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Articles 661 - 690 of 1028
Full-Text Articles in Immigration Law
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Please Don't Be Our Guest: The Roma Expulsion From France Under European Union Law, Quinn Bennett
Please Don't Be Our Guest: The Roma Expulsion From France Under European Union Law, Quinn Bennett
Georgia Journal of International & Comparative Law
No abstract provided.
Do No Harm: The Dispute Over Access To Health Care Between Israel And The Palestinian Territories, Emma Glazer
Do No Harm: The Dispute Over Access To Health Care Between Israel And The Palestinian Territories, Emma Glazer
Cardozo Journal of International and Comparative Law
The note examines the legal dispute over access to healthcare between Israel and the Palestinian Territories under International Humanitarian Law (IHL). It argues that while IHL obligates Israel to provide medical services to Palestinians injured in conflict, it does not require unrestricted access for routine healthcare. The analysis highlights the need for Israel to balance its security interests with humanitarian obligations, ensuring access to healthcare while maintaining necessary restrictions. The note also suggests that as the Palestinian Territories pursue statehood, they should develop their own advanced healthcare facilities to reduce reliance on Israeli institutions.
Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America, John Marshall Law School International Human Rights Clinic, Sarah Dávila-Ruhaak, Steven D. Schwinn
Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America, John Marshall Law School International Human Rights Clinic, Sarah Dávila-Ruhaak, Steven D. Schwinn
Faculty White Papers
This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield
The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper
Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Immigration Obstacles And The Sixth Circuit Court's Harsh Interpretation Of Legal Permanent Resident Status, Justin Boitnott
Immigration Obstacles And The Sixth Circuit Court's Harsh Interpretation Of Legal Permanent Resident Status, Justin Boitnott
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There, Heryka Knoespel
Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There, Heryka Knoespel
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Pepperdine Law Review
No abstract provided.
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Law Faculty Publications
Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …
Sixth Colloquium On Challenges In International Refugee Law: Introduction, James C. Hathaway
Sixth Colloquium On Challenges In International Refugee Law: Introduction, James C. Hathaway
Michigan Journal of International Law
The goal of the Sixth Colloquium on Challenges in International Refugee Law was to develop a principled and workable framework to guide the process of considering the exclusion from refugee status of persons believed to have committed international crimes.
The Michigan Guidelines On The Exclusion Of International Criminals
The Michigan Guidelines On The Exclusion Of International Criminals
Michigan Journal of International Law
With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …
Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik
Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …
American Dreams, Trafficking Nightmares, Mariana C. Minaya
American Dreams, Trafficking Nightmares, Mariana C. Minaya
Student Articles and Papers
Under the H-2 visa scheme, American employers rely on labor recruiters to venture abroad, find prospective employees, and commit them to an employment contract for seasonal or temporary work on American farms, construction sites, hotel staffs, and other businesses. Rogue recruiters, operating in foreign countries far from the view of their American employers or law enforcement, are in effect free to employ a variety of unscrupulous means for enticing and obtaining prospective recruits. They may lie about the nature of the work that awaits the recruits in the United States, charge them illegal fees that leave them in crushing debt, …
Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond
Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond
Michigan Journal of International Law
The focus of this contribution is Article 1(F)(a), a section of the exclusion clause that has increased in both use and profile in recent years. Article 1(F)(a) applies to individuals who may be implicated in crimes against peace (more commonly known today as crimes of aggression), war crimes, or crimes against humanity as such crimes are defined in relevant international instruments. Where a decision maker finds that “there are serious reasons for considering that” an asylum seeker has committed one of these acts, the remainder of the Refugee Convention does not apply, and any protections to which the claimant would …
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
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
Faculty Scholarship
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 …
Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero
Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero
Faculty Scholarship
Following the demise of the federal Defense of Marriage Act in United States v. Windsor, the Obama Administration directed a bold, equality-based reading of Windsor to immigration law, treating bi-national same-sex couples the same as opposite-sex couples. This Essay argues that the President's interpretation is both constitutionally and politically sound: Constitutionally, because it comports with the Executive's power to enforce immigration law and to guarantee equal protection under the law; and politically, because it reflects the current, increasingly tolerant view of marriage equality. Though still in its infancy, President Obama's policy of treating same-sex beneficiary petitions generally the same as …
We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia
We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia
Articles & Book Chapters
This article examines issues of transnational migration in the settler-colonial context of Canada. First, I review some of the recent debates about foregrounding Indigeneity and decolonization in anti-racist thought and work, especially in relation to critical and anti-racist approaches to migration. The article then moves from this debate to the question of ‘our right to be here’, the relationship of this right to the treaties, and how migrant rights and treaty relations perspectives might interact in a context that must be informed by Indigenous laws and legal traditions.
While You Were Eating: The Unspoken Human Cost Of Putting Food On Our Tables, Darci Jenkins, Miguel Keberlein Gutierrez
While You Were Eating: The Unspoken Human Cost Of Putting Food On Our Tables, Darci Jenkins, Miguel Keberlein Gutierrez
Public Interest Law Reporter
No abstract provided.
A Proposed Overhaul Of The State Department's Summer Work Travel Program To Prevent Labor Violations And Human Trafficking, Margaret O'Donoghue
A Proposed Overhaul Of The State Department's Summer Work Travel Program To Prevent Labor Violations And Human Trafficking, Margaret O'Donoghue
Public Interest Law Reporter
No abstract provided.
The Culture Of Rights Protection In Canadian Refugee Law: Examining The Domestic Violence Cases, Efrat Arbel
The Culture Of Rights Protection In Canadian Refugee Law: Examining The Domestic Violence Cases, Efrat Arbel
All Faculty Publications
This article examines Canadian refugee law cases involving domestic violence, analyzed through a comparison with cases involving forced sterilization and genital cutting. Surveying 645 reported decisions, it suggests that Canadian adjudicators generally adopted different methods of analysis in refugee cases involving domestic violence, as compared with these other claims. The article argues that Canadian adjudicators rarely recognized domestic violence as a rights violation in itself but, instead, demonstrated a general predisposition toward finding domestic violence persecution in cultural difference. That is, adjudicators tended to recognize domestic violence claimants not as victims of persecutory practices but rather as victims of persecutory …
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise, Benjamin Perrin
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise, Benjamin Perrin
All Faculty Publications
Migrant smuggling is a dangerous, sometimes deadly, criminal activity. Failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel, endangers the lives and safety of smuggled migrants, undermines border security, and undermines the integrity and fairness of immigration systems. Introduced in the Canadian House of Commons in June 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration System Act (Bill C-4) includes proposed amendments to the Immigration and Refugee Protection Act that would enhance …