Georgetown immigration law journal最新文献

{"title":"The DACA decision: Department of Homeland Security v. Regents of the University of California and its implications","authors":"Brian Wolfman","doi":"10.2139/ssrn.3846903","DOIUrl":"https://doi.org/10.2139/ssrn.3846903","url":null,"abstract":"The Trump Administration's effort to get rid of Deferred Action for Childhood Arrivals, or DACA, failed before the Supreme Court in Department of Homeland Security v. Regents of the University of California, 140 S. Ct. 1891, 1896 (2020). In this essay -- based on a presentation given to an American Bar Association section in September 2020 -- I review DACA, the Supreme Court's decision, and its potential legal implications.<br><br>The failure of the Trump Administration to eliminate DACA may have had significant political consequences, and it surely had immediate and momentous consequences for many of DACA’s hundreds of thousands of beneficiaries. Some commentators noted, however, that the Supreme Court’s ruling it is not a major legal landmark—that it involves only the application of settled administrative-law principles. I largely agree with that view. Nonetheless, the decision’s administrative-law holdings are interesting, and the Court’s ruling contains several of what I view as “extras”—little nuances that may impact the law over time and that should interest administrative-law nerds.<br>","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72644899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Climate Mobility and the Pandemic: Art-Science Lessons for Societal Resilience","authors":"K. Mach, X. Cortada, Nicholas Mignanelli, Jessica Owley, I. Wright","doi":"10.2139/ssrn.3870546","DOIUrl":"https://doi.org/10.2139/ssrn.3870546","url":null,"abstract":"Societies were underprepared for the COVID-19 pandemic. This is also the case for climate change. Art may have a greater role to play in advancing societal resilience across these different categories of shocks and risks. In this Intervention, we deploy and evaluate art as a social practice supporting societal responses to sea level rise and its impacts. Our evaluation is focused on the ways in which the open-ended, deliberately unusual juxtaposition of art and science can accelerate fundamental adjustments in responding to complex climate risks such as climate mobility threats, under simultaneous stressors such as COVID-19. Through art, we explore science-society interactions, using Miami as a globally relevant case study. Our critique identifies outcomes of the perhaps radically interdisciplinary approach, including the integration, passion, and dialogue enabled and enriched through art.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88416183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Athletes in Transit: Why the Game is Different in Sports and the Visas Should be Too","authors":"D. Weber","doi":"10.2139/SSRN.3796346","DOIUrl":"https://doi.org/10.2139/SSRN.3796346","url":null,"abstract":"At least as early as the ancient Olympic games, athletes have traveled to engage in competition. Participation in the games was so revered that military truces were enacted to secure the safety of spectators and athletes alike. In modern times, we can look to the holding of the first modern Olympics in 1896, followed a few decades later in 1930 with the first World Cup as the forefathers of modern international travel for athletes. And of course, this trend followed with the professionalization of sports and the desires of teams and fans to have the best and most commercially successful athletes. U.S. immigration law should be designed and interpreted to facilitate the entry of skilled athletes. Part I of this article provides a background of the current state of visas for both professional and amateur athletes, and e-gamers. Part I also examines potential issues of concern if the NCAA moves to allow student athletes to earn money from the name, image, and likeness. Part II examines the joint economic gains uniquely captured in sport through the importation of foreign players, and demonstrates that the interests of owners, players, and fans are uniquely aligned through the importation of foreign superstar talent. Part III examines how the Trump Administration tightened eligibility requirements through its interpretation and application of EB-1, P, and O visa guidelines over the past 4 years resulting in much greater rates of denial than at any time since the enactment of the COMPETE Act in 2006. Part III also proposes three immediate solutions: new regulations to allow foreign student athletes to earn money from their name, image, and likeness in accordance with proposed NCAA rule changes regarding name, image, and likeness (NIL); a clear category for e-gaming athletes as the field is primed for explosive growth over the next ten years; and a looser interpretation of the requirements for certain visas when utilized by athletes.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84434175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Migration Crisis and Children","authors":"Adv Urvashi","doi":"10.2139/ssrn.3788748","DOIUrl":"https://doi.org/10.2139/ssrn.3788748","url":null,"abstract":"Various economic, political, environmental, and social reasons can force people to migrate, leaving their homes. Migration, which is as old as human history, has increased because of some reasons such as globalization, wars, and natural disasters. Children have constituted a significant proportion of immigrants.