Immigration Law Commons^™

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs

St. Mary's Law Journal

Plaintiffs and defendants in tort litigation by or against a probate estate can be better-litigated in statutory probate court. Since the 1970s, Texas probate courts have steadily risen to power. The Texas Supreme Court attempted to curtail this practice in Seay v. Hall. The Texas legislature overruled Seay and continued to expanded the jurisdiction of statutory probate courts. Despite the continuing “merry dance” between the legislation and judicial review, the legitimate purpose of expanding lawsuits to probate court remains that of efficiently resolving lawsuits linked to guardianship or decedents’ estates while preserving all parties’ interests. The author uses an example …

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk

St. Mary's Law Journal

Abstract Forthcoming.

Yadegar-Sargis V. Ins – Unveiling The Discriminatory World Of U.S. Asylum Laws: The Necessity To Recognize A Gender Category, Tanya Domenica Bosi

NYLS Law Review

No abstract provided.

Arthur C. Helton 1949-2003, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

Through his advocacy, teaching and scholarship, Arthur Helton enabled some of the most vulnerable people on earth, as well as those who work to advance their rights, to ensure that governments strive to live up to their legal and moral obligations to protect and assist the displaced.

Review Of Rethinking Refugee Law, By N. Nathwani. , James C. Hathaway

Reviews

It is a wonderful thing when a work of scholarship is published just as policymakers are struggling with the issues that it seeks to address.

The Deferred Action Program Of The Bureau Of Citizenship And Immigration Services: A Possible Remedy For Impossible Immigration Cases

San Diego Law Review

This beneficent operations instruction permitted two alternative interpretations, each of which was taken up by the federal courts. In the case of Nicholas v. INS, the petitioner asked the Ninth Circuit Court of Appeals to overrule the district director’s decision to deny his nonpriority status application. The court determined that the operations instruction confers a “substantive benefit upon the alien, rather than setting up an administrative convenience,”and thus is essentially a legislative rule requiring a strict standard of application, and not one allowing the INS a significant amount of discretion. The Fifth Circuit held in Soon Bok Yoon v. INS …

Are Limitations Necessary On Paternity?, Karine Polis

Public Interest Law Reporter

No abstract provided.

Bush Proposes Guest Worker Program, John Anderson

Public Interest Law Reporter

No abstract provided.

Race, Immigration, And The Department Of Homeland Security, Victor C. Romero

Faculty Scholarship

Despite the wisdom of separating the service and enforcement functions of our immigration bureau, the new tripartite system under the auspices of the Department of Homeland Security risks fueling the "immigrant Arab as terrorist" stereotype, rather than helping to re-establish the reality that noncitizen terrorists, like U.S. citizen ones, are a rare species.

Cuban Exceptionalism : Migration And Asylum In Spain And The United States, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson

St. Mary's Law Journal

The Attorney General of Texas is the only elected official charged with regulating the state’s charitable interest. This duty and authority over charitable assets and entities are comprehensive and unique in themselves. Although the broader state representation role of American attorneys general has evolved considerably and been substantively codified in the statutory law, the area of charity regulations has remained remarkably true to its common law root. This Article will briefly examine the early roots of charity regulation and then discuss the authority and duties of the Attorney General of Texas in the modern context of charity regulation. In Texas, …

New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood

St. Mary's Law Journal

Abstract Forthcoming.

An Offer Of Firm Resettlement, Robert D. Sloane

Faculty Scholarship

The Attorney General lacks discretion to grant asylum to any refugee "if, prior to arrival in the United States, he or she entered into another nation with, or while in that nation received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement." This rule, the doctrine of firm resettlement, is unique among the mandatory bars to asylum in the United States. It does not reflect a societal judgment about the moral fitness of an asylum applicant's character-as, for example, does the bar that prohibits granting asylum to persons with a history of violent criminal behavior. …

A Continuing Whimsical Search For The True Meaning Of The Term Products Liability Litigation., Charles E. Cantu

St. Mary's Law Journal

Abstract Forthcoming.

A Rose Is A Rose Is A Rose - Or Is It - Fiduciary And Dtpa Claims Against Attorneys Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., James M. Parker Jr., Thomas H. Watkins, Rachel L. Noffke

St. Mary's Law Journal

Abstract Forthcoming.

Texas's Statutory Exclusionary Rule: Analyzing The Inadequacies Of The Current Application Of Other Person(S) Pursuant To Article 38.23(A) Of The Texas Code Of Criminal Procedure., Nathan L. Mechler

St. Mary's Law Journal

Abstract Forthcoming.

