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Articles 61 - 90 of 100
Full-Text Articles in Immigration Law
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.
The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies
The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, 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.
Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore
Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore
Law Faculty Scholarship
This Article examines how federal circuit courts apply the substantial evidence test when reviewing asylum determinations made by immigration judges and the Board of Immigration Appeals. After outlining the statutory framework governing asylum under the Immigration and Nationality Act—including refugee status, nexus requirements, credibility determinations, and discretionary relief—the Article traces the historical development of the substantial evidence standard in immigration adjudication. Drawing on original empirical data from every circuit court of appeals, the Article categorizes circuits along a spectrum from “rigorous review” to “cursory check,” based on remand rates and depth of analytical engagement. The study evaluates how statutory changes, …
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 Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies
The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe
Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe
Law Faculty Scholarship
[Excerpt] “Historically, liberals have tended to hold more expansive understandings of the scope of federal power. Conservatives, on the other hand, have tended to embrace stronger theories of federalism -- the term we use to describe the reservation of government power to state and local governments under the Constitution.”
Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies
Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Upholding The Revised Refugee Executive Order: A Virginia District Court ClariEs The Establishment Clause Issues, Peter Margulies
Upholding The Revised Refugee Executive Order: A Virginia District Court ClariEs The Establishment Clause Issues, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies
The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies
The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies
The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies
The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies
The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies
Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies
The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies, Peter Margulies
The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line, Peter Margulies
The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Legal And Policy Analysis Of Driver's Licenses For Undocumented Rhode Islanders, Deborah Gonzalez, Peter Margulies
A Legal And Policy Analysis Of Driver's Licenses For Undocumented Rhode Islanders, Deborah Gonzalez, Peter Margulies
Law Faculty Scholarship
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.
My Turn: Halting Refugee Admissions Is Misguided, Erin B. Corcoran
My Turn: Halting Refugee Admissions Is Misguided, Erin B. Corcoran
Law Faculty Scholarship
Article excerpt: In the aftermath of terrorist attacks in Paris, state governors from more than 25 states, including the governor of my state, New Hampshire, have stated that they are shutting down their borders and not allowing Syrian refugees to live in their states. While their pronouncements carry no legal weight, because state governors don’t have the authority to decide whether to admit refugees into the United States (that is the president’s prerogative), they are misguided and morally reprehensible.
Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies
Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies
The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Clapper And The Costs Of Overlooking Use Restrictions, Peter Margulies
Clapper And The Costs Of Overlooking Use Restrictions, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran
Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran
Law Faculty Scholarship
Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as …
Presidential Power And Enjoining The Obama Immigration Plan, Peter Margulies
Presidential Power And Enjoining The Obama Immigration Plan, Peter Margulies
Law Faculty Scholarship
No abstract provided.