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Articles 1 - 4 of 4
Full-Text Articles in Law
Finding A Country To Call Home: A Framework For Evaluating Legislation To Reduce Statelessness In Southeast Asia, Alec Paxton
Finding A Country To Call Home: A Framework For Evaluating Legislation To Reduce Statelessness In Southeast Asia, Alec Paxton
Washington International Law Journal
Statelessness is a problem that affects 12 million people worldwide, with severe social, economic, and political consequences. This problem is particularly acute in Southeast Asia. Over the last sixty years, Southeast Asian states have attempted to reduce existing stateless populations through nationalization. These attempts have been met with varying degrees of success. The United Nations High Commission on Refugees and other non-governmental organizations have recently started to evaluate the outcome of these legislative attempts to reduce statelessness. These ad hoc evaluations provide valuable lessons for those who are drafting legislation to reduce existing stateless populations as well as legal scholars …
Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan
Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan
Articles
The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration ("crimmigration'), but diverge aggressively from federal enforcement policy. Enacting states argue that the legislation is merely a species of "cooperative federalism" that does not trespass upon the federal power over foreign affairs, foreign commerce, and nationality rules since the laws mirror federal standards. This Article challenges the formalist mirror theory assumptions behind the new laws and argues that inconsistent state crimmigration enforcement policy and resulting …
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking, Christine N. Cimini
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking, Christine N. Cimini
Articles
This Article examines judicial decisionmaking in labor and employment cases involving undocumented workers. Labor and employment laws, designed to protect all workers regardless of immigration status, often conflict with immigration laws designed to deter the employment of undocumented workers. In the absence of clarity as to how these differing policy priorities should interact, courts are left to resolve the conflict. While existing case law appears to lack coherence, this Article identifies a uniform judicial reliance upon “fault-based” factors. This Article offers a structure to understand this developing body of law and evaluates the legitimacy of the fault-based decisionmaking modalities utilized …
Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro
Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro
Articles
No abstract provided.