| Author | Title | Citation | Summary | Year |
| Susan K. Serrano |
Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity |
20 Southern California Review of Law & Social Justice 353 (Summer 2011) |
Donald Trump's presidential victory in November has prompted much public commentary about American political dynamics and about the future of American democracy. Given these inquiries, this paper is timely in aiming to reexamine, through a comparative-historical lens, one of the most prominent parts of Trump's campaign and one of the biggest points... |
2017 |
| Shani M. King |
CONTEXTUALIZING (CHILDREN'S) IMMIGRATION IN LAW, HISTORY, THEORY AND POLITICS |
2022 Michigan State Law Review 187 (2022) |
Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in United States history and jurisprudence. The Department of Homeland Security (DHS) regulates immigrant work through a system of employment authorization and sanctions on employers who hire unauthorized... |
2017 |
| David Manuel Hernández, UCLA |
Deportation Nation: Outsiders in American History. By Daniel Kanstroom. Cambridge, Ma: Harvard University Press, 2007. Pp. 352. $47.50 Cloth |
44 Law and Society Review 202 (March, 2010) |
For the past quarter century, the plenary power doctrine of immigration law-- under which courts suspended ordinary standards of judicial review to defer to the political branches on questions relating to the exclusion, detention, and deportation of noncitizens--has been in decline. The conventional account attributes this development to the... |
2017 |
| |
Developments in the Law Immigration and Nationality |
66 Harvard Law Review 643 (February, 1953) |
Give me your hired, your entrepreneur, Your upper classes willing to pay a fee . Taken as a whole, the United States' relationship with immigration has been a paradox. On one hand, the United States has been a melting pot--the place where peoples from across the globe have converged to form our unique cultural heritage. Indeed, our nation owes... |
2017 |
| Jayesh M. Rathod |
Distilling Americans: the Legacy of Prohibition on U.s. Immigration Law |
51 Houston Law Review 781 (Winter, 2014) |
I was a stranger and you welcomed me, I was naked and you clothed me. (Mt 25:35-36). C1-2Contents Introduction 1284 I. The Evolution of Federal Law from Fear to Mercy and Its Regression to Fear 1287 A. The Historical Fear of the Other in American Immigration Law 1287 B. The Zenith of Mercy in American Immigration Law 1291 C. The Downward Spiral... |
2017 |
| Sherally Munshi |
Immigration, Imperialism, and the Legacies of Indian Exclusion |
28 Yale Journal of Law & the Humanities 51 (Winter, 2016) |
In recent years, many conservatives have come to favor a highly restrictionist approach to immigration policy. But that position is in conflict with their own professed commitment to principles such as free markets, liberty, colorblindness, and enforcing constitutional limits on the power of the federal government. These values ultimately all... |
2017 |
| Neil Gotanda |
New Directions in Asian American Jurisprudence |
17 Asian American Law Journal 5 (2010) |
Introduction. 180 I. Problem Overview. 184 A. The Border Crisis. 186 1. Causes of the Influx of Unaccompanied Immigrant Children. 186 2. Legislative and Executive Responses to the Border Crisis. 190 B. The Due Process Disparity. 195 II. Unaccompanied Immigrant Children Have Both a Constitutional and Statutory Entitlement to Full Due Process... |
2017 |
| Deborah A. Morgan |
Not Gay Enough for the Government: Racial and Sexual Stereotypes in Sexual Orientation Asylum Cases |
15 Law and Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 135 (2006) |
Introduction. 2 I. Institutionalized Discrimination in Immigration and Asylum Law. 4 A. Sexual and Racial Exclusions in U.S. Immigration Law. 5 1. Discrimination Against LGBTQ Immigrants. 7 2. Racial Exclusions. 11 B. U.S. and International Asylum Law: Ill-Fit for LGBTQ People. 14 1. The Quintessential Refugee is Not Queer. 15 2. The Process of... |
2017 |
| Kevin R. Johnson |
The Antiterrorism Act, the Immigration Reform Act, and Ideological Regulation in the Immigration Laws: Important Lessons for Citizens and Noncitizens |
28 Saint Mary's Law Journal 833 (1997) |
The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of crimmigration-counterterrorism: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced... |
2017 |
| Kif Augustine-Adams |
The Plenary Power Doctrine after September 11 |
38 U.C. Davis Law Review 701 (March, 2005) |
This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... |
2017 |