| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| Anthony J. DeMattee , Matthew J. Lindsay , Hallie Ludsin |
AN UNREASONABLE PRESUMPTION: THE NATIONAL SECURITY/FOREIGN AFFAIRS NEXUS IN IMMIGRATION LAW |
88 Brooklyn Law Review 747 (Spring, 2023) |
For well over a century, immigration governance has occupied a constitutionally unique niche within American public law, where it is subject to substantially weaker constitutional constraints than apply in virtually every other context. When the federal government banishes a noncitizen from the country or detains her for months or years at a time,... |
2024 |
|
| Jonathan C. Augustine |
AND WHO IS MY NEIGHBOR?: A FAITH-BASED ARGUMENT FOR IMMIGRATION POLICY REFORM IN WELCOMING UNDOCUMENTED REFUGEES |
66 Howard Law Journal 439 (Spring, 2023) |
When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as a citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt. The January 6, 2021 insurrection at the Capitol in Washington, DC, revealed several things about the United States. In... |
2024 |
|
| Judy Tzu-Chun Wu , Ji Li |
CHINESE IMMIGRANT LEGAL MOBILIZATION IN THE UNITED STATES: THE 2020 EXECUTIVE BAN ON WECHAT AND CIVIL RIGHTS IN A DIGITAL AGE |
30 Asian American Law Journal 51 (2023) |
On August 6, 2020, then U.S. President Donald Trump issued an executive order banning WeChat, the most popular social messaging app in China and the fifth most popular in the world. The President evoked national security as the justification for the ban. In the context of the COVID-19 pandemic and rising U.S.-China tensions, the public perceived... |
2024 |
Yes |
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
|
| Taylor Smith |
COVID-19: A XENOPHOBIC PANDEMIC--A GUIDE TO DECREASE THE NUMBER OF HATE CRIMES DIRECTED TOWARDS ASIAN AMERICANS AND PACIFIC ISLANDERS |
25 Loyola Journal of Public Interest Law 107 (Spring, 2024) |
Once an unprecedented pandemic, COVID-19, was characterized as the Chinese Virus and the Kung Flu by former President Trump, centuries-old xenophobic attitudes and racial injustices towards Asian Americans and Pacific Islanders (AAPIs) were reignited with a dramatic increase in hate incidents and crimes. However, unlike COVID-19, there is... |
2024 |
Yes |
| Kristine Quint |
FAULT LINES OF IMMIGRATION FEDERALISM: UNITED STATES v. TEXAS AND THE REVERSE-COMMANDEERING OF IMMIGRATION ENFORCEMENT POWER |
27 Lewis & Clark Law Review 991 (2023) |
Federal supremacy over immigration enforcement is a primary tenet of U.S. immigration law. Despite this, states are now routinely, and often successfully, blocking executive immigration policy in federal court. One such case is United States v. Texas, in which the states argue that the Biden administration's enforcement priority guidelines inflict... |
2024 |
|
| Leo Yu |
FROM CRIMINALIZING CHINA TO CRIMINALIZING THE CHINESE |
55 Columbia Human Rights Law Review 45 (Fall, 2023) |
Many scholars have studied the racialization of Asian Americans and found that perpetual foreignness stands at the core of their ascriptive identity. This identity was formed in the 19th century and is also closely related to the dominant society's racial understanding of the Chinese'--which refers, for the purposes of this Article, to people of... |
2024 |
Yes |
| Sandra L. Rierson |
FROM DRED SCOTT TO ANCHOR BABIES: WHITE SUPREMACY AND THE CONTEMPORARY ASSAULT ON BIRTHRIGHT CITIZENSHIP |
38 Georgetown Immigration Law Journal 1 (Fall, 2023) |
[W]e remain imprisoned by the past as long as we deny its influence in the present. Section 1 of the Fourteenth Amendment guarantees birthright citizenship: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Unrestricted... |
2024 |
|
| Andy Z. Lei |
FROM RAILROADS TO REAL ESTATE: THE LEGACY OF EXCLUSION REVIVED IN NEW ALIEN LAND LAWS |
26 Asian-Pacific Law and Policy Journal 102 (Fall, 2024) |
I. Introduction. 103 II. Roots of Restriction. 106 A. The Chinese Exclusion Acts. 107 B. Alien Land Laws. 112 C. National Security Through the Echoes of Korematsu v. United States. 117 III. From Past to Present: Analyzing Modern Legislation. 122 A. New Alien Land Laws. 123 B. Shen v. Simpson. 128 IV. Judicial Scrutiny in Evaluating National... |
