Immigration Law Commons^™

The Population Implosion Of The Developed World: Changing Attitudes Toward Immigration To Support Aging Societies, Leslie E. Schafer

Indiana Journal of Global Legal Studies

No abstract provided.

The Trojan Horse Of The 21st Century: Immigrants, Foreign Campaign Contributions And International Politics, Kostas A. Poulakidas

Indiana Journal of Global Legal Studies

No abstract provided.

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.

International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss

Indiana Journal of Global Legal Studies

No abstract provided.

Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer

Indiana Journal of Global Legal Studies

No abstract provided.

Welfare Reform And Immigration: Attempting To Find A Domestic Answer To A Global Question, Kostas A. Poulakidas

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: The Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.

A Call For Reform Of Recent Immigration Legislation, Jason H. Ehrenberg

University of Michigan Journal of Law Reform

The Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 dramatically limit the procedural rights of aliens who have been convicted of serious crimes. Consequently, aliens who have immigrated to the United States to escape persecution in their homelands are deported without adequate hearing or appeal. This Note argues that the laws violate international obligations and Constitutional law. It advocates amending the laws to give the Attorney General discretion over deportation decisions, eliminating retroactive application of deportation for aggravated felons, and reinstating judicial review of deportation or exclusion decisions.

Expanding The Circle Of Membership By Reconstructing The "Alien": Lessons From Social Psychology And The "Promise Enforcement" Cases, Victor C. Romero

University of Michigan Journal of Law Reform

Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …

Factum Of The Charter Committee On Poverty Issues: In The Supreme Court Of Canada On Appeal From The Federal Court Of Appeal Between Mavis Baker, Appellant. And The Minister Of Citizenship And Immigration, Respondent., John Terry, Craig Scott

Commissioned Reports, Studies and Public Policy Documents

This appeal is about the validity of the decision of the Minister of Citizenship and Immigration (the "Minister") to deny Mavis Baker's application for permanent residence on humanitarian and compassionate grounds and, in all likelihood, separate her from her children.

Female Circumcision In The Modern Age: Should Female Circumcision Now Be Considered Grounds For Asylum In The United States, Gregory A. Kelson

Buffalo Human Rights Law Review

No abstract provided.

Refugee Rights: The New Frontier Of Human Rights Protection, Bill Frelick

Buffalo Human Rights Law Review

No abstract provided.

Temporary Protection: Towards A New Regional And Domestic Framework, Susan Martin, Andrew I. Schoenholtz, Deborah Waller Meyers

Georgetown Law Faculty Publications and Other Works

During the past thirty-five years, the United States has seen the direct influx of thousands of individuals leaving politically unstable countries. While some seeking entry have proved themselves to be refugees and obtained permanent protection in the United States, far more, including a large number of people fleeing civil war, natural disasters, or comparable forms of upheaval in their home countries, have failed to demonstrate that they would be targets of persecution. Yet, their return to their home countries has been complicated by the very circumstances that led to their flight: conflict, violence, and repression. Over time, the United States …

Sex-Based Discrimination In U.S. Immigration Law: The High Court's Lost Opportunity To Bridge The Gap Between What We Say And What We Do , Debra L. Satinoff

American University Law Review

No abstract provided.

The Property Scope Of Habeas Corpus Review In Civil Removal Proceedings, Andrea Lovell

Washington Law Review

The Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), two 1996 amendments to the Immigration and Nationality Act, eliminated direct judicial review in the federal courts of appeals of final removal orders for aliens convicted of certain enumerated crimes. The legislation also appears to limit the habeas corpus jurisdiction of the federal district courts. While most circuit courts agree that some degree of habeas corpus review of removal orders is constitutionally mandated, several have interpreted AEDPA and IIRIRA as limiting the scope of that review. This Comment argues that the scope …

Return Of The Chancellor's Foot?: Discretion In Permanent Resident Deportation Appeals Under The Immigration Act, Richard Haigh, Jim Smith

Osgoode Hall Law Journal

This article examines recent changes to section 70 of the Immigration Act that allow the minister of immigration to deport Canadian permanent residents who are determined to be a danger to the public without proper procedural safeguards. The authors argue that much of both current theoretical literature on discretion and the history of the development of discretion within the immigration scheme are against these changes. By analyzing how discretion is employed in other, similar, public safety regimes, the authors show that the recent changes violate individual rights and will very likely create more intractable problems than those they set out …

Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson

All Faculty Scholarship

Three hundred sixty-four years ago this month, two tiny sailing ships arrived near what is now St. Mary's City with the first settlers in Maryland. The Ark and the Dove were sent to the New World by Cecil Calvert. Lord Baltimore had founded his small colony as a haven for those persecuted in England because of their religious beliefs.

