Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (34)
- Jurisprudence (31)
- Military, War, and Peace (29)
- Environmental Law (28)
- Health Law and Policy (28)
-
- Legal Ethics and Professional Responsibility (28)
- Oil, Gas, and Mineral Law (28)
- State and Local Government Law (28)
- Civil Rights and Discrimination (11)
- Human Rights Law (10)
- Constitutional Law (8)
- International Law (7)
- Labor and Employment Law (5)
- Criminal Law (4)
- Legislation (4)
- National Security Law (4)
- Criminal Procedure (3)
- Family Law (3)
- Law Enforcement and Corrections (3)
- Administrative Law (2)
- Comparative and Foreign Law (2)
- Courts (2)
- Fourteenth Amendment (2)
- International Humanitarian Law (2)
- Law and Gender (2)
- Legal History (2)
- Litigation (2)
- Religion Law (2)
- Institution
-
- St. Mary's University (29)
- BLR (6)
- University of Miami Law School (4)
- University of Michigan Law School (4)
- American University Washington College of Law (3)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of San Diego (3)
- University of the District of Columbia School of Law (3)
- Brooklyn Law School (2)
- Georgetown University Law Center (2)
- Loyola University Chicago, School of Law (2)
- New York Law School (2)
- Association of American Law Schools (1)
- Boston University School of Law (1)
- Cornell University Law School (1)
- Notre Dame Law School (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- UC Law SF (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts Boston (1)
- University of the Pacific (1)
- William & Mary Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- St. Mary’s Law Journal (17)
- St. Mary’s University School of Law (13)
- Immigration Law (10)
- Immigration (9)
- Constitutional Law (5)
-
- Asylum (4)
- Civil Rights and Discrimination (4)
- Human Rights Law (4)
- St. Mary’s School of Law (4)
- Terrorism (4)
- Texas (4)
- 9/11 (3)
- Criminal Law and Procedure (3)
- Criminal law (3)
- Discrimination (3)
- Labor Law (3)
- Labor law (3)
- Law and Society (3)
- Negligence (3)
- Appeals (2)
- Arab (2)
- Civil Rights (2)
- Civil law (2)
- Common law (2)
- Constitutional law (2)
- Crime (2)
- Employment Practice (2)
- Employment law (2)
- Fairness (2)
- Homophobia (2)
- Publication
-
- St. Mary's Law Journal (28)
- ExpressO (6)
- Faculty Scholarship (5)
- Nevada Law Journal (3)
- University of the District of Columbia Law Review (3)
-
- Public Interest Law Reporter (2)
- San Diego International Law Journal (2)
- Scholarly Articles in Law Reviews & Journals (2)
- University of Miami Inter-American Law Review (2)
- Appellate Briefs (1)
- Articles (1)
- Articles & Chapters (1)
- Buffalo Women's Law Journal (1)
- Cardozo Law Review (1)
- Cornell Law Faculty Publications (1)
- Editorials and Commentaries (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Human Rights Brief (1)
- Journal Articles (1)
- Journal of Legal Education (1)
- McGeorge School of Law Scholarly Articles (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of International Law (1)
- NYLS Law Review (1)
- New England Journal of Public Policy (1)
- Reviews (1)
- San Diego Law Review (1)
- Testimony Before Congress (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Publication Type
Articles 1 - 30 of 79
Full-Text Articles in Immigration Law
How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton
How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton
University of the District of Columbia Law Review
Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations.1 Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is because many of the measures taken in the name of fighting terrorism have not been effective at finding terrorists, but have resulted in civil liberties and civil rights violations. Lessening of civil liberties and due process protections disproportionately affects Latino communities, who are less likely to have access …
Remarks Of Denyse Sabagh, Denyse Sabagh
Remarks Of Denyse Sabagh, Denyse Sabagh
University of the District of Columbia Law Review
No abstract provided.
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
University of the District of Columbia Law Review
The questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated illegal alien population in the United States has reached historic levels. The national response to the attacks of September 11, 2001 transformed what had been largely a municipal conflict between ethnic organizations, the immigration bar, and local governments in high-immigration jurisdictions into a much larger national debate about national security, civil liberties, and federalism.z After the devastating attacks on the …
Developing A Course On The Rights Of Low-Wage Workers, Shirley Lung
Developing A Course On The Rights Of Low-Wage Workers, Shirley Lung
Journal of Legal Education
No abstract provided.
When They Need Help The Most: Public Services For Immigrants, Miren Uriarte, Phillip Granberry
When They Need Help The Most: Public Services For Immigrants, Miren Uriarte, Phillip Granberry
New England Journal of Public Policy
Ending unauthorized immigration is at the heart of current federal initiatives in both immigration and social policy. The intertwining of these two areas of policy is nowhere clearer than in the 1996 passage of both the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), better known as Welfare Reform, and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Immigration status became a key point of differentiation in access to public benefits as cutbacks were instituted with the stated goal of curtailing undocumented immigration. The denial of public benefits to limit unauthorized immigration has a disproportionate impact on those groups …
Domestic Violence, Gender-Related Asylum And In Re R.A., Bryn D. Powell
Domestic Violence, Gender-Related Asylum And In Re R.A., Bryn D. Powell
Buffalo Women's Law Journal
No abstract provided.
The U Visa: Another Remedy For Battered Immigrant Women., Greta D. Stoltz
The U Visa: Another Remedy For Battered Immigrant Women., Greta D. Stoltz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White
The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White
Nevada Law Journal
No abstract provided.
The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White
The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White
Nevada Law Journal
No abstract provided.
Driver's Licenses And Undocumented Immigrants: The Future Of Civil Rights Law?, Kevin R. Johnson
Driver's Licenses And Undocumented Immigrants: The Future Of Civil Rights Law?, Kevin R. Johnson
Nevada Law Journal
No abstract provided.
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
ExpressO
This article examines a statute that may embody another limit on the power of the federal courts. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) implemented sweeping changes that substantially restrict federal court review of administrative immigration decisions. One provision implemented as a part of IIRIRA, 8 U.S.C. § 1252(f)(1), appears, at least at first glance, to prohibit courts from issuing class-wide injunctive relief in immigration cases. Such a restriction would be significant because federal courts have issued class-wide injunctions in the past to stop unconstitutional immigration practices and policies of the federal government. The Supreme Court …
No One Is Above The Law On Refugees: Churches Keep Canada From Violating International Law, Sean Rehaag
No One Is Above The Law On Refugees: Churches Keep Canada From Violating International Law, Sean Rehaag
Editorials and Commentaries
No abstract provided.
Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton
Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton
University of Miami Inter-American Law Review
No abstract provided.
Haitian Refugees And The Rule Of Law, Irwin P. Stotzky
Aiding Terrorists: Hearing Before The S. Comm. On The Judiciary, 108th Cong., May 5, 2004 (Statement Of David D. Cole, Geo. U. L. Center), David Cole
Testimony Before Congress
No abstract provided.
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
San Diego International Law Journal
This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
San Diego International Law Journal
This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …
Deportations, Removals And The 1996 Immigration Acts: A Modern Look At The Ex Post Facto Clause, Lupe S. Salinas
Deportations, Removals And The 1996 Immigration Acts: A Modern Look At The Ex Post Facto Clause, Lupe S. Salinas
ExpressO
The article addresses the punitive aspects of the deportation procedures as impacted by the 1996 Immigration Acts. When faced with the precedents in the field, that deportation is a civil procedure, federal courts conclude that the Ex Post Facto Clause does not apply. However, the article draws upon common law and other historical bases for the conclusion that a modern view should hold that conviction-related removals are punitive and subject to ex post facto analysis.
