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Articles 1 - 30 of 169
Full-Text Articles in Law
Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman
Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman
Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson
Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson
Nathan B. Oman
No abstract provided.
Notes On The Multiple Facets Of Immigration Federalism, Rick Su
Notes On The Multiple Facets Of Immigration Federalism, Rick Su
Rick Su
This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …
A Localist Reading Of Local Immigration Regulations, Rick Su
A Localist Reading Of Local Immigration Regulations, Rick Su
Rick Su
The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …
Cooperative Enforcement In Immigration Law, Amanda Frost
Cooperative Enforcement In Immigration Law, Amanda Frost
Amanda Frost
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Rebecca Sharpless
Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi
Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi
Mark L Noferi
Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes
Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes
Elizabeth Keyes
In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …
Blackwell-Hill V. Lynch, 614 Fed.Appx. 348, (9th Cir. 2015) With Shannon Johnson ’15 And Alejandra Salinas '15, Kari E. Hong
Blackwell-Hill V. Lynch, 614 Fed.Appx. 348, (9th Cir. 2015) With Shannon Johnson ’15 And Alejandra Salinas '15, Kari E. Hong
Kari E. Hong
Confronting Cops In Immigration Court, Mary Holper
Confronting Cops In Immigration Court, Mary Holper
Mary Holper
An Unexceptional Aspect Of President Obama's Immigration Executive Actions, Jill Family
An Unexceptional Aspect Of President Obama's Immigration Executive Actions, Jill Family
Jill E. Family
Human Rights For All Is Better Than Citizenship Rights For Some, Daniel Kanstroom
Human Rights For All Is Better Than Citizenship Rights For Some, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Dapa And The Future Of Immigration Law As Administrative Law, Jill Family
Dapa And The Future Of Immigration Law As Administrative Law, Jill Family
Jill E. Family
The Procedural Fortress Of Us Immigration Law, Jill Family
The Procedural Fortress Of Us Immigration Law, Jill Family
Jill E. Family
The Expansion Of “Particularly Serious Crimes” In Refugee Law: Mirroring The Severity Revolution, Mary Holper
The Expansion Of “Particularly Serious Crimes” In Refugee Law: Mirroring The Severity Revolution, Mary Holper
Mary Holper
Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (“PSC”) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving many refugees vulnerable to deportation without any consideration of the risk of persecution in their cases. This trend is disturbing as a matter of refugee law, but it is even more disturbing because it demonstrates how certain criminal law trends have played out in immigration law. …
Immigration Actors: Federal Agencies And Courts, Enid Trucios-Haynes
Immigration Actors: Federal Agencies And Courts, Enid Trucios-Haynes
Enid F. Trucios-Haynes
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Amanda Frost
Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless
Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless
Rebecca Sharpless
U.S. Immigration Law And The Traditional Nuclear Conception Of Family: Toward A Functional Definition Of Family That Protects Children's Fundamental Human Rights, Shani M. King
Shani M. King
Although the paramount purpose of United States immigration law is not to protect the integrity of family, U.S.immigration law does explicitly aim to do so in certain circumstances. The Immigration and Nationality Act (INA) includes family reunification provisions, for example, which allow United States citizens and lawful permanent residents to petition for family members who live in other countries to join them in the United States. Even the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), often described as a draconian statute, technically allows otherwise removable "aliens" to remain in the United States if removal would result in …
Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk
Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk
Berta E. Hernández-Truyol
An independent global citizenship without a local component and in the absence of the much-feared global government creates two concerns. One, an individual may imperil the rights of others, without a structure that can impose sanctions for the heinous conduct. Two, an individual's rights may be imperiled, and there may be no entity to provide protection. This essay proposes a model of a formal global citizenship that will alleviate these concerns and prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. Such citizenship …
An Administrative "Death Sentence" For Asylum Seekers: Deprivation Of Due Process Under 8 U.S.C. § 1158(D)(6)'S Frivolousness Standard, E. Lea Johnston
An Administrative "Death Sentence" For Asylum Seekers: Deprivation Of Due Process Under 8 U.S.C. § 1158(D)(6)'S Frivolousness Standard, E. Lea Johnston
E. Lea Johnston
In 1996, Congress amended the Immigration and Nationality Act by providing a new sanction for asylum seekers: if an immigration judge makes a finding that a noncitizen has knowingly filed a fraudulent asylum application, then that person is permanently ineligible for immigration benefits. For eleven years, immigration judges, the Board of Immigration Appeals, and federal courts have imposed and reviewed this sanction without specifying a burden of proof. When it did act to fill the statutory gap in April 2007, the Board held that the government must prove the elements of the statute by a preponderance of the evidence. This …
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu
Jonathan Yu
No abstract provided.
Book Review: National Insecurities: Immigrants And U.S. Deportation Policy Since 1882 By Deirdre M. Moloney, Daniel Kanstroom
Book Review: National Insecurities: Immigrants And U.S. Deportation Policy Since 1882 By Deirdre M. Moloney, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Doesn't Love A Wall: U.S. Deportation And Detention, Daniel Kanstroom
Doesn't Love A Wall: U.S. Deportation And Detention, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
What Every Lawyer Needs To Know About Immigration Law, Anna Shavers, Jennifer Hermansky, Jill Family, Lillian Kalmykov, William Jordan
What Every Lawyer Needs To Know About Immigration Law, Anna Shavers, Jennifer Hermansky, Jill Family, Lillian Kalmykov, William Jordan
Jill E. Family
Migrant Labour In The United States: Working Beneath The Floor For Free Labour?, Maria Ontiveros
Migrant Labour In The United States: Working Beneath The Floor For Free Labour?, Maria Ontiveros
Maria L. Ontiveros
This chapter argues that the combination of United States employment and immigration laws create a system for the exploitation of immigrant workers that runs counter to the purpose of the Thirteenth Amendment to the US constitution. The chapter provides an overview to US employment and migration laws and then identifies specific problems raised for immigrant workers. The chapter then describes Thirteenth Amendment jurisprudence and shows how the current system of laws runs afoul of the amendments purpose.
May It Please The Court, Jeri Zeder
May It Please The Court, Jeri Zeder
Kari E. Hong
In a real federal appeals court,in real time, four students endure judges’ withering questions but introduce novel concepts and argue masterfully on behalf of their immigrant clients.
Feature on the Ninth Circuit Appellate Project in Boston College Law School Magazine
The Immigration Detention Risk Assessment, Mark Noferi, Robert Koulish
The Immigration Detention Risk Assessment, Mark Noferi, Robert Koulish
Mark L Noferi
In early 2013, U.S. Immigration and Customs Enforcement (“ICE”) deployed nationwide a new automated risk assessment tool to help determine whether to detain or release noncitizens pending their deportation proceedings. Adapted from similar evidence-based criminal justice reforms that have reduced pretrial detention, ICE’s initiative now represents the largest pre-hearing risk assessment experiment in U.S. history—potentially impacting over 400,000 individuals per year. However, to date little information has been released regarding the risk assessment algorithm, processes, and outcomes.
This article provides the first comprehensive examination of ICE’s risk assessment initiative, based on public access to ICE methodology and outcomes as a …
Mercy In Immigration Law, Allison B. Tirres