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Articles 1 - 30 of 49
Full-Text Articles in Law
A New Look At Actual Minimum Job Requirements And Experience In Similar Occupations And With The Same Employer: Balca's 20 C.F.R. Section 656.21 (B)(6), Lorna Rogers Burgess
A New Look At Actual Minimum Job Requirements And Experience In Similar Occupations And With The Same Employer: Balca's 20 C.F.R. Section 656.21 (B)(6), Lorna Rogers Burgess
San Diego Law Review
In this Article, Ms. Burgess discusses the Board of Alien Labor Certification Appeals (BALCA) which was created by an amendment to 20 C.F.R. § 656.26 and § 656.27. Ms. Burgess asserts that the creation of BALCA has significantly improved the system of adjudication of Applications for Alien Employment Certification. Though BALCA has exerted viable standards, these standards are far from providing analytically sound and practical guidance to practitioners and Certifying Officers. The author suggests that good lawyering in the future may improve BALCA's jurisprudence.
Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley
Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley
San Diego Law Review
In this Article, Mr. Feeley, discusses the historical roots of the power of the Church to provide sanctuary to those in fear of life and limb. Tracing its historical roots, the author identifies three elements of sanctuary - person, place, governmental check. He then demonstrates that the American Sanctuary Movement contains these defining elements of historical sanctuary. An analysis of the Sanctuary Movement concludes that, despite its different features and cultural locus, the Movement embodies the ancient elements of person, place and governmental check transformed, rather than transubstantiated by the American context.
United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller
United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller
San Diego Law Review
In the Article, Mr. Miller demonstrates how cross-border direct investment in the U.S. through a foreign company's acquisition of a domestic business necessitates careful immigration planning. He speaks directly to the investor and shows that a main priority is the quick and efficient transfer foreign personnel and the employment of foreign graduates. Recognizing the complexity of federal statutes and regulations governing foreign investment, the author concludes that a foreign investor will need to quickly learn that an effective immigration strategy is necessary to successfully do business in the U.S.
Expatriation In The United States: Precept And Practice Today And Yesterday, Alan G. James
Expatriation In The United States: Precept And Practice Today And Yesterday, Alan G. James
San Diego Law Review
In this Article, Mr. James traces the historical roots of expatriation to its current application in present-day law, regulations and procedures. Using as a reference point both the expatriation of the American novelist Henry James and the United States Supreme Court's 1990 decision in Vance v. Terrazas, the author highlights the major facets of expatriation. Specifically, the author focuses on processing and documentation of loss of nationality cases, development of the role of the Department of State in expatriation, the constituent elements of a determination of loss of nationality, and administrative and judicial review of holdings of loss of citizenship …
Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor
Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor
International Bulletin of Political Psychology
The article discusses the EEOC's recent decision to extend various anti-discrimination rights to illegal immigrants.
Introduction: Indiana Journal Of Global Legal Studies Immigration Project
Introduction: Indiana Journal Of Global Legal Studies Immigration Project
Indiana Journal of Global Legal Studies
The
Indiana Journal of Global Legal Studies
is pleased to announce the
publication of its fifth annual Immigration Project. Every fall, the
Journal
publishes a series of student papers documenting important developments and
trends in immigration or transiency-related legal issues. The papers in the
Immigration Project are intended to create a point of reference for further
research and scholarship. Notes provide in-depth substantive analysis of
topics that reflect recent developments in immigration law. Trend papers
document new or recurring issues surrounding different aspects of
immigration.
China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates
China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates
Indiana Journal of Global Legal Studies
No abstract provided.
Vagabonds, Tinkers, And Travelers: Statelessness Among The East European Roma, Adam M. Warnke
Vagabonds, Tinkers, And Travelers: Statelessness Among The East European Roma, Adam M. Warnke
Indiana Journal of Global Legal Studies
No abstract provided.
The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks
The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks
Indiana Journal of Global Legal Studies
No abstract provided.
Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates
Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates
Indiana Journal of Global Legal Studies
No abstract provided.
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
Washington International Law Journal
The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
Washington International Law Journal
The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …
Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne
Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne
Osgoode Hall Law Journal
The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …
Immigration, The Servant Problem, And The Legacy Of The Domestic Labor Debate: "Where Can You Find Good Help These Days!", Mary Romero
University of Miami Law Review
No abstract provided.
Introduction: The Value Of Our Work, Professor Elvia R. Arriola
Introduction: The Value Of Our Work, Professor Elvia R. Arriola
University of Miami Law Review
No abstract provided.
