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Full-Text Articles in Law
National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia
National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia
Washington and Lee Law Review
No abstract provided.
Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom
Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom
Washington and Lee Law Review
No abstract provided.
Fitting Punishment, Juliet Stumpf
Fitting Punishment, Juliet Stumpf
Washington and Lee Law Review
Proportionality is conspicuously absent from the legal framework for immigration sanctions. Immigration Law relies on one sanctiondeportation- as the ubiquitous penalty for any immigration violation. Neither the gravity of the violation nor the harm that results bears on whether deportation is the consequence for an immigration violation. Immigration Law stands alone in the legal landscape in this respect. Criminal Law incorporates proportionality when imposing graduated punishment based on the gravity of the offense; contract and tort Law provide for damages that are graduated based on the harm to others or to society. This Article represents the first and fundamental step …
The New Path Of Immigration Law: Asymmetric Incorporation Of Criminal Justice Norms, Stephen H. Legomsky
The New Path Of Immigration Law: Asymmetric Incorporation Of Criminal Justice Norms, Stephen H. Legomsky
Washington and Lee Law Review
Starting approximately twenty years ago, and accelerating today, a clear trend has come to define modern immigration law. Sometimes dubbed "criminalization," the trend has been to import criminal justice norms into a domain built upon a theory of civil regulation. An embryonic literature chronicles this process well but fails to showcase its consciously asymmetric form. This Article argues that immigration law has been absorbing the theories, methods, perceptions, and priorities associated with criminal enforcement while explicitly rejecting the procedural ingredients of criminal adjudication. The normative thesis is that this asymmetry has skewed both discourse and outcomes by excluding the careful …