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Articles 4651 - 4680 of 5649
Full-Text Articles in Immigration Law
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Michigan Law Review
A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster
The Legality Of Denying State Foster Care To Illegal Alien Children: Are Abused And Abandoned Children The First Casualties In America's War On Immigration, Carolyn S, Salisbury
The Legality Of Denying State Foster Care To Illegal Alien Children: Are Abused And Abandoned Children The First Casualties In America's War On Immigration, Carolyn S, Salisbury
University of Miami Law Review
No abstract provided.
Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway, R. Alexander Neve
Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway, R. Alexander Neve
Osgoode Hall Law Journal
Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection. The article considers the impact of the Singh ruling …
Consumer Protection For Latinos: Overcoming Language Fraud And English-Only In The Marketplace , Steven W. Bender
Consumer Protection For Latinos: Overcoming Language Fraud And English-Only In The Marketplace , Steven W. Bender
American University Law Review
No abstract provided.
Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu
Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu
American University Law Review
No abstract provided.
The End Of Innocence Or Politics After The Fall Of The Essential Subject , Robert S. Chang
The End Of Innocence Or Politics After The Fall Of The Essential Subject , Robert S. Chang
American University Law Review
No abstract provided.
Changing America: Three Arguments About Asian Americans And The Law , Frank H. Wu
Changing America: Three Arguments About Asian Americans And The Law , Frank H. Wu
American University Law Review
No abstract provided.
Identity Notes Part One: Playing In The Light , Adrienne D. Davis
Identity Notes Part One: Playing In The Light , Adrienne D. Davis
American University Law Review
No abstract provided.
Consular Protection To Illegal Migratory Workers And Mexican Undocumented Minors: Two Sensitive Issues Addressed By The Thirteenth Annual Meeting Of The United States-Mexico Binational Commission, Jorge A. Vargas
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Hungary, Refugees. And The Law Of Return, Maryellen Fullerton
Hungary, Refugees. And The Law Of Return, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Plight Of France's Sans-Papiers Gives A Face To Struggle Over Immigration Reform, Christian E. O'Connell
Plight Of France's Sans-Papiers Gives A Face To Struggle Over Immigration Reform, Christian E. O'Connell
Human Rights Brief
No abstract provided.
California's Proposition 187 - Does It Mean What It Says - Does It Say What It Means - A Textual And Constitutional Analysis, Lolita Buckner Inniss
California's Proposition 187 - Does It Mean What It Says - Does It Say What It Means - A Textual And Constitutional Analysis, Lolita Buckner Inniss
Faculty Journal Articles and Book Chapters
No abstract provided.
The Equal Protection Clause-State Statutory Restrictions On The Education Of Illegal Alien Children-Proposition 187, Benjamin N. Bedrick
The Equal Protection Clause-State Statutory Restrictions On The Education Of Illegal Alien Children-Proposition 187, Benjamin N. Bedrick
Penn State International Law Review (1982 - 2011)
No abstract provided.
Changes To U.S. Law Threaten Refugees: An Illustration On Wcl Clinic Crisis, Sarah Paoletti
Changes To U.S. Law Threaten Refugees: An Illustration On Wcl Clinic Crisis, Sarah Paoletti
Human Rights Brief
No abstract provided.
Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson
Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson
Michigan Journal of Gender & Law
Part I of this article examines two cases. In one case, a United States immigration court allowed female circumcision as a defense to deportation. In another case, the Canadian Immigration and Refugee Board granted political asylum after recognizing female circumcision as a form of persecution. Part II assesses the extent of protections currently provided for potential victims of female circumcision under U.S. asylum law and analyzes the factors that a court should consider when making asylum determinations. Part III recommends that gender should be added to the enumerated grounds for persecution under U.S. asylum law. This section provides a hypothetical …
Xin-Chang Zhang V. Slattery: Rejecting China's Coercive Population-Control Policy As Grounds For Political Asylum In The United States, Kevin S. Barber
Xin-Chang Zhang V. Slattery: Rejecting China's Coercive Population-Control Policy As Grounds For Political Asylum In The United States, Kevin S. Barber
Villanova Law Review (1956 - )
No abstract provided.
Discretionary Adjudicatory Rulemaking: Due Process Of Lawmaking And Immigration Law, 11 Geo. Immigr. L.J. 83 (1996), Michael G. Heyman
Discretionary Adjudicatory Rulemaking: Due Process Of Lawmaking And Immigration Law, 11 Geo. Immigr. L.J. 83 (1996), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams
The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams
St. Mary's Law Journal
Periods of rapid industrial growth and environmental degradation in the United States-Mexico Borderlands have historically coincided with negative shifts in Mexico’s economy. The Mexican economic crisis of 1982 sparked burgeoning growth in the maquiladora industry, with plants in the Borderlands increasing at a rate of fifteen percent per year. Due to the Mexican economic crisis of the mid-1990s, renewed industrial expansion and environmental degradation is once again expected. The maquiladora program is frequently used to identify cooperative industrial efforts between the United States and Mexico. The term refers to an assembly process in which twin plants operate on opposite sides …
Private Enforcement Of Nafta Environmental Standards Through Transnational Mass Tort Litigation: The Role Of United States Courts In The Age Of Free Trade Symposium - The Environment And The United States-Mexico Border - Comment., Michael Sang H. Cho
St. Mary's Law Journal
Maquiladoras are manufacturing facilities along the United States-Mexico border operated by transnational corporations (TNCs). The arrival of the North American Free Trade Agreement (NAFTA) meant TNCs are free to move capital and operations across the United States-Mexico border at will. Yet, the maquiladora workers are not free to travel or seek employment across the border. The NAFTA debate in the United States raised public awareness of environmental problems in the border region. Nevertheless, maquiladora workers have lived with environmental degradation long before the NAFTA environmental debate began. With the passage of NAFTA, increased trade and the burgeoning industries along the …
Race Discourse And Proposition 187, John Sw Park
Race Discourse And Proposition 187, John Sw Park
Michigan Journal of Race and Law
Proposition 187 inspired a visceral public discourse. Proponents and opponents of the measure discussed several themes important to contemporary political theory, particularly themes related to sovereignty and civil rights. This Note shows how participants in that debate-including people of color-spoke of "rights" in a way that denied the possibility for undocumented aliens to have rights. When citizens spoke, they did so in a way that implicitly linked rights to citizenship; in other words, they assumed that without citizenship, persons were not entitled to rights or rights-based claims. Ironically, the debate about Proposition 187 pointed to the achievements of a "civil …
Obtaining Remedies For Ins Misconduct, Lee J. Teran
Obtaining Remedies For Ins Misconduct, Lee J. Teran
Faculty Articles
No abstract provided.