Alternative Sanctions And The Federal Tax Law: Symbols, Shaming, And Social Norm Management As A Substitute For Effective Tax Policy, Michael S. Kirsch

Journal Articles

On several occasions in the past decade, when confronted with taxpayers taking advantage of the Internal Revenue Code in ways that Congress considered objectionable, Congress responded in an unusual way. Rather than merely modifying the Internal Revenue Code to alter the tax consequences of the taxpayer's actions, or imposing traditional civil or criminal penalties on the taxpayer, Congress turned to alternative sanctions. For example, in response to United States citizens who renounce citizenship to avoid taxes, Congress enacted public shaming provisions that require publication of the individuals' names in the Federal Register and modified the federal immigration laws to banish …

The September 11 Immigration Detentions And Unconstitutional Executive Legislation, Raquel Aldana

McGeorge School of Law Scholarly Articles

No abstract provided.

Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Child Status Protection Act: Does Immigration Math Solve The Family Unity Equation, Shane Dizon

Articles & Chapters

No abstract provided.

The Trend Toward The Criminalization And Detention Of Asylum Seekers, Sharon A. Healey

Human Rights Brief

No abstract provided.

Changes In Immigration Law And Practice After September 11: A Practitioner's Perspective, Asli U. Bali

Cardozo Public Law, Policy & Ethics Journal

The article examines the significant changes in U.S. immigration law and practice following the September 11 attacks, highlighting how these changes have eroded civil liberties, particularly for Arab and Muslim communities. It argues that the misuse of immigration laws as a tool for anti-terrorism has led to a shift towards a security-state apparatus, undermining constitutional protections and setting a dangerous precedent for future infringements on civil liberties.

Limiting Rights In Times Of Crisis: Our Civil War Experience-A History Lesson For A Post-9-11 America, Paul Finkelman

Cardozo Public Law, Policy & Ethics Journal

The article examines the tension between national security and civil liberties during crises, using historical examples such as the Civil War and post-9/11 America to argue that while some restrictions on liberties may be necessary, they must be carefully limited to prevent abuse of power and erosion of constitutional rights. The analysis emphasizes the importance of judicial and legislative oversight to ensure that emergency measures do not undermine fundamental freedoms.

National Security Entry Exit Registration System (Nseers), Kareem Shora

Cardozo Public Law, Policy & Ethics Journal

The article argues that the National Security Entry-Exit Registration System (NSEERS) disproportionately targets Arab and Muslim individuals, violating their civil rights under the pretext of national security. It contends that the program exceeds the authority granted by Congress and is implemented in a discriminatory manner, leading to significant detentions and deportations without substantial security benefits.

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury

American University Law Review

No abstract provided.

Salvadorans, Guatemalans, Hondurans, And Colombians: A Scan Of Needs Of Recent Latin American Immigrants To The Boston Area, Miren Uriarte, Phillip Granberry, Megan Halloran, Susan Kelly, Rob Kramer, Sandra Winkler, Jennifer Murillo, Udaya Wagle, Randall Wilson

Gastón Institute Publications

The 2000 U.S. Census brought confirmation of the increase of the Latino population and of the growing diversity of Latino national groups that now make this region their home. Latinos now number 428,729, a 55% increase over their numbers in 1990. In 30 years, the Latino population has increased six-fold, and from its initial concentrations in Springfield, Holyoke, and Boston its presence is now a fact across the Commonwealth.

Massachusetts Latinos are also showing increasing diversity, matching that of the Northeast region and exceeding that of the nation. At the national level, Mexicans have a dominance that dwarfs all other …

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …

In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith

ExpressO

No abstract provided.

Used, Abused, Arrested And Deported: The Case For Extending Immigration Benefits To Protect Victims Of Trafficking And Secure Prosecution Of Traffickers, Dina F. Haynes

ExpressO

Trafficking is a hot issue, and as such, there have been a number of articles written on the issue. My article, however, is unique in many respects.

I address this article from my perspective of working directly with the governments of Bosnia, Croatia, Serbia and Montenegro to combat escalating trafficking in their countries over the course of four years in the Balkans.

This is the first article that pinpoints errors that governments continue to make in preparing legislation and anti-trafficking programs,

The first to enumerate proposals for enhancing victim protection measures,

The first to identify how enhancing victim protection will …