2024 |
Yes |
| Andrew Tae-Hyun Kim |
IMMIGRANT TORTS |
57 U.C. Davis Law Review 1059 (December, 2023) |
In 2022, the Supreme Court effectively gutted a long-standing constitutional remedy for torts committed by federal officers. In the process, it seemingly immunized even the most serious abuses committed by Border Patrol agents. Such dramatic legal transformation has occurred despite--and perhaps because of--the soaring numbers of migrants at the... |
2024 |
|
| Lindsay Nash |
INVENTING DEPORTATION ARRESTS |
121 Michigan Law Review 1301 (June, 2023) |
At the dawn of the federal deportation system, the nation's top immigration official proclaimed the power to authorize deportation arrests an extraordinary one to vest in administrative officers. He reassured the nation that this immense power--then wielded by a cabinet secretary, the only executive officer empowered to authorize these... |
2024 |
|
| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2024 |
|
| Ana M. Rodriguez |
MOTHER OF EXILES: HOSPITALITY & COMPREHENSIVE IMMIGRATION REFORM |
43 Journal of the National Association of Administrative Law Judiciary 232 (Spring, 2023) |
C1-2Table of Contents Introduction. 234 I. COVID-19 and Title 42's End of Asylum. 236 A. Title 42: The Trump Administration. 239 B. Title 42: The Biden Administration. 242 II. Xenophobia Cloaked in Morality, Health, and Safety. 245 A. Historic Immigration Policy Against Non-White Immigrants. 245 1. Legislation Against Chinese Immigrants. 248 2.... |
2024 |
Yes |
| Ahilan T. Arulanantham |
REVERSING RACIST PRECEDENT |
112 Georgetown Law Journal 439 (March, 2024) |
The Supreme Court has long read the Constitution to prohibit state action motivated by racial animus. Courts have applied that prohibition to various forms of governmental decisionmaking, from the individual decisions of judicial officers to constitutional amendments enacted by states. Yet courts have not applied it to their own precedent. No... |
2024 |
|
| Rosa S. Felibert |
SHOPPING ON THIN ICE: VENUE LIMITS ON ICE DETENTION TRANSFERS TO PREVENT FORUM SHOPPING |
65 Boston College Law Review 1099 (March, 2024) |
Abstract: U.S. Immigration and Customs Enforcement (ICE), the federal agency that manages the world's largest civil immigration detention system, transfers hundreds of detained noncitizens to different detention centers every day at its sole discretion and for any reason, typically without advising the noncitizen's counsel or family. This unchecked... |
2024 |
|
| Kevin R. Johnson |
TEACHING RACIAL AND SOCIAL JUSTICE IN THE IMMIGRATION LAW SURVEY COURSE |
67 Saint Louis University Law Journal 473 (Spring, 2023) |
This article makes the case for integrating racial and social justice in teaching the immigration law survey course. Part I briefly highlights the systemic injustices generated by the operation of the contemporary U.S. immigration laws and their enforcement. Part II considers the benefits of teaching immigration law through a racial and social... |
2024 |
|
| Ilya Somin |
THE CASE FOR EXPANDING THE ANTICANON OF CONSTITUTIONAL LAW |
2023 Wisconsin Law Review 575 (2023) |
The anticanon of constitutional law is an underappreciated constraint on judicial discretion. Some past decisions are so reviled that no judge can issue analogous rulings today, without suffering massive damage to their reputation. This Essay argues for expanding the anti-canon and proposes three worthy new candidates: The Chinese Exclusion Case,... |
2024 |
Yes |
| Adam B. Cox |
THE INVENTION OF IMMIGRATION EXCEPTIONALISM |
134 Yale Law Journal 329 (November, 2024) |
American immigration law is a domain where ordinary constitutional rules have never applied. At least, that is the conventional wisdom. Immigration law's exceptionalism is widely believed to flow directly from the Supreme Court's invention, in the late nineteenth century, of the so-called plenary power doctrine. On the standard account, that... |
2024 |
|
| Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2024 |
|
| Kevin R. Johnson |
THE MEANING AND SIGNIFICANCE OF CRITICAL IMMIGRATION LEGAL THEORY |
104 Boston University Law Review 1573 (October, 2024) |
Critical Immigration Legal Theory by Kathleen Kim, Kevin Lapp, and Jennifer J. Lee identifies Critical Immigration Legal Theory (CILT) as a distinct body of immigration scholarship bringing critical legal analysis to bear on U.S. immigration law and policy. CILT analyzes how immigration law and policy function to subordinate noncitizens of color,... |
2024 |
|
| Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2024 |
|
| Monika Batra Kashyap |
A CRITICAL RACE FEMINISM CRITIQUE OF IMMIGRATION LAWS THAT EXCLUDE SEX WORKERS: MOVING FROM THEORY TO PRAXIS |
38 Berkeley Journal of Gender, Law & Justice 52 (2023) |
This Article is the first to apply a critical race feminism (CRF) critique to the current immigration law in the United States, Immigration and Nationality Act (INA) § 212(a)(2)(D)(i), which excludes immigrants for engaging in sex work. This Article will use critical historical methodology to center the role of women of color as the primary targets... |
2023 |
|
| Anthony J. DeMattee , Matthew J. Lindsay , Hallie Ludsin |
AN UNREASONABLE PRESUMPTION: THE NATIONAL SECURITY/FOREIGN AFFAIRS NEXUS IN IMMIGRATION LAW |
88 Brooklyn Law Review 747 (Spring, 2023) |
For well over a century, immigration governance has occupied a constitutionally unique niche within American public law, where it is subject to substantially weaker constitutional constraints than apply in virtually every other context. When the federal government banishes a noncitizen from the country or detains her for months or years at a time,... |
2023 |
|
| Jonathan C. Augustine |
AND WHO IS MY NEIGHBOR?: A FAITH-BASED ARGUMENT FOR IMMIGRATION POLICY REFORM IN WELCOMING UNDOCUMENTED REFUGEES |
66 Howard Law Journal 439 (Spring, 2023) |
When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as a citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt. The January 6, 2021 insurrection at the Capitol in Washington, DC, revealed several things about the United States. In... |
2023 |
|
| Judy Tzu-Chun Wu , Ji Li |
CHINESE IMMIGRANT LEGAL MOBILIZATION IN THE UNITED STATES: THE 2020 EXECUTIVE BAN ON WECHAT AND CIVIL RIGHTS IN A DIGITAL AGE |
30 Asian American Law Journal 51 (2023) |
On August 6, 2020, then U.S. President Donald Trump issued an executive order banning WeChat, the most popular social messaging app in China and the fifth most popular in the world. The President evoked national security as the justification for the ban. In the context of the COVID-19 pandemic and rising U.S.-China tensions, the public perceived... |
2023 |
yes |
| Kristine Quint |
FAULT LINES OF IMMIGRATION FEDERALISM: UNITED STATES v. TEXAS AND THE REVERSE-COMMANDEERING OF IMMIGRATION ENFORCEMENT POWER |
27 Lewis & Clark Law Review 991 (2023) |
Federal supremacy over immigration enforcement is a primary tenet of U.S. immigration law. Despite this, states are now routinely, and often successfully, blocking executive immigration policy in federal court. One such case is United States v. Texas, in which the states argue that the Biden administration's enforcement priority guidelines inflict... |
2023 |
|
| Sandra L. Rierson |
FROM DRED SCOTT TO ANCHOR BABIES: WHITE SUPREMACY AND THE CONTEMPORARY ASSAULT ON BIRTHRIGHT CITIZENSHIP |
38 Georgetown Immigration Law Journal 1 (Fall, 2023) |
[W]e remain imprisoned by the past as long as we deny its influence in the present. Section 1 of the Fourteenth Amendment guarantees birthright citizenship: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Unrestricted... |
2023 |
|
| Andrew Tae-Hyun Kim |
IMMIGRANT TORTS |
57 U.C. Davis Law Review 1059 (December, 2023) |
In 2022, the Supreme Court effectively gutted a long-standing constitutional remedy for torts committed by federal officers. In the process, it seemingly immunized even the most serious abuses committed by Border Patrol agents. Such dramatic legal transformation has occurred despite--and perhaps because of--the soaring numbers of migrants at the... |
