Law Commons^™

Perfecting Public Immigration Legislation: Private Immigration Bills And Deportable Lawful Permanent Residents, Kati Griffith

Kati Griffith

[Excerpt] This article examines why the historical relationship between immigration law and private bills has not continued following the enactment of the 1996 immigration laws for any of the affected immigrant groups. The article focuses on LPRs with criminal convictions in particular because their likelihood of deportation has increased dramatically as their access to executive discretion to avoid deportation has decreased. Since 1996, even if an LPR has lived in the United States since childhood, she can be subject to mandatory deportation for almost any criminal conviction – including misdemeanors, such as shoplifting or a bar fight. Since 1996, it …

Ice Was Not Meant To Be Cold: The Case For Civil Rights Monitoring Of Immigration Enforcement At The Workplace, Kati Griffith

Kati Griffith

[Excerpt] As Professor Lee discusses, the U.S. Department of Labor (“DOL”), the main agency in charge of health, safety, and wage and hour protections for employees, has failed to ward off the negative effects of IRCA’s workplace-based immigration enforcement scheme. Part of the reason for this failure, as Professor Lee convincingly contends, is that ICE has the power to make enforcement decisions that affect the workplace rights of employees without consulting the DOL. For Professor Lee, the DOL’s relative impotence, coupled with ICE’s lack of regard for employees’ workplace rights in its immigration enforcement measures, allows “bad-actor” employers to trample …

Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith

Kati Griffith

It is widely acknowledged that Mexican nationals comprise a growing portion of the U.S. workforce, both as authorized and unauthorized workers. The focus on Mexican workers who are currently within the United States overshadows the fact that U.S. employers—typically with the help of their Mexico-based agents—are regularly recruiting and hiring low-wage Mexican workers in Mexico to work in the United States (hereinafter referred to as “recruited Mexican workers”). For instance, it was reported in January 2008 that “Iowa meatpackers actively recruited workers in Mexico” to have enough workers so that they could ship pork “from Iowa slaughterhouses to the rest …

Laborers Or Criminals? The Impact Of Crimmigration On Labor Standards Enforcement, Kati Griffith

Kati Griffith

[Excerpt] As we examine the criminalization of immigration, commonly referred to as “crimmigration” (Stumpf, 2006), it is essential to consider its impact on other areas of law and policy that involve immigrants but are not traditionally thought of as formal elements of either criminal law or immigration law. Why? As Hortensia’s story illustrates, crimmigration may unexpectedly affect protections and rights that relate to immigrants’ experiences but come from other areas of law and policy. This chapter explores the impact of crimmigration on labor standards enforcement. By labor standards enforcement, the chapter refers mainly to the wage and hour, health and …

U.S. Migrant Worker Law: The Interstices Of Immigration Law And Labor And Employment Law, Kati Griffith

Kati Griffith

The work visa program for temporary foreign workers in the United States is “not only the longest-running, but also the largest such program in the world.” Close to one million foreign workers receive work visas each year for both skilled and unskilled temporary jobs in the United States. Nevertheless, the number of foreign workers laboring in the United States that do not have the legal documentation necessary to work in the United States (“undocumented migrant workers”) dwarfs the number of temporary foreign workers that receive visas to work in the United States (“documented migrant workers”). As of 2008, there were …

Immigration Advocacy As Labor Advocacy, Kati Griffith

Kati Griffith

[Excerpt] In this Article, we call for a comprehensive analytical framework that views immigration advocacy as labor advocacy. This framework has implications for the existing scholarship described above and for doctrinal analyses of legal cases relating to employees.’ immigration advocacy efforts.

Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith

Kati Griffith

[Excerpt] This Article develops two general preemption frameworks that feature federal employment law. It first devises and applies an implied-preemption analysis of subfederal employer-sanctions laws based on the preemptive force of FLSA and Title VII. In doing so, this Article reveals that the four subfederal employer-sanctions laws that have produced conflicting court decisions are unconstitutional because they stand as obstacles to fundamental policies underlying FLSA and Title VII. Specifically, these four subfederal laws, along with other subfederal laws that share their qualities, conflict with core federal employment policy goals of protecting employees from employment discrimination and encouraging valid employee-initiated complaints …

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith

Kati Griffith

[Excerpt] This Article explores an underappreciated and promising NLRA protection of collective activity. It elaborates the NLRA’s role as a defense in state defamation cases. Specifically, this Article explains how the “NLRA defamation defense” frees defendants from some forms of defamation liability when the allegedly defamatory statements are made during labor disputes. The defense has no effect on defamation liability in what this Article refers to as “more egregious” state defamation law cases. However, the defense forecloses liability in “less egregious” state defamation law cases. It makes it harder for defamation plaintiffs to win their cases because it requires them …

A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith

Kati Griffith

[Excerpt] Recently, the issues of immigration and immigration policy have garnered intense debate in the United States. Much of what Americans have discussed relates to border security, sanctions against employers who knowingly hire undocumented workers, and temporary and permanent paths to legalization for undocumented workers. This debate often overshadows a meaningful discussion about the future of workplace rights for undocumented workers who, despite their undocumented status, currently work in the United States and at times suffer labor and employment law violations in their workplaces. Unfortunately, the national immigration debate has not incorporated this discussion. Moreover, the current proposed federal immigration …

Doma Implications For Employee Benefit Plans: Round 3, 150 Tax Notes 101 (2016), Kathryn Kennedy

Kathryn J. Kennedy

This article is the third in a series on the implications for employee benefit plans of the Supreme Court’s decisions on the constitutionality of the Defense of Marriage Act (DOMA) and state bans on same-sex marriage. In this article, Kennedy highlights the effect Obergefell v. Hodges will have on employee benefit plans.

Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald Beschle

Donald L. Beschle

No abstract provided.

The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan Leibman, Robert Bennett, Richard Fetter

Robert B. Bennett

Focuses on a study on the effect of lifting the blindfold from civil juries charged with apportioning damages in modified comparative fault cases. Historical background on comparative fault in the United States; Origin of blindfolding; Comparison of blindfold modified comparative fault verdicts with sunshine verdicts; Conclusions.

Legal History Meets The Honors Program, Robert Bennett

Robert B. Bennett

In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author has looked at in iterations of this course were the survival instinct on display in "Regina v. Dudley and Stephens," the Nuremberg trials, the Scopes Monkey Trial, the modern American litigation explosion, and the events surrounding the U.S. Supreme Court decision …

Then You Need To Keep It: Complex Ubit Issues And Strategies For Coping, Terri Helge

Terri L. Helge

Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike

Alexander Colvin

[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin by …

The Prodigal Illegal: Christian Love And Immigration Reform, Victor Romero

Victor C. Romero

Despite the impasse around immigration reform, most everyone believes the United States’ immigration system is broken. And most agree that the key issue is what to do with the eleven million or so undocumented persons currently residing in the United States. As a Christian immigration law teacher, I have been interested in the debate among the churches as to what such reform should look like. In this Article, I use Professor Jeffrie Murphy’s conception of agapic love as a lens through which to examine reform proposals. I then evaluate the two positions Christian churches have seemed to embrace—permanent legal status …

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore

Nancy J. Whitmore

No abstract provided.

Congress, The U.S. Supreme Court And Must-Carry Policy: A Flawed Economic Analysis, Nancy Whitmore

Nancy J. Whitmore

The Cable Television Consumer Protection and Competition Act of 1992, which requires cable operators to carry the signals of local broadcast television stations, was hailed by supporters as a measure that would preserve the economic viability of the local independent broadcaster by unlocking the anticompetitive grip that the local cable company places on access to its system. In upholding the Act in 1997, the United States Supreme Court seemed to ignore the degree to which the cable and broadcast industries have become vertically integrated. In the end, local independent stations became economically viable not because they were guaranteed carriage on …

Law And Economics: We Bought It, It Was Broken, It Was Dangerous, And We Paid For It, Kent Greenfield

Kent Greenfield

The Law Of Abandonment And The Passing Of Property In Trash, Cheng Lim Saw

Cheng L. SAW

This article examines the law of abandonment – primarily in the context of rubbish disposal – from a comparative perspective. It will, in particular, consider whether the owner of moveable property can, in theory, divest himself of ownership rights therein by simply abandoning the chattel in question, and whether the common law recognises such a concept of (unilateral) divesting abandonment. Additionally, the article will examine how, if at all, the notion of abandonment – as it is understood and applied in relation to physical property – may also operate in the realm of intangible property.

Institutionalizing The Multiple Assessment - Teaching Assistant (Mata) Program At Jmls (Forthcoming 2016), Rogelio Lasso

Rogelio A. Lasso

No abstract provided.

Debt Relief, In Encyclopedia Of International Economic Law (Krista Nadakavukaren Schefer & Thomas Cottier, Eds., Edward Elgar, Forthcoming 2016)., Karen Cross

Karen Halverson Cross

No abstract provided.

“But For” Brucker V. Mercola, There Would Not Be Confusion Over What “Arises Out Of Patient Care” Under The Stature Of Repose (Forthcoming 2016), Rogelio Lasso

Rogelio A. Lasso

No abstract provided.

Racially Polarized Voting, Kevin Quinn, Christopher Elmendorf, Marisa Abrajano

Kevin M. Quinn

No abstract provided.

Handbook On Human Rights And The Middle East And North Africa, Anthony Chase

Anthony Chase

No abstract provided.

The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee

Edward Lee

No abstract provided.

Access To Mortgage Credit 2.0, Patricia Mccoy

Patricia A. McCoy

Harper, James And Gray On Torts, 2016-1 Cumulative Supplement To Volumes 1-5, Christopher Robinette, Oscar Gray, Donald Gifford

Christopher J Robinette

Climate Change And Insurance, Patricia Mccoy

Patricia A. McCoy

Takings In The “Sharing Economy", Timothy Mulvaney

Timothy M. Mulvaney