Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (22)
- Human Rights Law (7)
- Civil Rights and Discrimination (6)
- International Law (4)
- Labor and Employment Law (3)
-
- Civil Procedure (2)
- Comparative and Foreign Law (2)
- Law and Society (2)
- Business Organizations Law (1)
- Civil Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- Family Law (1)
- Fourteenth Amendment (1)
- International Humanitarian Law (1)
- International and Area Studies (1)
- Jurisprudence (1)
- Latin American Studies (1)
- Law and Economics (1)
- Law and Politics (1)
- Legal History (1)
- Organizations Law (1)
- Politics and Social Change (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- State and Local Government Law (1)
- Torts (1)
- Institution
-
- BLR (5)
- New York Law School (4)
- Selected Works (3)
- Chicago-Kent College of Law (2)
- Seattle University School of Law (2)
-
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Case Western Reserve University School of Law (1)
- Fordham Law School (1)
- George Washington University Law School (1)
- Marquette University Law School (1)
- Mitchell Hamline School of Law (1)
- Saint Louis University School of Law (1)
- SelectedWorks (1)
- University of Denver (1)
- University of Florida Levin College of Law (1)
- University of Louisville (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Publication
-
- ExpressO (5)
- NYLS Law Review (4)
- Faculty Scholarship (2)
- Seattle University Law Review (2)
- Seventh Circuit Review (2)
-
- All Faculty Scholarship (1)
- American University Law Review (1)
- Brandeis School of Law Faculty Scholarship (1)
- Case Western Reserve Journal of International Law (1)
- David Cook-Martín (1)
- Enid F. Trucios-Haynes (1)
- Ernesto A. Hernandez (1)
- Faculty Publications (1)
- Fordham Law Review (1)
- GW Law Faculty Publications & Other Works (1)
- Human Rights & Human Welfare (1)
- Jill E. Family (1)
- Marquette Sports Law Review (1)
- Nevada Law Journal (1)
- UF Law Faculty Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 30
Full-Text Articles in Law
Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín
Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín
David Cook-Martín
Policies that regulate peoples international movement and their state membership have historically made distinctions based on perceived sexual differences, but little is known about the process by which this has happened. This paper explores how and with what consequences migration and nationality policies have been gendered in two quintessential countries of emigration (Italy and Spain), and in a country of immigrants (Argentina) over a 150-year period. I argue that these migration and nationality policies have reflected the dynamics of the political fields in which they have been crafted. Especially before the Great War, laws and official practices that showed a …
J. Eric Dibbern On Forbidden Families: Family Unification And Child Registration In East Jerusalem By Yael Stein. Hamoked: Center For The Defense Of The Individual, 2004. 41pp., J. Eric Dibbern
Human Rights & Human Welfare
A review of:
Forbidden Families: Family Unification and Child Registration in East Jerusalem by Yael Stein. HaMoked: Center for the Defense of the Individual, 2004. 41pp.
National Security And Immigration Policy: Reclaiming Terms, Measuring Success, And Setting Priorities, Margaret D. Stock
National Security And Immigration Policy: Reclaiming Terms, Measuring Success, And Setting Priorities, Margaret D. Stock
ExpressO
This paper offers a three-pronged framework for evaluating immigration-related security measures and tactics. First, does the measure or strategy relate to a legitimate security goal? Second, what does the measure propose to accomplish, will it be successful in achieving that end, and how can its success (or failure) be assessed? Third, is the measure worth the cost both in resources and opportunities foregone? The paper goes on to evaluate the US Government's recent implementation of the US-VISIT program against this framework.
Delegating Democracy - The Siphoning Of Immigration Power From Congress To The States And Administrative Agencies, And The Need For A New Approach.", Oleg S. Kobelev
Delegating Democracy - The Siphoning Of Immigration Power From Congress To The States And Administrative Agencies, And The Need For A New Approach.", Oleg S. Kobelev
ExpressO
The paper's central thesis is that a doctrine of non-delegation in conjunction with the plenary power of Congress in the area of immigration law makes it possible for Congress to escape its democratic responsibilities to the voters by allowing it to shove difficult or unpopular decisions to the administrative agencies with little oversight or accountability to the public. This paper proposes a new constitutional approach to the delegation theory in the context of immigration - a theory of explicit delegation.
