Expanding Protective Order Coverage.,
2012
St. Mary's University
Expanding Protective Order Coverage., Kellie K. Player
St. Mary's Law Journal
The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …
The Double Irish Sandwich: Reforming Overseas Tax Havens.,
2012
St. Mary's University
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
St. Mary's Law Journal
Abstract Forthcoming.
Restrictive State And Local Immigration Laws: Solutions In Search Of Problems,
2012
University of Colorado Law School
Restrictive State And Local Immigration Laws: Solutions In Search Of Problems, Pratheepan Gulasekaram, Karthick Ramakrishnan
Publications
No abstract provided.
Immigration Enforcement And The Fugitive Slave Acts: Exploring Their Similarities,
2012
The Catholic University of America, Columbus School of Law
Immigration Enforcement And The Fugitive Slave Acts: Exploring Their Similarities, Karla Mari Mckanders
Catholic University Law Review
No abstract provided.
Further Considerations: Immigrant Entrepreneurs - Contributions And Challenges,
2012
American University Washington College of Law
Further Considerations: Immigrant Entrepreneurs - Contributions And Challenges, Jayesh Rathod
Contributions to Books
An overview of the contributions made by immigrant entrepreneurs in the United States, and the challenges they face.
The “Ethical” Surplus Of The War On Illegal Immigration,
2012
Pacific McGeorge School of Law
The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia Saucedo
McGeorge School of Law Scholarly Articles
No abstract provided.
Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students,
2012
Pacific McGeorge School of Law
Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Raquel Aldana, Beth Lyon, Karla Mari Mckanders
McGeorge School of Law Scholarly Articles
No abstract provided.
Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act,
2012
Penn State Law
Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia
Faculty Scholarship
This essay responds to “The Obama Administration, the DREAM Act and the Take Care Clause” by Robert J. Delahunty and John C. Yoo. Though I credit Yoo and Delahunty for considering the relationship between the DACA program and the President’s duties under the “Take Care” clause, they miss the mark in at least three ways: 1) Contrary to ignoring immigration enforcement, the Obama Administration has executed the immigration laws faithfully and forcefully; 2) Far from being a new policy that undercuts statutory law, prosecutorial discretion actions like DACA have been pursued by other presidents, and part of the immigration system …
I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman
Nevada Law Journal
No abstract provided.
The Importance Of The Political In Immigration Federalism,
2012
University of Colorado Law School
The Importance Of The Political In Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan
Publications
This Article provides a systematic, empirical investigation of the genesis of state and local immigration regulations, discrediting the popular notion that they are caused by uneven demographic pressures across the country. It also proffers a novel theory to explain the proliferation of these policies and queries the implications of this new model for federalism analysis. The story we tell in this paper is both political and legal; understanding immigration politics uncovers vital truths about the recent rise of subnational involvement in a policy arena that courts and commentators have traditionally ascribed to the federal government. Thus, this article connects the …
Immigration Enforcement And The Fugitive Slave Acts: Exploring Their Similarities,
2012
Vanderbilt University Law School
Immigration Enforcement And The Fugitive Slave Acts: Exploring Their Similarities, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
Two seemingly different federal enforcement systems that affect the movement of unskilled workers — the 1793 and 1850 Fugitive Slave Acts and current state immigration enforcement policies — have remarkable similarities. Both systems are political stories that are demonstrative of the failure of federalism. The federal government’s current failure to enforce immigration laws has encouraged state and local governments to pass their own laws. Alabama and Arizona have enacted far-reaching laws, which are similar to the federal Immigration and Nationality Act § 287(g) programs. Both have been challenged on constitutional preemption and equal protection grounds. Recent scholarship has focused mainly …
Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers,
2012
University of Colorado Law School
Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen
Publications
This Article integrates social science theory about immigrant incorporation and administrative agencies with empirical data about immigrant-serving federal workplace agencies to illuminate the role of bureaucracies in the construction of rights. More specifically, it contends that immigrants' rights can be protected when workplace agencies incorporate immigrants into labor law enforcement in accordance with the agencies' professional ethos and organizational mandates. Building on Miles' Law that "where you stand depends on where you sit," this Article argues that agencies exercise discretion in the face of contested law and in contravention to a political climate hostile to undocumented immigrants for the purpose …