2023 |
|
| Fatma Marouf |
IMMIGRATION LAW'S MISSING PRESUMPTION |
111 Georgetown Law Journal 983 (May, 2023) |
The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption... |
2023 |
|
| Lindsay Nash |
INVENTING DEPORTATION ARRESTS |
121 Michigan Law Review 1301 (June, 2023) |
At the dawn of the federal deportation system, the nation's top immigration official proclaimed the power to authorize deportation arrests an extraordinary one to vest in administrative officers. He reassured the nation that this immense power--then wielded by a cabinet secretary, the only executive officer empowered to authorize these... |
2023 |
|
| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2023 |
|
| Ana M. Rodriguez |
MOTHER OF EXILES: HOSPITALITY & COMPREHENSIVE IMMIGRATION REFORM |
43 Journal of the National Association of Administrative Law Judiciary 232 (Spring, 2023) |
C1-2Table of Contents Introduction. 234 I. COVID-19 and Title 42's End of Asylum. 236 A. Title 42: The Trump Administration. 239 B. Title 42: The Biden Administration. 242 II. Xenophobia Cloaked in Morality, Health, and Safety. 245 A. Historic Immigration Policy Against Non-White Immigrants. 245 1. Legislation Against Chinese Immigrants. 248 2.... |
2023 |
yes |
| Kevin R. Johnson |
TEACHING RACIAL AND SOCIAL JUSTICE IN THE IMMIGRATION LAW SURVEY COURSE |
67 Saint Louis University Law Journal 473 (Spring, 2023) |
This article makes the case for integrating racial and social justice in teaching the immigration law survey course. Part I briefly highlights the systemic injustices generated by the operation of the contemporary U.S. immigration laws and their enforcement. Part II considers the benefits of teaching immigration law through a racial and social... |
2023 |
|
| Ilya Somin |
THE CASE FOR EXPANDING THE ANTICANON OF CONSTITUTIONAL LAW |
2023 Wisconsin Law Review 575 (2023) |
The anticanon of constitutional law is an underappreciated constraint on judicial discretion. Some past decisions are so reviled that no judge can issue analogous rulings today, without suffering massive damage to their reputation. This Essay argues for expanding the anti-canon and proposes three worthy new candidates: The Chinese Exclusion Case,... |
2023 |
yes |
| Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2023 |
|
| Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2023 |
|
| Joan Fitzpatrick , William Mckay Bennett |
A Lion in the Path? The Influence of International Law on the Immigration Policy of the United States |
70 Washington Law Review 589 (July, 1995) |
Abstract Introduction I. The Ethno-Nationalist Roots of the United States Asylum System A. Pre-World War II: The Foundation a. The Chinese Exclusion Era b. National Origin Quotas and the Undesirable Aliens Act B. The Aftermath of World War II a. From 1967 to 1980, the United States Failed its Signatory Obligations b. 1980: Incorporation of the... |
2022 |
Yes |
| Nancy Chung Allred |
Asian Americans and Affirmative Action: from Yellow Peril to Model Minority and Back Again |
14 Asian American Law Journal 57 (May, 2007) |
C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... |
2022 |
|
| Joe A. Tucker |
Assimilation to the United States: a Study of the Adjustment of Status and the Immigration Marriage Fraud Statutes |
7 Yale Law and Policy Review 20 (1989) |
C1-2Table of Contents Introduction. 2474 I. Background. 2479 A. Plenary Power and the Erosion of Federal Exclusivity Over Immigration. 2479 1. Traditional Understandings of Plenary Power. 2479 2. The Shift from Plenary Power to the Recognition of State Authority in Protecting Immigrants. 2481 B. Pardon Powers and State Sovereignty. 2483 1. Origins... |
2022 |
|
| Mohar Ray |
Can I See Your Papers? Local Police Enforcement of Federal Immigration Law Post 9/11 and Asian American Permanent Foreignness |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 197 (Winter, 2005) |