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"1029 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77197279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Is Free Movement of People Subverting Democracy in Europe? A Hirschmanian Hypothesis","authors":"Vesco Paskalev","doi":"10.2139/ssrn.3868157","DOIUrl":"https://doi.org/10.2139/ssrn.3868157","url":null,"abstract":"Mobility within the EU is normally understood as economic: a flow from poor members from Central and Eastern Europe (CEE) to the wealthier West which recently replaced a similar flow from the poorer South to the North. It is rarely noticed, however, that the same flows represent also movement from lower quality democracies to higher quality ones. If so, it is plausible to expect that this movement, on a scale unseen in Europe since WWII, will have some feedback effect on the quality of democracy too. Indeed, as we know from Albert Hirschman, citizens are facing a perennial dilemma between ‘voice’ and ‘exit’. The other choice they have to make according to him is between investing their time and energy in actions in the public sphere and pursuit of private welfare. By facilitating the exit option on one side and enhancing the opportunities for private prosperity on the other, the Union, for all the great things it provides, may subvert democracy in the member states. This effect may be negligible in most of the ‘old’ member states which have not seen significant outward migration but it should be very strong in the ‘new’ member states in the East. \u0000 \u0000Thus, the paper aims to initiate the systematic exploration of the relationship between emigration and democratic backsliding which is currently the most characteristic trend in CEE. It begins by an exploration of the dynamics of mobility, participation and private welfare which may (or may not) come into play in the context of European integration and of the free movement of people in particular. This is followed by a brief discussion of the available evidence for the relationship between mobility and political participation – all of it from other contexts. It concludes with an argument that the EU ought to compensate its adverse effect on domestic democracy and (very briefly) discusses the types of measures which could remedy the problem.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79764352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mutual (Dis-)Trust in EU Migration and Asylum Law: The Exceptionalisation of Fundamental Rights","authors":"Violeta Moreno-Lax","doi":"10.1017/9781108769006.007","DOIUrl":"https://doi.org/10.1017/9781108769006.007","url":null,"abstract":"This chapter deals with the functioning of ‘mutual trust’ as the organising principle of mechanisms of (implicit) mutual recognition in the fields of migration and asylum within the EU Area of Freedom, Security and Justice (AFSJ), looking both at rights-conferring and rights-restricting measures, comparing their treatment. The chapter uncovers a contradictory dynamic whereby the mutual recognition of rights-restricting measures across the EU is near-automatic and practically unconditional, while the mutual recognition of rights-conferring measures virtually non-existent. The reason for this is identified to lie in the interplay between presumed (abstract) trust, as required by the case law of the Court of Justice, and the real (practical) distrust, professed at horizontal and vertical level in the day-to-day administration of EU migration and asylum governance. Such interplay produces insidious effects on third-country nationals, particularly in the case of asylum applicants, leading to the arbitrary ‘exceptionalisation’ of their fundamental rights.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"70 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85061305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What Matters in Households’ Inflation Expectations?","authors":"P. Andrade, E. Gautier, Eric Mengus","doi":"10.2139/ssrn.3637870","DOIUrl":"https://doi.org/10.2139/ssrn.3637870","url":null,"abstract":"We provide evidence that households discretize their inflation expectations so that what matters for durable consumption decisions is the broad inflation regime they expect. Using survey data, we document that a large share of the adjustment in the average inflation expectation comes from the change in the share of households expecting stable prices; these households also consume relatively less than the ones expecting positive inflation. In contrast, variations of expectations across households expecting a positive inflation rate are associated with much smaller differences in individual durable consumption choices. We illustrate how this mitigates the expectation channel of monetary policy.