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Articles 61 - 74 of 74
Full-Text Articles in Law
Recognition Of The State War Power: The Forgotten Constitutional Clause, Heather Dwyer
Recognition Of The State War Power: The Forgotten Constitutional Clause, Heather Dwyer
Heather Dwyer
This article argues for the existence of a State War Power; a power both antecedent to, and affirmatively acknowledged in, the Constitution. This power permits a state to engage in war if invaded by a hostile force, independent of any federal action. Where a state government and the federal government are at odds, this paper argues that reasonable actions a state takes pursuant to the State War Power can withstand a supremacy challenge by the federal government because the State War Power is a constitutionally enshrined power and provisions of the Constitution must be construed so that the Constitution is …
Toward A Compassionate Solution: The Unhcr Guidance Note And Asylum For Parents Of Female Genital Mutilation Vulnerable Children, Jennifer Mesko
Toward A Compassionate Solution: The Unhcr Guidance Note And Asylum For Parents Of Female Genital Mutilation Vulnerable Children, Jennifer Mesko
Jennifer Mesko
On August 26, 2009, the United States Court of Appeals for the Fifth Circuit handed down its decision in Kane v. Holder denying a father’s petition for withholding of removal despite the threat of FGM to his minor daughter. As one ground of relief, the father, Kane, advanced a principal claim because he would be subject to persecution: “(1) as a member of a social group of ‘parents of minor daughters of the Fulani Tribe who have not had FGM, and who oppose the practice,’ (2) as a result of his political and religious opposition to FGM, and (3) by …
The Zero Sum Game Of Language Accommodations In The Workplace, James B. Leonard
The Zero Sum Game Of Language Accommodations In The Workplace, James B. Leonard
James B. Leonard
A society experiencing high levels of immigration such the United States must grapple with the issue of whether and how to respect minority language preferences. The challenges are particularly acute in the workplace where language is an integral factor in productivity and efficiency. Under current federal law, embodied in the EEOC’s Guidelines on Discrimination Because of National Origin, employers covered by Title VII of the Civil Rights Act of 1964 are restricted to English-only work rules that serve a “business necessity.” Rules failing to meet this standard are considered a form of national origin discrimination. Academic commentators support this approach …
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Dale Thompson
The controversial immigration bill S.B. 1070 enacted by the Arizona legislature utilizes local police to enforce Arizona's interpretations of immigration rules. Meanwhile, the "Utah Compact" suggests that all aspects of immigration policy should be handled by the federal government, not by states or localities. In the midst of this contentious debate, this article uses an "optimal federalism" framework to examine the appropriate locus for immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, in order to determine the appropriate level of government for addressing these institutional aspects of immigration policy. It concludes that due …
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Dale Thompson
No abstract provided.
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Dale Thompson
The controversial immigration bill S.B. 1070 enacted by the Arizona legislature utilizes local police to enforce Arizona's interpretations of immigration rules. Meanwhile, the "Utah Compact" suggests that all aspects of immigration policy should be handled by the federal government, not by states or localities. In the midst of this contentious debate, this article uses an "optimal federalism" framework to examine the appropriate locus for immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, in order to determine the appropriate level of government for addressing these institutional aspects of immigration policy. It concludes that due …
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Dale Thompson
The controversial immigration bill S.B. 1070 enacted by the Arizona legislature utilizes local police to enforce Arizona's interpretations of immigration rules. Meanwhile, the "Utah Compact" suggests that all aspects of immigration policy should be handled by the federal government, not by states or localities. In the midst of this contentious debate, this article uses an "optimal federalism" framework to examine the appropriate locus for immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, in order to determine the appropriate level of government for addressing these institutional aspects of immigration policy. It concludes that due …
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson
Dale Thompson
The controversial immigration bill S.B. 1070 enacted by the Arizona legislature utilizes local police to enforce Arizona's interpretations of immigration rules. Meanwhile, the "Utah Compact" suggests that all aspects of immigration policy should be handled by the federal government, not by states or localities. In the midst of this contentious debate, this article uses an "optimal federalism" framework to examine the appropriate locus for immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, in order to determine the appropriate level of government for addressing these institutional aspects of immigration policy. It concludes that due …
Moral And Legal Dilemma: A Legal Analysis Of The Criticisms Leveled Against Arizona Sb 1070, Michael K. Marriott
Moral And Legal Dilemma: A Legal Analysis Of The Criticisms Leveled Against Arizona Sb 1070, Michael K. Marriott
Michael K Marriott
The Support Our Law Enforcement and Safe Neighborhoods Act, more commonly known as Arizona SB 1070, is a recently passed bill targeting unlawful immigration. Touted to be the strongest piece of immigration legislation passed in America's recent history, the bill has come under fire on state, national, and international levels.
This paper begins by setting the stage for why SB 1070 was passed, and what legislators sought to accomplish. It then provides a basic overview of the bill, with an emphasis towards its more controversial aspects. From there it groups together certain classes of criticisms that have been publicly leveled …
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Jessica Stein
Cultural differences can be the most difficult barrier to overcome and the hardest to define when working with immigrant victims of domestic violence. This issue also seems to be the most puzzling and frustrating to attorneys, with answers that can be uncomfortable and that offend a progressive, liberal sense of lawyering. Drawing on critical race theory, I argue that the problems faced by immigrant victims in seeking help can only be solved by the recognition of the intersectionalities apparent in immigrant domestic violence cases, by the use and encouragement of cross-cultural lawyering, requiring a sincere effort by attorneys to be …
Stateless, Jay Milbrandt
Stateless, Jay Milbrandt
Jay Milbrandt
Traveling to Southeast Asia to research human trafficking, I encountered scores of “stateless” women and children—citizens of no country and wanted by no country. By operation of law, they were denied citizenship. Left stateless, these individuals quickly became vulnerable to human rights abuses, exploitation, and trafficking.
The United Nations estimates that as many as 12 million people worldwide are victims of statelessness. From South East Asia to the Middle East, Africa and Eastern Europe, denial of citizenship takes form as both a failure of law and tool for oppression.
Fortunately, this problem was solved before. After World War I, Europe …
The Asylum Law Of The Particular Social Group, Matthew Paul Nickson
The Asylum Law Of The Particular Social Group, Matthew Paul Nickson
Matthew Paul Nickson
No abstract provided.
Patchwork Solution To A Complicated Problem: How The Current Healthcare Legislation Is Failing To Address The Difficulties Created By Undocumented Immigrants., Daniel O. King
Daniel O King
No abstract provided.
Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin
Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin
David M. Smolin
Child laundering occurs when children are illicitly obtained by fraud, force, or funds, and then processed through false paperwork into "orphans" and then adoptees. Child laundering thus involves illegally obtaining children by abduction or purchase for purposes of adoption. My prior work has documented and analyzed the widespread existence of child laundering in the intercountry adoption system. This article argues that child laundering is a form of exploitation, and hence qualifies as a form of human trafficking. Once child laundering is understood as an exploitative form of child trafficking, legal and ethical norms currently applied to human trafficking become applicable. …