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Articles 4291 - 4320 of 5660
Full-Text Articles in Immigration Law
Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak
American University Law Review
No abstract provided.
Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper
Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper
Washington and Lee Law Review
No abstract provided.
Federal Immigration Law And Community Policing, Ibpp Editor
Federal Immigration Law And Community Policing, Ibpp Editor
International Bulletin of Political Psychology
This article explores consequences of state and local police enforcement of federal immigration law.
Palestinian Refugees And Their Legal Status: Rights, Politics, And Implications For A Just Solution, Susan M. Akram
Palestinian Refugees And Their Legal Status: Rights, Politics, And Implications For A Just Solution, Susan M. Akram
Faculty Scholarship
The Palestinian refugee problem is one of the longest-lasting refugee crises in the world——now exceeding fifty-three years——without a real solution in sight. Although at its core a political problem, the Palestinian refugee crisis is also a problem of legal distortion: Palestinian refugees fall into a legal lacuna that sets them outside minimal international protections available for all other refugee groups in the world. This paper provides background to the legal anomaly that sets Palestinian refugees apart; discusses the legal, practical, and political implications of that status; and proposes a framework and mechanisms aimed at promoting a rights-based solution for the …
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Why International Law Favors Emigration Over Immigration, Thomas Kleven
University of Miami Inter-American Law Review
No abstract provided.
Thoughts On Proposed Immigration Reforms, John Scanlan
Thoughts On Proposed Immigration Reforms, John Scanlan
Articles by Maurer Faculty
No abstract provided.
Latinos In Massachusetts: Legal Immigration To New England During The 1990s, Enrico A. Marcelli
Latinos In Massachusetts: Legal Immigration To New England During The 1990s, Enrico A. Marcelli
Gastón Institute Publications
This fact sheet summarizes information about legal immigration flows to the New England Region during the 1990s employing Immigration and Naturalization Service data. Although the annual number of legal permanent residents (e.g., green card holders) from Latin America and the Caribbean fell during the decade, as a percent of all legal immigrants who settled in New England their representation rose. Among all Latin American and Caribbean immigrants who settled in the region, more than half chose Massachusetts or Connecticut. And although most reported working in lower-skilled occupations, from 10 percent to 30 percent of immigrants from each c o u …
Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan
Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan
William & Mary Law Review
No abstract provided.
"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser
"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser
Washington International Law Journal
On August 26, 2001, Australia attracted worldwide media attention by refusing entry to over 430 Afghan and Iraqi asylum seekers who were rescued at sea by a Norwegian freighter. Australia's Parliament subsequently passed legislation to heighten already strict migration laws pertaining to boat migrants. Even though Australia is party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, recent developments in national asylum policies retreat from the legal obligations, as well as the spirit, of these international treaties. Australia, however, is not the only country acting to deter boat migrants; the United States, for example, …
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
Scholarly Articles
None available.
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Scholarly Articles
None available.
H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon
H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Nguyen V. Ins 533 U.S. 53 (2001), Brooke B. Grandle
Nguyen V. Ins 533 U.S. 53 (2001), Brooke B. Grandle
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Temporary Workers And Future Immigration Policy Conflicts: Protecting U.S. Workers And Satisfying The Demand For Global Human Capital, Enid Trucios-Haynes
Temporary Workers And Future Immigration Policy Conflicts: Protecting U.S. Workers And Satisfying The Demand For Global Human Capital, Enid Trucios-Haynes
Brandeis School of Law Faculty Scholarship
No abstract provided.