On numerous occasions since then - from passage of the Act of Toleration in 1649 to the achievement of full civil liberties for Jews in 1825 to landmark Supreme Court decisions involving the state in the 1960s - Maryland has been …

Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns

UF Law Faculty Publications

The United States enjoys a lofty reputation worldwide as the land of opportunity and dreams, the welcoming home to all who want to be free, the brave new world that embraces huddled masses and offers them limitless possibilities to find freedom, liberty, and happiness. In marked juxtaposition to this welcomeness narrative is the counter-narrative of historic exclusion evidenced by the harsh description of these "huddled masses, yearning to breathe free" as "wretched refuse." Indeed, to describe some immigrants as "wretched refuse" manifests that Lady Liberty's welcome is, at best, highly selective and, at worst, patently discriminatory. The irony, of course, …

Profiling To Screen Non-Immigrant Visa Applicants: The Best And The Worst Of Applied Social Science?, Ibpp Editor

International Bulletin of Political Psychology

This article identifies some significant Issues for the applications of profiling and highlights the example of screening non-immigrant visa applicants. Some of these Issues may be related to conscious and unconscious biases, including those towards race, ethnicity, and culture.

U.S. Income Taxation Of Foreign Parties: A Primer, Ernest R. Larkins

Syracuse Journal of International Law and Commerce

Over the last five years for which data are available, the number of foreign corporations showing net income on Form 1120F, U.S. Income Tax Return of a Foreign Corporation, has increased 36.5 percent. [1] In addition, the number of individuals granted temporary stays in the United States as non-immigrants has steadily increased from 9.5 million in 1985 to 24.8 million in 1996, an average annual increase of 9.1 percent. [2] These increases evidence growing opportunities to serve international clients and suggest that tax professionals must have a fundamental working knowledge of the way the U.S. tax system treats foreign parties. …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Economic Espionage: The Front Line Of A New World Economic War

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 26, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

1997-1998 Survey Of International Law In The Second Circuit

Syracuse Journal of International Law and Commerce

This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from Aug. 1, 1997 through Aug. 1, 1998. Only those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.

Table of Contents I. Foreign Sovereign Immunity Act II. Forum Non-Conveniens III. Immigration and Nationality Act IV. Quasi-In-Rem Jurisdiction and the Question of Due Process for Foreign Entities V. Warsaw Convention

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …

The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand

Michigan Journal of International Law

On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …

Quixotic Attempt? The Ninth Circuit, The Bia, And The Search For A Human Rights Framework To Asylum Law, Shelley M. Hall

Washington Law Review

The Ninth Circuit and the Board of Immigration Appeals (BIA) historically have disagreed about the application of human rights norms in many areas of asylum law. Although recent decisions by the BIA indicate more receptiveness toward the Ninth Circuit's broader approach, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 seeks to stifle judicial review in many areas of immigration law, including asylum. This Comment analyzes the potential impact of the law on the development of asylum jurisprudence and recommends areas for future dialogue between the Ninth Circuit and the BIA.

Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh

St. Mary's Law Journal

When the State of Texas seeks the death penalty against a defendant, the trial court conducts a sentencing proceeding under Article 37.071 of the Texas Code of Criminal Procedure. This proceeding determines whether the defendant will receive the death penalty. During deliberation, the jury must consider all mitigating evidence. The defendant may claim his voluntary intoxication as a mitigating factor. Under Tex. Pen. Code § 8.04(b), the court instructs the jury to consider evidence of voluntary intoxication only if it rendered the defendant temporarily insane. Although Article 37.071 calls upon juries to consider “all” mitigating evidence, a Section 8.04 instruction …

The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy

St. Mary's Law Journal

Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …

The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg

St. Mary's Law Journal

The Remote Electronically Activated Control Technology (REACT) belt infringes upon criminal defendants’ and prisoners’ fundamental rights; therefore, it cannot withstand judicial scrutiny under the United States and Texas Constitutions. This Comment attempts to address and answer issues regarding the REACT belt. The belt constitutes cruel and unusual punishment with the potential to deprive prisoners of their due process rights. The belt disrupts attorney-client communication and destroys a criminal defendant’s presumption of innocence. Furthermore, other alternatives provide effective means to prevent unruly prisoners from destroying the integrity of the courts. Part II of this Comment discusses how the belt works, and …