Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (10)
- St. Mary's University (7)
- University of Michigan Law School (7)
- Penn State Law (6)
- Brigham Young University (4)
-
- University of Pennsylvania Carey Law School (4)
- Roger Williams University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Georgia School of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- University of Washington School of Law (3)
- American University Washington College of Law (2)
- University of Cincinnati College of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of the District of Columbia School of Law (2)
- California State University, San Bernardino (1)
- Chicago-Kent College of Law (1)
- City University of New York (CUNY) (1)
- Duke Law (1)
- Kennesaw State University (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Pepperdine University (1)
- SIT Graduate Institute/SIT Study Abroad (1)
- Saint Louis University School of Law (1)
- St. John's University School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Denver (1)
- University of Florida Levin College of Law (1)
- Publication Year
- Publication
-
- Journal Articles (7)
- All Faculty Scholarship (5)
- St. Mary's Law Journal (5)
- TSOS Interview Gallery (4)
- Victor C. Romero (4)
-
- Articles (3)
- Mel Cousins (3)
- Michigan Journal of Race and Law (3)
- Scholarly Works (3)
- University of Maryland Law Journal of Race, Religion, Gender and Class (3)
- Faculty Articles and Other Publications (2)
- Faculty Scholarship (2)
- Georgia Journal of International & Comparative Law (2)
- The Scholar: St. Mary's Law Review on Race and Social Justice (2)
- University of Michigan Journal of Law Reform (2)
- American University Law Review (1)
- Anne T Gallagher (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Journals (1)
- Chicago-Kent Law Review (1)
- Dissertations, Theses, and Capstone Projects (1)
- Electronic Theses, Projects, and Dissertations (1)
- Faculty Publications (1)
- Human Rights & Human Welfare (1)
- Independent Study Project (ISP) Collection (1)
- Indiana Journal of Law and Social Equality (1)
- Journal of Race, Gender, and Ethnicity (1)
- Law School Blogs (1)
- Life of the Law School (1993- ) (1)
- Master of Laws Research Papers Repository (1)
- Publication Type
Articles 31 - 60 of 81
Full-Text Articles in Law
Interrogating Iqbal: Intent, Inertia, And (A Lack Of) Imagination, Victor C. Romero
Interrogating Iqbal: Intent, Inertia, And (A Lack Of) Imagination, Victor C. Romero
Victor C. Romero
In Ashcroft v. Iqbal, the Court reaffirmed the long-standing equal protection doctrine that government actors can only be held liable for discriminatory conduct when they purposefully rely on a forbidden characteristic, such as race or gender, in promulgating policy; to simply know that minorities and women will be adversely affected by the law does not deny these groups equal protection under the law. This Essay interrogates this doctrine by taking a closer look at Iqbal and Feeney, the thirty-year-old precedent the majority cited as the source of its antidiscrimination standard. Because Feeney was cited in neither of the lower court …
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Journal of Race, Gender, and Ethnicity
No abstract provided.
Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig, Mel Cousins
Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig, Mel Cousins
Mel Cousins
This case involves an important decision of the Grand Chamber of the Court of Justice of the EU (CJEU) in relation to when Member States may refuse benefits to non-nationals who do not have a right of residence under EU law. The Court held that Article 24(1) of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and Article 4 of Regulation No 883/2004 did not preclude a national law under which nationals of other Member States are excluded from entitlement to certain …
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Touro Law Review
No abstract provided.