Offering A Helping Hand: Legal Protections For Battered Immigrant Women: A History Of Legislative Responses , Leslye E. Orloff, Janice V. Kaguyutan
Offering A Helping Hand: Legal Protections For Battered Immigrant Women: A History Of Legislative Responses , Leslye E. Orloff, Janice V. Kaguyutan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
In The Interest Of The Client: Why Reform Of Texas's Rules Regarding Referral Fees Is Necessary., Samuel V. Houston Iii
In The Interest Of The Client: Why Reform Of Texas's Rules Regarding Referral Fees Is Necessary., Samuel V. Houston Iii
St. Mary's Law Journal
Texas needs to reform its policy concerning referral fees. In Texas, an attorney is permitted to receive a fee for providing a referral to another attorney. In Brewer & Pritchard, P.C. v. Johnson, for example, the forwarding attorney received a referral fee for $3 million dollars. Proponents of referral fees argue that clients are better represented because referring attorneys have a greater economic incentive to seek out more capable attorneys. On the other hand, referring attorneys may also have the incentive to seek out attorneys who pay higher referral fees rather than those most qualified. In the end, the referred …
Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman
Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna
St. Mary's Law Journal
This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …
Browning Oil Co. V. Luecke: Has Texas Illuminated A Dark Distinction Between Vertical And Horizontal Drilling., Stephen Taylor Dennis
Browning Oil Co. V. Luecke: Has Texas Illuminated A Dark Distinction Between Vertical And Horizontal Drilling., Stephen Taylor Dennis
St. Mary's Law Journal
Horizontal drilling technology continues to revitalize the oil and gas industry, however, many of the legal concepts governing oil and gas law have failed to keep pace. Recently, in Browning Oil Co. v. Luecke, the Third Court of Appeals of Texas dealt with the issue of whether an antidilution clause applied to both horizontal and vertical wells. The agreement between the parties did not contemplate the use of horizontal technology, however, the express language did not exclude horizontal technology. Because the agreement did not expressly exclude horizontal drilling, the court looked at the intent of the parties and ruled that …
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Michigan Journal of International Law
This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …
Using Immigration Law To Protect Human Rights: A Critique Of Recent Legislative Proposals, William J. Aceves, Paul L. Hoffman
Using Immigration Law To Protect Human Rights: A Critique Of Recent Legislative Proposals, William J. Aceves, Paul L. Hoffman
Michigan Journal of International Law
This Article critiques several legislative proposals that sought to impose immigration restrictions on serious human rights abusers. Part I provides a brief overview of the international restrictions on immigration relief. In particular, it focuses on those restrictions that limit immigration relief available to individuals who have committed serious human rights abuses. Part II then reviews the Immigration and Nationality Act (INA) and its restrictions on immigration relief. It also examines the federal agencies charged with investigating cases of serious human rights abusers in the United States. Part III describes recent legislative proposals that have sought to deny immigration relief to …
Making Sense Of Pretext: An Analysis Of Evidentiary Requirements For Summary Judgment Litigants In The Fifth Circuit In Light Of Reeves V. Sanderson Plumbing Prodcuts, And A Proposal For Clarification., Eric S. Riester
St. Mary's Law Journal
Although the United States Supreme Court in Reeves v. Sanderson Plumbing Products, Inc. attempted to clarify the summary judgment landscape of Title VII employment discrimination cases, lower courts in the Fifth Circuit are still without guidance. Under Reeves, direct proof of discrimination is not required to defeat a motion for summary judgment as long as the circumstantial evidence allows a reasonable inference of discrimination. The required strength of the circumstantial evidence, however, remains a major issue in the Fifth Circuit. Since Reeves, the Fifth Circuit has not stated a uniform summary judgment standard, nor has it answered how much circumstantial …
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Michigan Journal of International Law
The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …
Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss
Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss
Publications
No abstract provided.
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.
Refugee Law Is Not Immigration Law, James C. Hathaway
Refugee Law Is Not Immigration Law, James C. Hathaway
Articles
The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.
The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero
The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero
Faculty Scholarship
This article seeks to explore the possibility that a selective deportation of a same-gender partner who has overstayed her visa constitutes an outrageous case under the AADC test. Its modest goal is to discourage the INS from ever pursuing such a strategy, knowing that there are probably many who believe that same-gender overstays, even if civilly united in Vermont, are not the ideal candidates for "suspect class" status under U.S. constitutional law. That notwithstanding, common sense and sound doctrine suggest that, despite the many anti-gay and anti-immigrant decisions handed down over the last twenty years, the Court will not hesitate …
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Faculty Scholarship
Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.
The Decision In United States V. Brown: The Fifth Circuit Interprets Justice Is Blind Literally., Robert M. Anselmo
The Decision In United States V. Brown: The Fifth Circuit Interprets Justice Is Blind Literally., Robert M. Anselmo
St. Mary's Law Journal
In United States v. Brown, the Fifth Circuit affirmed the district courts use of anonymous jury orders. The use of anonymous juries, however, is either a necessary protection for jury members or an unfair procedural practice. The Fifth Circuit’s support for anonymous juries included concerns over threats, intimidation, and possible attempts to influence juror members in order to secure a favorable verdict. The promise of a jury of one's peers is a cornerstone of the United States judicial system. Implicit in this guarantee is the assurance of an impartial jury. Nonetheless, a jury that sits in fear may not fulfill …
Virtually A Minor: Resolving The Potential Loophole In The Texas Child Pornography Statute., Bill W. Sanford
Virtually A Minor: Resolving The Potential Loophole In The Texas Child Pornography Statute., Bill W. Sanford
St. Mary's Law Journal
Abstract Forthcoming.