Semper Fi? The Infidelity Of The Seventh Circuit In Applying A Good Moral Character Requirement To Naturalizing War Veterans, Joshua P. Montgomery
Semper Fi? The Infidelity Of The Seventh Circuit In Applying A Good Moral Character Requirement To Naturalizing War Veterans, Joshua P. Montgomery
Seventh Circuit Review
In a case of first impression, the Seventh Circuit misinterpreted naturalization statutes to hold that a good moral character requirement is applicable to aliens who served honorably in the military during times of war. The obligation of naturalizing aliens to show good moral character is listed among the residency requirements of 8 U.S.C.S. § 1427. However, 8 U.S.C.S. § 1440 excuses alien wartime veterans from making this showing by exempting them from the residency requirements in 8 U.S.C.S. § 1427. In supporting its position that alien wartime veterans must prove good moral character in order to naturalize, the Seventh Circuit …
The Rush To Limit Judicial Review, Jill Family
The Rush To Limit Judicial Review, Jill Family
Jill E. Family
Canons, The Plenary Power Doctrine And Immigration Law, Brian G. Slocum
Canons, The Plenary Power Doctrine And Immigration Law, Brian G. Slocum
ExpressO
There is a fundamental dichotomy in immigration law. On one hand, courts have consistently maintained that Congress has “plenary power” over immigration and reject most constitutional challenges on that basis. On the other hand, courts frequently use canons of statutory construction in an aggressive fashion to help interpret immigration statutes in favor of aliens. Immigration scholars have almost exclusively focused on the plenary power doctrine. They have either ignored the important role that canons have played in immigration law or have viewed canons as serving only a temporary and marginally legitimate role as substitutes for the lack of constitutional rights …
'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii
'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
This essay introducing the June 2006 edition of the Federal Sentencing Reporter (Vol. 18, No. 5) describes two important contributions to the movement for real reform of the federal sentencing system. First, Professor Bowman summarizes the recommendations of the Constitution Project Sentencing Initiative (CPSI) report on federal sentencing. The CPSI report, reproduced in this Issue, cautions against any over-hasty legislative response to the Supreme Court's decision in United States v. Booker, suggests some near-term improvements to the existing federal sentencing system, and then sets out a framework for a reformed and markedly simplified federal sentencing regime. Second, Professor Bowman describes …
Seeking Asylum In A Hostile System: The Seventh Circuit Reverses To Confront A Broken Process, John R. Floss
Seeking Asylum In A Hostile System: The Seventh Circuit Reverses To Confront A Broken Process, John R. Floss
Seventh Circuit Review
The adjudication of asylum applications is of vital importance to refugees seeking safe haven within the United States and is often a matter of life or death. However, in its current term, the Seventh Circuit reversed the asylum decisions of immigration judges and the Board of Immigration Appeals in approximately two-thirds of its published opinions. Many of these reversals can be traced to unsupported subjective assessments performed by immigration judges. Blame may also lie with the Board of Immigration Appeals, the Department of Justice, and the Department of Homeland Security. Although the Seventh Circuit identified several noticeable and repetitive problems, …
The Day Laborer Debate: Small Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins
The Day Laborer Debate: Small Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins
ExpressO
Herndon, Virginia is the latest example of small town immigration issues exploding into the national debate on illegal immigration. This four-square mile town, population 22,000, was propelled into the national spotlight after a dramatic public reaction to Mayor Michael O’Reilly’s proposal to construct a hiring site for day laborers. Three months before the center even opened its doors, Herndon and Fairfax County faced a law suit challenging the legality of funding a day labor center that would inevitably extend its services to undocumented immigrants.
Small towns, adjusting to significant increases in the immigrant worker population, have become a new battlefield …
Any Place For Ethnicity? The Liberal State And Immigration, David Abraham
Any Place For Ethnicity? The Liberal State And Immigration, David Abraham
ExpressO
When it comes to immigration, almost all liberal states are faced with the contradiction between their universalist principles and the real affinities they feel for ethnic kinsmen. This review essay (4000 words) addresses the different ways a number of liberal democracies have handled this dilemma.
For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf
For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes
Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes
Brandeis School of Law Faculty Scholarship
No abstract provided.
No More Deaths: On Conscience, Civil Disobedience, And A New Role For Truth Commissions, Marie Failinger
No More Deaths: On Conscience, Civil Disobedience, And A New Role For Truth Commissions, Marie Failinger
Faculty Scholarship
This article uses as its focal point the emerging civil disobedience movement in southwestern United States, aimed at providing humanitarian assistance to undocumented workers crossing the U.S. border, and the government's prosecution response to that movement. It argues that the courts that have considered such civil disobedience in previous cases, such as the 1980s Sanctuary movement, have a limited understanding of the right of conscience, and utilizes the insights of Reformation theology on the nature of the conscience to argue that it is necessary for the United States to respect the public role of conscience of civil disobedients in mass …
The Immigrant Workers Project Of The Afl-Cio, Rosanna M. Kreychman, Heather H. Volik
The Immigrant Workers Project Of The Afl-Cio, Rosanna M. Kreychman, Heather H. Volik
NYLS Law Review
No abstract provided.
The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf
The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf
American University Law Review
This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. It proposes a unifying theory - membership theory - for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the government and the people.
Membership theory provides decisionmakers with justification for excluding individuals from society, using immigration and criminal law as the means of exclusion. It operates in the intersection between criminal …
Founded Suspicion: The Ninth Circuit's Response To Almeida Sanchez, Seattle University Law Review
Founded Suspicion: The Ninth Circuit's Response To Almeida Sanchez, Seattle University Law Review
Seattle University Law Review
Considering the difficulty of interdicting smugglers and aliens at the Mexican border, the Ninth Circuit's ready acceptance of founded suspicion to justify searches near the border is not surprising. The United States Supreme Court, however, has consistently held that the mere presence of an important governmental interest does not justify vitiating Fourth Amendment protections. The Fourth Amendment requires courts to scrutinize closely the interests of the individual prior to concluding that the interests of the government, however exigent and compelling, are paramount. This comment, after analyzing the conceptual underpinnings of automobile seizure law and "stop and frisk"--the possible grounds supporting …
Gone But Not Forgotten: How Section 212(C) Relief Continues To Divide Courts Presiding Over Indictments For Illegal Reentry, Anthony Distinti
Gone But Not Forgotten: How Section 212(C) Relief Continues To Divide Courts Presiding Over Indictments For Illegal Reentry, Anthony Distinti
Fordham Law Review
No abstract provided.
Designating The Dangerous: From Blacklists To Watch Lists, Daniel J. Steinbock
Designating The Dangerous: From Blacklists To Watch Lists, Daniel J. Steinbock
Seattle University Law Review
This Article aims to remedy that gap with respect to one important component of the country's current anti-terrorism strategy watch lists and to suggest some ways to avoid the worst excesses of the 1950s. A comparison of the two periods also serves to shed some light on the question of whether our institutions have learned from the experiences of the past in striking the balance between security and civil liberties. Part II of this Article gives a brief and broad-brush description of the McCarthy era blacklists and loyalty-security programs. Part III then describes the operation, bases for inclusion, and uses …
Major League Internationals With Minor-League Titles: Let Them In. Let Them Play., Casey Shilts, Kate Jett, Brett Lashbrook
Major League Internationals With Minor-League Titles: Let Them In. Let Them Play., Casey Shilts, Kate Jett, Brett Lashbrook
Marquette Sports Law Review
No abstract provided.
Private Monitoring Of Gatekeepers: The Case Of Immigration Enforcement, Jeffrey Manns
Private Monitoring Of Gatekeepers: The Case Of Immigration Enforcement, Jeffrey Manns
GW Law Faculty Publications & Other Works
This article shows how the enlistment of private monitors can overcome the limits of public enforcers in overseeing gatekeeper compliance with liability-induced duties. Gatekeepers are private actors who possess skills or advantages that allow them to detect and prevent wrongdoing in a more cost-effective way than the state. The problem enforcers face is that the same skills or advantages that equip gatekeepers with the ability to identify wrongdoing often provide them with the means and incentives to subvert their duties and to evade public oversight. Policymakers have largely attempted to remedy this challenge by increasing sanctions against gatekeepers and have …
Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry
Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry
All Faculty Scholarship
Congress is now considering radical changes to the immigration system. This article looks at the immigration issue as a labor and employment law question, and proposes a possible solution based on this approach.
I suggest that forming Limited Liability Companies (LLCs) will benefit low-wage immigrant women workers by transforming them into business owners. By using existing legal structures to their benefit, low-wage women workers can curtail at least a portion of the exploitation that they currently experience. Instead of being hired to perform a job, having the intermediary take a cut, and then pay them some amount out of that, …
The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner
The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner
Nevada Law Journal
No abstract provided.
Children And Immigration: International, Local, And Social Responsibilities, Berta E. Hernández-Truyol, Justin Luna
Children And Immigration: International, Local, And Social Responsibilities, Berta E. Hernández-Truyol, Justin Luna
UF Law Faculty Publications
This essay focuses on the human rights of immigrant children, regardless of the legality of their presence within U.S. borders, especially with respect to health, education, and welfare. In that context, the work explores, as the title suggests, the international, local, and social/cultural normative standards that structure the responsibilities -- independently and collectively, that proverbial village -- with respect to children's well-being. We develop these ideas in three parts. First, we address the foundations of the human rights idea and specifically enumerate the particular normative notions, including international treaties that govern children's lives. Next, we discuss immigration in the United …
Are They Human Children Or Just Border Rats?, Susan M. Akram
Are They Human Children Or Just Border Rats?, Susan M. Akram
Faculty Scholarship
No abstract provided.
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
NYLS Law Review
No abstract provided.
Introduction, Lenni Benson
The Nature And Causes Of The Immigration Surge In The Federal Courts Of Appeals: A Preliminary Analysis, John R.B. Palmer
The Nature And Causes Of The Immigration Surge In The Federal Courts Of Appeals: A Preliminary Analysis, John R.B. Palmer
NYLS Law Review
No abstract provided.
International Migration And Sovereignty Reinterpretation In Mexico, Ernesto A. Hernandez-Lopez
International Migration And Sovereignty Reinterpretation In Mexico, Ernesto A. Hernandez-Lopez
Ernesto A. Hernandez
Recent developments in Mexico's doctrine of non-intervention suggest that national experiences with migrant-sending influence how sovereignty concepts are applied in domestic law. Based on the concept of international sovereignty and included in Mexico's Constitution Article 89:X, the international law norm of non-intervention prohibits a country's foreign relations from interfering in another country's domestic affairs. With traditional sovereignty reasoning, the norm of non-intervention prohibited Mexico from having a foreign policy on its migrants in the US, because the issue intervened in US jurisdiction; such a policy would violate the norm and international sovereignty.
This essay's central claim is that recent developments …
Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes
Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes
Enid F. Trucios-Haynes
No abstract provided.