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Articles 2971 - 3000 of 5646
Full-Text Articles in Immigration Law
Federal Constraints On States’ Ability To License An Undocumented Immigrant To Practice Law , Adam Wright
Federal Constraints On States’ Ability To License An Undocumented Immigrant To Practice Law , Adam Wright
Michigan Journal of Race and Law
No court has decided whether an undocumented immigrant can be admitted to a state bar in a manner consistent with federal law. At the time of this writing, the issue is pending before the California Supreme Court. Federal law prohibits states from providing public benefits to undocumented immigrants. In its definition of a “public benefit,” 8 U.S.C. § 1621 includes any professional license “provided by an agency of a State . . . or by appropriated funds of a State . . . .” The law’s prohibitions, however, are not unqualified. The statute’s “savings clause” allows states to provide public …
Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond
Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond
Michigan Journal of International Law
The focus of this contribution is Article 1(F)(a), a section of the exclusion clause that has increased in both use and profile in recent years. Article 1(F)(a) applies to individuals who may be implicated in crimes against peace (more commonly known today as crimes of aggression), war crimes, or crimes against humanity as such crimes are defined in relevant international instruments. Where a decision maker finds that “there are serious reasons for considering that” an asylum seeker has committed one of these acts, the remainder of the Refugee Convention does not apply, and any protections to which the claimant would …
Bordering On Discrimination: Effects Of Immigration Policies/Legislation On Indigenous Peoples In The United States And Mexico, Sara Daly
American Indian Law Review
No abstract provided.
Collaborative Regulation: Cooperation Between State And Federal Governments Is Key To Successful Immigration Reform, Brett Merritt
Collaborative Regulation: Cooperation Between State And Federal Governments Is Key To Successful Immigration Reform, Brett Merritt
Oklahoma Law Review
No abstract provided.
Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King
Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King
UF Law Faculty Publications
The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and regional human rights standards governing the treatment of immigrants, children, and civil counsel and to show how the development of human rights standards in these three areas underscores the importance of and the need for counsel for unaccompanied minors. Part I illustrates why unaccompanied minors in the United States need legal representation by focusing …
Recruiting "Super Talent:" The New World Of Selective Migration Regimes, Ayelet Shachar, Ran Hirschl
Recruiting "Super Talent:" The New World Of Selective Migration Regimes, Ayelet Shachar, Ran Hirschl
Indiana Journal of Global Legal Studies
The desire to be great, to make a lasting mark, is as old as civilization itself. Today, it is no longer measured exclusively by the size of a polity's armed forces, the height of its pyramids, the luxury of its palaces, or even the wealth of its natural resources. Governments in high-income countries and emerging economies alike have come to subscribe to the view that in order to secure a position in the pantheon of excellence, it is the ability to draw human capital, to become an "IQ magnet," that counts. Across the globe, countries are vying to outbid one …
In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin
In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin
Indiana Journal of Global Legal Studies
To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …
You Can’T Go Home Again: Analyzing An Asylum Applicant’S Voluntary Return Trip To His Country Of Origin, Brett C. Rowan
You Can’T Go Home Again: Analyzing An Asylum Applicant’S Voluntary Return Trip To His Country Of Origin, Brett C. Rowan
Catholic University Law Review
No abstract provided.
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Faculty Scholarship
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …
“I Took Up The Case Of The Stranger”: Arguments From Faith, History And Law, David H. Michels, David Blaikie
“I Took Up The Case Of The Stranger”: Arguments From Faith, History And Law, David H. Michels, David Blaikie
Articles, Book Chapters, & Popular Press
It may seem surprising that faith groups would offer sanctuary to refused refugees, or material support to undocumented migrants. These acts of resistance and compassion require normally law-abiding moral people to make a conscious choice to defy government and perhaps, if necessary, even break the law. The success of sanctuary movements (defined broadly here) relies on broad public support both to attract willing collaborators, and to forestall government intervention. Previous studies have examined the discourse around sanctuary practice, and the ensuing public debates. This chapter adds to this body of work by offering an empirical study of how individuals and …
Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero
Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero
Faculty Scholarship
Following the demise of the federal Defense of Marriage Act in United States v. Windsor, the Obama Administration directed a bold, equality-based reading of Windsor to immigration law, treating bi-national same-sex couples the same as opposite-sex couples. This Essay argues that the President's interpretation is both constitutionally and politically sound: Constitutionally, because it comports with the Executive's power to enforce immigration law and to guarantee equal protection under the law; and politically, because it reflects the current, increasingly tolerant view of marriage equality. Though still in its infancy, President Obama's policy of treating same-sex beneficiary petitions generally the same as …
My Great Foia Adventure And Discoveries Of Deferred Action Cases At Ice, Shoba S. Wadhia
My Great Foia Adventure And Discoveries Of Deferred Action Cases At Ice, Shoba S. Wadhia
Faculty Scholarship
This Article describes my adventures in FOIA litigation and analyzes deferred action data collected informally by 24 ICE field offices between October 1, 2011, and June 30, 2012. This Article also offers recommendations for the agency on data collection, recordkeeping, and transparency in deferred action cases. Deferred action is a form of prosecutorial discretion that can be granted at any stage of the immigration enforcement process and historically has been applied both to people who meet group characteristics and on an individual basis in compelling humanitarian circumstances. The theory behind deferred action and prosecutorial discretion more generally is to enable …
The Immigration Prosecutor And The Judge: Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia
The Immigration Prosecutor And The Judge: Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia
Faculty Scholarship
Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. Absent from this scholarship is a serious examination of the judiciary’s role in immigration decisions involving prosecutorial discretion. I attribute this absence to both a silent concession that prosecutorial discretion decisions are automatically barred from judicial review because of the plain language of the Immigration and Nationality Act (INA); the judicial review “exceptions” in the Administrative Procedures Act (APA), and the cases that analyze these …
Our Illegal Founders, Victor C. Romero
Our Illegal Founders, Victor C. Romero
Faculty Scholarship
This Essay briefly mines America’s history to argue that the law setting forth where our national borders are and how strictly we patrol them has always been subject to the vagaries of politics, economics, and perception. Illegal (im)migration has long been part of our migration history, engaged in not just by Latin American border crossers, but also by prominent colonists, giving the lie to the claim that upholding border laws should always be sacrosanct. In many school districts today, the usual summary of American history from our childhood civics classes no longer bypasses the uncomfortable truths of conquest and westward …
“You Will See My Family Became So American”: Immigration, Racial Visibility, And Specular Citizenship, Sherally Munshi
“You Will See My Family Became So American”: Immigration, Racial Visibility, And Specular Citizenship, Sherally Munshi
Studio for Law and Culture
This paper explores the vexed relationship between legal form and personhood that arises in the context of Indian immigration and naturalization in the early twentieth century. In 1932, Dinshah P. Ghadiali received notice that the government was seeking to cancel his citizenship on grounds of “racial ineligibility.” In his self-published writing about the trial, Ghadiali wondered whether he been singled out for persecution by professional rivals. In fact, he had been caught in a larger campaign to denaturalize citizens of Indian origin after the Supreme Court, in United States v. Bhagat Singh Thind (1923), determined that “Hindus” were racially ineligible …
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
Faculty Articles
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 …
We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia
We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia
Articles & Book Chapters
This article examines issues of transnational migration in the settler-colonial context of Canada. First, I review some of the recent debates about foregrounding Indigeneity and decolonization in anti-racist thought and work, especially in relation to critical and anti-racist approaches to migration. The article then moves from this debate to the question of ‘our right to be here’, the relationship of this right to the treaties, and how migrant rights and treaty relations perspectives might interact in a context that must be informed by Indigenous laws and legal traditions.
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Z. Huq
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Z. Huq
Faculty Scholarship
In April 2010, the Arizona legislature enacted the Support Our Law Enforcement and Safe Neighborhoods Act. Commonly known as SB 1070, the law created a slate of new criminal offenses and arrest powers covering aliens within Arizona's borders. SB 1070 proved divisive. It inspired copycat legislation in several states, provoked sharp criticism from the legal academy, and – most relevant here – catalyzed a lawsuit by the U.S. Department of Justice seeking a preliminary injunction against the state law on the ground that it was preempted by federal law. Initially, the federal government's litigation prospects seemed dim. One term before …
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Faculty Scholarship
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anti-commandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …
The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso
The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso
St. Mary's Law Journal
Throughout American history a continuous call for businesses to wield their power and influence in such a way as to not only create economic value for shareholders, but also to create value in an ethical manner that benefits society as a whole has existed. Currently, many businesses respond to this call by integrating social responsibility into their operations. A recent innovation on this front is the development of the “benefit corporation” by the non-profit organization “B Lab.” The benefit corporation is essentially a hybrid entity. It is designed to have characteristics of both non-profit and for-profit entities. The entity also …
To A Friend: The Honorable Will Garwood., Emilio M. Garza
To A Friend: The Honorable Will Garwood., Emilio M. Garza
St. Mary's Law Journal
William Lockhart Garwood died on July 14, 2011. In his thirty years on the court, Will would author numerous notable decisions, but his reputation would be solidified by two extraordinary cases: United States v. Lopez, in which, for the first time in recent judicial history, a court of appeals held that a congressional act was invalid as beyond the power of Congress under the Commerce Clause; and United States v. Emerson, in which, a court of appeals first articulated the Second Amendment protects individual Americans’ right to keep and bear arms. Neither case was without controversy. Not surprisingly, the Supreme …
Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Opportunities, Diane C. Geraghty
Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Opportunities, Diane C. Geraghty
Faculty Publications & Other Works
No abstract provided.
The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board., Christopher S. Kulander
The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board., Christopher S. Kulander
St. Mary's Law Journal
Abstract Forthcoming.
Deceiving Law Students: Employment Statistics And Tort Liability., Angie Roberts-Huckaby
Deceiving Law Students: Employment Statistics And Tort Liability., Angie Roberts-Huckaby
St. Mary's Law Journal
Abstract Forthcoming.
To A Professor: Douglas Haddock Retires., Charles Epps Ipock
To A Professor: Douglas Haddock Retires., Charles Epps Ipock
St. Mary's Law Journal
Abstract Forthcoming.
New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday
New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday
St. Mary's Law Journal
Oil and gas exploration and production is not only a big business, it is also an expensive one. As with any business, when faced with competing alternatives, operators generally prefer to pursue exploration in areas with more stable and predictable legal environments. Efforts have previously been made to make Texas such an environment, but as technology advances, legal rules often become unclear in their application. The explosion in horizontal drilling activity is challenging the courts and the Texas Railroad Commission to apply and adapt traditional legal and regulatory concepts to horizontal wells. The growing dominance of horizontal well development is …
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
St. Mary's Law Journal
The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …
Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers
Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers
St. Mary's Law Journal
State legislation criminalizing sexting—the possession or electronic transmission of visual material capturing a minor engaged in sexual conduct—should not punish minors similarly to adults. The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act) in conjunction with the Sex Offender Registration & Notification Act (SORNA), require that any individual, including a minor, convicted of child pornography register as a sex offender. As a result, states with legislation that categorize sexting as child pornography, will require a minor with a sexting conviction to register as a sex offender. This disportionate punishment on the minor will make it difficult for …
Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp
Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp
St. Mary's Law Journal
Abstract Forthcoming.
The Co-Author Prenup., David A. Schlueter
The Co-Author Prenup., David A. Schlueter
St. Mary's Law Journal
Producing a book or article with co-authors is not an easy task. There are six potential issues one might consider before deciding to co-author a book or article. First, do you really want to be a co-author? Second, how many co-authors are going to be involved in the project? Having more than one co-author can make the departure of a co-author less of an issue, but each co-author needs to have a clearly defined role. Third, what role will each member of the team perform and what are those roles? Fourth, what should the co-author “marriage” look like? Multiple scenarios …