International Child Abductions: The Challenges Facing America , Charles F. Hall
International Child Abductions: The Challenges Facing America , Charles F. Hall
ExpressO
International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …
Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ
University of Miami Inter-American Law Review
No abstract provided.
The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler
The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler
Cardozo Law Review
No abstract provided.
The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman
The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman
ExpressO
This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
ExpressO
No abstract provided.
Involuntary Particularism: What The Noahide Laws Tell Us About Citizenship And Alienage, Gidon G. Rothstein
Involuntary Particularism: What The Noahide Laws Tell Us About Citizenship And Alienage, Gidon G. Rothstein
ExpressO
This article argues that the Jewish picture of the Noahide laws, laws thought to apply to all non-Jews but particularly to those who would reside in a Jewish commonwealth, can shed light on how to balance a strong sense of citizenship with reasonable policies towards Lawful Permanent Residents. The article enunciates models for how to adapt the provisions of one legal system to another, shows that the Noahide system demanded that non-Jews accept fundamental aspects of a Jewish worldview in order to live among them, and then applies those lessons to argue for a reinvigorated view of American citizenship and …
Benitez V. Wallis: Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Evan Caminker
Benitez V. Wallis: Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Evan Caminker
Appellate Briefs
This case addresses the due process rights of aliens in the United States who have been detained indefinitely pending final removal, because the United States is unable to deport them. Amici curiae are 24 professors of constitutional law, immigration law, foreign relations law, American legal history and federal courts at law schools in the United States. Amici have expertise in the constitutional law of the United States relating to foreign relations, immigration, and due process, and many have written about the due process principles raised by this case. The professional interest of amici is in ensuring that the Court is …
Even Aliens Are Entitled To Due Process: Extending Mathews V. Eldridge Balancing To Board Of Immigration Appeals Procedural Reform, Bradley J. Wyatt
Even Aliens Are Entitled To Due Process: Extending Mathews V. Eldridge Balancing To Board Of Immigration Appeals Procedural Reform, Bradley J. Wyatt
William & Mary Bill of Rights Journal
No abstract provided.
Hiding The Ball: The Need For Abandoning The Immediate Custodian Rule For Writs Of Habeas Corpus Filed By Immigrant Detainees, Michael Beland, Amanda Lesher Olear
Hiding The Ball: The Need For Abandoning The Immediate Custodian Rule For Writs Of Habeas Corpus Filed By Immigrant Detainees, Michael Beland, Amanda Lesher Olear
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Sex Determination For Federal Purposes: Is Transsexual Immigration Via Marriage Permissible Under The Defense Of Marriage Act?, John A. Fisher
Sex Determination For Federal Purposes: Is Transsexual Immigration Via Marriage Permissible Under The Defense Of Marriage Act?, John A. Fisher
Michigan Journal of Gender & Law
Part I describes the federal immigration benefits available to spouses of most U.S. citizens and presents the historical and contemporary obstacles that prohibit these benefits from being extended to gays and lesbians. It then addresses DOMA's failure to define "opposite sex," and hence DOMA's failure to indicate whether post-operative transsexuals, or their partners, should be given "spousal status" under current U.S. immigration law. Part II examines traditional and modern notions of sex. It traces state legal approaches to transsexual marriage and ultimately disentangles the formalistic rhetoric that obfuscates the reasoning in those cases. In particular, Part II focuses on a …
Refugee Protection In International Law: Unhcr's Global Consultations On International Protection, Taylor H. Garrett
Refugee Protection In International Law: Unhcr's Global Consultations On International Protection, Taylor H. Garrett
Michigan Journal of International Law
Review of Refugee Protection in International Law: UNHCR's Global Consultations on International Protection (Erika Feller, Volker Türk & Frances Nicholson eds.)
Consular Absolutism: The Need For Judicial Review In The Adjudication Of Immigrant Visas For Permanent Residence, 37 J. Marshall L. Rev. 577 (2004), Maria Zas
UIC Law Review
No abstract provided.