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85661914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Compelling Labor and Chilling Dissent: Creative Resistance to Coercive Uses of Solitary Confinement in Prisons and Immigration Detention Centers","authors":"Savannah Kumar","doi":"10.2139/ssrn.3628652","DOIUrl":"https://doi.org/10.2139/ssrn.3628652","url":null,"abstract":"Solitary confinement has been used for centuries as a mechanism for controlling incarcerated people. Increasingly, however, prisons and immigration detention centers are strategically administering solitary confinement specifically to compel incarcerated people to perform labor. The coerced labor of incarcerated people acts as a tool in a system of racial capitalism. The largely uncompensated labor of incarcerated people results in savings for prisons and immigration detention centers across the United States. These economic savings make it efficient for the government to continue filling prisons and immigration detention centers with people of color. <br><br>This Note, published in Volume 36 of the Harvard BlackLetter Law Journal, explains how solitary confinement and forced labor exacerbate each other in our current system of racial capitalism. This Note offers five observations: First, when solitary confinement is used specifically to threaten people to work and as punishment when they refuse to do so, it continues a legacy of exploiting the labor of people of color to further a system that protects white privilege, power, and profits. <br><br>Second, officials in both prisons and immigration detention centers today use solitary confinement as a threat to coerce incarcerated people into performing low-wage or no-wage labor and as punishment for refusing to work. The use of solitary confinement to compel labor is ubiquitous in federal and state carceral facilities, whether managed by the state or by private corporations. <br><br>Third, solitary confinement is used to chill organized dissent regarding forced labor in both prisons and immigration detention centers. Incarcerated people have been preemptively placed in solitary confinement to prevent them from demonstrating against labor conditions and have been placed in solitary confinement as punishment for rising up. <br><br>Fourth, labor coerced using the threat of solitary confinement is used to construct and reconstruct the infrastructure of solitary confinement itself. In state and federal prisons, incarcerated people are tasked with producing items like beds and restraint loops that are used to furnish solitary confinement cells. In immigration detention centers, forced labor is used to clean and maintain solitary confinement cells and other areas of carceral facilities. <br><br>Fifth, advocating to end practices like solitary confinement and forced labor requires creative resistance by people inside carceral spaces and people outside of them. Art can be a powerful tool to bring oppressive conditions to the public’s attention, but care must be taken to avoid recreating elements of the prison-industrial complex through the production and display of activist artwork.<br><br>The ubiquity of forced labor resulting from the threat of solitary confinement exposes the destructive and pervasive nature of carceral violence used to further a system of racial capitalism. Understanding how oppressive ","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88754516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Designing a Special Arrangement for Northern Ireland: the Irish Protocol in Context","authors":"C. Harvey","doi":"10.2139/SSRN.3588415","DOIUrl":"https://doi.org/10.2139/SSRN.3588415","url":null,"abstract":"The Protocol on Ireland/Northern Ireland was a central focus for contested conversations in the Brexit negotiations. Many of the tensions at the heart of the Brexit project are evident in its consequences for the island of Ireland. The aim is to examine the compromise that emerged. The suggestion is that Northern Ireland was always going to require a form of special status for the purpose of preservation of an already distinctive set of relationships. The principal intention here is to reflect on the design of a special arrangement that reflects this fact. The key questions for the future will include the interpretation, application, implementation and enforcement of what has been agreed.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"123 1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80213707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EU Citizenship as a Means of Broadening the Application of EU Fundamental Rights: Developments and Limits","authors":"Katerina Kalaitzaki","doi":"10.1163/9789004433076_005","DOIUrl":"https://doi.org/10.1163/9789004433076_005","url":null,"abstract":"The chapter supports the idea that the political integration in the domain of EU fundamental rights is primarily evolving through a ‘triangular’, inter-connected system of protection, including the constructivist transformation of EU citizenship, the institutionalised developments of EU law, and the protection of fundamental rights as general principles of EU law. Yet major components of a comprehensive and all-embracing fundamental rights policy are still absent, which is even more perceptible during periods of crisis, such as the recent financial crisis, where the gaps in citizens’ rights protection became evident due to the difficulties encountered in challenging the consequences of the conditionality imposed. The article aims to fill these gaps, by establishing a connection between EU fundamental and EU citizenship rights, using the judicially developed ‘substance of the rights’ doctrine. Various attempts have taken place towards this aim, yet some loose ends remained that are largely encountered in the present article, through the establishment of a new jurisdictional test, which combines a dynamic reading of Art. 20 TFEU and the substance of the rights doctrine, Art. 2 TEU and fundamental rights as general principles of EU law, such as Art. 19 TEU.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"63 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85611475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}