Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

Notes On The Multiple Facets Of Immigration Federalism, Rick Su Nov 2017

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Rick Su

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …


A Localist Reading Of Local Immigration Regulations, Rick Su Nov 2017

A Localist Reading Of Local Immigration Regulations, Rick Su

Rick Su

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …


Cooperative Enforcement In Immigration Law, Amanda Frost Nov 2017

Cooperative Enforcement In Immigration Law, Amanda Frost

Articles in Law Reviews & Other Academic Journals

ABSTRACT: Immigration officials take two approaches to unauthorized immigrants: Either they seek to deport them, or they exercise prosecutorial discretion, allowing certain categories of unauthorized immigrants to remain in the United States without legal status. Neither method is working. The executive lacks the resources to remove more than a small percentage of the unauthorized population each year, and prosecutorial discretion is by definition an impermanent solution that leaves unauthorized immigrants vulnerable to exploitation at both work and home - harming not just them, but also the legal immigrants and U.S. citizens with whom they live and work.This Article: suggests a …


Cooperative Enforcement In Immigration Law, Amanda Frost Oct 2017

Cooperative Enforcement In Immigration Law, Amanda Frost

Amanda Frost

ABSTRACT: Immigration officials take two approaches to unauthorized immigrants: Either they seek to deport them, or they exercise prosecutorial discretion, allowing certain categories of unauthorized immigrants to remain in the United States without legal status. Neither method is working. The executive lacks the resources to remove more than a small percentage of the unauthorized population each year, and prosecutorial discretion is by definition an impermanent solution that leaves unauthorized immigrants vulnerable to exploitation at both work and home - harming not just them, but also the legal immigrants and U.S. citizens with whom they live and work.

This Article: suggests …


Section 4: Immigration Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2017

Section 4: Immigration Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman Aug 2017

Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman

Briefs

No abstract provided.


Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson Apr 2017

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Briefs

No abstract provided.


Immigrant Covering, Stella Burch Elias Feb 2017

Immigrant Covering, Stella Burch Elias

William & Mary Law Review

Over the last ten years there has been a marked shift in U.S. immigration law away from reliance upon statutory authorization and regulatory provisions to subregulatory or “liminal” rules and discretionary decision-making. This trend is apparent in both federal immigration law and in state and local rulemaking affecting immigrant communities. This Article proposes a new theoretical framework within which to analyze this phenomenon. It uses “covering,” a legal theory first developed in the context of employment discrimination and equal protection, as a lens through which to view these recent developments in immigration law and policy. It shows how immigration laws …


New York Law School Magazine, Vol. 36, No. 2 (2017), New York Law School Jan 2017

New York Law School Magazine, Vol. 36, No. 2 (2017), New York Law School

New York Law School Magazine

Features:

Bookshelf: Professor David Schoenbrod’s DC Confidential: Inside the Five Tricks of Washington

Answering the Call: NYLS leads the way in a new era of immigration law

Ready to Launch: Five students reflected on beginning their final year at NYLS


A Case For Empathy: Immigration In Spanish Contemporary Media, Music, Film, And Novels, Constantin C. Icleanu Jan 2017

A Case For Empathy: Immigration In Spanish Contemporary Media, Music, Film, And Novels, Constantin C. Icleanu

Theses and Dissertations--Hispanic Studies

This dissertation analyzes the representations of immigrants from North Africa, Latin America, and Eastern Europe in Spain. As engaged scholarship, it seeks to better the portrayal of immigrants in the mass media through the study of literature, film, and music about immigration spanning from the year 2000 to 2016. Because misconceptions continue to propagate in the media, this dissertation works to counteract anti-immigrant, xenophobic representations as well as balance out overly positive and orientalized portrayal of immigrants with a call to recognize immigrants as human beings who deserve the same respect, dignity, and rights as any other citizen.

Chapter 1 …


Congress Did Not Give The President Unfettered Discretion To Exclude, Maritza I. Reyes Jan 2017

Congress Did Not Give The President Unfettered Discretion To Exclude, Maritza I. Reyes

Journal Publications

No abstract provided.