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2016 Articles

Announcement – Russian Law Students Project October 2016 The Russian Law Students Project is seeking volunteer presenters for the 2016-17 academic year.
Career panel on immigration and international Law at University of Illinois College of Law By David W. Aubrey June 2016 On March 14, 2016, the U of I College of Law’s career services office and the law school library hosted a career panel on jobs related to international law, which included two members of the ISBA's Section on International & Immigration Law.
Child abuse: Is it a removable offense? By Patrick M. Kinnally April 2016 Condoning excessive corporal punishment is not acceptable. The problem is, how do our laws—and which ones, federal or state statutes—tell us when such discipline or abuse abrogates the line in the area of immigration law?
A crime involving moral turpitude: In search of a standard By Patrick M. Kinnally November 2016 The phrase “crime involving moral turpitude,” since its inception in the Immigration and Nationality Act, has been criticized for its lack of definition and perplexing application to a variety of alleged deportable acts.
DHS publishes new STEM OPT Rule with effective date of May 10, 2016 By Songhee Sohn April 2016 This new rule makes far-reaching changes to the existing program and contains both opportunities and responsibilities for U.S. employers that employ recent foreign national graduates.
Does the Immigration and Nationality Act allow discrimination based on religion? By Cindy G. Buys June 2016 Why would Congress ban discrimination on these other common grounds, but not include religion?
Editor’s comments By Lewis F. Matuszewich November 2016 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich October 2016 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich September 2016 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich June 2016 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich April 2016 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich February 2016 An introduction to the issue from Editor Lew Matuszewich.
Ferreira v. Lynch By Natalie L. Pesin October 2016 A summary of this recent case.
Foreign participation in Malaysian construction projects: A practical introduction By Jihong Wang & Paul Kossof November 2016 One of the most developed, open and strongest Southeast Asian countries, Malaysia has exhibited an increasing need for various forms of infrastructure including energy, water and transportation. Based on our experience performing due diligence for a large-scale water works project, this short article seeks to provide a practical introduction to foreign participation in Malaysian construction projects.
Legislative report By Cindy G. Buys June 2016 The ISBA's International & Immigration law Section Council has reviewed pertinent legislation currently before the Illinois General Assembly.
Memo By Patrick M. Kinnally & Cindy G. Buys October 2016 The International and Immigration Law Section Council has approved and urges the Illinois State Bar Association to support an amendment to 725 ILSC 5/113-8 relating to guilty pleas to improve compliance with judicial notification of the immigration consequences of guilty pleas.
Message from the Chair By Patrick M. Kinnally September 2016 A message from 2016-17 Section Chair Pat Kinnally.
Message from the Chair By Tejas Shah June 2016 A message from Section Chair Tejas Shah.
Message from the Chair By Tejas Shah April 2016 A message from Section Chair Tejas Shah.
Message from the Chair By Tejas Shah February 2016 A message from Chair Tejas Shah.
The Montreal Convention governs all claims on board an international flight—Even complaints about passengers who refuse to turn off their cell phones By Ahmad Al Dajani April 2016 Lawyers engaged in any litigation involving international flights should remember that the Montreal Convention is the exclusive remedy for any claims arising during an international flight or in the process of embarking or disembarking an international flight.
OK to ask applicants if they need immigration sponsorship By Michael R. Lied October 2016 An employer that asks questions designed to prefer certain classes of nonimmigrant visa holders (e.g., STEM OPT students) over other classes of nonimmigrant visa holders is unlikely to violate the INA’s prohibition against citizenship status discrimination.
Professor David J. Gerber elected president of the American Society of Comparative Law February 2016 Professor David J. Gerber, co-director of the Program in International and Comparative Law at Chicago-Kent College of Law at Illinois Institute of Technology, was elected president of the American Society of Comparative Law (ASCL) at the organization’s annual meeting in October in Dallas.
Recent cases October 2016 Summaries of recent cases of interest to international & immigration law practitioners.
Recent cases February 2016 Recent cases of interest to international & immigration law practitioners.
A red flag: Orders of Protection and deportability for resident aliens By Patrick M. Kinnally June 2016 Recent case law shows what may amount to misdemeanor or perhaps civil violations of protection orders may have far-reaching consequences including removal from the United States.
Removal proceedings: A right of cross-examination By Patrick M. Kinnally September 2016 A recent opinion from our Seventh Circuit Court of Appeals, Karroumeh v. Lynch, is a fair example of why cross examination in immigration cases is a safeguard immigration courts need to not only implement, but require.
“Short form” agreements under Arab Commercial Agency Law: Some legal and practical issues By Howard L. Stovall September 2016 In general, Arab businessmen tend to prefer shorter agreements than their Western counterparts. This article briefly discusses some of the implications of using such short form commercial agency agreements.
Staffing company may selectively use e-verify By Michael R. Lied February 2016 An employer that selectively creates E-Verify cases for employees based on citizenship status or national origin may violate the INA's anti-discrimination provision.
Taking a default By Daniel Kegan February 2016 Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.