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Articles 31 - 60 of 99
Full-Text Articles in Immigration Law
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
University of Miami Law Review
The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy …
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Articles
Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-citizens and noncitizens-who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and class critiques of the U.S. criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided …
Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler
Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler
University of Miami Race & Social Justice Law Review
No abstract provided.
Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless
Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless
Articles
In Padilla v. Kentucky, the U.S. Supreme Court held that defense attorneys have a Sixth Amendment duty to advise noncitizen clients of the "clear" immigration consequences of a proposed plea agreement. This Article argues that the Court's reference to clarity denotes predictability, not simplicity, and that defense attorneys must advise their clients of predictable immigration consequences, even if they are difficult to ascertain. The scope of this duty has broadened as the U.S. Supreme Court has made the crime-related deportation rules more determinate, although many rules remain complex. A legislative move to a regime of simple deportation rules would …
Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham
Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham
Articles
A cloud has settled over the immigration regimes of the European welfare states and the United States. Confidence has waned in the viability and value of integrating newcomers into a system of social solidarity. The weakening of civic nationalism and secular constitutional patriotism has unsettled national identities and undermined efforts to facilitate the inclusion of immigrants, especially Muslims. More forceful integration policies might better sustain the welfare state, but individual liberties and group recognition make this more difficult. Ironically, immigrants may now fare better in more unjust neoliberal societies such as the United States than in the advanced welfare states. …
A Pathway To The Legal Profession, Chelsea Sylvia
A Pathway To The Legal Profession, Chelsea Sylvia
University of Miami Inter-American Law Review
No abstract provided.
The Governance Of Visibility: Bodies, Information, And The Politics Of Anonymity Across The Us-Mexico Borderlands, Robert Latham
The Governance Of Visibility: Bodies, Information, And The Politics Of Anonymity Across The Us-Mexico Borderlands, Robert Latham
Articles
This article explores the relationship between information and mobility as it is manifest at the Mexico-US border and understands that border to be one, although very important, site of information processing and production. Within the electronic as well as the physical spaces of the Mexico-US borderlands, it is argued that practices of evasion and exposure produce specific forms of politics. These forms bear on the militarization of the border, particular bourgeois anxieties, various instances of violence, the pursuit of survival strategies and recognition, and the emergence of resistance and countertactics. Also considered are possibilities for alternatives to the ways mobility …
Ruiz V. Robinson: Stemming The U.S. Citizen Casualties In The War Of Attrition Against Undocumented Immigrants, Andrew R. Verblow Esq.
Ruiz V. Robinson: Stemming The U.S. Citizen Casualties In The War Of Attrition Against Undocumented Immigrants, Andrew R. Verblow Esq.
University of Miami Inter-American Law Review
No abstract provided.
The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott
University of Miami Inter-American Law Review
No abstract provided.
Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez, And Martinez, Rebecca Sharpless, Andrew Stanton
Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez, And Martinez, Rebecca Sharpless, Andrew Stanton
University of Miami Law Review
No abstract provided.
Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López
Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López
Articles
No abstract provided.
Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier
Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier
University of Miami Inter-American Law Review
No abstract provided.
The Right U.S. Immigration Enforcement Solution: "Make Haste Slowly", Michael J. Larson
The Right U.S. Immigration Enforcement Solution: "Make Haste Slowly", Michael J. Larson
University of Miami Law Review
No abstract provided.
“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock
“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock
Articles
No abstract provided.
Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin
Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin
University of Miami Business Law Review
No abstract provided.
The Geometry Of Inside And Outside, David Abraham
The Geometry Of Inside And Outside, David Abraham
Articles
These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.
Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman
Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman
Articles
No abstract provided.
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
University of Miami International and Comparative Law Review
No abstract provided.
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Articles
No abstract provided.
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Articles
No abstract provided.
Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes
Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes
University of Miami Law Review
No abstract provided.
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Articles
No abstract provided.
Hiv Afflicted Haitians: New Hope When Seeking Asylum, Lynda L. Ford
Hiv Afflicted Haitians: New Hope When Seeking Asylum, Lynda L. Ford
University of Miami Inter-American Law Review
No abstract provided.
Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton
Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton
University of Miami Inter-American Law Review
No abstract provided.
Haitian Refugees And The Rule Of Law, Irwin P. Stotzky
Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ
University of Miami Inter-American Law Review
No abstract provided.
A Flawed System Exposed: The Immigration Adjudicatory System And Asylum For Sexual Minorities, Robert C. Leitner
A Flawed System Exposed: The Immigration Adjudicatory System And Asylum For Sexual Minorities, Robert C. Leitner
University of Miami Law Review
No abstract provided.
Preserving The Essence Of Zadvydas V. Davis In The Midst Af A National Tragedy, N. Alejandra Arroyave
Preserving The Essence Of Zadvydas V. Davis In The Midst Af A National Tragedy, N. Alejandra Arroyave
University of Miami Law Review
No abstract provided.
Crooked Straits: Maritime Smuggling Of Humans From Cuba To The United States, Donald Brown
Crooked Straits: Maritime Smuggling Of Humans From Cuba To The United States, Donald Brown
University of Miami Inter-American Law Review
No abstract provided.
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Why International Law Favors Emigration Over Immigration, Thomas Kleven
University of Miami Inter-American Law Review
No abstract provided.