility and naturalization grounds. In effect, it acts as a gatekeeper for those who wish to enter and remain in the country, obtain lawful permanent residence, travel abroad after admission, or become United States citizens. With limited exceptions, noncitizens …


Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain May 2019

Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain

Loyola of Los Angeles Law Review

In November 2017, the Trump administration announced its intention to terminate Temporary Protected Status for Haitians in the United States. This Article considers the termination and the lawsuits it prompted, which are helping to define the state of the plenary power doctrine, the breadth of the Fifth Amendment’s equal protection guarantee, and the purchase of the communitarian ideal. This Article also focuses on the lawsuit that the NAACP Legal Defense and Educational Fund, Inc. (LDF) filed. Although this may appear to be a new operational context for the organization, the author describes LDF’s strong interest in ensuring that the federal …


A Child Litigant's Right To Counsel, Kevin Lapp May 2019

A Child Litigant's Right To Counsel, Kevin Lapp

Loyola of Los Angeles Law Review

As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …


Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim May 2019

Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim

Loyola of Los Angeles Law Review

No abstract provided.


Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle Nov 2018

Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle

Loyola of Los Angeles Law Review

No abstract provided.


"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza Jul 2018

"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza

Loyola of Los Angeles Law Review

No abstract provided.


Special Immigrant Juvenile Status: Refining State And Federal Practice, Justin Potesta Jan 2016

Special Immigrant Juvenile Status: Refining State And Federal Practice, Justin Potesta

Loyola of Los Angeles Law Review

Each year, thousands of unaccompanied minors enter the United States. Upon arrival, these children face a complicated legal process defined by several exchanges between state and federal entities. This Article focuses on one avenue of relief available to these unaccompanied minors: Special Immigrant Juvenile Status. While SIJS provides a path to citizenship for abused, neglected, or abandoned minors, the protection is often misapplied or misunderstood. Focusing on practical improvements, this Article highlights key areas where state and federal entities can more appropriately and efficiently address the unique concerns presented by SIJS-eligible unaccompanied minors.


"Following-To-Join" The Fifth And Ninth Circuits: Why The Supreme Court In Scialabba V. Cuellar De Osorio Erred In Interpreting The Child Status Protection Act, Justin Youngs Jan 2015

"Following-To-Join" The Fifth And Ninth Circuits: Why The Supreme Court In Scialabba V. Cuellar De Osorio Erred In Interpreting The Child Status Protection Act, Justin Youngs

Loyola of Los Angeles Law Review

No abstract provided.