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Articles 31 - 60 of 100

Full-Text Articles in Immigration Law

The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies Mar 2019

The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Travel Ban Decision, Administrative Law, Peter Margulies Jan 2019

The Travel Ban Decision, Administrative Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Daca Case: Agencies’ “Square Corners” And Reliance Interests In Immigration Law, Peter Margulies Jan 2019

The Daca Case: Agencies’ “Square Corners” And Reliance Interests In Immigration Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies Dec 2018

Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies Dec 2018

Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies Dec 2018

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies Nov 2018

The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Barring Asylum Claims: The President Versus The Statute, Peter Margulies Nov 2018

Barring Asylum Claims: The President Versus The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies Oct 2018

At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies Jun 2018

Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein May 2018

Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


The Travel Ban And Presidential Power, Peter Margulies Apr 2018

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies Apr 2018

Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies Feb 2018

Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban Update: Supreme Court Grants Certiorari, Peter Margulies Jan 2018

Travel Ban Update: Supreme Court Grants Certiorari, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Deconstructing Sanctuary Cities: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies Jan 2018

Deconstructing Sanctuary Cities: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah Gonzalez Jan 2018

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.


Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies Dec 2017

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies Dec 2017

The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, Peter Margulies Dec 2017

Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, 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 Dec 2017

Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies Oct 2017

Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Even When You Win, You Lose: Executive Order 13769 & The Depressing State Of Procedural Due Process In The Context Of Immigration, Amy L. Moore Oct 2017

Even When You Win, You Lose: Executive Order 13769 & The Depressing State Of Procedural Due Process In The Context Of Immigration, Amy L. Moore

Law Faculty Scholarship

This Article examines the procedural due process implications of Executive Order 13769, the 2017 “travel ban,” within the broader historical framework of Supreme Court immigration jurisprudence. Although the Ninth Circuit suggested that the Order might violate procedural due process, the Article argues that such a claim, even if successful, would offer limited substantive protection. Tracing the development of the plenary power doctrine from Chae Chan Ping through Knauff, Mezei, Fleuti, Plasencia, and Zadvydas, the Article demonstrates that procedural due process in immigration law has historically been constrained by deference to the political branches. Even when …


The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies Sep 2017

The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies Sep 2017

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 Sep 2017

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 Sep 2017

Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies Jul 2017

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 Jul 2017

Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies Jul 2017

Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies

Law Faculty Scholarship

No abstract provided.