China has been excluded from participation in the International Space Station (ISS) since 2011. The exclusion was codified into law by the Wolf Amendment (2011), which was passed in Congress to restrict extensively, based on financial constraints, the National Aeronautics and Space Administration (NASA) and the Office of Science and Technology... |
2022 |
|
| Maritza I. Reyes |
Constitutionalizing Immigration Law: the Vital Role of Judicial Discretion in the Removal of Lawful Permanent Residents |
84 Temple Law Review 637 (Spring 2012) |
Ever since Strauder v. West Virginia, where the Court cited discrimination against Celtic Irishmen, perhaps confusing that status with that of a racial minority, the Court has treated national origin discrimination as similar to race discrimination. No national origin-based discrimination has been sustained since World War II. The Court imposes... |
2022 |
|
| Felice Batlan |
Déjà Vu and the Gendered Origins of the Practice of Immigration Law: the Immigrants' Protective League, 1907-40 |
36 Law and History Review 713 (November, 2018) |
For the past century, the Supreme Court has skeptically scrutinized Congress's power to enact healthcare laws and other domestic legislation, insisting that nothing in the Constitution gives Congress a general power to regulate an individual from cradle to grave. Yet when Congress regulates immigrants, the Court has contradictorily assumed that... |
2022 |
|
| Bill Ong Hing |
No Place for Angels: in Reaction to Kevin Johnson |
2000 University of Illinois Law Review 559 (2000) |
Introduction. 188 I. Othering--A Brief Interpretation. 192 II. The Child as an Other. 194 A. Children as Others: Dependency (Nonadults) in Immigration Law. 198 B. Children as Others: Their Alienage or the Alienage of Their Parents in Family Law. 210 C. Repetition of Othering Narratives in Application of Welfare and Education Laws. 213 III. A... |
2022 |
|
| Chloe Meade |
The Border Search Exception in the Modern Era: an Exploration of Tensions Between Congress, the Supreme Court, and the Circuits |
26 Boston University Journal of Science and Technology Law 189 (Winter, 2020) |
The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of Chinese descent living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible... |
2022 |
Yes |
| Lucas Guttentag |
The Forgotten Equality Norm in Immigration Preemption: Discrimination, Harassment, and the Civil Rights Act of 1870 |
8 Duke Journal of Constitutional Law & Public Policy 1 (2013) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |
|
| Zainab Ramahi |
The Muslim Ban Cases: a Lost Opportunity for the Court and a Lesson for the Future |
108 California Law Review 557 (April, 2020) |
The United States relies, in part, on certain criminal convictions to determine which noncitizens are deportable. The specific types of criminal convictions subjecting an individual to deportation proceedings are found in the Immigration and Nationality Act (INA). However, the INA only lists categories and types of crimes that trigger deportation.... |
2022 |
|
| Gabriel J. Chin |
The Plessy Myth: Justice Harlan and the Chinese Cases |
82 Iowa Law Review 151 (October, 1996) |
This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... |
2022 |
Yes |
| Mila Sohoni |
The Trump Administration and the Law of the Lochner Era |
107 Georgetown Law Journal 1323 (May, 2019) |
This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S.... |
2022 |
Yes |
| Sophie Kosmacher |
WHEN DOES QUESTIONING RELATED TO IMMIGRATION STATUS CONSTITUTE A MIRANDA INTERROGATION? |
69 UCLA Law Review Discourse 80 (2021) |
When Asian immigrants first reached American shores in substantial numbers during the late 1800s, they were faced with a country that barely recognized Black citizens and a system that continually reinforced a Black--White binary. If Asian Americans wanted to attempt to obtain protections for themselves, they could not do so by asserting that those... |
2022 |
|
| Julian Wonjung Park |
A More Meaningful Citizenship Test? Unmasking the Construction of a Universalist, Principle-based Citizenship Ideology |
96 California Law Review 999 (August, 2008) |
ABSTRACT: National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... |
2021 |
|