| Author | Title | Citation | Summary | Year |
| David B. Oppenheimer, Swati Prakash, Rachel Burns |
Playing the Trump Card: the Enduring Legacy of Racism in Immigration Law |
26 Berkeley La Raza Law Journal 1 (2016) |
Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... |
2016 |
| Sarah Morando Lakhani |
Producing Immigrant Victims' "Right" to Legal Status and the Management of Legal Uncertainty |
38 Law and Social Inquiry 442 (Spring, 2013) |
Jenny-Brooke Condon's article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has... |
2016 |
| Victor Romero |
Race, Immigration, and the Department of Homeland Security |
19 Saint John's Journal of Legal Commentary 51 (Fall 2004) |
Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-- citizens and noncitizens--who have been convicted of... |
2016 |
| Claire A. Smearman |
Second Wives' Club: Mapping the Impact of Polygamy in U.s. Immigration Law |
27 Berkeley Journal of International Law 382 (2009) |
Racism in the United States has proven to be a remarkably recombinant ideology, ever shifting in its dominant practices and expressions, but invariably reproducing distinctions among people as justifications for preserving social distance. This article, through a recovery of the history of Hindu exclusion from the United States in the early... |
2016 |
| Tally Kritzman-Amir |
SWAB BEFORE YOU ENTER: DNA COLLECTION AND IMMIGRATION CONTROL |
56 Harvard Civil Rights-Civil Liberties Law Review 77 (Winter, 2021) |
Since the Supreme Court's 2015 decision in Johnson v. United States--a federal sentencing decision holding that the residual clause of the Armed Career Criminal Act was void for vagueness--the vagueness doctrine has quietly and quickly exploded in the legal landscape governing the immigration consequences of crime. On September 29, 2016, the... |
2016 |
| Erin E. Stefonick |
The Alienability of Alien Suffrage: Taxation Without Representation in 2009 |
10 Florida Coastal Law Review 691 (Summer 2009) |
The circuits are currently split as to whether undocumented immigrants are entitled to Second Amendment rights. In 2015, the U.S. Court of Ap' peals for the Seventh Circuit in U.S. v. Meza-Rodriguez became the first circuit to explicitly hold that undocumented immigrants are part of the people referred to in the U.S. Constitution. This... |
2016 |
| Victor C. Romero |
The Congruence Principle Applied: Rethinking Equal Protection Review of Federal Alienage Classifications after Adarand Constructors, Inc. V. Peña |
76 Oregon Law Review 425 (Summer 1997) |
The image of a hotel with each floor representing different immigration statuses provides a way to introduce the confounding immigration system we have in the United States, on both technical and policy levels. The imagery of the hotel helps to explain how one gets into the immigration hotel (the admissions process) and also how one gets kicked out... |
2016 |
| Charles P. Reichmann |
Anti-chinese Racism at Berkeley: the Case for Renaming Boalt Hall |
25 Asian American Law Journal 5 (2018) |
Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the... |
2015 |
| Reginald Leamon Robinson |
The Other Against Itself: Deconstructing the Violent Discourse Between Korean and African Americans |
67 Southern California Law Review 15 (November, 1993) |
There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... |
2015 |
| Laurence C. Nolan |
Yellow: Race in America Beyond Black and White--an Interesting Read for the Great Dissenter in Plessy V. Ferguson |
47 Howard Law Journal 87 (Fall 2003) |
With its plenary power doctrine, the Supreme Court erred by rejecting the universal in favor of the particular. Liberal immigration theorists, on the other hand, make the opposite error by rejecting the particular in favor of the universal. Drawing on classic international law publicists and the Catholic philosophical tradition, this essay argues... |
2015 |