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Full-Text Articles in Law
Re-Reading Anita Bernstein's The Common Law Inside The Female Body From The Bottom Of The Well: Analysis Of The Central Park Five, Border Drownings, The Kavanaugh Confirmation, And The Coronavirus, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Why Protect Unauthorized Workers? Imperfect Proxies, Unaccountable Employers, And Antidiscrimination Law's Failures, Angela D. Morrison
Why Protect Unauthorized Workers? Imperfect Proxies, Unaccountable Employers, And Antidiscrimination Law's Failures, Angela D. Morrison
Faculty Scholarship
This article explores a gap in the scholarship regarding the unauthorized workplace. It describes and names the two main justifications on which advocates and courts have relied to extend federal antidiscrimination protections to unauthorized workers. First, the proxy justification insists that workplace protections must include unauthorized workers because their protection is necessary to protect U.S. citizen and authorized workers. Second, the deterrence/accountability justification states that workplace protections must include unauthorized workers because it will deter employers from future violations of antidiscrimination laws and hold them accountable for violations of immigration law. While these justifications have led to some protection for …
Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner
Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner
Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.