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David P Weber

Selected Works

Immigration Law

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

(Unfair) Advantage: Damocles’ Sword And The Coercive Use Of Immigration Status In A Civil Society, David P. Weber Aug 2010

(Unfair) Advantage: Damocles’ Sword And The Coercive Use Of Immigration Status In A Civil Society, David P. Weber

David P Weber

This article argues that the coercive use of immigration status or “status coercion” in civil proceedings and negotiations is fundamentally unethical and potentially illegal. For attorneys attempting to take advantage of unauthorized immigration status, such conduct very likely violates an attorney's ethical obligations under the Rules of Professional Responsibility and wrongfully takes advantage of an overly vulnerable population. For the judiciary, the article argues for a more proactive approach in maintaining the perception of fairness and justice in civil proceedings for all parties, regardless of immigration status. Additionally, for both legal and lay persons, status coercion may constitute the crime …


(Unfair) Advantage: Damocles’ Sword And The Coercive Use Of Immigration Status In A Civil Society, David P. Weber Aug 2010

(Unfair) Advantage: Damocles’ Sword And The Coercive Use Of Immigration Status In A Civil Society, David P. Weber

David P Weber

This article argues that the coercive use of immigration status or “status coercion” in civil proceedings and negotiations is fundamentally unethical and potentially illegal. For attorneys attempting to take advantage of unauthorized immigration status, such conduct very likely violates an attorney's ethical obligations under the Rules of Professional Responsibility and wrongfully takes advantage of an overly vulnerable population. For the judiciary, the article argues for a more proactive approach in maintaining the perception of fairness and justice in civil proceedings for all parties, regardless of immigration status. Additionally, for both legal and lay persons, status coercion may constitute the crime …


Halting The Deportation Of Businesses: A Pragmatic Paradigm For Dealing With Success, David P. Weber Aug 2009

Halting The Deportation Of Businesses: A Pragmatic Paradigm For Dealing With Success, David P. Weber

David P Weber

Presently, there are estimated to be over 20,000 undocumented immigrants with six figure or higher annual incomes, and many of them are small business owners that provide valuable goods and services, pay taxes, and employ thousands of individuals who are lawfully authorized to work in the United States. Every time one of these individuals is removed from the country, the removal in effect acts to deport the immigrant’s business as well. This article proposes the creation of an entirely new visa category for certain undocumented entrepreneurs to resolve this issue. Part I of the article briefly discusses the economic benefits …