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Articles 1 - 30 of 68
Full-Text Articles in Immigration Law
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.
U.S. Immigration Benefits For Same Sex Couples: Green Cards For Gay Partners?, Mara Schulzetenberg
U.S. Immigration Benefits For Same Sex Couples: Green Cards For Gay Partners?, Mara Schulzetenberg
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden
Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden
American University Law Review
No abstract provided.
The Invisible Worker, Lenni B. Benson
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
Georgetown Law Faculty Publications and Other Works
The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed, leaves asylum …
The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram
The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram
Faculty Scholarship
THE DEMONIZING OF ARABS AND Muslims in America began well before the terrible tragedy of September 11, 2001. It can be traced to deliberate mythmaking by film and media,2 stereotyping as part of conscious strategy of 'experts' and polemicists on the Middle East,3 the selling of a foreign policy agenda by US government officials and groups seeking to affect that agenda,4 and a public susceptible to images identifying the unwelcome 'other* in its midst.5 Bearing the brunt of these factors are Arab and Muslim non-citizens in this country. A series of government laws and policies since …
Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza
Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza
Faculty Scholarship
In forthcoming work, I argue that this common-law privacy right should indeed attach to individuals arrested for or suspected of crime.9 I also argue that support for the right exists in a variety of judicial, statutory, and other sources, and that legislation to formally protect the right is warranted and constitutional. The reasoning is simple: being publicly named in connection with criminal allegations is stigmatizing, and the resultant personal harm-social, professional, emotional, other-lasts, and is difficult to justify when it is visited upon someone who is acquitted of the charges or against whom the charges are dismissed. Equally troubling is …
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
On 13 December 2001, states committed themselves" ... to consider ways that may be required to strengthen the implementation of the 1951 Convention and/or 1967 Protocol". It is wonderful that after half a century we may finally be on the verge of taking oversight of the treaty seriously.
Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak
American University Law Review
No abstract provided.
Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper
Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper
Washington and Lee Law Review
No abstract provided.
Federal Immigration Law And Community Policing, Ibpp Editor
Federal Immigration Law And Community Policing, Ibpp Editor
International Bulletin of Political Psychology
This article explores consequences of state and local police enforcement of federal immigration law.
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.
Thoughts On Proposed Immigration Reforms, John Scanlan
Thoughts On Proposed Immigration Reforms, John Scanlan
Articles by Maurer Faculty
No abstract provided.
Palestinian Refugees And Their Legal Status: Rights, Politics, And Implications For A Just Solution, Susan M. Akram
Palestinian Refugees And Their Legal Status: Rights, Politics, And Implications For A Just Solution, Susan M. Akram
Faculty Scholarship
The Palestinian refugee problem is one of the longest-lasting refugee crises in the world——now exceeding fifty-three years——without a real solution in sight. Although at its core a political problem, the Palestinian refugee crisis is also a problem of legal distortion: Palestinian refugees fall into a legal lacuna that sets them outside minimal international protections available for all other refugee groups in the world. This paper provides background to the legal anomaly that sets Palestinian refugees apart; discusses the legal, practical, and political implications of that status; and proposes a framework and mechanisms aimed at promoting a rights-based solution for the …
Latinos In Massachusetts: Legal Immigration To New England During The 1990s, Enrico A. Marcelli
Latinos In Massachusetts: Legal Immigration To New England During The 1990s, Enrico A. Marcelli
Gastón Institute Publications
This fact sheet summarizes information about legal immigration flows to the New England Region during the 1990s employing Immigration and Naturalization Service data. Although the annual number of legal permanent residents (e.g., green card holders) from Latin America and the Caribbean fell during the decade, as a percent of all legal immigrants who settled in New England their representation rose. Among all Latin American and Caribbean immigrants who settled in the region, more than half chose Massachusetts or Connecticut. And although most reported working in lower-skilled occupations, from 10 percent to 30 percent of immigrants from each c o u …
"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser
"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser
Washington International Law Journal
On August 26, 2001, Australia attracted worldwide media attention by refusing entry to over 430 Afghan and Iraqi asylum seekers who were rescued at sea by a Norwegian freighter. Australia's Parliament subsequently passed legislation to heighten already strict migration laws pertaining to boat migrants. Even though Australia is party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, recent developments in national asylum policies retreat from the legal obligations, as well as the spirit, of these international treaties. Australia, however, is not the only country acting to deter boat migrants; the United States, for example, …
Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan
Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan
William & Mary Law Review
No abstract provided.
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
Scholarly Articles
None available.
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Scholarly Articles
None available.
H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon
H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Temporary Workers And Future Immigration Policy Conflicts: Protecting U.S. Workers And Satisfying The Demand For Global Human Capital, Enid Trucios-Haynes
Temporary Workers And Future Immigration Policy Conflicts: Protecting U.S. Workers And Satisfying The Demand For Global Human Capital, Enid Trucios-Haynes
Brandeis School of Law Faculty Scholarship
No abstract provided.
Nguyen V. Ins 533 U.S. 53 (2001), Brooke B. Grandle
Nguyen V. Ins 533 U.S. 53 (2001), Brooke B. Grandle
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
Human Rights Brief
No abstract provided.
Legislating A Public Health Nightmare: The Anti-Immigrant Provisions Of The "Contract With America" Congress, Julia Field Costich
Legislating A Public Health Nightmare: The Anti-Immigrant Provisions Of The "Contract With America" Congress, Julia Field Costich
Kentucky Law Journal
No abstract provided.
Refugee Law Is Not Immigration Law, James C. Hathaway
Refugee Law Is Not Immigration Law, James C. Hathaway
Book Chapters
The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.
Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman
Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna
St. Mary's Law Journal
This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …
Browning Oil Co. V. Luecke: Has Texas Illuminated A Dark Distinction Between Vertical And Horizontal Drilling., Stephen Taylor Dennis
Browning Oil Co. V. Luecke: Has Texas Illuminated A Dark Distinction Between Vertical And Horizontal Drilling., Stephen Taylor Dennis
St. Mary's Law Journal
Horizontal drilling technology continues to revitalize the oil and gas industry, however, many of the legal concepts governing oil and gas law have failed to keep pace. Recently, in Browning Oil Co. v. Luecke, the Third Court of Appeals of Texas dealt with the issue of whether an antidilution clause applied to both horizontal and vertical wells. The agreement between the parties did not contemplate the use of horizontal technology, however, the express language did not exclude horizontal technology. Because the agreement did not expressly exclude horizontal drilling, the court looked at the intent of the parties and ruled that …
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Michigan Journal of International Law
This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …