Immigration Law Commons^™

Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl

Cardozo Journal of Equal Rights & Social Justice

The article argues that gender-based persecution should be recognized as a valid ground for asylum under the refugee definition, emphasizing the need to expand the interpretation of "particular social group" to include women facing persecution due to their gender. It highlights the challenges women face in meeting the legal standards for asylum, particularly under U.S. law, and advocates for a more inclusive framework to address gender-based violence and discrimination.

¿Y Qué Paso? ("And Then What Happened?"): The Plight Of Cuban Detainees At Guantanamo Bay, David Gavilan

Cardozo Journal of International and Comparative Law

The note argues that Cuban detainees at Guantanamo Bay possess cognizable statutory and constitutional rights under U.S. law, particularly under the First and Fifth Amendments, and that legal organizations have a First Amendment right to access and consult with these detainees. It challenges the government's position that these rights do not apply extraterritorially, asserting that Guantanamo's unique legal status under U.S. jurisdiction necessitates the protection of these rights.

The Truth About Citizenship: An Outline, William B. Allen

Cardozo Journal of International and Comparative Law

The article argues that citizenship is rooted in universal principles and consent rather than subjection or nationality, emphasizing its role in modern sovereignty and the foundation of a good polity.

Protecting The Office Of Legal Counsel From Itself, Harold Hongju Koh

Cardozo Law Review

Pardon me if I act like a black sheep at this symposium of Office of Legal Counsel ("OLC") alumni. Like most OLC alumni, I share the genuine affection and respect for the Office and its traditions that this symposium reflects. But at the same time, I cannot fully accept the undertone of self-congratulation that pervades this panel's two principal papers. My discomfort grows from the inordinate amount of time that I have spent over the last few years disagreeing with OLC positions, particularly in three areas of United States foreign policy. The first concerns the "Iran-Contra" prosecution of Oliver North …

Reactionary Constitutional Identity, Ruti G. Teitel

Cardozo Law Review

No abstract provided.

The Multicultural Self, M. M. Slaughter

Cardozo Law Review

No abstract provided.

Protecting Native American Culture, Leonard D. Duboff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Truth, Strangers, And Fiction: The Illegitimate Uses Of Legal Ficton In Immigration Law, Ibrahim J. Wani

Cardozo Law Review

No abstract provided.

Postpetition Interest Under The Bankruptcy Code, David G. Carlson

Articles

The article examines the legal ambiguity surrounding postpetition interest for undersecured creditors in bankruptcy proceedings, focusing on the Supreme Court's ruling in *Timbers of Inwood Forest*. It critiques the decision as unpersuasive and highlights the need for clearer legal frameworks to balance creditor and debtor rights, ensuring fairness and efficiency in bankruptcy cases.

Determining Fees For Fees Under The Equal Access To Justice Act: Accomplishing The Act’S Goals, James B. Nobile

Cardozo Law Review

No abstract provided.

Immigration Reform: Solving The "Problem" Of The Illegal Alien In The American Workforce, Lucinda M. Cardinal

Cardozo Law Review

No abstract provided.

The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes

Cardozo Law Review

No abstract provided.

Eyewitness Identification In War Crimes Trials, Debra H. Nesselson, Steven Lubet

Cardozo Law Review

No abstract provided.

A.B. V. Minister Of The Interior, Zvi Berinson, Shneor Zalman Cheshin, Yoel Sussman

Translated Opinions

The petitioner, who had entered Israel unlawfully, was detained by the police pursuant to an order of deportation issued by the police commandant of the Jerusalem District under section 13 of the Entry into Israel Law, 1952, who also directed that he be held in custody until the order was executed. The police, who suspected the petitioner of having engaged in espionage activities, and who had previously begun enquiries in regard thereto, continued the detention of the petitioner while these enquiries were being pursued without taking any steps to execute the order of deportation.

Held : Assuming that the order …