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Full-Text Articles in Law
The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam
The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam
Articles
No abstract provided.
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Articles
Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …
Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López
Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López
Articles
No abstract provided.
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Articles
As U.S. states and foreign nations began recognizing same-sex marriages over the last dozen years, the anti-gay definitions of "marriage" and "spouse" in Section 3 of the Defense of Marriage Act ("DOMA'') rendered those marriages invisible for immigration purposes. Thousands of U.S. citizens were left with a cruel choice between country and family: Remain alone in the United States or start anew with spouses and stepchildren abroad. Other couples did not qualify to emigrate anywhere together, leaving them no choice at all. DOMA also devastated children. Not only might they be separated from one parent, but their own immigration or …