Dec

1

Prosecutorial Discretion from the Department of Homeland Security?

Posted by: | December 1, 2011 | 1 Comment

Prosecutorial Discretion from the Department of Homeland Security? I’ll believe it when I see it.  I spend a good amount of time reading through articles on the latest immigration buzz.  Since this summer, a lot of it has been centered on prosecutorial discretion in civil immigration enforcement.  On June 17 of this year, Director John [...]

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Nov

17

Tackling the Unauthorized Practice of Law in Wisconsin Today

Posted by: | November 17, 2011 | 2 Comments

Professor Michael McChrystal once pointed out that in the State of Wisconsin, the penalty for working as a beautician without a license is not much different from the penalty for practicing law without a license.

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May

10

Quill Winners Explore Visa Adjudications and Limits of Public Trust Doctrine

Posted by: | May 10, 2011 | Leave a Comment

Congratulations to 3Ls Cain Oulahan and Gabe Johnson-Karp, the winners of this year’s Gold and Silver Quill Awards, respectively.  The Quill Awards recognize the top two student comments published in the Marquette Law Review. Cain’s comment is “The American Dream Deferred: Family Separation and Immigrant Visa Adjudications at U.S. Consulates Abroad.”  He explores the tension [...]

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Dec

3

Most Important United States Supreme Court Case in Refugee Law: I.N.S. v. Elias-Zacarias

Posted by: | December 3, 2010 | 2 Comments

[Editor's note:  This is a sixth installment in the "what is the most important Supreme Court case in your subject area" series.] One of my subject areas is refugee law. There are only a handful of Supreme Court decisions in the area, but instead of making the selection easier, the paucity of case law only [...]

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Oct

13

Best of the Blogs Part II: Drugs, Immigration, and the Hotel “Death Ray”

Posted by: | October 13, 2010 | 1 Comment

If that title doesn’t increase readership of my posts, I don’t know what will. My contribution this week to our “best of the blogs” feature (which I have taken license to interpret as “best of the blogs and other news read online…”) is even more random than usual. First, the drug-related story that caught my [...]

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Sep

4

Best of the Blogs (Well Mostly the Immigration-Related Ones)

Posted by: | September 4, 2010 | Leave a Comment

Refugee law does not get all that much attention in the blogosphere, even on the immigration-related blogs, probably because the numbers of refugees and asylees are so low in the context of U.S. immigration as a whole.   This week, though, there was a little discussion of a new study showing that asylum-seekers’ success rates [...]

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Aug

21

We Have Met the Other and He Is Us (Law Professors)

Posted by: | August 21, 2010 | 9 Comments

In the latest development in what is starting to feel like a trip  ”through the looking glass” to some bizarre version of the legal world as I understood it in law school, actual, important politicians have raised the spectre of  repealing or amending or re-interpreting the Fourteenth Amendment, specifically, its provision that “[a]ll persons born [...]

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Jul

29

Best of the Blogs

Posted by: | July 29, 2010 | 1 Comment

The first item that caught my eye this week was a little blog our student Priya Barnes is writing as she visits Germany, attending the Summer Session in Giessen, Germany, that Professor Fallone blogged about on Monday.  So far, she’s only offered one entry, about her travels, but I intend to watch for more…. Mark [...]

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Jun

1

Libertarians and Liberals

Posted by: | June 1, 2010 | 4 Comments

It is a peculiar characteristic unique to our country that Americans talk about political issues in constitutional terms, thereby turning every policy debate into an argument over basic principles.  That was my thought when I read about Senate candidate Rand Paul and his “Constitutionalist” view that the federal government has no right to dictate the [...]

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May

13

When Do Police Have Reasonable Suspicion That You Are a Non-Citizen?

Posted by: | May 13, 2010 | 13 Comments

For the past couple of weeks I have been stewing about how to respond to Rick’s post in which he tried to analogize the outcry against Arizona’s new immigration law to the Tea Party’s blowout bash against the new federal health care legislation.  He called the left out for hypocrisy in its condemnation of the [...]

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May

4

May Day Tea Parties

Posted by: | May 4, 2010 | 1 Comment

Most recently, the political left accused conservatives of dumbing down the President’s health care bill. It did not usher in “socialized medicine” and did not call for “death panels.” The conservatives weren’t completely wrong. The bill – both by its provisions and by anticipated responses to what are the almost certain ways in which it [...]

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May

3

Arizona’s Big Mistake

Posted by: | May 3, 2010 | 3 Comments

Arizona recently passed into law provisions that make a person’s illegal presence in the state of Arizona — currently a civil violation under federal law — a crime under state law.  The Arizona law also provides for the arrest of persons where the police have a “reasonable suspicion” that the individual is unlawfully present and [...]

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