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Articles 2281 - 2310 of 5645
Full-Text Articles in Immigration Law
A Global Solution To A Global Refugee Crisis, James C. Hathaway
A Global Solution To A Global Refugee Crisis, James C. Hathaway
Articles
The author argues that the time is right to change the way that refugee law is implemented. Specifically, Hathaway advocates a shift towards a managed and collectivized approach to the implementation of refugee protection obligations. He contends that while the obligations under the Convention remain sound, the mechanisms for implementing those obligations are flawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. The author concludes with a five-point plan to revitalize the Refugee Convention.
Proceso Identitario: La Vinculación Entre La Autoadscripción De Jóvenes Chinos-Argentinos En Buenos Aires, Argentina Y Las Oportunidades Laborales, Experiencias Educativas Y La Conservación Del Idioma Chino, Cassiopeia Lee
Independent Study Project (ISP) Collection
The purpose of this research is to analyze the identity processes of Chinese/Taiwanese-Argentinean young people in Buenos Aires, Argentina and connect their self-identifications with experiences and decisions related to education, careers, and cultural preservation. The narrative of Chinese and Taiwanese immigrant experience in Argentina traditionally focuses on the role of these immigrants in the supermarket sector of the economy, emphasizing conflict between the immigrant community and Argentinean natives and the isolation of the Chinese community perpetuated by the role the children of these immigrants played as translators and workers especially during the years between the 1970s and the 1990s. This …
Productivity And Affinity In The Age Of Dignity, Stephen Lee
Productivity And Affinity In The Age Of Dignity, Stephen Lee
Michigan Law Review
This Review proceeds as follows. Part I summarizes The Age of Dignity. Part II explains how this segment of immigrant workers challenges the productivity/affinity binary that dominates immigration law’s formal migration rules. Part III shows how this binary sets up dual migration streams, both of which could account for future flows of care workers. As Part III shows, the example of the eldercare industry nicely illustrates how the employment based and family-based migration systems simply represent two different ways of filling labor needs. I then conclude.
Migrant Access To Healthcare: A Study Of Undocumented Migrant Access To Sexual Healthcare & Family Planning Services In Switzerland In 2016, Emily Egbert
Independent Study Project (ISP) Collection
The Swiss healthcare system has experienced a significant influx of vulnerable migrants over the past few years. This presents a challenge to providers and policy makers to account for and provide aid to these non-‐ Swiss citizens, such as undocumented migrants (UDM), whose status and circumstances may impede their access to healthcare. Along with this, various cultural barriers may present further challenges to access to the health system. This paper explores UDM access to health through the lens of sexual healthcare and family planning. In examining sexual health, the issues of sexually transmitted infections (STIs), HIV/AIDS, and sexual violence were …
Wmu Symposium On Migration By Sea : Background Paper, Raphaël Baumler, Aref Fakhry, Khanssa Lagdami, Josefin Madjidian, Francesco Munari, Lorenzo Schiano Di Pepe, Burak Şakir Şeker
Wmu Symposium On Migration By Sea : Background Paper, Raphaël Baumler, Aref Fakhry, Khanssa Lagdami, Josefin Madjidian, Francesco Munari, Lorenzo Schiano Di Pepe, Burak Şakir Şeker
Conference Papers
No abstract provided.
Law Day Fifth District Court Of Appeal Oral Arguments At Florida Agricultural And Mechanical University College Of Law, 2016, Honorable James A. Edwards, Honorable Richard B. Orfinger, Honorable Vincent G. Torpy Jr.
Law Day Fifth District Court Of Appeal Oral Arguments At Florida Agricultural And Mechanical University College Of Law, 2016, Honorable James A. Edwards, Honorable Richard B. Orfinger, Honorable Vincent G. Torpy Jr.
Law Day Presentations
As part of FAMU College of Law's Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving suppression of evidence, the exclusionary rule and other evidentiary questions, as well as the ineffective assistance of counsel in a case involving deportation issues. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.
The Impact Of Padilla V. Kentucky On The Immigration Courts: Does The Potential For Vacating A Criminal Plea Effect Removal/Deportation Proceedings?, Hon. Dorothy A. Harbeck, M. Michelle Park, Yoonji Kim, J.D.
The Impact Of Padilla V. Kentucky On The Immigration Courts: Does The Potential For Vacating A Criminal Plea Effect Removal/Deportation Proceedings?, Hon. Dorothy A. Harbeck, M. Michelle Park, Yoonji Kim, J.D.
Journal of International and Comparative Law
No abstract provided.
The Case Against So-Called Comprehensive Immigration Reform And For, Instead, Enforcing The Numerical Limits On Immigration Adopted By Congress, Jan C. Ting
Journal of International and Comparative Law
No abstract provided.
National Security And U.S. Immigration Policy, Edward Alden
National Security And U.S. Immigration Policy, Edward Alden
Journal of International and Comparative Law
No abstract provided.
The Fading Prospects For Comprehensive Immigration Reform, Muzaffar Chishti
The Fading Prospects For Comprehensive Immigration Reform, Muzaffar Chishti
Journal of International and Comparative Law
No abstract provided.
Towards Comprehensive Immigration Reform: A Consensus Within Emerging Trends, Mark R. Von Sternberg
Towards Comprehensive Immigration Reform: A Consensus Within Emerging Trends, Mark R. Von Sternberg
Journal of International and Comparative Law
No abstract provided.
A House Divided: The Human Rights Burden Of Britain's Family Migration Financial Requirements, Courtney L. Broussard
A House Divided: The Human Rights Burden Of Britain's Family Migration Financial Requirements, Courtney L. Broussard
Georgia Journal of International & Comparative Law
No abstract provided.
A Collision Of Practice And The Law In U.S. Schools And School Districts, Yvonne Pratt-Johnson
A Collision Of Practice And The Law In U.S. Schools And School Districts, Yvonne Pratt-Johnson
Journal of Civil Rights and Economic Development
No abstract provided.
Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman
Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman
Fordham Urban Law Journal
No abstract provided.
Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez
Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez
Fordham Urban Law Journal
No abstract provided.
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg
Fordham Urban Law Journal
No abstract provided.
Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm
Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm
Fordham Urban Law Journal
No abstract provided.
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
Fordham Urban Law Journal
No abstract provided.
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin
Fordham Urban Law Journal
No abstract provided.
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Fordham Urban Law Journal
The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …
Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman
Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman
Fordham Urban Law Journal
No abstract provided.
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
Fordham Urban Law Journal
No abstract provided.
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
Fordham Urban Law Journal
No abstract provided.
Immigration, Criminalization, And Disobedience, Allegra M. Mcleod
Immigration, Criminalization, And Disobedience, Allegra M. Mcleod
University of Miami Law Review
This Article explores two contending visions of immigration justice: one focused on expanding procedural rights for immigrants, and a second associated with a movement of immigrant youth who have come out as “undocumented and unafraid,” issuing a fundamental challenge to immigration restrictionism. As immigration enforcement in the United States increasingly relies on criminal prosecution and detention, advocates for reform have increasingly turned to constitutional criminal procedure, seeking greater procedural protections for immigrants. But this Article argues that this focus on enhanced procedural protections is woefully incomplete as a vision of immigration justice. Although a right to counsel, for example, may …
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
University of Miami Law Review
The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy …
Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen
Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen
Chicago-Kent Law Review
The conventional wisdom, backed by legitimacy research, is that majority of people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local participation in immigration law enforcement. In the five years following initiation of the Secure Communities program, through which the federal government requests that local law enforcement agencies hold immigrants beyond their scheduled release upon suspicion that they are removable, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests—ultimately leading to the demise of the Secure …
Obama's National Security Exceptionalism, Sudha Setty
Obama's National Security Exceptionalism, Sudha Setty
Chicago-Kent Law Review
The label of national security exceptionalism fits the Obama administration in two ways: first, although the administration has actively sought to address and improve the protection of human rights and civil rights of racial minorities suffering disparate negative treatment in a variety of contexts, those moves toward rights protection generally do not extend to the realm of counterterrorism abuses, although almost all of those who have suffered from violations of human and civil rights in the post-9/11 counterterrorism context are racial and/or religious minorities. One of the justifications for this exceptionalism is based on the widespread view that national security …
Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim
Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim
Chicago-Kent Law Review
The Obama administration’s deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Immigration, though, is not the only context in which the president has exercised policymaking authority. This essay examines parallel instances of executive lawmaking in the anti-discrimination area. Presidential policies relating to workplace discrimination, environmental justice, and affirmative action share some of the key features troubling critics of deferred action yet have been spared from serious constitutional challenge. These examples underscore the unique challenges to assessing the validity of actions targeting traditionally disenfranchised groups—be they noncitizens, …
The Executive Power Of Process In Immigration Law, Jill E. Family
The Executive Power Of Process In Immigration Law, Jill E. Family
Chicago-Kent Law Review
This article, part of an AALS symposium on executive power during the Obama administration, focuses on the role of procedure in the president’s implementation of immigration law. The president undeniably has power over immigration law, but the exact contours of that power are not clear. At times, the president acts via delegation from Congress. The president also may have inherent power over immigration law that is not dependent on a delegation. Such inherent power would be subject to the president’s discretion. Even when acting pursuant to delegated immigration power, the president operates within a wide ring of discretion granted by …
Trending @ Rwu Law: Deborah Gonzalez's Post: Bringing Good Fortune (And New Champions) Into The New Year!: 01-22-2016, Deborah Gonzalez
Trending @ Rwu Law: Deborah Gonzalez's Post: Bringing Good Fortune (And New Champions) Into The New Year!: 01-22-2016, Deborah Gonzalez
Law School Blogs
No abstract provided.