Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (7)
- Criminal Law (4)
- Administrative Law (3)
- Criminal Procedure (3)
- Human Rights Law (2)
-
- International Law (2)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Judges (1)
- Law Enforcement and Corrections (1)
- Law and Economics (1)
- Law and Psychology (1)
- Law and Society (1)
- Military, War, and Peace (1)
- Public Law and Legal Theory (1)
- Social Work (1)
- Social and Behavioral Sciences (1)
- Publication
- File Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar
Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar
Daniel Kanstroom
The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human 'illegality' has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines - anthropology, law, political science, religious studies, and sociology - examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, …
Border Searches In The Age Of Terrorism, Robert M. Bloom
Border Searches In The Age Of Terrorism, Robert M. Bloom
Robert Bloom
This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have …
The Legitimacy Of Crimmigration Law, Juliet P. Stumpf
The Legitimacy Of Crimmigration Law, Juliet P. Stumpf
Juliet P Stumpf
Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been hailed as the lynchpin for successful political compromise on immigration reform. Yet crimmigration law’s unprecedented approach to interior immigration and criminal law enforcement threatens to undermine public belief in the fairness of immigration law. This Article uses pioneering social science research to explore people’s perceptions of the legitimacy of crimmigration law. According to Tom Tyler and other compliance scholars, perceptions about procedural justice—whether people perceive authorities as acting fairly—are often more important than a favorable outcome such as winning the case or avoiding arrest. Legal …
Specific Intent And The Purposeful Narrowing Of Victim Protection Under The Convention Against Torture, Mary Holper
Specific Intent And The Purposeful Narrowing Of Victim Protection Under The Convention Against Torture, Mary Holper
Mary Holper
Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (“CAT”) prevents removal of a person to a country where there is a substantial likelihood of torture. The U.S. ratified the CAT in 1994, yet modified the treaty’s definition of “torture” by inserting an understanding that “torture” includes only pain or suffering that is “specifically intended.” Specific intent, an antiquated criminal law term, has several different meanings in criminal law jurisprudence. In Matter of J-E-, the Board of Immigration Appeals in 2002 chose the most narrow definition of specific intent, “purposeful,” and …
Stirring The Melting Pot: A Recipe For Immigrant Acceptance (Review Of The Immigration Crucible: Transforming Race, Nation, And The Limits Of The Law By Philip Kretsedemas), Michael Scaperlanda
Stirring The Melting Pot: A Recipe For Immigrant Acceptance (Review Of The Immigration Crucible: Transforming Race, Nation, And The Limits Of The Law By Philip Kretsedemas), Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family
Jill E. Family
Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez And Martinez, Rebecca Sharpless, Andrew Stanton
Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez And Martinez, Rebecca Sharpless, Andrew Stanton
Rebecca Sharpless
The Corrupting Influence Of The United States On A Vulnerable Intercountry Adoption System: A Guide For Stakeholders, Hague And Non-Hague Nations, Ngos, And Concerned Parties, David M. Smolin
David M. Smolin
This article provides an extensive analysis of the corrupting influence of the United States on the development and present workings of the intercountry/international adoption system. A context for this corrupting influence is provided through a careful analysis of the theoretical and practical vulnerabilities of the intercountry adoption system. The distinctive approaches of the United States to social work, adoption, human rights, children's rights, constitutional law and humanitarian intervention also provides careful analysis. The article is designed to be practical in providing both a clear guide to those interested in reforming the United States' approach to intercountry adoption and related matters, …