Unenforced boundaries: illegal immigration and the limits of judicial federalism
A limitation of the current judicial interpretation of federalism is demonstrated by the lack of any remedy for states that are disproportionately affected by illegal immigration. States could sue the federal government for immigration costs under the Guarantee Clause of the Constitution and the Tenth Amendment, or a case could be based on an implicit constitutional norm that states should be treated equally. However, such a case seems unlikely to succeed. The significance of this unresolved problem of federalism is signaled by drastic measures such as California's Proposition 187.
Publication Name: Harvard Law Review
America must remain a haven
The right of asylum seekers to due process and the desire to root out political asylum fraud must be balanced and the system made more compassionate. Authorities should bear in mind that refugees who arrive illegally may have had to flee in great haste. Many innocent asylum seekers are detained at great government expense. Some of the proposals for summary adjudication violate constitutional law and international standards. Programs such as an Apr 1992 program to release detainees based on rational standards should be expanded.
Publication Name: The National Law Journal
Escaping domestic violence: asylum as a means of protection for battered women
Asylum in the US for female victims of domestic violence who have fled nations which have not protected them should be granted in a consistent manner by adjudicators. Many nations have recognized problems peculiar to women and INS Guidelines have contributed to asylum being granted to women on the basis of rape and female genital mutilation. Extending the INS Guidelines to include women seeking asylum on the basis of domestic violence will aid those women and provide an example for other nations to provide such protection.
Publication Name: Columbia Law Review
- Abstracts: The last priesthood: the coming revolution in medical care delivery. A better way to spur medical research and development
- Abstracts: Financial planning regulation and the life insurance agent. The importance of properly funding universal life
- Abstracts: Fusion and the associational rights of minor political parties. Treaty-based rights and remedies of individuals
- Abstracts: Are term limits undemocratic? The work product doctrine: functional considerations and the question of the insurer's claim file
- Abstracts: Proposed regulations provide guidance on modifications of debt instruments. Congress considers tax relief for debt restructurings