Immigration Law Commons^™

Irony, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

Brain Drain, Fernando R. Tesón

Scholarly Publications

No abstract provided.

U.S. Immigration Policy: Contract Or Human Rights Law?, Victor C. Romero

Faculty Scholarship

The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom.

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Faculty Scholarship

This article examines the mixed effect of arbitration upon the generation of international law norms; in particular, how arbitration can generate private law norms so effectively and yet still face strong resistance in public international law processes and controversies. The work of arbitration for international commercial litigation has been nothing less than spectacular. In both the private international and domestic civil contexts, arbitration has provided viable remedial solutions and functional adjudication when the law was either nonexistent or incapacitated. It has supplied a workable and adaptable trial system, which-on the international side-could also generate substantive legal norms. Arbitration thereby has …

The Human Rights Quagmire Of 'Human Trafficking', James C. Hathaway

Articles

Support for the international fight against "human trafficking" evolved quickly and comprehensively. The campaign launched by the UN General Assembly in December 19981 led to adoption just two years later of the Trafficking Protocol to the UN Convention against Organized Crime.2 U.S. President George W. Bush was among those particularly committed to the cause, calling for collective effort to eradicate the "special evil" of human trafficking, said by him to have become a "humanitarian crisis."3 One hundred and twenty-two countries have now ratified the Trafficking Protocol, agreeing in particular to criminalize trafficking and to cooperate in investigating and prosecuting allegations …

Patrolling The Borders Of Sexual Orientation: Bisexual Refugee Claims In Canada, Sean Rehaag

Articles & Book Chapters

Canada’s current definition of a refugee includes those facing persecution on account of sexual orientation. This article demonstrates that the success rates for sexual-minority refugee claims are similar to the success rates for traditional refugee claims. However, one subset of sexual-minority refugee claimants, those alleging a fear of persecution on account of bisexuality, is far less successful.

The author contends that a major cause of the difficulties bisexual refugee claimants encounter is the dominant understanding of sexual orientation as an innate and immutable personal characteristic. This view of sexual orientation underlies contemporary Canadian sexual-minority refugee law. The life experiences of …

Silent Victims No More?: Moral Indignation And The Potential For Latino Political Mobilization In Defense Of Immigrants, Raquel Aldana

McGeorge School of Law Scholarly Articles

No abstract provided.

In The Wake Of Low V. Henry: Is Pre-Suit Discovery Now A Reality In Texas., John G. Lione Jr., Ryan W. Lione

St. Mary's Law Journal

Following the Texas Supreme Court decision in Low v. Henry, the issue of whether an attorney may be liable for filing a “groundless pleading” has come to the forefront of Texas jurisprudence. This recent decision ought to pique Texas attorneys’ attention. In reprimanding egregious attorney conduct, did the Texas Supreme Court’s tightening of the Texas Rules of Civil Procedure increase the duties and responsibilities of all Texas attorneys by establishing what may amount to pre-suit discovery? Yet, courts presume pleadings and motions are filed in good faith, and the party seeking sanctions bears the burden of rebutting this presumption. The …

The Emerging Importance Of "Social Visibility" In Defining A Particular Social Group And Its Potential Impact On Asylum Claims Related To Sexual Orientation And Gender, Fatma E. Marouf

Scholarly Works

An emerging issue in U.S. asylum claims based on "membership in a particular social group" is the relevance of social visibility in determining whether such a group exists. Of the five protected grounds for asylum, "membership in a particular social group" has always generated the most debate. In 2002, the United Nations High Commissioner for Refugees (UNHCR) issued guidelines that present the "protected characteristic" and "social perception" approaches as alternative ways of establishing a particular social group, instructing States Parties to the 1951 Refugee Convention (the "Convention") to determine first if there is a protected characteristic and, only if no …

Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv

St. Mary's Law Journal

The practicing attorney must have a complete understanding of legal malpractice liability. Managing this risk can be a precarious responsibility when the law is not clearly defined. This is compounded by the steady erosion of attorney-client privity barriers making it easier for third party non-clients to sue lawyers for legal malpractice. This is the current state of matters in Texas since the Texas Supreme Court decided Belt v. Oppenheimer, Blend, Harrison & Tate, Inc. on May 5, 2006. The Belt court determined personal representatives of an estate may bring a malpractice claim against the decedent’s attorneys. The Belt court was …

Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton

St. Mary's Law Journal

Abstract Forthcoming.

A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold

St. Mary's Law Journal

Abstract Forthcoming.

Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts

St. Mary's Law Journal

As a way to deal with his loss, this eulogy honors Henry Johnson (1942-2008) by focusing on ten good things about him. As a former English teacher, he valued clarity and precision, which reflects another good thing about Henry: the importance of strong organization. His zest for travel enabled him to share voluminous details about countless countries around the world, including where the best restaurants and wineries were. No description would be complete without emphasizing his love for golf, but the most important thing about Henry was the way he cared for his family, friends, and animals.

The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan

St. Mary's Law Journal

The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …

American Legal Ethics In An Age Of Anxiety., Michael Ariens

St. Mary's Law Journal

The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …

The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman

St. Mary's Law Journal

The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently. The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.

The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee

St. Mary's Law Journal

On the surface, there is nothing particularly noteworthy about the case of Johnson v. Darr, and, in fact it was not the merits of the case that made the headlines. It was the makeup of the tribunal. Long before women in Texas were even granted the right to serve on juries and before any woman ever served as a judge on any of the lower Texas courts, the judges appointed to hear the case of Johnson v. Darr were all women. This was the first time a woman was appointed in any capacity to serve on the Texas judiciary and …

On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz

St. Mary's Law Journal

Abstract Forthcoming.

A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider

St. Mary's Law Journal

Taxation has long been a point of contention for both individuals and businesses. Primarily, taxation serves as a convenient and calculated method of allocating precious resources to areas in need. Although many states use property and income taxes as the preferred methods for funding these programs, Texas has a constitutional restriction on state taxation of individuals’ incomes. This means Texas has largely relied on property and business taxes to fund these programs. In 1991, while trying to avoid unconstitutional taxes on individuals’ incomes, the Texas Legislature adopted a franchise tax which taxed Texas businesses according to their capital. In 2006, …

Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast

St. Mary's Law Journal

Ethical rules generally set forth commonly held ethics principles in broad terms which usually generate little debate. What has generated a great deal of debate is whether it is ethical for an attorney to record a conversation. The American Bar Association’s (ABA) view of the issue has shifted over the years. Originally, the practice was held to be unethical except for certain well-defined exceptions involving government attorneys. The 2001 ABA opinion officially withdrew the original opinion allowing attorneys to secretly record a conversation with a non-client where it is not illegal. States’ opinions as to whether conversation recording is ethical …

Collateral Consequences Of Criminal Convictions To Noncitizens, Fernando A. Nuñez

Faculty Scholarship

The criminal defense attorney's intuitive pursuit of freedom for a client is almost always the best approach in the representation of individuals charged with a crime. When representing noncitizens, however, the prudent practice is to deemphasize immediate freedom and instead to focus on the collateral consequences the conviction will have on the noncitizen's immigration status.

Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo

Richmond Public Interest Law Review

An editorial discussing the following, 1. Why legislators want to pass laws to discourage illegal alien: The problem with illegal immigration isn't the people it's the cost, 2. How legislators can pass laws to discourage illegal aliens from coming to Virginia, 3. 2008 legislation on immigration

Improving Immigration Adjudications Through Competent Counsel, Andrew I. Schoenholtz, Hamutal Bernstein

Georgetown Law Faculty Publications and Other Works

The immigration adjudication system in the United States is in serious need of reform. While much attention has focused on one of the principal adjudicators, the Immigration Judges, recent research conducted by Philip Schrag, Jaya Ramji-Nogales, and Andrew Schoenholtz has shown that policymakers and adjudicators should be examining all levels of decision making. This includes not only decisions at the Immigration Court level but also at the Asylum Office, the Board of Immigration Appeals and the Circuit Courts. In Refugee Roulette: Disparities in Asylum Adjudication, the authors found a troubling degree of inconsistency at all levels that track individual …

Protecting Foreign Victims Of Domestic Violence: An Analysis Of Asylum Regulations, 12 N.Y.U. J. Legis. & Pub. Pol'y 115 (2008), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

Sharing The American Dream: Towards Formalizing The Status Of Long-Term Resident Undocumented Children In The United States, Ragini Shah

Suffolk University Law School Faculty Works

The legal status of the estimated 1.8 million undocumented young persons currently in the United States is a pressing issue that must be addressed by lawyers and policymakers in the near future. These young people arrived in the United States at a very young age yet do not have, and cannot obtain, lawful immigration status. This article examines their complex position and advocates statutory reforms that better account for their unique developmental and cultural attachments to the United States. This article surveys the history of U.S. immigration policies in relation to undocumented youth as well as current reform proposals to …

Senate Bill 1639 And Other Federal Efforts At Reform: What Went Wrong? Keynote Presentation At Loyola Public Interest Law Reporter Symposium January 29, 2008, Jeanne A. Butterfield Esq.

Public Interest Law Reporter

No abstract provided.

What The Immigration Conundrum Portends: Ice In The Workplace, Margaret H. Mccormick J.D.

Public Interest Law Reporter

No abstract provided.

Rico: A New Way To Enforce Immigration Law, Howard Foster

Public Interest Law Reporter

No abstract provided.

Advocacy Should Be Personal: An Interview With Emma Lozano, Daniel Koen

Public Interest Law Reporter

No abstract provided.