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Articles 31 - 49 of 49
Full-Text Articles in Law
Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe
Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe
Law Faculty Scholarship
[Excerpt] “Historically, liberals have tended to hold more expansive understandings of the scope of federal power. Conservatives, on the other hand, have tended to embrace stronger theories of federalism -- the term we use to describe the reservation of government power to state and local governments under the Constitution.”
Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies
Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Upholding The Revised Refugee Executive Order: A Virginia District Court ClariEs The Establishment Clause Issues, Peter Margulies
Upholding The Revised Refugee Executive Order: A Virginia District Court ClariEs The Establishment Clause Issues, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies
The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies
The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies
The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies
The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies
Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies
The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies, Peter Margulies
The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line, Peter Margulies
The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies
Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Presidential Power And Enjoining The Obama Immigration Plan, Peter Margulies
Presidential Power And Enjoining The Obama Immigration Plan, Peter Margulies
Law Faculty Scholarship
No abstract provided.
President Obama’S Immigration Plan: Rewriting The Law, Peter Margulies
President Obama’S Immigration Plan: Rewriting The Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran
Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran
Law Faculty Scholarship
The government estimates by the end of the fiscal year over 90,000 children will enter the United States. According to the United Nations High Commissioner for Refugees 58% of these children were forcibly displaced and are potentially in need of international protection. However, in U.S. immigration law unaccompanied children are often seen as illegal migrants and law enforcement prioritizes their “alien” status over their status as children. As the crisis escalates, many of these children are being housed at emergency shelters in icebox-cold cells – nicknamed hierleras, Spanish for freezers, with no access to food or medical care, while DHS …
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran
Law Faculty Scholarship
Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there are eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined …
Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran
Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran
Law Faculty Scholarship
Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional …
An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales
An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales
Law Faculty Scholarship
The concerns over another terrorist attack, a sluggish economic recovery, high unemployment rates, and state and local budget deficits have propelled immigration policy to the forefront of political debate in the United States. America’s current approach to immigration is an abject failure, undermining the rule of law and our national security. This has prompted various legislative proposals relating to citizenship, including amending the U.S. Constitution to make clear that children born in the United States to unauthorized immigrants are not entitled to birthright citizenship. The Article presents the reasons why these various state and federal level “solutions” are either ineffective …
Lost In The Maze Of Appeals: The Eleventh Circuit's Review Of Decisions By The Board Of Immigration Appeals, Amy L. Moore
Lost In The Maze Of Appeals: The Eleventh Circuit's Review Of Decisions By The Board Of Immigration Appeals, Amy L. Moore
Law Faculty Scholarship
The Eleventh Circuit reviews decisions made by the Board of Immigration Appeals with a very lenient substantial evidence test that incorporates the idea of compulsion. In other words, the record must compel an opposite conclusion for a decision to be overturned as opposed to merely being unsupported by substantial evidence. This article details the job of the Board of Immigration Appeals, the types of claims it hears, and the types of review applied to it by the Eleventh Circuit. A study of 251 cases from 1990 through 2008 suggests that the Eleventh Circuit hardly ever overturns the Board of Immigration …