Tag Archives: Volume 36

The Flood: Political Economy and Disaster

As summer faded to fall in 2005, a hurricane hit New Orleans, a city so unique in its history that it has more history than many American cities. It was nonetheless an American city in these telling parameters: a city … Continue reading

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Fair Enough? Reconciling the Pursuit of Fairness and Justice with Preserving the Nature of International Commercial Arbitration

In a study co-authored by Richard W. Naimark, the Senior Vice President of the American Arbitration Association (“AAA”), and Stephanie E. Keer, certain surprises were uncovered regarding the perception of private international commercial arbitration by attorneys and business people. The … Continue reading

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The Boyle Test Is an Insufficient Standard for Determining Whether to Allow Private Military Contractors to Assert the Government Contractor Defense

“There is no accountability for the tens of thousands of contractors working [in] Iraq and abroad. Private contractors like Blackwater work outside the scope of the military’s chain of command and can literally do whatever they please without any liability … Continue reading

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Child Abuse by Another Name: Why the Child Welfare System Is the Best Mechanism in Place to Address the Problem of Juvenile Prostitution

Lucilia was thirteen years old the first time she was sold for sex. After being physically and sexually abused at home and chancing that life on the streets could not be worse than life at home, Lucilia ran away. Ultimately, … Continue reading

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Administrative Law: Immigration, Amnesty, and the Rule of Law, 2007 National Lawyers Convention of the Federalist Society

Immigration is a divisive issue, but it is interesting that it is not one that necessarily falls along partisan lines. Recall when President Bush made common cause with the Democratic majority in the House and the Senate in 2007, and … Continue reading

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Problems Facing the First Generation of Local Immigration Laws

Colorado made national headlines in 2006 when it passed a series of controversial measures requiring applicants for most state benefits to prove legal immigration status before obtaining that benefit. Signed by out-going Governor Bill Owens, the law makes proof of … Continue reading

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Families at Risk: How Errant Enforcement and Restrictionist Integration Policies Threaten the Immigrant Family in the European Union and the United States

“[Y]ou know, being with your family, there is nothing that you can compare to anything in life. It’s just that warmness of the home, time with your loved ones . . . its something that you really can’t describe.” These … Continue reading

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From the Border to the Schoolhouse Gate: Alternative Arguments for Extending Primary Education to Undocumented Alien Children

The current legal and political landscape in the United States reveals the challenges posed by the broken immigration system and its concomitant result, the high levels of unauthorized or undocumented migration to the country. While many local civic institutions are … Continue reading

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A Clash of Cultures: Immigration and Housing Code Enforcement on Long Island

For the past several years, students in the Hofstra Housing Rights Clinic and I have represented tenants in an apartment building in the Village of Farmingdale, New York, whom we allege were targeted for eviction by the Village because they … Continue reading

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Barbarians at the Bar: Regulation of the Legal Profession Through the Admissions Process

Gaining admission to the Bar is not easy. An undergraduate education, the LSAT, three intensive years at a law school, and the infamously difficult Bar exam (especially in my state, California) presumably screen out a fair share of potential attorneys … Continue reading

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