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol
UF Law Faculty Publications
This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote equality and …
Are We That Far Gone?: Due Process And Secret Deportation Proceedings, Michael A. Scaperlanda
Are We That Far Gone?: Due Process And Secret Deportation Proceedings, Michael A. Scaperlanda
Faculty Articles
No abstract provided.
"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit
"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit
Fordham Urban Law Journal
This note examines the extreme deference the Court gives to Congress in the realm of immigration legislation. The author argues that, in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court's analysis of stare decisis, precedent and the rule of law provides a strikingly effective paradigm through which to view the history of Supreme Court immigration rulings. Viewed through the Court's own analysis of its power to make and revise precedent decisions, the immigration plenary power doctrine's jurisprudential shortcomings become more evident and the arguments to overturn the doctrine become more powerful. This Note concludes that no principled constitutional …
Gatekeeping In Texas: The Practical Impact Of Full Implementation Of The Texas Rules Of Civil Evidence Regarding Experts., Suzanne B. Baker
Gatekeeping In Texas: The Practical Impact Of Full Implementation Of The Texas Rules Of Civil Evidence Regarding Experts., Suzanne B. Baker
St. Mary's Law Journal
Abstract Forthcoming.
Free Trade Agreements And The Federal Courts: Emerging Issues., Robert P. Deyling
Free Trade Agreements And The Federal Courts: Emerging Issues., Robert P. Deyling
St. Mary's Law Journal
The United States and Canada, and more recently Mexico, have tried to resolve certain types of international trade disputes through a unique process. Under the United States-Canada Free Trade Agreement (CFTA) and its successor, the North American Free Trade Agreement (NAFTA), disputing parties may choose binational panels to review disputes over antidumping and countervailing duty determinations. Binational panel review entirely replaces national judicial review for each case in which the parties choose the panel process. Panels are convened on a case-by-case basis from a list of trade experts submitted by disputing countries. Panels must follow relevant national trade law in …
Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson
Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson
St. Mary's Law Journal
The Supreme Court’s decision in Adarand will lead to the invalidation of many federal programs because the decision requires strict scrutiny for all affirmative action programs, including federal programs. The Court ignores both constitutional strictures and American history by resorting to Lochner era rulings of striking down federal socio-economic regulations. Overturning the clear precedent of Fullilove undermines stare decisis by valuing the language of the Court’s decision over its meaning. The Court in Adarand presumes that the Constitution is color-blind. This presumption ignores the history leading up to the Reconstruction Amendments, the purpose of the Reconstruction Amendments, and the intentions …
Nafta And The Environment: A Proposal For Free Trade In Hazardous Waste Between The United States And Mexico Symposium - The Environment And The United States-Mexico Border., David W. Eaton
St. Mary's Law Journal
Over the past decade, the transboundary movement of hazardous waste has become an important issue. Because of its geographic proximity to the United States and its desire to attract foreign investment, Mexico has become one of the United States-owned maquiladoras’ favorite dumping grounds. The recent North American Free Trade Agreement (NAFTA) may only exacerbate matters. Because the health and environmental risks associated with the inappropriate disposal of hazardous waste knows no boundaries, it is important NAFTA signatories jointly address waste issues. While NAFTA has had a positive impact on environmental protection in the United States and Mexico, the NAFTA debate …
Hopwood V. Texas: A Victory For Equality That Denies Reality - An Afterword Recent Development., Barbara Bader Aldave
Hopwood V. Texas: A Victory For Equality That Denies Reality - An Afterword Recent Development., Barbara Bader Aldave
St. Mary's Law Journal
Abstract Forthcoming.
The Anatomy Of Emtala: A Litigator's Guide., Alicia K. Dowdy, Gail N. Friend, Jennifer L. Rangel
The Anatomy Of Emtala: A Litigator's Guide., Alicia K. Dowdy, Gail N. Friend, Jennifer L. Rangel
St. Mary's Law Journal
The Emergency Medical Treatment and Active Labor Act (EMTALA) prohibits hospitals from inappropriately transferring or refusing medical care to persons with emergency medical conditions. EMTALA was passed in response to the practice of “dumping” seriously ill patients from private hospitals into public ones, to ensure all patients receive medical treatment in emergency situations. Plaintiffs have attempted to pursue EMTALA claims against non-hospital defendants, but courts have consistently disallowed such claims under the statute. By limiting the scope of its coverage to hospitals, EMTALA creates a situation unique from ordinary medical malpractice. Although hospitals may be held liable for negligent credentialing …