Arizona, Immigration, And Latinos: The Epistemology Of Whiteness, The Geography Of Race, Interest Convergence, And The View From The Perspective Of Critical Theory,
2012
Southern Methodist University, Dedman School of Law
Arizona, Immigration, And Latinos: The Epistemology Of Whiteness, The Geography Of Race, Interest Convergence, And The View From The Perspective Of Critical Theory, George A. Martinez
Faculty Journal Articles and Book Chapters
In this article, the author analyzes a scheme of laws in Arizona regarding immigration and Latinos by using the powerful tools of contemporary critical theory, which have been especially developed to analyze issues of race such as those presented in the laws at issue. As discussed below, critical theory, as applied to Arizona, reveals (1) that the newly enacted scheme of laws reflects an epistemology of whiteness and operates to transform Arizona into a white geographical landscape; (2) that the outlawing of ethnic studies in Arizona is a corollary to the establishment of a white geographical space in Arizona; (3) …
The Inquisitorial Advantage In Removal Proceedings,
2012
Seattle University School of Law
The Inquisitorial Advantage In Removal Proceedings, Won Kidane
Faculty Articles
This article takes a radically different and unique approach to improving due process in removal/deportation proceedings. It argues that the existing adversarial system of adjudication, which is incontrovertibly inefficient, expensive and unfair, is a product of cultural imaginary. It demonstrates that if the current adversarial model is measured by contemporary utilitarian standards, it is utterly counterproductive. The article then recommends the adoption of the inquisitorial model of the civilian system by converting the majority of the 951 government lawyers, who now serve as the non-citizens’ adversaries, into administrative law judges. Through a comparative analysis of the common law and civil …
Beyond Saints And Sinners: Discretion And The Need For New Narratives In The U.S. Immigration System,
2012
University of Baltimore School of Law
Beyond Saints And Sinners: Discretion And The Need For New Narratives In The U.S. Immigration System, Elizabeth Keyes
All Faculty Scholarship
Beyond Saints and Sinners examines the forces affecting the exercise of discretion in American immigration courts, and argues that in this present age of immigration anxiety, the same facts that place an individual in deportation proceedings may constitute the reasons a judge will, relying on discretion, deny them relief for which they are otherwise eligible. The article explores the polarized narratives told about "good" and "bad" immigrants, the exceptionally difficult task of adjudicating in overburdened immigration courts, and the ways in which these polarized narratives interact with psychological short-cuts, or heuristics, that affect judicial exercises of discretion. After engaging in …
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform.,
2012
St. Mary's University
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform., Alex Cameron
St. Mary's Law Journal
Abstract Forthcoming.
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries.,
2012
St. Mary's University
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock
St. Mary's Law Journal
Abstract Forthcoming.
Removal Of Independent Executors: Examining The Standard In Texas After The Addition Of Material Conflict Of Interest To Section 149c Of The Texas Probate Code.,
2012
St. Mary's University
Removal Of Independent Executors: Examining The Standard In Texas After The Addition Of Material Conflict Of Interest To Section 149c Of The Texas Probate Code., Elizabeth R. Kopecki
St. Mary's Law Journal
The State of Texas permits independent executors to operate with minimal court supervision. This allows executors to administer an estate with as little cost and delay as possible. Sometimes executors abuse this limited supervision and fail to manage estates properly. Fortunately, there are particular circumstances outlined in the Texas Probate Code which allow courts to step in and remove these harmful executors. Since the adoption of section 149C to the Texas Probate Code, grounds for removal have remained relatively specific. Recently, the legislature has added a new ground: “material conflict of interest.” Though no bright-line rule exists, there is precedent …
Working On Immigration: Three Models Of Labor And Employment Regulation,
2012
UNC School of Law
Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su
Journal Articles
The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration. Shifting the focus, I suggest here that longstanding disagreements in the world of economic regulations — in particular, tensions over the government’s role in regulating labor conditions and employment practices — also explains much of the difficulty behind formulating a policy approach to immigration. In other words, we cannot reach a political …
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context,
2012
Benjamin N. Cardozo School of Law
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer
Cardozo Journal of Equal Rights & Social Justice
The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …
