Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Immigration (8)
- Asylum (4)
- Deportation (3)
- Emigration (3)
- Aliens (2)
-
- Citizenship (2)
- Criminal law (2)
- Gender (2)
- Immigration reform (2)
- Persecution (2)
- Political asylum (2)
- Rape (2)
- Refugee (2)
- Women (2)
- Alien (1)
- Alta California (1)
- Asylum law (1)
- Attack (1)
- Business law (1)
- Child soldier (1)
- Children (1)
- Children of immigrants (1)
- Circle of citizenship (1)
- Class actions (1)
- Closed institutional system (1)
- Confinement (1)
- Constitutional law (1)
- Correctional reform (1)
- Corrections (1)
- Crime (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh
The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh
Pepperdine Law Review
In recent years, increasing numbers of asylum-seekers from Honduras, Guatemala, and El Salvador crossed into the United States, fleeing gang violence that has driven homicide rates to record levels. These countries, known collectively as the “Northern Triangle,” now make up one of the most violent regions in the world. Transcending petty crime, gangs control entire communities in the Northern Triangle where they operate as de facto governments beyond law enforcement’s control. Gangs practice forced recruitment in these communities, creating a join-or-die gang culture where resisting recruitment is tantamount to opposition. Opposition, in turn, is met with brutal retaliation. The young …
Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak
Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak
Pepperdine Law Review
Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization …
Proving Identity, Jonathan Weinberg
Proving Identity, Jonathan Weinberg
Pepperdine Law Review
United States law, over the past two hundred years or so, has subjected people whose race rendered them noncitizens or of dubious citizenship to a variety of rules requiring that they carry identification documents at all times. Those laws fill a gap in the policing authority of the state, by connecting the individual’s physical body with information the government has on file about him; they also can entail humiliation and subordination. Accordingly, it is not surprising that U.S. law has almost always imposed these requirements on people outside our circle of citizenship: African Americans in the antebellum South, Chinese immigrants, …
Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas
Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas
Pepperdine Law Review
Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through unusual routes. While Congress, the President, and the United States Citizenship and Immigration Services (USCIS) recognize the need for clear and accessible immigration standards for immigrant entrepreneurs, the politicized nature of immigration law has impeded significant change. This Comment details how administrative rules could offer a less politicized and …
Deportation Of Aliens For Criminal Convictions, David F. Aberson
Deportation Of Aliens For Criminal Convictions, David F. Aberson
Pepperdine Law Review
No abstract provided.
Expatriate Domestic Relations Law In Mexican California , David J. Langum
Expatriate Domestic Relations Law In Mexican California , David J. Langum
Pepperdine Law Review
No abstract provided.
The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe, Diane I. Osifchok
The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe, Diane I. Osifchok
Pepperdine Law Review
The recent decision in the case of Plyer v. Doe has seemingly solidified the use of the intermediate level of scrutiny as a legitimate standard of review. The Supreme Cour4 in its refusal to apply both the harsh level of strict scrutiny and the often inadequate lower level of a rational basis standard, sought a mid-level analysis. Thus, the intermediate level of review enabled the Court to hold the Texas statute which denied undocumented alien children a free public education constitutionally infirm.
Striking A Balance Among Illegal Aliens, The Ina, And The Nlra: Sure-Tan V. Nlrb, Carl M. Howard
Striking A Balance Among Illegal Aliens, The Ina, And The Nlra: Sure-Tan V. Nlrb, Carl M. Howard
Pepperdine Law Review
Since 1943, the National Labor Relations Board has extended rights guaranteed to employees under the National Labor Relations Act to illegal aliens. In Sure-Tan v. NLRB, the United States Supreme Court for the first time reviewed this practice, approving it and noting that reporting illegal alien employees to the Immigration and Naturalization Service (INS) might constitute an unfair labor practice. Awarding a remedy of back pay was, however, improper as speculative. The author examines the Supreme Court's analysis of the decision and explores its future impact.
Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae
Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae
Pepperdine Law Review
No abstract provided.
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Pepperdine Law Review
No abstract provided.
Children Of A Lesser God: Should The Fourteenth Amendment Be Altered Or Repealed To Deny Automatic Citizenship Rights And Privileges To American Born Children Of Illegal Aliens?, Robert J. Shulman
Pepperdine Law Review
No abstract provided.
Testing The Borders: The Boundaries Of State And Local Power To Regulate Illegal Immigration , Brittney M. Lane
Testing The Borders: The Boundaries Of State And Local Power To Regulate Illegal Immigration , Brittney M. Lane
Pepperdine Law Review
No abstract provided.
Seeking Asylum For Former Child Soldiers And Victims Of Human Trafficking, Tina Javaherian
Seeking Asylum For Former Child Soldiers And Victims Of Human Trafficking, Tina Javaherian
Pepperdine Law Review
No abstract provided.
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
The Fate Of "Unremovable" Aliens Before And After September 11, 2001: The Supreme Court's Presumptive Six-Month Limit To Post-Removal-Period Detention, Megan Peitzke
Pepperdine Law Review
No abstract provided.
We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants, Bridgette A. Carr
We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants, Bridgette A. Carr
Pepperdine Law Review
This article addresses a barrier to effective protection faced by child refugee applicants. Currently all refugee applicants, including infants, are required to satisfy two elements of well-founded fear. All applicants must prove that they face an objective risk of persecution and that they subjectively fear this risk. But children often cannot exhibit the subject apprehension element of the test. As a result, UNHCR, and the U.S and Canadian governments issued guidelines that encourage decision makers to accept other evidence to prove a child's subjective apprehension when the child is unable to exhibit fear. However, this approach does not go far …