Law Commons^™

Mail Order Feminism, Marcia Zug

William & Mary Journal of Race, Gender, and Social Justice

This Essay will argue that America’s current marriage crisis is a problem that could be solved by encouraging mail order marriages. Specifically, Part I of this Article will show how the current marriage crisis is the result of an increasing educational gap between American men and women that is leaving less educated men with few marriage prospects. It will further argue that the loss of marriage prospects is concerning both because marriage is often the social institution that supports men as their job prospects falter and because it has the potential to create an angry and dangerous underclass of men …

Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck

Georgia Journal of International & Comparative Law

No abstract provided.

Immigration Separation Of Powers And The President's Power To Preempt, Catherine Y. Kim

Notre Dame Law Review

This Article explores the unique separation of powers issues raised in the immigration context, focusing on the respective powers of Congress and the President to preempt state law. Pursuant to traditional understanding, Congress and only Congress is constitutionally vested with the authority to displace conflicting state laws. Outside of the immigration context, the Supreme Court nonetheless has invoked competing theories of executive power to justify extending preemptive effect to administrative decisions. At the same time, however, it has imposed significant doctrinal restrictions on its exercise. In its recent decision in Arizona v. United States, the Court departed from these existing …

Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick

Seattle University Law Review

This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …

Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player

Georgia Journal of International & Comparative Law

No abstract provided.

The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck

Georgia Journal of International & Comparative Law

No abstract provided.

Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter

Georgia Journal of International & Comparative Law

No abstract provided.

Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek

Touro Law Review

No abstract provided.

Soviet Immigration To The West Bank: Is It Legal?, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.

Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides

Georgia Journal of International & Comparative Law

No abstract provided.

Immigration Surveillance, Anil Kalhan

Maryland Law Review

In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …

There And Back, Now And Then: Iirira’S Retroactivity And The Normalization Of Judicial Review In Immigration Law, Austen Ishii

Fordham Law Review

The U.S. Supreme Court has a long tradition of treating immigration law as “exceptional,” deferring to Congress and executive agencies when determining the scope of various immigration laws. The Court’s refusal to subject immigration statutes to the ordinary level of judicial review has left immigrants even more susceptible to the effects of anti-immigrant legislation.

When the Court decided Fernandez-Vargas v. Gonzales in 2006 it increased the scope of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) by allowing portions of the statute to be applied to immigrants who had reentered the United States prior to its effective …

And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.

The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran

Georgia Journal of International & Comparative Law

No abstract provided.

Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney

Georgia Journal of International & Comparative Law

No abstract provided.

Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional, Joseph G. Silver

Georgia Journal of International & Comparative Law

No abstract provided.

The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier

Georgia Journal of International & Comparative Law

No abstract provided.

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.

The Ill Effects Of A United States Ratification Of The Hague Convention On Protection Of Children And Co-Operation In Respect Of Intercountry Adoption, Gina M. Croft

Georgia Journal of International & Comparative Law

No abstract provided.

The Impact Of New Policies Adopted After September 11 On Lawful Permanent Residents Facing Deportation Under The Aedpa And Iirira And The Hope Of Relief Under The Family Reunification Act, Yen H. Trinh

Georgia Journal of International & Comparative Law

No abstract provided.

Remedies For Non-Citizens Under Provincial Nominee Programs: Judicial Review And Fiduciary Relationships, Delphine Nakache, Catherine Blanchard

Dalhousie Law Journal

In Canada, more and more people get permanent residency under Provincial and Territorial Nominee Programs (PTNPs). Despite this new reality, there is today no detailed examination of the consequences of PTNPs for immigrants' rights and protections. In this paper, we seek to fill this gap. As we show, PTNPs have no statutory basis and officials who administer these programs do not exercise statutory authority of any kind. An alternative would be that these programs become "law"; then the decisions made under them would bejudicially reviewable for conformity with that law. However, it is unlikely to happen because "flexibility" is seen …

A Tale Of Two Appellations: A Comparative Study Of International Agreements And Prevailing Law Impacting The Availability Of Seasonal Employees For The Wine-Grape Harvest In California's Napa Valley And France's Bordeaux Appellation, Michael K. Edmonson

Georgia Journal of International & Comparative Law

No abstract provided.

Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan

Georgia Journal of International & Comparative Law

No abstract provided.

The Perception Of The Economy Influencing Public Opinion On Immigration Policy, Jeff Sanchez

e-Research: A Journal of Undergraduate Work

Does the majority express interest concerning immigration on the basis of perceived personal economic circumstance and security, or on the basis of its perception of the state of the national economy? This study explains how perception of the state of the economy influences opinion on immigration policy. This study finds that an individual's preferences for varying immigration policies are rooted in his or her perception of the state of the national economy, rather than being narrowly determined by his or her perception of their own economic circumstance and security.

"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova

Georgia Journal of International & Comparative Law

No abstract provided.

Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele

Georgia Journal of International & Comparative Law

No abstract provided.

Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris

Georgia Journal of International & Comparative Law

No abstract provided.

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.