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Articles 181 - 210 of 217
Full-Text Articles in Immigration Law
Keeping Families Together? The Façade Of The I-601a Provisional Unlawful Presence Waiver, Natalie Tepeli
Keeping Families Together? The Façade Of The I-601a Provisional Unlawful Presence Waiver, Natalie Tepeli
Public Interest Law Reporter
No abstract provided.
Like Lambs To The Slaughter: How Unregulated Immigration Practitioners Harm Immigrants, Joseph M. Gietl
Like Lambs To The Slaughter: How Unregulated Immigration Practitioners Harm Immigrants, Joseph M. Gietl
Public Interest Law Reporter
No abstract provided.
Determining The Reasonableness Of Non-Compliance: Examining The Trauma Exception For T-Visa Applicants., Benjamin Thomas Greer, Scott Davidson Dyle
Determining The Reasonableness Of Non-Compliance: Examining The Trauma Exception For T-Visa Applicants., Benjamin Thomas Greer, Scott Davidson Dyle
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Deferred Action For Childhood Arrivals (Daca): A Non-Legislative Means To An End That Misses The Bull's-Eye., Naomi Cobb
Deferred Action For Childhood Arrivals (Daca): A Non-Legislative Means To An End That Misses The Bull's-Eye., Naomi Cobb
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Moncrieffe: Lessons In Crimmigration Law, Maritza I. Reyes
Moncrieffe: Lessons In Crimmigration Law, Maritza I. Reyes
Journal Publications
No abstract provided.
The Irs' Double-Bogey: Goosen V. Commissioner Remains A Fairway To Characterize Endorsement Income For Nonresident Alien Athletes In Garcia V. Commissioner, Seth William Stern
The Irs' Double-Bogey: Goosen V. Commissioner Remains A Fairway To Characterize Endorsement Income For Nonresident Alien Athletes In Garcia V. Commissioner, Seth William Stern
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Promise And Peril Of Cities And Immigration Policy, Rick Su
The Promise And Peril Of Cities And Immigration Policy, Rick Su
Journal Articles
No abstract provided.
Embracing Mercy: Rehabilitation As A Means To Fairly And Efficiently Address Immigration Violations, David C. Koelsch
Embracing Mercy: Rehabilitation As A Means To Fairly And Efficiently Address Immigration Violations, David C. Koelsch
Intercultural Human Rights Law Review
Efforts by the U.S. Congress and the Obama Administration to provide millions of undocumented immigrants a path to legal status will fail unless deserving immigrants are allowed to overcome prior immigration or minor criminal violations. Indeed, a pathway to legal status is a hollow gesture if the path is either too narrow or too steep. As one means of evaluating which immigrants should benefit from comprehensive immigration reform, rehabilitation allows immigrants to demonstrate that they deserve a second chance and provides policymakers with a buffer against critics of immigration reform who allege it is nothing more than an amnesty for …
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Maryland Law Review
No abstract provided.
The Right To Court-Appointed Counsel In Removal Proceedings: An End To Wrongful Detention And Deportation Of U.S. Citizens., Renata Robertson
The Right To Court-Appointed Counsel In Removal Proceedings: An End To Wrongful Detention And Deportation Of U.S. Citizens., Renata Robertson
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Point Of A Points System: Attracting Highly Skilled Immigrants The United States Needs And Ensuring Their Success, Carla Tabag
The Point Of A Points System: Attracting Highly Skilled Immigrants The United States Needs And Ensuring Their Success, Carla Tabag
Vanderbilt Journal of Transnational Law
In a globalizing world, labor is an increasingly mobile and competitive resource. Responding to this changing labor market, countries like Canada, the United Kingdom, and Australia have adopted points systems with the goal of attracting talented, highly skilled immigrants. In the United States, however, much of the national focus on immigration remains on deterring illegal immigration rather than attracting immigrants that the United States needs to remain competitive in a globalized world. But attracting skilled immigrants is only one ingredient to a successful points system; a country must also ensure those immigrants are successful and use their talents to the …
Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price
Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price
Vanderbilt Journal of Transnational Law
Statelessness exists in the United States--a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …
Expanding The Vienna Convention On Consular Relations, Sarah G. Mccroskey
Expanding The Vienna Convention On Consular Relations, Sarah G. Mccroskey
Vanderbilt Journal of Transnational Law
Article 37 of the Vienna Convention on Consular Relations (VCCR) aims to protect the interests of foreign national children by requiring consular notification whenever these children come into the custody of the state. Consular assistance can be invaluable for foreign national parents and children who may not understand the language or the culture and who may be subject to discrimination based on their nationality. However, the VCCR is currently inadequate in two major ways. First, the protections of Article 37 are only triggered when the child in custody is a foreign national, leaving vulnerable to unfair treatment families in which …
Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser
Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser
Publications
No abstract provided.
Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks
Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks
Faculty Publications
No abstract provided.
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Seattle University Law Review Online
No abstract provided.
Getting Paid In Probate Court., Robert J. Augsburger
Getting Paid In Probate Court., Robert J. Augsburger
St. Mary's Law Journal
After reviewing the Texas Probate Code, the Texas Property Code, and current case law, this Essay compiles relevant information designed to assist attorneys in obtaining payment for services provided to their clients. An attorney ad litem is an officer of the court whose “fees are assessed as costs of suit” rather than requiring the ad litem to seek “fees only from his clients’ recovered shares.” Therefore, each attorney ad litem appointed under § 34A of the Texas Probate Code is entitled to reasonable compensation for services in the amount set by the court. The attorney’s fees “must be supported by …
Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell
St. Mary's Law Journal
Abstract Forthcoming.
Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar
Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar
St. Mary's Law Journal
Over the years, civilians and members of the military have falsely claimed honors “stealing” the valor, reputation and benefits bestowed upon actual medal recipients. Lawmakers have historically addressed this problem of stolen valor with criminal prosecution. In 2005, Congress passed the Stolen Valor Act, making it illegal for an individual to lie about receiving military awards. However, the constitutionality of the Stolen Valor Act of 2005 was challenged in United States v. Alvarez. The Supreme Court of the United States found that the act violated the First Amendment because it was a content-based restriction on speech regarding military service. Therefore, …
The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott
The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott
St. Mary's Law Journal
A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …
The Health Consequences And Healthcare-Seeking Strategies For South American Immigrant Careworkers In Genoa, Italy, Patti A. Meyer
The Health Consequences And Healthcare-Seeking Strategies For South American Immigrant Careworkers In Genoa, Italy, Patti A. Meyer
Theses and Dissertations--Anthropology
This research on healthcare strategies of home-based, low-wage, immigrant careworkers contributes to the ways medical anthropology, migration studies and social science understand human-economy-family care relationships and health and carework as commodities in today's global economy. It reveals the consequences for workers as they defray the costs of care for the Italian government and contribute to their home economies. This research was conducted in Genoa, Italy, which has the largest percentage of people over the age of 70 in any city of its size in the world and a tradition of sending and receiving immigrant workers. The main question was: Under …
The Culture Of Rights Protection In Canadian Refugee Law: Examining The Domestic Violence Cases, Efrat Arbel
The Culture Of Rights Protection In Canadian Refugee Law: Examining The Domestic Violence Cases, Efrat Arbel
All Faculty Publications
This article examines Canadian refugee law cases involving domestic violence, analyzed through a comparison with cases involving forced sterilization and genital cutting. Surveying 645 reported decisions, it suggests that Canadian adjudicators generally adopted different methods of analysis in refugee cases involving domestic violence, as compared with these other claims. The article argues that Canadian adjudicators rarely recognized domestic violence as a rights violation in itself but, instead, demonstrated a general predisposition toward finding domestic violence persecution in cultural difference. That is, adjudicators tended to recognize domestic violence claimants not as victims of persecutory practices but rather as victims of persecutory …
La Culture De La Protection Des Droits Fondamentaux En Droit Canadien Des Réfugiés: Un Examen Des Affaires De Violence Familiale, Efrat Arbel
All Faculty Publications
