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Full-Text Articles in Law
The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom
The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
Daniel Kanstroom
The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy …
Deportation As A Global Phenomenon: Reflections On The Draft Articles On The Expulsion Of Aliens, Daniel Kanstroom
Deportation As A Global Phenomenon: Reflections On The Draft Articles On The Expulsion Of Aliens, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.