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- St. Mary's Law Journal (4)
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Articles 1 - 22 of 22
Full-Text Articles in Law
When We Cannot Deport, Is It Fair To Detain?: An Analysis Of The Rights Of Deportable Aliens Under 8 U.S.C 1231(A)(6) And The 1999 Ins Interim Procedures Governing Detention, Daniel R. Dinger
BYU Law Review
No abstract provided.
The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook
Michigan Law Review
The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …
Introduction: The Indiana Journal Of Global Legal Studies Immigration Project
Introduction: The Indiana Journal Of Global Legal Studies Immigration Project
Indiana Journal of Global Legal Studies
No abstract provided.
The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: Another Congressional Hurdle For The Courts, Sonia Chen
Indiana Journal of Global Legal Studies
No abstract provided.
Country Conditions Documentation In U.S. Asylum Cases: Leveling The Evidentiary Playing Field, Susan K. Kerns
Country Conditions Documentation In U.S. Asylum Cases: Leveling The Evidentiary Playing Field, Susan K. Kerns
Indiana Journal of Global Legal Studies
No abstract provided.
The H-2a Non-Immigrant Visa Program: Weakening Its Provisions Would Be A Step Backward For America's Farmworkers, Cecilia Danger
The H-2a Non-Immigrant Visa Program: Weakening Its Provisions Would Be A Step Backward For America's Farmworkers, Cecilia Danger
University of Miami Inter-American Law Review
No abstract provided.
Unmet Legal Needs Of Dc Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice, Regina Morris
Unmet Legal Needs Of Dc Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice, Regina Morris
University of the District of Columbia Law Review
No abstract provided.
Trends. Discretion, No Discretion: Travails Of The Immigration And Naturalization Service, Ibpp Editor
Trends. Discretion, No Discretion: Travails Of The Immigration And Naturalization Service, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the political reaction to actions of the United States Immigration and Naturalization Service, and the role of 'discretion.'
Exposing Secret Evidence: Eliminating A New Hardship Of United States Immigration Policy, D. Mark Jackson
Exposing Secret Evidence: Eliminating A New Hardship Of United States Immigration Policy, D. Mark Jackson
Buffalo Public Interest Law Journal
No abstract provided.
Trends. Psychologies Of Immigration: The Illegal Immigration Reform And Immigrant Responsibility, Ibpp Editor
Trends. Psychologies Of Immigration: The Illegal Immigration Reform And Immigrant Responsibility, Ibpp Editor
International Bulletin of Political Psychology
This article discusses illegal immigration and immigration reform, as well as the psychological reasoning behind the laws.
The Exclusion Of Mentally Ill Aliens Who May Pose A Danger To Others: Where Does The Real Threat Lie?, Jennifer Blakeman
The Exclusion Of Mentally Ill Aliens Who May Pose A Danger To Others: Where Does The Real Threat Lie?, Jennifer Blakeman
University of Miami Inter-American Law Review
No abstract provided.
Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres
Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres
San Diego International Law Journal
This Article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. In Part II, this Article explores how U.S. immigration law protects U.S. labor. Specifically, Part II focuses on the controversy surrounding the H-1B visa program for non-immigrants and U.S. treatment of skilled workers from other countries, as the H1-B program is a good potential starting point for a new approach to immigration law. Part III …
A Different Challenge For The Ali: Herein Of Foreign Country Judgments, An International Treaty, And An American Statute, Linda J. Silberman, Andreas F. Lowenfeld
A Different Challenge For The Ali: Herein Of Foreign Country Judgments, An International Treaty, And An American Statute, Linda J. Silberman, Andreas F. Lowenfeld
Indiana Law Journal
Symposium: Preparing for the Next Century-A New Restatement of Conflicts?
U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari
U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Alienation Of Fathers, Linda Kelly
The Alienation Of Fathers, Linda Kelly
Michigan Journal of Race and Law
By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.
Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin
Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin
The Scholar: St. Mary's Law Review on Race and Social Justice
Indefinite detention of Cuban immigrants is unconstitutional. Immigrants detained in American jails are being treated the same as individuals serving criminal sentences or awaiting disposition of their cases. Congress should, therefore, create a mandatory and uniform system of procedural due process. The system should be modeled after the procedural due process system established by the Kansas Legislature in the Kansas Sexually Violent Predator Act of 1994. Although the U.S. Supreme Court has yet to rule on the indefinite detention of the Mariel Cubans, lower courts have held that the indefinite detention of Mariel Cubans does not violate the Constitution. Nonetheless, …
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
St. Mary's Law Journal
In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
St. Mary's Law Journal
The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
St. Mary's Law Journal
Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …
Detention Of Asylum-Seekers In The United States, Barbara Cochrane Alexander
Detention Of Asylum-Seekers In The United States, Barbara Cochrane Alexander
Human Rights Brief
No abstract provided.
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
St. Mary's Law Journal
Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …
The Dynamics Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: The Splitting-Up Of American Families, Emma O. Guzman
The Dynamics Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: The Splitting-Up Of American Families, Emma O. Guzman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming