Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (46)
- Constitutional Law (38)
- Health Law and Policy (37)
- Administrative Law (36)
- Legal Ethics and Professional Responsibility (34)
-
- Juvenile Law (32)
- Family Law (31)
- Criminal Law (30)
- Labor and Employment Law (28)
- Social and Behavioral Sciences (28)
- Civil Rights and Discrimination (25)
- Law and Gender (24)
- Law and Society (23)
- Arts and Humanities (22)
- Legislation (22)
- Comparative and Foreign Law (21)
- State and Local Government Law (21)
- Criminal Procedure (19)
- Indigenous, Indian, and Aboriginal Law (19)
- Jurisprudence (19)
- National Security Law (19)
- Transnational Law (19)
- Fourteenth Amendment (18)
- International Law (18)
- Law and Psychology (18)
- Legal History (18)
- Legal Remedies (18)
- Privacy Law (18)
- Institution
-
- Pepperdine University (23)
- Loyola University Chicago, School of Law (20)
- St. Mary's University (19)
- Seattle University School of Law (18)
- University of Michigan Law School (9)
-
- William & Mary Law School (7)
- City University of New York (CUNY) (6)
- The Peter A. Allard School of Law (6)
- Penn State Dickinson Law (5)
- University of Maryland Francis King Carey School of Law (5)
- American University Washington College of Law (4)
- Duke Law (4)
- Maurer School of Law: Indiana University (4)
- University of Miami Law School (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Vanderbilt University Law School (4)
- Yeshiva University, Cardozo School of Law (4)
- Barry University School of Law (3)
- Columbia Law School (3)
- Osgoode Hall Law School of York University (3)
- UIC School of Law (3)
- University of Baltimore Law (3)
- University of Georgia School of Law (3)
- University of San Diego (3)
- Washington and Lee University School of Law (3)
- Brigham Young University Law School (2)
- Mercer University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University at Buffalo School of Law (2)
- University of Colorado Law School (2)
- Keyword
-
- Immigration (36)
- Deportation (12)
- Asylum (10)
- Citizenship (9)
- Immigration law (9)
-
- Aliens (7)
- Immigration Law (7)
- Refugees (7)
- St. Mary’s University School of Law (7)
- Immigrants (6)
- Refugee (6)
- St. Mary’s Law Journal (6)
- Refugee Law (5)
- Gender (4)
- Immigration reform (4)
- Law reform (4)
- Persecution (4)
- Refugee law (4)
- Treaties (4)
- Undocumented immigrants (4)
- United States (4)
- Administrative law (3)
- Alien (3)
- Arizona (3)
- Constitutional Law (3)
- Crimes (3)
- DREAM Act (3)
- Detention of persons (3)
- Domestic Violence (3)
- Due process of law (3)
- Publication
-
- Journal of the National Association of Administrative Law Judiciary (17)
- Faculty Scholarship (16)
- Seattle Journal for Social Justice (16)
- St. Mary's Law Journal (16)
- Children's Legal Rights Journal (13)
-
- All Faculty Publications (6)
- Pepperdine Law Review (6)
- Public Interest Law Reporter (6)
- Articles (4)
- City University of New York Law Review (4)
- Indiana Journal of Global Legal Studies (4)
- Michigan Journal of Race and Law (4)
- Scholarly Works (4)
- Faculty Publications (3)
- Journal Articles (3)
- Michigan Journal of International Law (3)
- The Scholar: St. Mary's Law Review on Race and Social Justice (3)
- Vanderbilt Journal of Transnational Law (3)
- William & Mary Law Review (3)
- All Faculty Scholarship (2)
- Editorials and Commentaries (2)
- Maryland Law Review (2)
- Nevada Law Journal (2)
- Publications (2)
- Publications and Research (2)
- San Diego International Law Journal (2)
- Scholarly Articles in Law Reviews & Journals (2)
- Touro Law Review (2)
- University of Miami Inter-American Law Review (2)
- Washington and Lee Law Review (2)
- Publication Type
Articles 1 - 30 of 217
Full-Text Articles in Immigration Law
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
The Fordham Undergraduate Research Journal
This article examines the political and social forces surrounding the April 23, 2010 passage of Arizona’s stringent immigration enforcement measure, Senate Bill (S.B.) 1070, which empowered local law enforcement to demand proof of legal residency from any person suspected of being undocumented. A person’s failure to produce documentation would result in arrest, detention, investigation, and potentially deportation to his or her nation of origin. Through the law’s lens, the article explores the development of the social tension that followed Arizona’s explosive population growth, and examines how Arizona’s large Hispanic population has been unable to assert itself at the ballot box …
The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru
The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru
Master's Theses
Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …
Time For Lawyers To Confront Anti-Roma Stereotypes, Sean Rehaag
Time For Lawyers To Confront Anti-Roma Stereotypes, Sean Rehaag
Editorials and Commentaries
No abstract provided.
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Michigan Journal of Race and Law
Immigration is currently a hot topic; discussion of immigration reform and the problems in our current system appear in the news virtually every day. There is widespread consensus that our current immigration system is “broken,” but there is little agreement on why and even less on what should be done to fix it. These are difficult and important questions, involving many complex interrelated factors. While I do not hope and cannot aim to answer them completely in this Article, I will argue that in doing so we must consider an often overlooked and generally understudied issue: the effects of trauma …
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
Michigan Journal of Race and Law
In the last fifteen years, the Board of Immigration Appeals has imposed a requirement that persons seeking asylum based on membership in a particular social group must establish that the social group is “socially visible” throughout society. This Comment argues that the social visibility requirement should be denied administrative deference on several grounds. The requirement should be denied Chevron deference because Congress’s intent behind the Refugee Act of 1980 is clear and unambiguous and, alternatively, the requirement is an impermissible interpretation of the statute. The requirement is also arbitrary and capricious under the Administrative Procedures Act. This Comment argues that …
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Michigan Journal of Race and Law
At the nation’s founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for foreigners. This Article is the first sustained treatment of the creation of property rights for noncitizens in American law. It uncovers two key sources for the rights that emerged during the nineteenth century: federal territorial law, which allowed for alien property ownership and alien suffrage, and state …
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Faculty Publications
No abstract provided.
Achieving The Dream: Extending Immigration Reform To Administrative Case Closure, Tory E. Smith
Achieving The Dream: Extending Immigration Reform To Administrative Case Closure, Tory E. Smith
San Diego Law Review
This Comment compares DACA to administrative case closure and argues that Congress or the President should grant employment authorization to individuals whose cases have been administratively closed. Part I describes the current interpretation of the employment authorization regulation and provides the background of administrative case closure. Part I highlights the disparate treatment that the regulation affords to undocumented immigrants facing deferred action and administrative closure—offering employment authorization to only deferred action recipients. Part II examines the history of deferred action in immigration cases and uses DACA as a framework to show how the scope of the employment authorization regulation should …
Daca And Ny Bar Eligibility, Janet M. Calvo, Shirley Lung, Alizabeth Newman
Daca And Ny Bar Eligibility, Janet M. Calvo, Shirley Lung, Alizabeth Newman
City University of New York Law Review
No abstract provided.
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Seattle Journal for Social Justice
No abstract provided.
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
Rethinking Review Standards In Asylum, Andrew Tae-Hyun Kim
Rethinking Review Standards In Asylum, Andrew Tae-Hyun Kim
William & Mary Law Review
Factual findings drive asylum adjudication. If immigration judges get them wrong, they risk sending refugees back to persecution. Recent studies have exposed an immigration agency that is prone to inaccurate and ill-considered fact-finding due to its structural problems. Without the political will or the financial capital necessary to fix what many acknowledge as a compromised system of adjudication, the agency may continue to render decisions that cast doubt on its capability and expertise. With an agency either unable or unwilling to ensure an accurate and fair fact-finding process, the first meaningful review of an asylum applicant’s claim happens at the …
Introduction, Jacqueline Mcmurtrie
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Policing The Immigration Police: Ice Prosecutorial Discretion And The Fourth Amendment, Jason A. Cade
Policing The Immigration Police: Ice Prosecutorial Discretion And The Fourth Amendment, Jason A. Cade
Scholarly Works
A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained evidence, typically by arguing that the Supreme Court should overrule its 1984 decision in INS v. Lopez-Mendoza not to enforce the exclusionary rule in civil immigration court. This Essay, in contrast, considers the role of Immigration and Customs Enforcement (ICE) attorneys in upholding the Fourth Amendment, taking as a launching point the recent exercise of prosecutorial discretion by ICE attorneys in …
Please Don't Be Our Guest: The Roma Expulsion From France Under European Union Law, Quinn Bennett
Please Don't Be Our Guest: The Roma Expulsion From France Under European Union Law, Quinn Bennett
Georgia Journal of International & Comparative Law
No abstract provided.