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Full-Text Articles in Law
Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod
Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod
Jayesh Rathod
This article is the first in a series of three articles that together form a scholarly project that unearths the causes of recent trends in immigrant worker fatalities and injuries in the U.S., and presents recommendations for reversing it. The article examines how the history, structure, and operations of the federal Occupational Safety and Health Administration (OSHA) have, at times, obscured the workplace safety concerns of immigrant workers and have left these workers with no meaningful voice in the regulatory process. The article presents a set of regulatory imperatives to guide OSHA’s future work with respect to immigrant workers. These …
Protecting Immigrant Workers Through Interagency Cooperation, Jayesh Rathod
Protecting Immigrant Workers Through Interagency Cooperation, Jayesh Rathod
Jayesh Rathod
Stephen Lee’s Monitoring Immigration Enforcement offers a promising prescription for resolving the long-standing tension between the workplace enforcement priorities of the Department of Homeland Security (“DHS”) and the efforts by the Department of Labor (“DOL”) to protect the rights of immigrant workers. Lee convincingly describes - often with the aid of rich historical examples - the origins of the chronic imbalance of power between DHS and the DOL, and the limitations of past efforts to synchronize the work of the respective agencies. Lee’s proposal for interagency coordination, in the form of ex ante monitoring by the DOL of worksite enforcement …
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Scott Titshaw
When the Supreme Court struck down Section 3 of DOMA in United States v. Windsor, it eliminated a categorical barrier to immigration for thousands of LGBT families. Yet Windsor was not an immigration case, and the Court’s opinion did not address at least three resulting immigration questions: What if a same-sex couple legally marries in one jurisdiction but resides in a state that does not recognize the marriage? What if the couple is in a legally-recognized “civil union” or “registered partnership”? Will children born to spouses or registered partners in same-sex couples be recognized as “born in wedlock” for immigration …
Undocumented Student Success: Navigating Restraints Related To Retention, Ronald Hallett
Undocumented Student Success: Navigating Restraints Related To Retention, Ronald Hallett
Ronald Hallett
Undocumented college students face multiple barriers. This case study explores how a group of undocumented Latino/a students maintained a peer network. Using Stanton-Salazar's frameworks of empowerment agents, I discuss how students created a space on campus and navigated internal tensions threatening solidarity, including inclusion/exclusion, competition/support, and personal support/political engagement.