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Full-Text Articles in Law

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Oct 2012

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Katherine L. Vaughns

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …


Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine Vaughns Oct 2012

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine Vaughns

Katherine L. Vaughns

No abstract provided.


Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns Oct 2012

Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns

Katherine L. Vaughns

Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …


A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns Oct 2012

A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.


Asylum And Inspections Reform, Katherine L. Vaughns Oct 2012

Asylum And Inspections Reform, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.