Posts tagged as:

immigration law

Some lawyers have filed attempted mass suits (earlier here, here, etc. on Mohawk Industries case) claiming that by hiring undocumented workers employers have engaged in “racketeering” for which they should owe money under the RICO law to other workers, above and beyond whatever wages were agreed to at the time or prescribed by statute. It was always a strained theory, and now is said to be encountering tougher going because courts are being more particular about requiring that plaintiffs’ pleadings spell out plausible theories of proximate cause, injury and damages, under the Twombly/Iqbal standard by which the U.S. Supreme Court has toughened early scrutiny of lawsuits. If that’s so, chalk up one more Twiqbal victory for common sense and restraint in litigation. [Workplace Prof, from the Spring]

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When a near-unanimous Congress came together in 2008 to pass something with the moralistic, self-congratulatory name of the “William Wilberforce Trafficking Victims Protection” Act, we should have braced ourselves for major, unintended, un-humanitarian consequences. And here they are. [Alex Nowrasteh, The Hill]

More: Now that the Wilberforce Act’s moral posturing has led to more actual trafficking, activist groups (see their open letter) are pressuring the White House not to fix the law [Charles Lane, Washington Post] “Congress likes to put fancy titles on its legislative handiwork, but they should probably just call everything the Law of Unintended Consequences, especially immigration bills.”

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Super Bowl ads in review

by Walter Olson on February 3, 2014

A Georgia lawyer aired an ad bizarre enough that it’s made the rounds of the legal sites:

More from Lowering the Bar (“As Rolling Stone suggests, it is a little problematic that the ad depicts him desecrating a grave and smashing a grave marker, even if he does it with a flaming sledgehammer named after his dead brother and to a badass metal soundtrack.”)

Meanwhile, over at Cato at Liberty, I’ve got a commentary on the Coca-Cola ad with at least a tangential relation to language law, the legacy of Teddy Roosevelt’s Progressives, and the gracefulness of being good winners regarding the success of English assimilation.

January 10 roundup

by Walter Olson on January 10, 2014

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“…You Must Keep Your Guns Locked Up,” on pain of criminal punishment. At least that’s the import of an odd new California measure signed into law by Gov. Jerry Brown. [Eugene Volokh]

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October 7 roundup

by Walter Olson on October 7, 2013

  • More regulation of online speech: what could go wrong? “‘Eraser’ law gives California teens the right to delete online posts” [ABA Journal, Eric Goldman, Scott Greenfield]
  • Gov. Brown signs bill to grant law licenses in California to illegal immigrants [Reuters]
  • “Court: website alleging police corruption shouldn’t have been shut down” [Ars Technica; Lafayette, Louisiana]
  • License to speak: Eugene Volokh and Cato Institute challenge licensing of DC tour guides;
  • Thanks to Keith Lee at Associates Mind for including us in list of recommended law sites;
  • St. Paul disparate-impact housing controversy: “How Mischievous Obama Administration Officials Scuttled An Important Supreme Court Case” [Trevor Burrus, see also]
  • Great circle of tax-funded life: public sector lobbying expenditures [Washington state via Tyler Cowen]

Undocumented = unmentionable?

by Walter Olson on September 21, 2013

“An Indiana lawyer has been suspended for 30 days for a comment about the immigration status of his divorce client’s spouse in a letter sent to opposing counsel and the judge in the case.” [ABA Journal]

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The immigration bill would give many deportees free attorneys [Slate]

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Assemblyman Bob Wieckowski (D-Fremont), the sponsor of a bill in the California legislature, thinks jury service would help advance the assimilation of immigrants by exposing them to an important civic process. Ben Boychuk, at City Journal, doesn’t agree, quoting political scientist Edward Erler: “The idea that legal immigrants can learn to become citizens through jury service is a dangerous experiment on the liberties of American citizens.”

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An immigration judge has ruled that the British government cannot deport convicted drug dealer Hesham Ali, who has never been in the country legally, because he has a girlfriend and making him leave would therefore violate his “right to family life” under the Human Rights Act [Telegraph]:

He convinced a judge he had a “family life” which had to be respected because he had a “genuine” relationship with a British woman – despite already having two children by different women with whom he now has no contact.

Ali also mounted an extraordinary claim that his life would be in danger in his native Iraq because he was covered in tattoos, including a half-naked Western woman – a claim which was only dismissed after exhaustive legal examination.

Meanwhile, Ted Frank argues that the case of the Tsarnaev family points up the longstanding problem of dubious or fraudulent asylum claims [Point of Law]

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Once again a court has struck down an overreaching Obama administration regulation. This time it was the Eleventh Circuit that dismissed as “absurd” a Department of Labor rationale for asserting its regulatory authority over the H-2B guestworker program. I’ve got more details at Cato at Liberty.

February 17 roundup

by Walter Olson on February 17, 2013

  • Federal taxpayers via National Cancer Institute grant dished out more than a million dollars to pay for laughable conspiracy-theory report smearing Tea Party [Hans Bader, more, Jacob Sullum on report from Stanton Glantz, whom we've often met before] “Rather than [being] a spontaneous popular phenomenon, opposition to the tea parties was nurtured by the government.” [@RameshPonnuru]
  • Ken on why the relentless overuse of the epithet “bullying” gets on his (and my) nerves [Popehat; Clark at Popehat on New York police chiefs who feel bullied because someone won't sell them guns]
  • On immigration, advocates of liberty can’t afford to ignore the future-polity angle [Eugene Volokh; Ilya Somin with a response]
  • More on that wretched State of the Union retread, the Paycheck Fairness Act [Hans Bader, Ted Frank, 2009 DoL study, earlier here, here, here, here, here, etc.] Other dud SOTU ideas: federally paid universal preschool [Andrew Coulson, related, more, related on minority kids' results, yet more, Neal McCluskey on public infant care, Tyler Cowen] minimum wage hike [Chris Edwards, Veronique de Rugy]
  • Woman sues fitness club over “sexually suggestive” exercises [CBS Dallas]
  • Silent witness: undeveloped state of law, police, insurance contribute to widespread Russian use of dashboard cams [WaPo]
  • Would-be assassin came dressed as postman: Danish free-speech advocate Lars Hedegaard interviewed [Spectator]

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A prerequisite for a high school diploma in Arizona, if some lawmakers there get their way. [Mike Sunnucks, Phoenix Business Journal]

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January 9 roundup

by Walter Olson on January 9, 2013

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Labor and employment roundup

by Walter Olson on December 21, 2012

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The Department of Labor seems to be taking a new tack against employers of H-1B workers [Stuart Anderson, Forbes] Related: Alex Tabarrok.

More: “the U.S. is inexplicably telling the smartest immigrants to go home.” [Sam Gustin, Time via Alkon]

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But is it truly a right? [Russell Saunders, League of Ordinary Gentlemen via White Coat]

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