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Categorical Approach Or Categorical Chaos? A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. § 16, Timothy M. Mulvaney
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This Note addresses whether felony DWI constitutes a crime of violence for purposes of deportation. Part II of this Note surveys Congress's broad power over immigration and the government's role in deportation. Part III identifies the standard categorical approach to felony DWI offenses employed by both the courts and the Board of Immigration Appeals (BIA) in removal proceedings and analyzes the various conclusions that the courts have reached when interpreting a "crime of violence" under 18 U.S.C. § 16(b). Part IV evaluates an apparent departure from the implementation of this categorical approach in Dalton v. Ashcroft, proposing that this departure …
Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo
Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo
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No abstract provided.
Racism And U.S. Immigration Law: Prospects For Reform After "9/11?", Richard A. Boswell
Racism And U.S. Immigration Law: Prospects For Reform After "9/11?", Richard A. Boswell
Faculty Scholarship
No abstract provided.
Inter-American Court Of Human Rights Amicus Curiae Brief: The United States Violates International Law When Labor Law Remedies Are Restricted Based On Workers' Migrant Status, Sarah H. Cleveland, Beth Lyon, Rebecca Smith
Inter-American Court Of Human Rights Amicus Curiae Brief: The United States Violates International Law When Labor Law Remedies Are Restricted Based On Workers' Migrant Status, Sarah H. Cleveland, Beth Lyon, Rebecca Smith
Faculty Scholarship
Immigrant workers in the United States of America are among the most poorly paid and poorly treated in the workforce. Amici’s attempts to protect the rights of immigrants, including unauthorized workers, have been severely hampered by domestic U.S. laws that discriminate on the basis of alienage and immigration status, and especially by a recent decision of the United States Supreme Court in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002).
Immigrant workers in particular employment-related visa categories are explicitly excluded from the protections of certain U.S. labor and employment laws. So, too, immigrant workers …