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Local Illegal Immigration Relief Act Ordinances: A Legal, Policy, and Litigation Analysis
No full textObtaining comprehensive immigration reform is one of the most important legal issues facing the Latino community today. For the nation, virtually every family, business, and community is touched by immigration. In 2006, when millions marched for comprehensive immigration reform, prospects for federal action increased. During the summer of 2006, as the U.S. House failed to move forward to complete legislative action, frustrations by anti-immigrant activists led to a small number of cities and towns attempting to enact restrictions and prohibitions against illegal immigrants at the local level. These measures violate the Constitution, and pit neighbor against neighbor. Immigration policy must be established and enforced at the federal level, as local ordinances threaten to discriminate against all Latinos, citizen and newcomer alike. This Article describes some of the local ordinances that have been enacted across the country and their legal flaws, provides arguments that can be utilized against them, and gives an overview of the current legal challenges against these ordinances throughout the United States. Part I describes the origin of these anti-immigrant ordinances and the types of ordinances that were enacted in their wake, in particular the first local antiimmigrant ordinance passed in the United States in Hazleton, Pennsylvania. Part II discusses the legal arguments against these types of ordinances, in particular federal preemption of local immigration laws and possible violations of the Fair Housing Act. Part III provides a brief overview of the litigation that has been brought against municipalities that have enacted local illegal immigration relief ordinances, and the current status of those cases. The Conclusion summarizes the article and looks forward to the next step in combating local anti-immigrant ordinances from a legal, policy, and litigation standpoint
Limited Liability Company Citizenship: Reconsidering An Illogical and Inconsistent Choice
No full textThe trend in diversity actions in Federal Court is to rigidly apply the formalistic rules for determining citizenship (aggregate or entity) to deem limited liability companies (LLCs) to have aggregate or partnership citizenship. While the approach is designed to reduce the federal docket; there is no evidence that it works. More importantly, this result-oriented approach is not based on well-reasoned analysis. This approach creates several illogical and inconsistent results. It bears no reflection on modern business realities, it undermines well established principles of law, and it undercuts the purpose for which diversity jurisdiction was established, This article suggests that, just as our ever evolving society forced the formalistic rules of Pennoyer to give way to the more functional approach in International Shoe, it is time for the formalistic rules for determining citizenship to evolve to reflect the modern realities of business organizations like the LLC
Revisiting Anna Moscowitz\u27s Kross\u27s Critique of New York City\u27s Women\u27s Court: The Continued Problem of Solving the Problem of Prostitution With Specialized Criminal Courts
No full textNAACP v. The Attorney General: Black Community Struggle Against Police Violence, 1959-68
No full textOn March 30, 1959, the U.S. Supreme Court issued two decisions which set the stage for a new era in police-community relations. In Abbate v. United States. I and Bartkus v. Illinois,2 the Court gave the U.S. Justice Department the power to prosecute police officers under federal civil rights laws for acts of racist violence - even when they were already under state or local investigation - without fear of violating states\u27 rights. These decisions - had they been enforced - would have been welcome news at the New York headquarters of the National Association for the Advancement of Colored People (NAACP). An organization dedicated to the eradication of lynching and other forms of extra-judicial violence against black persons, the NAACP lobbied the Justice Department ceaselessly since 1909 to combat the wave of murders and beatings committed both by police officers and private persons, particularly in the American South. Using a judicious mix of public appeals, lobbying, and litigation, this mainstream mass membership organization focused national attention on police abuse for half of a century
Matchmaker, Matchmaker Make Me A Match: An Insider\u27s Guide to the Faculty Hiring Process
No full textThis essay analogizes the process of finding a law faculty position to internet dating. Along the way it provides insights into the law faculty hiring process. These insights are based on over a decade of attendance at the meat market in various capacities, speaking with hundreds of interviewers and mentoring hundreds of candidates