Seeing Through A Glass, Darkly: The Social Context Of "Particular Social Groups" In Lwin V. Ins, John Hans Thomas
Seeing Through A Glass, Darkly: The Social Context Of "Particular Social Groups" In Lwin V. Ins, John Hans Thomas
BYU Law Review
No abstract provided.
Ins V. Aguirre-Aguirre: The Absence Of A Political Crime Standard For Withholding Of Deportation, Chad Alan Earnst
Ins V. Aguirre-Aguirre: The Absence Of A Political Crime Standard For Withholding Of Deportation, Chad Alan Earnst
University of Miami Inter-American Law Review
No abstract provided.
Ins Detention In Florida, Cheryl Little
Ins Detention In Florida, Cheryl Little
University of Miami Inter-American Law Review
No abstract provided.
U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young
U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young
University of Miami Inter-American Law Review
No abstract provided.
The Detention Of Aliens: Theories, Rules, And Discretion, Stephen H. Legomsky
The Detention Of Aliens: Theories, Rules, And Discretion, Stephen H. Legomsky
University of Miami Inter-American Law Review
No abstract provided.
Reining-In A Rogue Policy: The Imperative Of Immigration Reform, Vernon M. Briggs Jr.
Reining-In A Rogue Policy: The Imperative Of Immigration Reform, Vernon M. Briggs Jr.
University of Miami Inter-American Law Review
No abstract provided.
Introduction To The Symposium Panel On "Economic Impacts Of Immigration", David Abraham
Introduction To The Symposium Panel On "Economic Impacts Of Immigration", David Abraham
University of Miami Inter-American Law Review
No abstract provided.
To The World Commission On Dams: Don't Forget The Law, And Don't Forget Human Rights-Lessons From The U.S.-Mexico Border, Raúl M. Sánchez
To The World Commission On Dams: Don't Forget The Law, And Don't Forget Human Rights-Lessons From The U.S.-Mexico Border, Raúl M. Sánchez
University of Miami Inter-American Law Review
No abstract provided.
Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro
Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro
University of Miami Inter-American Law Review
No abstract provided.
Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor
Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor
International Bulletin of Political Psychology
This articles discusses a recent Supreme Court case revolving around whether foreigners who have committed serious nonpolitical crimes outside the US are ineligible for refugee status regardless of the severity of persecution that would await them at their countries of origin.
Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff
Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff
Michigan Journal of Race and Law
This essay argues that the concept of post-nationalism does not precisely explain the American concept of citizenship. This is due to the strict construction of the nation state in American constitutional theory, the ineffective role of international human rights norms in American jurisprudence, and the extension of protection to non-citizens based on territorialist rationales. For these reasons, the author suggests that denizenship is a more appropriate way of viewing the American citizenship model, and is one that explains how notions of personal identity can be transnational while still justifiable within traditional nation-state constructs.
To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel
To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel
Michigan Journal of Race and Law
In this Note, the Author uses science fiction novelist Robert Heinlein's model of citizenship as an analytical framework for examining the historical treatment of Filipino veterans of World War II. The Author Heinlein's conception of citizenship in Starship Troopers was one in which a person can acquire citizenship only through a term of service in the state's armed forces. Similarly, the United States provided immediate eligibility for citizenship to World War II era foreign veterans, but it effectively excluded Filipino veterans from this benefit. The Author examines how the plenary power doctrine in immigration law, has quashed legal challenges by …
The Michigan Guidelines On The Internal Protection Alternative
The Michigan Guidelines On The Internal Protection Alternative
Michigan Journal of International Law
In many jurisdictions around the world, 'internal flight' or 'internal relocation' rules are increasingly relied upon to deny refugee status to persons at risk of persecution for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee law and policy, the viability of a universal commitment to protection is challenged by divergence in state practice. These Guidelines seek to define the ways in which international refugee law should inform what the authors believe is more accurately described as the 'internal protection alternative.' It is the product of collective …
Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton
Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton
Michigan Journal of Gender & Law
This Article will examine the recent criminal trend of trafficking women from post-Cold War Russia into the United States. First, it will examine the Russian mafia and its development. It will also discuss the system of economic corruption that currently exists in Russia, which facilitates government involvement with this criminal activity. It will further investigate the issues surrounding trafficked women and the international anti-trafficking conventions that have been created by the United Nations. Next, it will go into a deeper discussion of the current status of relevant international law and the issues involving the International Criminal Court. Finally, this Article …
The Hardship Waiver Of The Two-Year Foreign Residency Requirement Under Section 212(E) Of The Ina: The Need For A Change , Inna V. Tachkalova
The Hardship Waiver Of The Two-Year Foreign Residency Requirement Under Section 212(E) Of The Ina: The Need For A Change , Inna V. Tachkalova
American University Law Review
No abstract provided.