National Origin Discrimination in New Cuba Travel Policy?

medina medina at loyno.edu
Tue Apr 14 06:19:55 PDT 2009


Isn't the change in policy, however, limited to Cuban
Americans with relatives in Cuba?  So not all Cuban
Americans are free to travel to Cuba, just those with
relatives?

M. Isabel Medina
Loyola New Orleans

----- Original Message Follows -----
From: "Scarberry, Mark" <Mark.Scarberry at pepperdine.edu>
To: <conlawprof at lists.ucla.edu>
Subject: National Origin Discrimination in New Cuba Travel
Policy?
Date: Mon, 13 Apr 2009 17:36:54 -0700

> >From the NY Times
> (nytimes.com/2009/04/14/world/americas/14cuba.html?hp):
> 
> "Under the new policy, Cuban Americans will now be allowed
> to travel freely to the island and send as much money as
> they want to their family members - so long as the money
> is not going to senior officials of the Cuban government
> or the Communist Party."
> 
> Does this create a travel policy that discriminates based
> on the national origin of Americans who seek to travel? I
> wonder whether such discrimination could survive scrutiny
> under the equal protection component of the Fifth
> Amendment's Due Process clause.
> 
> Mark S. Scarberry
> Pepperdine University School of Law
>  
> 
> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu
> [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of
> Gilbert, Lauren Sent: Monday, April 13, 2009 9:25 AM
> To: conlawprof at lists.ucla.edu
> Subject: Dean Harold Hongju Koh's Nomination as Legal
> Advisor
> 
> I apologize if this has already been posted, but I hadn't
> seen it earlier on the Listserve and thought it might be
> of interest to our members.  Prof. Ronald Slye at Seattle
> University School of Law is asking law professors to
> endorse a letter signed earlier by a number of
> Constitutional Law and International Law professors
> supporting Dean Koh's nomination as State Department Legal
> Advisor.  The letter and the mechanism for endorsing it
> can be found at the blog site below. 
> 
>
http://www.law.seattleu.edu/faculty/dean_koh_nomination.xml
> 
> 
> Best,
> 
> Lauren Gilbert
> Associate Professor of Law
> St. Thomas University School of Law
> 
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