Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (36)
- Environmental Law (32)
- Health Law and Policy (30)
- Jurisprudence (30)
- Human Rights Law (29)
-
- Military, War, and Peace (28)
- State and Local Government Law (28)
- Legal Ethics and Professional Responsibility (27)
- Oil, Gas, and Mineral Law (27)
- Constitutional Law (21)
- Criminal Law (18)
- Civil Rights and Discrimination (16)
- International Law (15)
- Administrative Law (10)
- International Humanitarian Law (9)
- Law and Gender (9)
- Law and Race (9)
- Social and Behavioral Sciences (9)
- Legal Education (8)
- Legislation (8)
- Law Enforcement and Corrections (6)
- Sexuality and the Law (6)
- Labor and Employment Law (5)
- Law and Politics (5)
- Legal Profession (5)
- President/Executive Department (5)
- Supreme Court of the United States (5)
- Comparative and Foreign Law (4)
- Institution
-
- St. Mary's University (28)
- American University Washington College of Law (13)
- University of Oklahoma College of Law (12)
- University of Georgia School of Law (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
-
- Roger Williams University (10)
- The University of Akron (10)
- University of Michigan Law School (8)
- St. John's University School of Law (7)
- Yeshiva University, Cardozo School of Law (7)
- Fordham Law School (4)
- Penn State Dickinson Law (4)
- Georgetown University Law Center (3)
- Northwestern Pritzker School of Law (3)
- University of Baltimore Law (3)
- University of Kentucky (3)
- University of Washington School of Law (3)
- Western New England University (3)
- William & Mary Law School (3)
- Barry University School of Law (2)
- California Polytechnic State University, San Luis Obispo (2)
- City University of New York (CUNY) (2)
- Florida A&M University College of Law (2)
- St. Thomas University College of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Colorado Law School (2)
- University of Miami Law School (2)
- University of New Hampshire (2)
- University of the District of Columbia School of Law (2)
- Washington and Lee University School of Law (2)
- Keyword
-
- Immigration (67)
- Deportation (14)
- Immigration law (10)
- Asylum (9)
- Chae Chan Ping (9)
-
- Immigration Law (9)
- Refugees (8)
- DACA (7)
- DAPA (7)
- St. Mary’s Law Journal (7)
- St. Mary’s University School of Law (7)
- Crimmigration (6)
- Citizenship (5)
- Department of Homeland Security (5)
- Detention (5)
- Noncitizens (5)
- Refugee (5)
- Aliens (4)
- Criminal law (4)
- INS (4)
- Immigrant (4)
- Immigration and Nationality Act (4)
- Immigration status (4)
- Race (4)
- United States (4)
- Barack Obama (3)
- Board of Immigration Appeals (3)
- Constitutional law (3)
- Crimes (3)
- Due process (3)
- Publication
-
- St. Mary's Law Journal (27)
- Scholarly Works (12)
- Akron Law Review (10)
- Faculty Scholarship (10)
- Oklahoma Law Review (9)
-
- Articles (7)
- Georgia Journal of International & Comparative Law (7)
- St. John's Law Review (7)
- Law Faculty Scholarship (6)
- American University Law Review (5)
- Scholarly Articles in Law Reviews & Journals (5)
- University of Michigan Journal of Law Reform (5)
- Faculty Articles (4)
- Fordham Law Review (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Journal Articles (3)
- Law School Blogs (3)
- Media Presence (3)
- Northwestern University Law Review (3)
- All Faculty Scholarship (2)
- Cardozo Journal of International and Comparative Law (2)
- Cardozo Law Review (2)
- Faculty Publications (2)
- Law Faculty Research Publications (2)
- Life of the Law School (1993- ) (2)
- Michigan Law Review First Impressions (2)
- Publications and Research (2)
- St. Thomas Law Review (2)
- West Virginia Law Review (2)
- William & Mary Bill of Rights Journal (2)
- Publication Type
Articles 121 - 150 of 211
Full-Text Articles in Immigration Law
Inhospitable Hosts: Fundamental Flaws In Recruitment Practices Of H-2a Guest Workers And Recommendations For Change, Elyse T. Watkins
Inhospitable Hosts: Fundamental Flaws In Recruitment Practices Of H-2a Guest Workers And Recommendations For Change, Elyse T. Watkins
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson
Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson
Journal of Health Care Law and Policy
No abstract provided.
A Cost-Benefit Analysis Of The Federal Prosecution Of Immigration Crimes, Kit Johnson
A Cost-Benefit Analysis Of The Federal Prosecution Of Immigration Crimes, Kit Johnson
Faculty Articles
Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (court- house costs, alternative prosecution, and incarceration). I conclude that deportation immediately following a conviction for an immigration crime appears to capture the key benefit of this system (signaling/expression) while alleviating its greatest expense (incarceration).
