Law Commons^™

Videoconferencing In Immigration Proceedings, Aaron Haas

The University of New Hampshire Law Review

[Excerpt] “When there is mention of a legal trial, a certain picture naturally comes to mind. One sees a judge in his black robe sitting on a raised bench. Lawyers are stationed at tables on either side of the courtroom, prepared to present their arguments to the court. A jury box may sit off to the side, holding a cross-section of citizens culled from the population to perform their ancient duty. The courtroom is made of fine wood and polished marble, and it is adorned with the accouterments of justice—American flags, seals, paintings of honored jurists—which let an observer know …

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …

J. Eric Dibbern On Forbidden Families: Family Unification And Child Registration In East Jerusalem By Yael Stein. Hamoked: Center For The Defense Of The Individual, 2004. 41pp., J. Eric Dibbern

Human Rights & Human Welfare

A review of:

Forbidden Families: Family Unification and Child Registration in East Jerusalem by Yael Stein. HaMoked: Center for the Defense of the Individual, 2004. 41pp.

Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland

Buffalo Human Rights Law Review

No abstract provided.

Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham

Buffalo Human Rights Law Review

No abstract provided.

Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Detention Of Non-Citizens: The Supreme Court's Muddling Of An Already Complex Issue, Blake Sharpton

Mercer Law Review

Emma Lazarus's poem was engraved on a plaque and affixed to the base of the Statue of Liberty in 1903. Ms. Lazarus's words may have reflected the sentiment of the country in 1903, but the United States no longer throws its doors open to any and every person hoping for a better life. Rather, potential immigrants are faced with a labyrinth of legal hurdles in order to gain entry into the United States.

Under current U.S. immigration law, every person in the world is either a United States "national" or an "alien." With few exceptions, the term national today basically …

Return To Sender: Supreme Court Authorizes Removal Of Aliens Without Prior Consent From The Destination Country In Jama V. Ice, Jennifer E. Richter

Mercer Law Review

In a 5-4 decision in Jama v. ICE, the United States Supreme Court rejected prior interpretations of alien removal statutes and held that the Secretary of Homeland Security (the "Secretary") may remove aliens without prior consent from the receiving country. The decision has important ramifications for both statutory interpretation and immigration law. The majority, written by Justice Scalia, concluded that in the new version of the removal statute, 8 U.S.C. § 1231, the rule of statutory interpretation, known as the last antecedent rule, precluded the court from reading an acceptance requirement into subsection (b)(2)(E)(iv). In contrast, the dissent concluded …

Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong

Brigham Young University Education and Law Journal

No abstract provided.

Choiceless Choices: Deportation And The Parent-Child Relationship, David B. Thronson

Nevada Law Journal

No abstract provided.

Texas Rangers Resurrected: Immigration Proposals After September 11th., Alyssa Garcia Perez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Female Refugees: Re-Victimized By The Material Support To Terrorism Bar, Kara Beth Stein

McGeorge Law Review

No abstract provided.

More Than Mere Semantics: The Case For An Expansive Definition Of Persecution In Sexual Minority Asylum Claims, Monica Saxena

Michigan Journal of Gender & Law

This Article asserts that the requirement in U.S. asylum law that requires an asylee to make a showing of persecutory intent is overly and especially restrictive in claims made by sexual minorities. This Article proposes that the U.S. adopt the asylum standards of New Zealand and Canada, where the focus is on the failure of government protection as opposed to a focus on persecutory intent. Such standards are consistent with both the realities of persecution that sexual minorities encounter and the original impetus behind the Refugee Convention. Part I examines the different forms of persecution against sexual minorities. Part II …

Seventh Circuit Reiterates The Importance Of Immigrant Due Process, Maya A. Nair

Public Interest Law Reporter

No abstract provided.

International Migration And Trade: A Multi-Disciplinary Synthesis, Jagdeep S. Bhandari

Richmond Journal of Global Law & Business

No abstract provided.

Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez

The Modern American

No abstract provided.

Greasers And Gringos: Latinos, Law, And The American Imagination By Steven W. Bender, Chelsy A. Castro

The Modern American

No abstract provided.

The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins

The Modern American

No abstract provided.

Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti

Indiana Journal of Global Legal Studies

This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the immigrant workers displaced by shifting labor markets. Through critical review of two case studies, the article pursues a more comprehensive understanding of the reasons the system failed these workers, in order to better respond to systematic barriers placed in the way of limited-English proficient …

The Organization Of Care Work In Italy: Gender And Migrant Labor In The New Economy, Dawn Lyon

Indiana Journal of Global Legal Studies

This articled discussed social, political, and economic aspects--particularly, gender and race-based implications-of the organization of elder care work in Italy and globally. Care work for the elderly is a particularly acute concern in Italy and across Europe, as the population is aging while women (the traditional caregivers) have joined the labor force in record numbers and family size has decreased. As the supply of informal female carers has decreased, the need for elder care is increasing. In Italy, a significant trend is the employment of migrant female workers (many from Latin American, Eastern European, and African nations) for home-based elder …

Founded Suspicion: The Ninth Circuit's Response To Almeida Sanchez, Seattle University Law Review

Seattle University Law Review

Considering the difficulty of interdicting smugglers and aliens at the Mexican border, the Ninth Circuit's ready acceptance of founded suspicion to justify searches near the border is not surprising. The United States Supreme Court, however, has consistently held that the mere presence of an important governmental interest does not justify vitiating Fourth Amendment protections. The Fourth Amendment requires courts to scrutinize closely the interests of the individual prior to concluding that the interests of the government, however exigent and compelling, are paramount. This comment, after analyzing the conceptual underpinnings of automobile seizure law and "stop and frisk"--the possible grounds supporting …

Comments: Immigrants, Health Care, And The Constitution: Medicaid Cuts In Maryland Suggest That Legal Immigrants Do Not Deserve The Equal Protection Of The Law, Tricia A. Bozek

University of Baltimore Law Review

No abstract provided.

The Immigrant Workers Project Of The Afl-Cio, Rosanna M. Kreychman, Heather H. Volik

NYLS Law Review

No abstract provided.

Introduction, Lenni Benson

NYLS Law Review

No abstract provided.

Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong

St. Mary's Law Journal

Abstract Forthcoming.

Overcorrecting The Purported Problem Of Taking Child Brides In Polygamist Marriages: The Texas Legislature Unconstitutionally Voids All Marriages By Texans Younger Than Sixteen And Criminalizes Parental Consent., Rosanne Piatt

St. Mary's Law Journal

In the 79th Regular Legislative Session, Texas lawmakers amended and added numerous provisions to both the Texas Family Code and Texas Penal Code relating to the status of marriage. One change was the inclusion in the Family Code of a section voiding a marriage if either party is younger than sixteen years of age. Additionally, legislators included criminal penalties to other laws relating to marriage. Specifically, parents are prohibited from giving consent to the marriages of parties under sixteen, but parents also face third-degree felony charges if they give consent. The legislature voided certain underage marriages in Texas due to …

Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch

NYLS Law Review

No abstract provided.

The National Employment Law Project, Joshua N. Leonardi

NYLS Law Review

No abstract provided.

The Nature And Causes Of The Immigration Surge In The Federal Courts Of Appeals: A Preliminary Analysis, John R.B. Palmer

NYLS Law Review

No abstract provided.