Immigration Law Commons^™

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee

Seattle University Law Review

In A History of Securities Law in the Supreme Court, A.C. Pritchard and Robert B. Thompson write, “Securities law offers an illuminating window into the Supreme Court’s administrative law jurisprudence over the last century. The securities cases provide one of the most accessible illustrations of key transitions of American law.” A main reason for this is that the U.S. Securities and Exchange Commission (SEC) is a bellwether among administrative agencies, and as a result, A History of Securities Law in the Supreme Court is a history of administrative law in the Supreme Court of the United States as well.

Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan

Seattle University Law Review

Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …

Capitalism Stakeholderism, Christina Parajon Skinner

Seattle University Law Review

Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …

The Esg Information System, Stavros Gadinis, Amelia Miazad

Seattle University Law Review

The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.

In this …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Marijuana Insurgency: Federalism And Social Reframing In Policy Reform, Matthew P. Cavedon

Seattle University Law Review

After fifty years of federal prohibition, marijuana reform efforts have won political and legal success. These victories hold lessons for anyone seeking to resist federal law without being able to directly affect it.

Victory can come from reframing an issue. For marijuana reform, social reframing—not formal legal analysis or material factors—provides the best explanation for how advocates achieved change. Their unconventional political tactics, akin to those used by insurgents in wartime, undercut federal prohibition by winning hearts and minds.

This is an analysis of the sociology of legal change. It is also the story of how ordinary Americans retook personal …

Doe Not Worry: Expanding Protections For Unaccompanied Children, Heidi E. Davis

Indiana Journal of Law and Social Equality

A recent Fourth Circuit decision created a circuit split regarding the standard applied to constitutional violations in secure holding facilities. The more “liberal” professional judgment standard—as promulgated by Youngberg v. Romeo and applied to unaccompanied immigrant minors in Doe 4 ex rel. Lopez—is necessary but insufficient for the protection of unaccompanied children. This Note first examines the origins of the professional judgment standard in the Youngberg case. Then, cases are surveyed showing that the Supreme Court has recognized children as a vulnerable population, and current regulations, legislation, and court opinions recognize the vulnerabilities of unaccompanied children. With these ideas in …

Shareholder Primacy Versus Shareholder Accountability, William W. Bratton

Seattle University Law Review

When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …

Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi

Seattle University Law Review

Whichever way you spin the record, rap music and courtrooms don’t mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh’s ear for rap music, frequently allowing rap lyrics—but not similar lyrics from other genres—to be used as criminal evidence against the defendants who authored them. Over the last thirty years, this immiscibility has engendered a legal landscape where prosecutors wield rap lyrics as potent instruments for criminal prosecution. In such cases, color-blind courts neglect that rap …

Immigration Detention Abolition And The Violence Of Digital Cages, Sarah R. Sherman-Stokes

Faculty Scholarship

The United States has a long history of devastating immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (“ICE”) surveils an astounding 296,000 people under its “Alternatives to Detention” program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just 1,339 in 2005. ICE’s rapidly expanding Alternatives to Detention program is marked by “digital cages,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have categorized these digital cages as a humane “reform”; …

Effects Of Dehumanization And Disgust-Eliciting Language On Attitudes Toward Immigration: A Sentiment Analysis Of Twitter Data, Katherine S. Wahrer, Cynthia J. Najdowski, John V. Passarelli

Psychology Faculty Scholarship

Attitudes towards immigration have been shown to be driven by dehumanization and disgust. The more people dehumanize immigrants and the more disgusted they feel, the more negative attitudes they tend to have toward immigrants. However, little is known about how exposure to social media content that links dehumanization, disgust, and immigration influences users’ attitudes on this issue. This is important to consider because the majority of adults in the United States are on social media. We used Twitter data, machine learning, and sentiment analysis to investigate whether exposure to dehumanizing or disgust-eliciting tweets about immigration impacts users’ own sentiment toward …

Animating A Statutory Right: Access To Counsel For Noncitizens In Reasonable Fear Review, Reese Wilking

Emory Law Journal

When a noncitizen in an expedited removal proceeding has a colorable claim to delay their deportation for fear of torture in their home country, a special review process occurs. Certain noncitizens face an especially stringent procedure—the reasonable fear review hearing, where a noncitizen must navigate a complex legal argument before an immigration judge to show that they meet specific statutory and regulatory criteria for relief from or delay of deportation. Congress has specified that noncitizens are entitled to access counsel at this reasonable fear review hearing; yet, all too often, the hearing takes place without attorneys present who were already …

Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez

History and Political Science | Senior Theses

Historically, Immigration has played a critical role in forming the nation’s identity, economic prosperity, and promoting cultural diversity. Considering that the issue of Immigration has been in the news and is considered by many to be important and in need of policy solutions, little progress has been made on passing comprehensive immigration reform since the 113 th Congress in 2013. How members of Congress talk about Immigration is important because framing can influence public opinion, shaping perceptions of the issue and affecting policy decisions. Members may use their platform to communicate how they think about policy issues. Research has been …

Resilience Amidst Barriers: Understanding The Plight Of Undocumented Filipino Tnts In The Broken Us Immigration System, Eileen Linchangco

Scripps Senior Theses

This thesis examines the plight of undocumented Filipino immigrants, referred to as “TNT” or “tago nang tago” (hiding and hiding), within the context of an increasingly restrictive US immigration system. I argue that two key factors have driven more Filipinos to pursue unauthorized entry into the US since the 1980s despite heightened risks. First, US immigration policy changes enacted in the 1980s and 1990s implemented stricter numerical caps that severely limited available visas for Filipino immigrants to use legal immigration pathways into the United States. Second, enduring sociocultural constructs propagate the notion that Filipinos represent immigrant desirability for US citizenship. …

Resilience Amidst Barriers: Understanding The Plight Of Undocumented Filipino Tnts Navigating Restrictive Us Immigration Laws From 1986 To The Present, Eileen Linchangco

Scripps Senior Theses

This thesis examines the plight of undocumented Filipino immigrants, referred to as “TNT” or “tago nang tago” (hiding and hiding), within the context of an increasingly restrictive US immigration system. I argue that two key factors have driven more Filipinos to pursue unauthorized entry into the US since the 1980s despite heightened risks. First, US immigration policy changes enacted in the 1980s and 1990s implemented stricter numerical caps that severely limited available visas for Filipino immigrants to use legal immigration pathways into the United States. Second, enduring sociocultural constructs propagate the notion that Filipinos represent immigrant desirability for US citizenship. …

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

Borderline Ambiguity: Major Questions And Immigration Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Death At The Door Of Relief: The Criminalization Of Humanitarian Work And Asylum, William Fox

Cardozo Journal of Equal Rights & Social Justice

The note argues that the criminalization of humanitarian aid to migrants at the U.S.-Mexico border violates international human rights law and exacerbates a growing refugee crisis. It contends that the U.S. government's "prevention through deterrence" policy funnels migrants into dangerous conditions, leading to increased deaths and human rights violations. The analysis calls for structural reforms, including expanded humanitarian parole, temporary protected status, and refugee resettlement programs, to align U.S. policy with its international obligations and mitigate the crisis.