Vast Hordes...Crowding In Upon Us: The Executive Branch's Response To Mass Migration And The Legacy Of Chae Chan Ping, Kit Johnson
Vast Hordes...Crowding In Upon Us: The Executive Branch's Response To Mass Migration And The Legacy Of Chae Chan Ping, Kit Johnson
Faculty Articles
In this essay, we consider how Chae Chan Ping v. United States influences the Executive Branch’s policy response to mass migration, even today. The fear of mass migration reflected in the opinion, and the Court’s articulation that our government must protect its citizenry from “vast hordes...crowding in upon us,” is a message that still resonates. When it comes to policy, the Chinese Exclusion case is more modern than one might expect. In fact, we see the fingerprints of Chae Chan Ping in the Obama Administration’s current practice regarding the detention and processing of family migrants from Central America, and in …
Unappealing: An Assessment Of The Limits On Appeal Rights In Canada's New Refugee Determination System, Sean Rehaag, Angus Gavin Grant
Unappealing: An Assessment Of The Limits On Appeal Rights In Canada's New Refugee Determination System, Sean Rehaag, Angus Gavin Grant
Osgoode Legal Studies Research Paper Series
Canada’s refugee determination system was revised in 2012. One key feature of the new process is a quasi-judicial administrative appeal, on matters of both fact and law, at the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB). Under the new process, however, many claimants are denied access to the RAD.
This article assesses these limits on access to the RAD, drawing mostly on quantitative data obtained from the IRB and Citizenship and Immigration Canada through access to information requests. Our aim is to provide evidence-based analysis and recommendations for reform. Essentially, our conclusions are that the bars …
The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia
The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia
American University Law Review
No abstract provided.
Give And Take? Procedure, Practicalities, And Policy In Naturalization Appellate Jurisdiction, Kelsey Frobisher
Give And Take? Procedure, Practicalities, And Policy In Naturalization Appellate Jurisdiction, Kelsey Frobisher
Oklahoma Law Review
No abstract provided.
Chae Chan Ping At 125: An Introduction, Kit Johnson
Chae Chan Ping At 125: An Introduction, Kit Johnson
Oklahoma Law Review
No abstract provided.
The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)
The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)
Oklahoma Law Review
No abstract provided.
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Oklahoma Law Review
The plenary power doctrine, traditionally traced to the Supreme Court’s decision in Chae Chan Ping, has persisted despite a steady and vigorous stream of scholarly criticism. This essay undertakes to explain why. First, the Court’s strong deference to the political branches does not derive from the concept of sovereignty. Justice Field’s opinion for the Court invoked sovereignty not to trump rights claims but to solve a federalism problem — structural reasoning that locates the immigration control power squarely in the federal government, though not explicitly enumerated in the Constitution. The Chae Chan Ping Court’s deference to the political branches instead …
Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda
Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda
Oklahoma Law Review
With its plenary power doctrine, the Supreme Court erred by rejecting the universal in favor of the particular. Liberal immigration theorists, on the other hand, make the opposite error by rejecting the particular in favor of the universal. Drawing on classic international law publicists and the Catholic philosophical tradition, this essay argues that the two concepts—the state’s greater duty toward its own citizens (the particular) and equal dignity and worth of all human beings (the universal)—go hand in hand: complementing each other and giving the state a qualified right to limit immigration along with a qualified duty to admit vulnerable …
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Oklahoma Law Review
No abstract provided.
Immigration In The Supreme Court, 2009-13: A New Era Of Immigration Law Unexceptionalism, Kevin R. Johnson
Immigration In The Supreme Court, 2009-13: A New Era Of Immigration Law Unexceptionalism, Kevin R. Johnson
Oklahoma Law Review
No abstract provided.
Chae Chan Ping V. United States: Immigration As Property, Rose Cuison Villazor
Chae Chan Ping V. United States: Immigration As Property, Rose Cuison Villazor
Oklahoma Law Review
No abstract provided.
“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson
“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson
Oklahoma Law Review
No abstract provided.
Convergence: A Meeting Responds To Cries Of Desperation, David Bristol, Lee J. Teran, Gretchen Haynes
Convergence: A Meeting Responds To Cries Of Desperation, David Bristol, Lee J. Teran, Gretchen Haynes
Faculty Articles
No abstract provided.
Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath
Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath
St. Mary's Law Journal
Abstract Forthcoming.
Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless
Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless
Articles
In Padilla v. Kentucky, the U.S. Supreme Court held that defense attorneys have a Sixth Amendment duty to advise noncitizen clients of the "clear" immigration consequences of a proposed plea agreement. This Article argues that the Court's reference to clarity denotes predictability, not simplicity, and that defense attorneys must advise their clients of predictable immigration consequences, even if they are difficult to ascertain. The scope of this duty has broadened as the U.S. Supreme Court has made the crime-related deportation rules more determinate, although many rules remain complex. A legislative move to a regime of simple deportation rules would …
Bringing Operation Pedro Pan Back From Never Never Land: Is Ina 207(B) The President's Solution To The Humanitarian Crisis At The Border, Emily C. Callan
Bringing Operation Pedro Pan Back From Never Never Land: Is Ina 207(B) The President's Solution To The Humanitarian Crisis At The Border, Emily C. Callan
St. Thomas Law Review
The choice to bestow refugee designation on the growing unaccompanied minor children population would no doubt carry far-reaching and long-lasting consequences of its own. Because of these potential important and complex ramifications, a closer examination of the implications of the President utilizing his authority under Section 207(b) must be undertaken. To do so, Part I of this article provides a brief description of the origin of refugee law in general and Section 207(b) in particular. Part II explains the previous instances wherein past presidents exercised their authority to help foreign nationals seek refuge in the United States. Part III further …
Did Multicultural America Result From A Mistake? The 1965 Immigration Act And Evidence From Roll Call Votes, Douglas M. Spencer, Gabriel J. Chin
Did Multicultural America Result From A Mistake? The 1965 Immigration Act And Evidence From Roll Call Votes, Douglas M. Spencer, Gabriel J. Chin
Faculty Articles and Papers
No abstract provided.
Demanding Identity Papers, Jonathan T. Weinberg
Demanding Identity Papers, Jonathan T. Weinberg
Law Faculty Research Publications
No abstract provided.
Jobs Looking For People, People Looking For Their Rights: Seeking Relief For Exploited Immigrant Workers In North Dakota, Sabrina Balgamwalla
Jobs Looking For People, People Looking For Their Rights: Seeking Relief For Exploited Immigrant Workers In North Dakota, Sabrina Balgamwalla
Law Faculty Research Publications
No abstract provided.
The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
Faculty Scholarship
This Article describes the historical role of prosecutorial discretion in immigration law and connects this history to select executive actions announced by President Obama on November 20, 2014.
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Faculty Scholarship
For immigration scholars, Justice Field is perhaps best remembered for his majority opinion in Chae Chan Ping v. United States, the Supreme Court’s decision upholding Chinese exclusion, and credited for introducing the plenary power doctrine to immigration law. Yet, despite the opinion’s xenophobic rhetoric reflecting his personal views of the Chinese, Justice Field dissented in Fong Yue Ting v. United States, reasoning that, once they became lawful residents, the Chinese were entitled to be treated as equals under the law regardless of citizenship, a position supported by his earlier federal circuit court opinion in Ho Ah Kow v. …
Less Enforcement, More Compliance: Rethinking Unauthorized Migration, Emily Ryo
Less Enforcement, More Compliance: Rethinking Unauthorized Migration, Emily Ryo
Faculty Scholarship
A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this Article examines unauthorized immigrants and their relationship to the law from a novel perspective to make two major contributions. First, I demonstrate that unauthorized immigrants view themselves and their noncompliance with U.S. immigration law in a manner that is strikingly different from the prevalent view of criminality and lawlessness found in popular and …
A History Of The Law Clinics At St. Mary's University School Of Law., Sue Bentch
A History Of The Law Clinics At St. Mary's University School Of Law., Sue Bentch
St. Mary's Law Journal
Abstract Forthcoming.
"Following-To-Join" The Fifth And Ninth Circuits: Why The Supreme Court In Scialabba V. Cuellar De Osorio Erred In Interpreting The Child Status Protection Act, Justin Youngs
Loyola of Los Angeles Law Review
No abstract provided.
Feminism In Yellowface, Stewart Chang
Feminism In Yellowface, Stewart Chang
Scholarly Works
This article analyzes the relationship between sexualized stereotypes of Asian women, specifically the Asian prostitute epitomized in the Suzie Wong stereotype, and the tendency of American immigration law, even in pro-women legislation such as the TVPA, to promote conservative norms regarding female sexuality and domesticity. Part I explains the significance of Asian prostitution in the history and evolution of United States immigration policy. In the nineteenth century, the Asian prostitute was constructed as the antithesis to normative American sexuality, as a foreign peril that threatened the integrity of the American domestic unity and therefore required rejection and exclusion. Part II …
Assumed Sane, Fatma Marouf
Assumed Sane, Fatma Marouf
Scholarly Works
In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S- that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to recognize the …
The New Era Of Presidential Immigration Law, Michael Kagan
The New Era Of Presidential Immigration Law, Michael Kagan
Scholarly Works
At the dawn of the Obama Administration, Professors Adam Cox and Cristina Rodríguez wrote: “[T]he inauguration of a new President can bring with it remarkable changes in immigration policy.” At the time they wrote that, this proposition was in some ways more a matter of advocacy than a description of reality. As we approach the election of a new president in 2016, we finally live in the world that Professors Cox and Rodríguez advocated. The election of a new President will likely carry significant immediate consequences for immigration policy. My goal in this short space will be to focus on …