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Articles 3001 - 3030 of 5646

Full-Text Articles in Immigration Law

The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen Jan 2013

The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen

St. Mary's Law Journal

Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …


Defining Persecution, Scott Rempell Jan 2013

Defining Persecution, Scott Rempell

Utah Law Review

Persecution is the core concept of asylum and refugee protection. Although thousands (if not tens of thousands) of decisions hinge on its meaning, a consistent definition is yet to emerge. Unmoored to any unified understanding of the term, immigration agencies and federal courts of appeals continue to articulate many different conceptions of persecution - conceptions that lack internal consistency and a coherent analytical foundation. Moreover, legal scholars have not attempted to aid adjudicators’ understanding of persecution because, by and large, scholars do not believe that a unified definition is possible. Meanwhile, the divergent definitions and understandings of persecution continue to …


Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan Jan 2013

Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan

Publications

No abstract provided.


County Care: A Step Forward For Adequate Health Insurance For Undocumented Immigrants?, Alisha Howell Jan 2013

County Care: A Step Forward For Adequate Health Insurance For Undocumented Immigrants?, Alisha Howell

Public Interest Law Reporter

No abstract provided.


License To Thrive, Andrea Bland Jan 2013

License To Thrive, Andrea Bland

Public Interest Law Reporter

No abstract provided.


While You Were Eating: The Unspoken Human Cost Of Putting Food On Our Tables, Darci Jenkins, Miguel Keberlein Gutierrez Jan 2013

While You Were Eating: The Unspoken Human Cost Of Putting Food On Our Tables, Darci Jenkins, Miguel Keberlein Gutierrez

Public Interest Law Reporter

No abstract provided.


A Proposed Overhaul Of The State Department's Summer Work Travel Program To Prevent Labor Violations And Human Trafficking, Margaret O'Donoghue Jan 2013

A Proposed Overhaul Of The State Department's Summer Work Travel Program To Prevent Labor Violations And Human Trafficking, Margaret O'Donoghue

Public Interest Law Reporter

No abstract provided.


Keeping Families Together? The Façade Of The I-601a Provisional Unlawful Presence Waiver, Natalie Tepeli Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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.


Enforcing Masculinities At The Borders, Jamie R. Abrams Jan 2013

Enforcing Masculinities At The Borders, Jamie R. Abrams

Nevada Law Journal

No abstract provided.


Sharing The Risks And Rewards Of Economic Migration, Anu Bradford Jan 2013

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 …


The Point Of A Points System: Attracting Highly Skilled Immigrants The United States Needs And Ensuring Their Success, Carla Tabag Jan 2013

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 …


Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser Jan 2013

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 Jan 2013

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 Jan 2013

Supra Synopses, Ryan W. Dumm, Laura Turczanski

Seattle University Law Review Online

No abstract provided.


Getting Paid In Probate Court., Robert J. Augsburger Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 …


Biometric Id Cybersurveillance, Margaret Hu Jan 2013

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 Jan 2013

Plenary Power Preemption, Kerry Abrams

Faculty Scholarship

No abstract provided.