And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
Back To Blood: The Sociopolitics And Law Of Compulsory Dna Testing Of Refugees, Edward S. Dove
Back To Blood: The Sociopolitics And Law Of Compulsory Dna Testing Of Refugees, Edward S. Dove
University of Massachusetts Law Review
Since October 2012, certain family members of refugees seeking reunification through the United States Refugee Admissions Priority Three program must undergo DNA testing to prove they are genetically related. The putative purposes of the policy include fraud prevention, enhanced national security, and greater efficiency in refugee claims processing. Upon close inspection, however, the new policy generates significant sociopolitical and legal concerns. The notion of what constitutes a family is significantly narrowed. Required DNA testing may violate domestic laws and international human rights instruments regarding voluntary informed consent, privacy, and anti-discrimination. Traditional legal solutions insufficiently remedy these concerns and cannot prevent …
Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins
Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins
Mel Cousins
The adoption of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (hereinafter “PRWORA”) led to considerable litigation over immigrants’ rights to welfare benefits and access to health care. The approaches adopted by different courts (both federal and state) diverged significantly based on the various statutory schemes involved as well as distinct approaches to equal protection. However, no “on point” cases have reached the United States Supreme Court, so the “correct” approach remains unclear. Following the fiscal crisis of 2008, several states moved for increased exclusion of certain immigrants residing in the country legally from state healthcare or welfare …
Equal Protection, Immigrants And Access To Health Care And Welfare Benefits – A 2014 Update, Mel Cousins
Equal Protection, Immigrants And Access To Health Care And Welfare Benefits – A 2014 Update, Mel Cousins
Mel Cousins
The introduction of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) led to considerable litigation on the rights of immigrants to welfare benefits and access to health care. There was significant divergence between the approaches adopted by the different courts (both federal and State) based, in part, on the different statutory schemes involved but also on different approaches to equal protection. However, none of the cases reached the Supreme Court so the ‘correct’ approach remained unclarified. In response to the Great Recession and subsequent budget crises, several States have again excluded certain legal immigrants from the scope …
Our Illegal Founders, Victor C. Romero
Our Illegal Founders, Victor C. Romero
Journal Articles
This Essay briefly mines America’s history to argue that the law setting forth where our national borders are and how strictly we patrol them has always been subject to the vagaries of politics, economics, and perception. Illegal (im)migration has long been part of our migration history, engaged in not just by Latin American border crossers, but also by prominent colonists, giving the lie to the claim that upholding border laws should always be sacrosanct. In many school districts today, the usual summary of American history from our childhood civics classes no longer bypasses the uncomfortable truths of conquest and westward …
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman
University of Maryland Law Journal of Race, Religion, Gender and Class
"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.
Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel Zoghlin
Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel Zoghlin
Articles in Law Reviews & Journals
No abstract provided.
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
Chamber Of Commerce Of U.S. V. Whiting: The Possibility Of Anti-Discriminatory Immigration Reform In An Era Of Resurgent Federalism, Keelan Diana
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
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 …
Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang
Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang
Faculty Articles and Other Publications
This article examines new Chinese migration into Europe during a period of economic stagnation - more specifically, the movement of Zhejiangese merchants in Southeast Europe. The Zhejiangese migration pattern is diversifying from a predominantly petty merchant phenomenon to include the sophisticated operations of large-scale investors. It is therefore in the interests of host countries to foster, rather than restrict, this progression toward institutionalization. As such, governments should shape immigration and antidiscrimination policies to harness the potential of these migrants.
Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein
Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein
Richard Daniel Klein
No abstract provided.
Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam
Chicago-Kent Law Review
Asylum law provides an area within immigration law that is unexpectedly friendly to lesbians, gay men, bisexuals, and transgender persons. Persons who suffer persecution on account of "membership in a particular social group" are eligible to live and work in the United States. This encompasses lesbians, gay men, bisexuals, and transgender persons who suffer persecution. However, United States law does not clearly define applicable standards in this area. As a result, different adjudicators in the asylum process focus on different methodological approaches and sometimes inject bias into the process. In addition, because the terms "lesbian," "gay," "bisexual," and "transgender" are …
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
All Faculty Scholarship
Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.
Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Faculty Articles and Other Publications
Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.
Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …
Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero
Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero
Journal Articles
Although not an equal protection case, Martinez v. Regents of the University of California challenges us to grapple with the Supreme Court’s post-Brown commitment to equal opportunity within the context of immigrant higher education. Sadly, Brown’s progeny from Bakke to Parents Involved reveals the cost of embracing a color-blind constitutionalism unmoored from a fundamental commitment to vigilantly combat subordination and dismantle unearned privilege. More optimistically, the Supreme Court’s gay rights jurisprudence developed in Romer v. Evans and Lawrence v. Texas provides insights into how a conservative court can accurately distinguish irrational discrimination from democratic deliberation, a lesson that might help …
The "Illegal" Tax, Francine J. Lipman
A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney
A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney
Human Rights & Human Welfare
Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.
Federal Employer Sanctions As Immigration Federalism, Darcy M. Pottle
Federal Employer Sanctions As Immigration Federalism, Darcy M. Pottle
Michigan Journal of Race and Law
For low-skilled workers in much of the world, U.S. admission policies make illegal immigration the most viable means of entering the country. Low average schooling, which disqualifies many potential immigrants from employment-based visas, and long queues affecting family preference immigration from high-traffic countries, make the admission criteria outlined in the U.S. Immigration and Nationality Act (INA) prohibitive for most would-be immigrants to the United States. Perhaps due to this failure of immediate legal avenues, many immigrants enter the country illegally. Though many eventually gain legal status, in the meantime they live and work in the United States without documentation. "Illegal …
The High Cost Of Freedom: A Legal And Policy Analysis Of Shelter Detention For Victims Of Trafficking, Anne T. Gallagher, Elaine Pearson
The High Cost Of Freedom: A Legal And Policy Analysis Of Shelter Detention For Victims Of Trafficking, Anne T. Gallagher, Elaine Pearson
Anne T Gallagher
In countries around the world it is common practice for victims of human trafficking who have been “rescued” or who have escaped from situations of exploitation to be placed and detained in public or private shelters. In the most egregious situations, victims can be effectively imprisoned in such shelters for months, even years. This article uses field-based research to document this largely unreported phenomenon. It then considers the international legal aspects of victim detention in shelters and weighs the common justifications for such detention from legal, policy, and practical perspectives.
Interrogating Iqbal: Intent, Inertia, And (A Lack Of) Imagination, Victor C. Romero
Interrogating Iqbal: Intent, Inertia, And (A Lack Of) Imagination, Victor C. Romero
Journal Articles
In Ashcroft v. Iqbal, the Court reaffirmed the long-standing equal protection doctrine that government actors can only be held liable for discriminatory conduct when they purposefully rely on a forbidden characteristic, such as race or gender, in promulgating policy; to simply know that minorities and women will be adversely affected by the law does not deny these groups equal protection under the law. This Essay interrogates this doctrine by taking a closer look at Iqbal and Feeney, the thirty-year-old precedent the majority cited as the source of its antidiscrimination standard. Because Feeney was cited in neither of the …
Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. Mckanders
Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many legislators and city council members state that the purpose of the anti-immigrant laws is to restrict illegal immigration where the federal government has failed to do so, opponents claim that the laws are passed to enable discrimination and exclusion of all Latinos, regardless of their immigration status. …
Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander
Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter
Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter
American University Law Review
Should a nation extend legal rights to those who enter the country illegally? The Supreme Court recently addressed this question when it held that unauthorized immigrants who are fired illegally for unionizing cannot recover monetary remedies. This has led to a significant decline in employment protections for unauthorized immigrants beyond the unionized sector. For example, some courts now question whether unauthorized immigrants can receive full remedies for sexual harassment, workplace discrimination, or on-the-job injuries.
Scholars have criticized these losses but have yet to formulate a coherent framework for evaluating the employment rights of unauthorized immigrants. This article does so by …
Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri
Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri
Faculty Publications
In the face of federal inability to effectively police our national borders and to remove unauthorized immigrants, many local governments have recently sought to take measures into their own hands by passing anti-illegal immigrant ("AII") ordinances. These ordinances usually contain a combination of provisions restricting housing, employment, and public benefits for unauthorized immigrants, among other things.This Article focuses on AII provisions that are targeted at private rental housing, which typically take the form of sanctions against landlords who rent to unauthorized immigrants.