Law Commons^™

Immigration Justice: Beyond Liberal Egalitarian And Communitarian Perspectives, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

A New Look At Actual Minimum Job Requirements And Experience In Similar Occupations And With The Same Employer: Balca's 20 C.F.R. Section 656.21 (B)(6), Lorna Rogers Burgess

San Diego Law Review

In this Article, Ms. Burgess discusses the Board of Alien Labor Certification Appeals (BALCA) which was created by an amendment to 20 C.F.R. § 656.26 and § 656.27. Ms. Burgess asserts that the creation of BALCA has significantly improved the system of adjudication of Applications for Alien Employment Certification. Though BALCA has exerted viable standards, these standards are far from providing analytically sound and practical guidance to practitioners and Certifying Officers. The author suggests that good lawyering in the future may improve BALCA's jurisprudence.

Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley

San Diego Law Review

In this Article, Mr. Feeley, discusses the historical roots of the power of the Church to provide sanctuary to those in fear of life and limb. Tracing its historical roots, the author identifies three elements of sanctuary - person, place, governmental check. He then demonstrates that the American Sanctuary Movement contains these defining elements of historical sanctuary. An analysis of the Sanctuary Movement concludes that, despite its different features and cultural locus, the Movement embodies the ancient elements of person, place and governmental check transformed, rather than transubstantiated by the American context.

United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller

San Diego Law Review

In the Article, Mr. Miller demonstrates how cross-border direct investment in the U.S. through a foreign company's acquisition of a domestic business necessitates careful immigration planning. He speaks directly to the investor and shows that a main priority is the quick and efficient transfer foreign personnel and the employment of foreign graduates. Recognizing the complexity of federal statutes and regulations governing foreign investment, the author concludes that a foreign investor will need to quickly learn that an effective immigration strategy is necessary to successfully do business in the U.S.

Expatriation In The United States: Precept And Practice Today And Yesterday, Alan G. James

San Diego Law Review

In this Article, Mr. James traces the historical roots of expatriation to its current application in present-day law, regulations and procedures. Using as a reference point both the expatriation of the American novelist Henry James and the United States Supreme Court's 1990 decision in Vance v. Terrazas, the author highlights the major facets of expatriation. Specifically, the author focuses on processing and documentation of loss of nationality cases, development of the role of the Department of State in expatriation, the constituent elements of a determination of loss of nationality, and administrative and judicial review of holdings of loss of citizenship …

Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the EEOC's recent decision to extend various anti-discrimination rights to illegal immigrants.

Introduction: Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

The

Indiana Journal of Global Legal Studies

is pleased to announce the

publication of its fifth annual Immigration Project. Every fall, the

Journal

publishes a series of student papers documenting important developments and

trends in immigration or transiency-related legal issues. The papers in the

Immigration Project are intended to create a point of reference for further

research and scholarship. Notes provide in-depth substantive analysis of

topics that reflect recent developments in immigration law. Trend papers

document new or recurring issues surrounding different aspects of

immigration.

China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

Vagabonds, Tinkers, And Travelers: Statelessness Among The East European Roma, Adam M. Warnke

Indiana Journal of Global Legal Studies

No abstract provided.

The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks

Indiana Journal of Global Legal Studies

No abstract provided.

Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

Scheherezade Meets Kafka: Two Dozen Sordid Tales Of Ideological Exclusion, Susan M. Akram

Faculty Scholarship

More than two dozen immigrants' in the United States are facing deportation² or removal ³ proceedings based primarily on evidence that the Immigration and Naturalization Service ("INS") has refused to disclose because it is "classified.", ⁴ The use of secret evidence in deportation proceedings is the most powerful tool in an apparently systematic attack by U.S. governmental agencies on the speech, association and religious activities of a very defined group of people: Muslims, Arabs, and U.S. lawful permanent residents of Arab origin residing in this country. Evidence emerging from these cases indicates that the government is spending thousands of …

The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham

Washington International Law Journal

The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …

The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham

Washington International Law Journal

The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …

Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne

Osgoode Hall Law Journal

The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …

Immigration, The Servant Problem, And The Legacy Of The Domestic Labor Debate: "Where Can You Find Good Help These Days!", Mary Romero

University of Miami Law Review

No abstract provided.

Introduction: The Value Of Our Work, Professor Elvia R. Arriola

University of Miami Law Review

No abstract provided.

Asian Law Journal Symposium On Labor And Immigration, Hina Shah

Publications

No abstract provided.

Seeing Through A Glass, Darkly: The Social Context Of "Particular Social Groups" In Lwin V. Ins, John Hans Thomas

BYU Law Review

No abstract provided.

Nato Action Unwisely Undercuts U.N., C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Detention Of Aliens: Theories, Rules, And Discretion, Stephen H. Legomsky

University of Miami Inter-American Law Review

No abstract provided.

U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young

University of Miami Inter-American Law Review

No abstract provided.

Introduction To The Symposium Panel On "Economic Impacts Of Immigration", David Abraham

University of Miami Inter-American Law Review

No abstract provided.

Ins V. Aguirre-Aguirre: The Absence Of A Political Crime Standard For Withholding Of Deportation, Chad Alan Earnst

University of Miami Inter-American Law Review

No abstract provided.

Ins Detention In Florida, Cheryl Little

University of Miami Inter-American Law Review

No abstract provided.

Reining-In A Rogue Policy: The Imperative Of Immigration Reform, Vernon M. Briggs Jr.

University of Miami Inter-American Law Review

No abstract provided.

To The World Commission On Dams: Don't Forget The Law, And Don't Forget Human Rights-Lessons From The U.S.-Mexico Border, Raúl M. Sánchez

University of Miami Inter-American Law Review

No abstract provided.

Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro

University of Miami Inter-American Law Review

No abstract provided.

Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor

International Bulletin of Political Psychology

This articles discusses a recent Supreme Court case revolving around whether foreigners who have committed serious nonpolitical crimes outside the US are ineligible for refugee status regardless of the severity of persecution that would await them at their countries of origin.

Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff

Michigan Journal of Race and Law

This essay argues that the concept of post-nationalism does not precisely explain the American concept of citizenship. This is due to the strict construction of the nation state in American constitutional theory, the ineffective role of international human rights norms in American jurisprudence, and the extension of protection to non-citizens based on territorialist rationales. For these reasons, the author suggests that denizenship is a more appropriate way of viewing the American citizenship model, and is one that explains how notions of personal identity can be transnational while still justifiable within traditional nation-state constructs.