Immigration Law Commons^™

U.S. Immigration Policy: Contradictions And Projections For The Future, Kitty Calavita

Indiana Journal of Global Legal Studies

No abstract provided.

Global Migration - Immigration - Multiethnicity: Challenges To The Concept Of The Nation-State, Jost Delbruck

Indiana Journal of Global Legal Studies

Professor Delbriick begins his article by briefly discussing the

history and development of the nation-state, and then examines how

changes in the political and social environment, often international

and cross-cultural in nature, have altered the traditional notion of

the nation-state. He argues that the modern form of the State

should be based on the concept of the "Open Republic, " rather than

on that of the traditional closed, self-centered, and self-reliant

nation-state. Professor Delbriick demands that his concept of an

"Open Republic" first be grounded in the form of a republican

State-a constitutional government involving the democratic

participation of all …

Introduction: Migration And Globalization Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Are There New Complexities In Global Migration Systems Of Consequence For The United States "Nation-State"?, Dennis Conway

Indiana Journal of Global Legal Studies

No abstract provided.

A View From The United States - Social, Economic, And Legal Change, The Persistence Of The State, And Immigration Policy In The Coming Century, John Scanlan

Indiana Journal of Global Legal Studies

In this article, Professor Scanlan argues that in spite of recent

trends toward globalism, traditionally composed nation-states,

especially the United States, will continue to exercise localized

control over immigration and receiving nations may pursue

increasingly restrictive policies. The author begins with a history

of recent U.S. and European Union (EU) immigration policies,

positing that State self-interest has always played a central role.

Next, he traces the post-World War II development of the

"international refugee regime" as well as the development of the

European Union's "open"- labor market. Professor Scanlan

predicts that international agencies will become less efficacious for

several reasons, …

Comments On "Changing Sovereignty Games And International Migration", Jeffrey A. Hart

Indiana Journal of Global Legal Studies

No abstract provided.

Global Migration And European Integration, Guy De Lusignan

Indiana Journal of Global Legal Studies

No abstract provided.

A Proposal To Improve The Treatment Of Women In Asylum Law: Adding A "Gender" Category To The International Definition Of "Refugee", Todd Stewart Schenk

Indiana Journal of Global Legal Studies

No abstract provided.

U. S. Immigration In A Global Context: Past, Present, And Future, Jeffrey S. Passel, Michael Fix

Indiana Journal of Global Legal Studies

Through the use of their own empirical studies, the authors

address three themes: 1) immigration in the global context; 2) the

scale and characteristics of immigration to the United States; and

3) the. expected future impact of immigration to the United States.

The authors focus on U.S. immigration by giving an empirical

comparative history which suggests that, while the sheer number of

immigrants to the United States has grown, the share of foreignborn

people in the U.S. population is well below historic highs.

Next they discuss the characteristics of recent and current

immigrants to the United States in terms of …

Out Of Many, One?, Kenneth L. Karst

Indiana Journal of Global Legal Studies

No abstract provided.

Recent Developments In Refugee Protection, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

TABLE OF CONTENTS

I. AID TO FOREIGN TRIBUNALS

II. TRADE

III.TREATIES

IV. IMMIGRATION

A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Sur Place Refugee Status In The Context Of Vietnamese Asylum Seekers In Hong Kong, Josh Briggs

American University Law Review

No abstract provided.

Haitian Refugee Center, Inc. V. James Baker, Iii: The Dred Scott Case Of Immigration Law, Thomas David Jones

Penn State International Law Review (1982 - 2011)

No abstract provided.

Is The United States Government Justified In Indefinitely Detaining Cuban Exiles In Federal Prisons?, Brigitta I. Sandberg

Penn State International Law Review (1982 - 2011)

No abstract provided.

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Scholarly Works

This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.

Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Restricting The Flow Of Asylum-Seekers In Belgium, Denmark, The Federal Republic Of Germany, And The Netherlands: New Challenges To The Geneva Convention Relating To The Status Of Refugees And The European Convention On Human Rights, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan

Penn State International Law Review (1982 - 2011)

In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.

Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry

UIC Law Review

No abstract provided.

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.

Re-Evaluating Alien Exclusion In Light Of Aids, Kerry E. Voss

Penn State International Law Review (1982 - 2011)

The Immigration and Naturalization Service has adopted an AIDS testing program to screen individuals requesting permanent status in the United States. The comment discusses this complex disease and the accompanying legal ramifications on immigration law, given the traditional bases for exclusion of aliens.

Asylum Adjudications: Do State Department Advisory Opinions Violate Refugees' Rights And U.S. International Obligations?, Richard K. Preston

Maryland Law Review

No abstract provided.

Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus

NYLS Journal of Human Rights

No abstract provided.

Strategies For Ameliorating The Immigration Consequences Of Criminal Convictions: A Guide For Defense Attorneys, Maryellen Fullerton, Noah Kinigstein

Faculty Scholarship

No abstract provided.

Rethinking Exclusion--The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell

Vanderbilt Journal of Transnational Law

This Article will build upon the stable foundation presented in the arguments that challenged, the "Nishimura" maxim, and will discuss major flaws in the practice of indefinitely detaining excludable aliens in the context of the Cubans who have been detained in various parts of the United States since their arrival in 1980. First, the Article focuses on the practical merits of the use of indefinite detention as a means of immigration policy. The Article concludes that the practice, which is extremely expensive, does not appear to limit mass migrations, and offers, at best, only a few benefits. Second, the Article …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Point of Final Loading and Routing is Place of Shipment for Purposes of Valuing Lost Cargo; Private Carrier's Both-to-Blame Clause is Enforceable---Allseas Maritime, S.A. v. M/V Mimosa, 574 F. Supp. 844 (S.D. Tex. 1983).

LAND-BASED NEGLIGENCE CAUSING AN AIRPLANE CRASH IN INTERNATIONAL WATERS FALLS WITHIN ADMIRALTY JURISDICTION--Miller v. United States, 18 Av. CAS. (CCH) 17,912 (11th Cir. 1984).

FREIGHT FORWARDER WHO BREACHES A FIDUCIARY DUTY TO HIS SHIPPER VIOLATES THE WIRE FRAUD STATUTE--United States v. Armand Ventura, 724 F.2d 305 (2d Cir. 1983).

IN PERSONAM JURISDICTION OBTAINED BY ATTACHMENT OF PROPERTY IS DIFFERENT FROM IN REM JURISDICTION--Belcher Co. v. MIV …

International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

When Is There Going To Be A United States Law Governing The Admission Of Refugees And Asylum Seekers, Linda T. Cox

Penn State International Law Review (1982 - 2011)

This comment will trace the development of United States refugees and asylum laws. In addition, the policies underlying past, current and proposed immigration laws will be analyzed.