Cet article examine les cas canadiens de droit des réfugiés impliquant de la violence familiale, analysés par le biais d’une comparaison avec les cas de stérilisation forcée et de mutilations génitales. Parcourant 645 décisions publiées, il suggère que les arbitres canadiens ont en général adopté différentes méthodes d’analyse dans le cas des réfugiés de violence familiale, par rapport aux autres affaires. L’article soutient que les arbitres canadiens reconnaissent rarement la violence domestique comme une violation des droits en soi, mais au contraire, ont montré une prédisposition générale à reconnaître des situations violence domestique dans la différence culturelle. Autrement dit, les …
Sharing The Risks And Rewards Of Economic Migration, Anu Bradford
Sharing The Risks And Rewards Of Economic Migration, Anu Bradford
Faculty Scholarship
International cooperation on economic migration has been difficult to achieve. The interests of emigration countries ("source countries") and immigration countries ("destination countries') seem impossible to align. These countries disagree on who should migrate: source countries resist migration that leads to a brain drain, while destination countries welcome these very migrants given that they are likely to be the most productive citizens and the least likely to become fiscal burdens on the destination country. In addition, destination countries resist migration that leads to domestic unemployment through labor replacement. As a result, international economic migration remains restricted at a substantial cost to …
Biometric Id Cybersurveillance, Margaret Hu
Biometric Id Cybersurveillance, Margaret Hu
Faculty Scholarship
The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …
Plenary Power Preemption, Kerry Abrams
What Makes The Family Special?, Kerry Abrams
What Makes The Family Special?, Kerry Abrams
Faculty Scholarship
No abstract provided.
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise, Benjamin Perrin
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise, Benjamin Perrin
All Faculty Publications
Migrant smuggling is a dangerous, sometimes deadly, criminal activity. Failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel, endangers the lives and safety of smuggled migrants, undermines border security, and undermines the integrity and fairness of immigration systems. Introduced in the Canadian House of Commons in June 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration System Act (Bill C-4) includes proposed amendments to the Immigration and Refugee Protection Act that would enhance …
How The Charter Has Failed Non-Citizens In Canada – Reviewing Thirty Years Of Supreme Court Of Canada Jurisprudence, Catherine Dauvergne
How The Charter Has Failed Non-Citizens In Canada – Reviewing Thirty Years Of Supreme Court Of Canada Jurisprudence, Catherine Dauvergne
All Faculty Publications
This paper presents a study of all of the Supreme Court of Canada’s Charter-era jurisprudence addressing the rights of non-citizens. It traces the jurisprudential evolution from early decisions strongly supportive of non-citizens’ rights claims, to more recent rulings where non-citizens’ rights claims are rejected, sidelined or even ignored. Patterns in decision making are discernible and the decline in protections for non-citizens follows logically enough from a series of interpretive stances made relatively early on. There is evidence here of what I have termed ‘Charter hubris.’ This is a leading factor in explaining the current state of affairs, which works alongside …
Bordering On Failure: Canada-U.S. Border Policy And The Politics Of Refugee Exclusion, Efrat Arbel, Alletta Brenner
Bordering On Failure: Canada-U.S. Border Policy And The Politics Of Refugee Exclusion, Efrat Arbel, Alletta Brenner
All Faculty Publications
In June 2012, the Canadian government ushered in sweeping reforms to Canada’s refugee system. These reforms brought debates about Canadian refugee protection to the forefront of legal and political discourse. In advancing these reforms, the Canadian government has asserted that Canada’s refugee system is among the most generous and compassionate in the world. Canada’s doors, the Canadian government has stated, remain open to legitimate refugees. This report evaluates these claims by examining the U.S.-Canada Safe Third Country Agreement and border measures implemented under the rubric of the Multiple Borders Strategy, and analyzing their effects on asylum seekers. A detailed examination …