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Articles 271 - 300 of 333
Full-Text Articles in Immigration Law
The Domestic Establishment Clause, Josh Blackman
The Domestic Establishment Clause, Josh Blackman
Roger Williams University Law Review
No abstract provided.
The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay
The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay
Roger Williams University Law Review
No abstract provided.
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
St. Mary's Law Journal
Abstract forthcoming
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies
Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Section 4: Immigration Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Immigration Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis
The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis
Seton Hall Circuit Review
No abstract provided.
Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law
Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Institutional Case For Partisan Gerrymandering Claims, G. Michael Parsons
The Institutional Case For Partisan Gerrymandering Claims, G. Michael Parsons
Cardozo Law Review de•novo
For voters hoping the Supreme Court’s 2017 Term brings relief from partisan gerrymandering, the end of the 2016 Term was inauspicious. In Cooper v. Harris, the majority assumed the legitimacy of “partisan advantage” arguments while the dissent—including Justice Kennedy—warned about the “serious institutional and federalism implications” of judicial intervention in the redistricting process. If past is prologue, this concern for institutional and structural interests does not bode well.
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Brooklyn Law Review
The fate of defendants facing lengthy federal sentence enhancements often turns on what the U.S. Supreme Court calls the categorical approach. The approach controls whether a federal defendant might face an additional decade or longer in prison based solely on having prior convictions of a certain type. At a time when many question the wisdom of mass incarceration, the Court has taken great care to delimit the circumstances in which a federal sentencing judge can lengthen sentences based on recidivism. The categorical approach also governs most immigration cases involving deportation for a crime. As Congress has cut back deportation defenses …
The Perils And Possibilities Of Refugee Federalism, Burch Elias
The Perils And Possibilities Of Refugee Federalism, Burch Elias
American University Law Review
No abstract provided.
Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade
Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade
Scholarly Works
Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities for equitable balancing at multiple levels in the deportation process. Notably, the Court has endorsed decision makers’ consideration of the normative justifiability of deportation even where noncitizens have a criminal history or lack a formal path to lawful status. …
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Master's Theses
According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …
Section 6: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Aftermath Of United States V. Texas, Shoba S. Wadhia
The Aftermath Of United States V. Texas, Shoba S. Wadhia
Faculty Scholarship
On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA). The 4-4 ruling by the justices creates a non-precedential non-decision, upholding an injunction placed by a panel of federal judges in the Fifth Circuit Court of Appeals. While the future of these programs remains uncertain in the long term, the immediate effects are pronounced, as millions of …
Aliens - Immigration And Naturalization - Seasonal And Daily Commuters Qualify As “Special Immigrants” Who Are Lawfully Admitted For Permanent Residence And Are Returning From A Temporary Visit Abroad, Michael Kendall-Patrick Williams
Aliens - Immigration And Naturalization - Seasonal And Daily Commuters Qualify As “Special Immigrants” Who Are Lawfully Admitted For Permanent Residence And Are Returning From A Temporary Visit Abroad, Michael Kendall-Patrick Williams
Georgia Journal of International & Comparative Law
No abstract provided.
Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies
Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Impact Of Padilla V. Kentucky On The Immigration Courts: Does The Potential For Vacating A Criminal Plea Effect Removal/Deportation Proceedings?, Hon. Dorothy A. Harbeck, M. Michelle Park, Yoonji Kim, J.D.
The Impact Of Padilla V. Kentucky On The Immigration Courts: Does The Potential For Vacating A Criminal Plea Effect Removal/Deportation Proceedings?, Hon. Dorothy A. Harbeck, M. Michelle Park, Yoonji Kim, J.D.
Journal of International and Comparative Law
No abstract provided.
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
Fordham Urban Law Journal
No abstract provided.
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …
The Development Of Legal Rights In The American Legal System, Roberto Rosas
The Development Of Legal Rights In The American Legal System, Roberto Rosas
Faculty Articles
This article takes a snapshot of some of the most controversial topics in American society today and the juridical response to these topics by individual states, the United States Congress, and the United States Supreme Court. Although there are numerous legal topics that deserve mention and analysis, this article is limited to the discussion of nine fairly new rights created by state and federal laws. The rights discussed in this article include the following: 1) The right to open carry a firearm; 2) The right to consume marijuana; 3) The right to marry or to civil unions between same-sex couples; …