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Articles 5161 - 5190 of 5645
Full-Text Articles in Immigration Law
Remedies For Undocumented Workers Following A Retaliatory Discharge, Joseph Nalven
Remedies For Undocumented Workers Following A Retaliatory Discharge, Joseph Nalven
San Diego Law Review
This Comment addresses the availability of remedies for undocumented workers for retaliatory discharge in light of the Supreme Court's decision in Sure-Tan, Inc. v. NLRB. The author suggests that, while courts traditionally hold that undocumented workers are "employees" under the National Labor Relations Act and are protected against retaliatory constructive discharges by employers, there is ambiguity as to the remedies available to undocumented workers who have been subject to such discharges. The author argues that, in Sure-Tan, the Court held that the affected workers could not receive back pay or reinstatement remedies until they were legally present in the United …
The Well-Founded Fear Of Persecution Standard In Asylum Proceedings: The Promise Of Solace For Refugees After Ins V. Cardoza-Fonseca, Michael E. Yates
The Well-Founded Fear Of Persecution Standard In Asylum Proceedings: The Promise Of Solace For Refugees After Ins V. Cardoza-Fonseca, Michael E. Yates
Loyola University Chicago Law Journal
No abstract provided.
Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry
Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry
UIC Law Review
No abstract provided.
United States Immigration Reform And Control Act Of 1986: A Critical Perspective, Pamela D. Nichols
United States Immigration Reform And Control Act Of 1986: A Critical Perspective, Pamela D. Nichols
Northwestern Journal of International Law & Business
The United States Immigration Reform and Control Act of 1986 ("Act") signalled the beginning of a new era for United States immigration law.1 The first major revision of the nation's immigration policy in twenty-one years, the Act has had, and will continue to have, a profound impact both within the United States and abroad. The Act caused an extraordinary surge of apprehension and confusion in foreign communities and domestic workplaces, and has already produced dramatic effects throughout the world barely a year after its passage.
Aliens And The Burger Court, Bruno Joseph Bembi
Aliens And The Burger Court, Bruno Joseph Bembi
NYLS Journal of Human Rights
No abstract provided.
Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman
Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.
Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan
St. Mary's Law Journal
Abstract Forthcoming.
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Faculty Scholarship
The Immigration Reform and Control Act of 1986 (IRCA), Congress' attempt to clean up the problem of illegal immigration in the United States, puts a great number of undocumented alien families, mostly Mexican, to a hard test. Under IRCA's amnesty provisions, every alien must individually meet the eligibility requirements, such as having lived in the United States since before January 1, 1982. But many aliens who satisfy these requirements have spouses or children who do not. Thus, while eligible aliens may adjust to a legal immigration status, their ineligible family members must either leave the United States or remain illegally, …
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
St. Mary's Law Journal
Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …
Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley
St. Mary's Law Journal
Abstract Forthcoming.
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
St. Mary's Law Journal
Abstract Forthcoming.
Re-Evaluating Alien Exclusion In Light Of Aids, Kerry E. Voss
Re-Evaluating Alien Exclusion In Light Of Aids, Kerry E. Voss
Penn State International Law Review (1982 - 2011)
The Immigration and Naturalization Service has adopted an AIDS testing program to screen individuals requesting permanent status in the United States. The comment discusses this complex disease and the accompanying legal ramifications on immigration law, given the traditional bases for exclusion of aliens.
Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson
St. Mary's Law Journal
Abstract Forthcoming.
Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.
Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.
St. Mary's Law Journal
Abstract Forthcoming.
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
St. Mary's Law Journal
The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …
Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam
St. Mary's Law Journal
Abstract Forthcoming.
In Suit By Contract Creditor, Corporate Entity May Be Disregarded Upon Showing Of Constructive Fraud When Entity Used As Sham To Perpetrate Fraud., Paul S. Leslie
St. Mary's Law Journal
Abstract Forthcoming.
The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter
The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter
St. Mary's Law Journal
Abstract Forthcoming.
White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling
White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling
St. Mary's Law Journal
Abstract Forthcoming.
The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory
The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory
St. Mary's Law Journal
Abstract Forthcoming.
Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton
Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton
St. Mary's Law Journal
Abstract Forthcoming.
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
St. Mary's Law Journal
Abstract Forthcoming.
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
St. Mary's Law Journal
Abstract Forthcoming.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati
St. Mary's Law Journal
Abstract Forthcoming.
Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt
Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt
St. Mary's Law Journal
Abstract Forthcoming.
An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer
An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer
St. Mary's Law Journal
Abstract Forthcoming.
Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii
Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Bankruptcy Code Does Not Require Periodic Postpetition Payments To Undersecured Creditors For Interest On Value Of Collateral As Compensation For Delay Of Chapter 11 Reorganization Proceedings During Pendency Of Automatic Stay., Robert J. Ogle
St. Mary's Law Journal
Abstract Forthcoming.