| Author | Title | Citation | Summary | Year |
| Leo Yu |
REVIVING EXCLUSION |
12 Texas A&M Law Review 1683 (Spring, 2025) |
Over a century ago, 15 states enacted alien land laws designed to deprive Japanese immigrants of property rights. It took half a century for these laws to be repealed. Today, alien land laws are experiencing a strong revival in America. Twelve states have enacted new versions targeting the Chinese community, with seventeen states preparing to... |
2025 |
| Jennifer M. Chacón |
LOVING'S BORDERS |
113 California Law Review 1075 (June, 2025) |
In a term filled with high-profile cases, Department of State v. Muñoz did not receive high-profile treatment. But the case was a critically important successor to Dobbs v. Jackson Women's Health Organization. In Muñoz, the Court continued efforts, launched in Dobbs, to shrink the protective force of the Due Process Clause. Even more significantly,... |
2025 |
| Matthew Boaz |
THE MIGRATION OF ABOLITION THEORY |
103 North Carolina Law Review 385 (January, 2025) |
This Article considers whether and how theories of abolition developed by criminal law scholars are transferrable to the realm of immigration enforcement. A key question is how abolitionist principles might be employed in support of critiques of the United States' immigration regulatory regime in the same way that these principles have been... |
2025 |
| Karla McKanders |
THE RACIALIZED RETALIATORY STATE: WEAPONIZING IMMIGRATION LAW TO CRIMINALIZE DISSENT |
32 William and Mary Journal of Race, 63 Gender, and Social Justice(Fall, 2025) |
Just days before his ICE arrest in February 2019, 21 Savage, birth name-- She'yaa Bin Abraham-Joseph--a British-born American rapper of Caribbean descent--performed a song on The Tonight Show that included lyrics critical of family separations at the United States-Mexico border and other injustices: The gas was off, so we had to boil up the... |
2025 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |