A Constitutional Case for Extending the Due Process Clause to Asylum Seekers: Revisiting the Entry Fiction After \u3ci\u3eBoumediene\u3c/i\u3e

In the last two decades, the U.S. Supreme Court has actively grappled with balancing the interests of immigrant detainees and the federal government in the context of prolonged immigration detention by reconciling the statutory framework with constitutional guarantees of due process. The Court has focused on how prolonged detention without an opportunity for an individualized custody determination poses a serious constitutional threat to an alien’s liberty interest. The Court’s jurisprudence has focused, however, on aliens who have effected an entry into the United States. The constitutional entitlements of nonresidents who are detained upon presenting themselves at the border have so far been excluded from this new immigration narrative and continue to be governed by a more than halfcentury-old precedent establishing the “entry fiction” and acceding to the plenary power of the Executive. This Note focuses on a discrete category of aliens, namely nonresident arriving aliens seeking asylum who are detained pursuant to section 235 of the Immigration and Nationality Act (INA). These aliens stand on a different legal footing than other categories of aliens detained under the INA because they are subject to the entry fiction doctrine, which has manifest ramifications for not only their legal status but also the degree of constitutional protections they are entitled to. This Note discusses how developments in the extraterritorial application of the Constitution inform the entry fiction doctrine in the context of extending procedural protections to asylum seekers detained upon entry into the United States. This Note shows how the functional approach to extraterritoriality articulated in Boumediene v. Bush alters the legal landscape and affords an opportunity to extend due process protections to nonresident arriving aliens. Cognizant of the limitations imposed by the plenary power doctrine, this Note does not argue for extending the complete panoply of procedural protections to section 1225(b) detainees; instead it focuses on how a discrete remedy— bond hearings—would help alleviate the procedural deficiencies in the statutorily prescribed procedure. In so doing, this Note departs from the approach that has currently been adopted by lower courts by positing that recent Supreme Court precedent provides a very strong constitutional basis for extending procedural protections to section 1225(b) detainees, and it would be remiss to rely solely on Clark v. Martinez-inspired constitutional avoidance arguments

The Role of Mutual Funds and Non- Banking Financial Companies in Corporate Governance in Pakistan

This paper advances the argument that institutional investors, particularly mutual funds can play a vital role in enhancing corporate governance in emerging economies. Accordingly, regulatory framework need to be structured in a manner that would encourage the growth of the mutual fund industry and enable it to play a proactive role in corporate governance. The paper reviews and evaluates the regulation of mutual funds in Pakistan in the light of the above propositions. The Role of Mutual Funds and Non-Banking Financial Companies in Corporate Governance in Pakistan.Corporate governance, mutual fund, Non-Banking Financial Companies, Pakistan

Baseline survey for farmers organizations of Mirwal and Shahpur small dams, Punjab, Pakistan

Irrigation management / Dams / Farmers' associations / Surveys / Community participation / Water management / Performance evaluation / Institution building / Agronomy / Cropping systems / Farm income / Water supply / Land levelling / Pakistan / Punjab

The Political Economy of Economic Empowerment: Bringing Politics and Society Back In

Economic empowerment programmes designed to mitigate inequalities are increasingly becoming an important part of the portfolio for governments in low-income countries (LICs). These programmes give primacy to interventions in the ‘economic sphere’. Their underlying theory of change not only expects a positive impact on economic empowerment, it also expects positive ‘spillovers’ that will change the norms, behaviours, roles and bargaining power that underpin social and political empowerment. This paper reviews the empirical evidence and finds that more often than not these interventions do not strengthen economic empowerment. It also finds that very few programmes create the hypothesised ‘spillovers’ in the social and political spheres. The paper shows that programme outcomes and scale-up are sensitive to the social and political context, in particular the distribution of power and resources among gainers and losers. An important message from this paper is that a robust theory of change must be informed by empirical research that enables us to see how the context, in particular the distribution of power, is shaped. It also reviews the literature on political collective action and institutions to identify political economy mechanisms that are argued either to catalyse or to inhibit the creation, sustainability and survival of effective economic empowerment programmes in LICs and fragile and conflict-affected settings.UK Department for International Developmen

Women’s Contribution to the Development of the Jamaat-I-Islami’s Gender Discourse: A Qualitative Analysis

This article explores different facets of women\u27s contribution to gender discourse of the Jamaat-i-Islami Pakistan. Their contribution is demonstrative of the fact that they want to live a life as honorable human beings while observing their religious responsibilities

An investigation of the biological effects of electromagnetic fields and risk assessment of magnetic resonance imaging systems

Thesis (Nucl. E.)--Massachusetts Institute of Technology, Dept. of Nuclear Engineering, 1994.Includes bibliographical references (leaves 22-24).by Mahmood A. Cheema.Nucl.E

A new selection operator for genetic algorithms that balances between premature convergence and population diversity

The research objective is to find a balance between premature convergence and population diversity with respect to genetic algorithms (GAs). We propose a new selection scheme, namely, split-based selection (SBS) for GAs that ensures a fine balance between two extremes, i.e. exploration and exploitation. The proposed selection operator is further compared with five commonly used existing selection operators. A rigorous simulation-based investigation is conducted to explore the statistical characteristics of the proposed procedure. Furthermore, performance evaluation of the proposed scheme with respect to competing methodologies is carried out by considering 14 diverse benchmarks from the library of the traveling salesman problem (TSPLIB). Based on t-test statistic and performance index (PI), this study demonstrates a superior performance of the proposed scheme while maintaining the desirable statistical characteristics

Momentum returns, market states, and market dynamics: Are Islamic stocks different?

Recent studies suggest that momentum returns are conditioned by market states and market dynamics. We ask if Islamic stocks behave differently from Non-Islamic stocks. Using data from the Malaysian stock market from 1991 to 2015, we find no significant difference in Islamic versus Non-Islamic stocks either in their level of momentum returns or in the behaviour of momentum returns in response to market states and market dynamics, irrespective of whether we use time-series or cross-sectional momentum returns. Interestingly, we find that the behaviour of momentum returns in Malaysia is broadly consistent with that in the US market in that momentum returns are higher following UP markets compared with momentum returns following DOWN markets. We also find that momentum returns are larger when the market continues in same state than when it transitions to a different state, consistent with results in the US market and that the absence of momentum returns following DOWN market states is due to market dynamics. Our results suggest that investors in Islamic stocks can execute momentum strategies without loss of efficacy compared with Non-Islamic stocks