156 research outputs found

    On Rights, Federal Citizenship, and the “Alien”

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    Congressional Dysfunction and Executive Lawmaking During the Obama Administration

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    Congressional Dysfunction and Executive Lawmaking During the Obama Administration

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    Intercultural Legal Sensibility as Transformation

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    In recent years the transformation of legal practice through globalization and shifting demographics in the United States have made the inherent cross-cultural nature of lawyering more apparent. As a result, law schools are being more intentional about the teaching of intercultural legal sensibility as part of the law school curriculum. This increased interest by U.S. law schools to train lawyers in intercultural legal sensibility calls for careful engagement by legal educators to define what intercultural legal sensibility should mean, to develop methodologies in response to the desired outcomes, and to measure their effectiveness. This article offers a reflection on what it might mean to infuse the teaching of intercultural legal sensibility with the necessary lessons to avoid perpetuating cultural dominance and global power imbalances through law. This process necessarily requires transformation on the part of all who engage globally and cross-culturally. This article explains why there may be a need for transformation and defines the type of transformation that law schools might encourage in future lawyers as part of legal education. The article also provides lessons on the methodology this type of transformational learning requires. The focus is principally on summer abroad programs as well as service learning opportunities that include student immersion in rich cross-cultural exchanges. Finally the article identifies ways to measure the effectiveness of law school programs aiming to teach intercultural legalsensibility by drawing lessons from what other disciplines have done in similar programs for at least half a century

    Of Katz and Aliens : Privacy Expectations and the Immigration Raids

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    This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples\u27 homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment, however, provides little protection to immigrants and their families. This Article explores how law\u27s construction of immigrants\u27 illegality interplays with Fourth Amendment doctrines of consent, reasonable expectation of privacy, pretextual stops, and administrative searches to deny immigrants privacy\u27s protection. In addition, the Article explores the spread of immigration databases and the proliferation of federal and local regulation of spaces occupied by immigrants within the border to examine the legal justifications for these generalized and defective warrants. The Article concludes by urging courts to reconsider reliance on immigrants\u27 unlawful presence in the U.S. to excuse law enforcement abuses and offers several legal and policy reasons in favor of privacy protection for noncitizens

    Border Solutions from the Inside

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