Law Commons^™

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

To Include Or Exclude? A Comparative Study Of State Laws On In-State Tuition For Undocumented Students In The U.S., Julie Stewart Phd

Julie Stewart PhD

Abstract Against the backdrop of a national environment growing increasingly unwelcome to immigrants more generally – and undocumented immigrants in particular – our study seeks to shed light on one immigrant law relevant to between one and two million people: in-state tuition laws for undocumented students. Most of these students came here as young children and grew up American, yet without the rights of citizenship, do not qualify for resident tuition rates at public universities. Across the country, state legislatures are struggling with this issue, some passing laws to facilitate educational access, even as others seek to block these students …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

On The Morality And Legality Of Borders: Border Policies And Asylum Seekers, Tally Kritzman-Amir

Tally Kritzman-Amir

The article examines the way in which states treat– and should treat – asylum seekers seeking to enter the country in an undocumented manner. Part I of the paper discusses in general terms whether states have a moral duty towards asylum seekers wishing to enter their borders. We argue that there is indeed such a duty, and discuss the source of this duty. From this duty, we believe, derives a moral duty to apply fair procedures at the border. Part II explains the legal norms imposing such a duty on states toward asylum seekers at their borders. We explain that …

Why Arizona Senate Bill 1070 Is Constitutional And Not Preempted By Federal Law, Calvin Lionel Lewis, David Strange, Michael Blake Downey

Calvin L. Lewis

WHY ARIZONA SENATE BILL 1070 IS CONSTITUTIONAL AND NOT PREEMPTED BY FEDERAL LAW ABSTRACT On April 23, 2010, Arizona Governor Janet Brewer signed into law a bill titled the “Support Our Law Enforcement and Safe Neighborhoods Act,” commonly referred to as “SB 1070.” The law was designed to “discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.” This law, along with a set of amendments, set off a firestorm of controversy nationwide, including street protests, economic boycotts, court challenges, and political posturing. The controversy centers around the broad …

Exploration Into The Foreign Policy Impact Of Recent Immigration Laws, Luke Larson

Luke Larson

No abstract provided.

Exploration Into The Foreign Policy Impact Of Recent Immigration Laws, Luke Larson

Luke Larson

No abstract provided.

Immigration Detention & Human Rights In The Lone Star State, Liane N. Noble

Liane N Noble

Every year, almost 400,000 individuals are held in immigration detention in the United States. These individuals—men, women, and even children—are held in a patchwork of federal, local, and private contract facilities. Surprisingly, one-third of all U.S. immigration detention beds are located in the state of Texas. Given the concentration of detention space in Texas and thus the unique issues facing that state, this report seeks to elucidate the key human rights issues surrounding immigration detention with a focus on the situation in Texas.

The information contained in this report was gathered using a variety of research methods, including: (1) review …

Arizona’S Support Our Law Enforcement And Safe Neighborhoods Act: Its Likely Consequences On Latino Communities And What To Do About Them, Elena Llamas

elena llamas

The U.S. has seen a recent wave of legislative efforts to empower state and local law enforcement officers with anti-illegal immigration responsibilities. The purpose of this article is to suggest community policing changes that police departments could enact to best enforce these types of laws and mantain good relations with Latinos.

Dreams Deferred – Why In-State College Tuition Rates Are Not A Benefit Under The Iirira And How This Interpretation Violates The Spirit Of Plyler, Laura A. Hernandez

Laura A Hernandez

A legal barrier to education. The concept is distinctly un-American. We are well acquainted with the narrative. No matter how humble your childhood circumstances, if you studied hard, dreamed big and worked even harder, access to the United States’ finest universities would be yours. A college degree would provide employment opportunities, the chance to form bonds with scions of the privileged and well connected, and with any luck, a direct entree into that world of financial security.

Because this particular tale of manifest destiny has such a strong hold on the American psyche, it is understandable why the number of …

The International Human Right To Safe And Humane Treatment During Pregnancy And A Theory For Its Application In U.S. Courts, Hilary Hammell

Hilary Hammell

Under international human rights law, every woman has the right to safe and humane treatment during pregnancy, labor, and childbirth. This article examines the content of that human right as it exists under international law, and suggests one theory –international customary law – for its application in U.S. court cases challenging the treatment of pregnant women in custody. Using Juana Villegas v. Metropolitan Government of Davidson County as a case study, this article argues that international law should be used as binding law, not just as a tool for Eighth Amendment interpretation, and is especially relevant when non-citizen pregnant women …

United States V. Arizona: The Support Our Law Enforcement And Neighborhoods Act Is Preempted And Discriminatory, Melissa D. Goolsarran

Melissa D Goolsarran

In this paper I argue that S.B. 1070 should be not be upheld for two reasons. First, in ways that will be explicated below, S.B. 1070 directly conflicts with federal immigration law; thus it is preempted according to the Supremacy Clause of the Constitution. Second, the law is unconstitutional because it allows for discrimination by police officers on the basis of race or national origin. This Note contends that the Ninth Circuit correctly affirmed the decision of the lower court to find S.B. 1070 preempted by federal immigration law; however the Ninth Circuit should have also found that S.B. 1070 …

The Dream Act And The Right To Equal Educational Opportunity: An Analysis Of, Ashley Feasley

Ashley Feasley

Under the current U.S. immigration laws, undocumented children face deportation and are frequently denied access to higher education. The 2011 Development, Relief, and Education for Alien Minors (“DREAM”) Act would provide conditional permanent residency to certain illegal alien applicants who graduate from U.S. high schools, are of good moral character, arrived in the U.S. illegally as minors, and have been residing in the U.S. continuously for at least five years prior to the bill's enactment. The DREAM Act proposes touches on a variety of human rights issues, including the right to education and the right to be free from discrimination. …

The Abuse Of H-2 Visas And Their Use For Labor Trafficking Purposes, Maryam Tabatabai

Maryam Tabatabai

This article will discuss recent cases of guest worker exploitation, ineffective enforcement of H-2 regulations, inadequate protection of guest workers, causes of action currently available to victims, and possible solutions to mitigate abuse. Every year, about 121,000 guest workers arrive in the United States with hopes of achieving a better life for themselves and their families. Our system needs to ensure that we have legislative frameworks and the enforcement mechanisms in place to protect these workers, so that they may work hard to obtain a better living.

What The United States Can Learn From Other Common Law Countries About Refugee Claims Based On Membership In A Particular Social Group, Judith M. Patterson

Judith M Patterson

The United States, Canada, United Kingdom, New Zealand and Australia have approached the particular social group category of refugees somewhat differently and employed a range of legal concepts. Nonetheless, jurisprudence has yielded remarkably similar results. A consistent understanding of the term particular social group as used in the Convention’s definition of refugee is a desirable goal and considering foreign jurisprudence works toward the goal of achieving uniformity. Additionally, exploring how decision makers in other refugee-receiving common law countries deal with particular social group claims enables jurists in the United States to draw on various perspectives that will serve to clarify …

After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow

Stacy Caplow

For many years, the big news in United States Courts of Appeal was the skyrocketing immigration caseload. For Courts that traditionally had busy immigration dockets, the effect was tsunamic. One of those Circuits, the Second, instituted a nonargument calendar that, over the past five years, has enabled the Court to regain some control over its swollen docket. While this administrative strategy has rescued the Court from drowning, the flow of cases continues, somewhat abated, but with enduring force. The so-called surge had unanticipated consequences extending far beyond court management changes. As a result of their increased exposure to immigration cases …