| Author | Title | Citation | Summary | Year |
| Stuart Chinn |
Trump and Chinese Exclusion: Contemporary Parallels with Legislative Debates over the Chinese Exclusion Act of 1882 |
84 Tennessee Law Review 681 (Spring, 2017) |
Through a discourse analysis of the 1886 decision of Yick Wo v. Hopkins, this Essay critically examines the decision's capacity to provide terms for reconciling a coming global order with the political protections of the Constitution, especially the protections of the Fourteenth Amendment. That reconciliation involves the protected rights of... |
2014 |
| Donald S. Dobkin |
Challenging the Doctrine of Consular Nonreviewability in Immigration Cases |
24 Georgetown Immigration Law Journal 113 (Winter, 2010) |
Crimmigration, the nexus of criminal and immigration law, means that each year, hundreds of thousands of noncitizens are arrested for minor or nonviolent crimes, convicted in criminal court, placed in immigration court deportation proceedings, and deported. The U.S. government has criminalized immigrants at an increasing rate over time, and law... |
2014 |
| Jonathan Riedel |
MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS |
45 American Indian Law Review 211 (2021) |
Introduction. 106 I. DACA, Prosecutorial Discretion, and Youngstown. 114 A. DACA and the DREAM Act. 114 B. DACA Meets Youngstown. 116 1. Prosecutorial Discretion in Immigration Law. 117 2. Why Prosecutorial Discretion Cannot Support DACA. 122 II. Protection of Intending Citizens and Presidential Stewardship. 128 A. The Neutrality Proclamation and... |
2014 |
| Milton Vickerman |
Post-1965 Immigration and Assimilation: a Response to Randy Capps |
14 Virginia Journal of Social Policy and the Law 206 (Winter 2007) |
INTRODUCTION. 900 I. THE SHIFTING HISTORY OF IMMIGRATION AND IMMIGRATION RHETORIC. 902 A. Complicated Early Immigration History. 902 1. Founding Through 1880s. 903 2. 1880s Through 1965. 904 B. Attempting to Make Immigration a Civil Rights Issue: The 1965 Immigration Act. 905 C. Formal Equality, Functional Inequality Since 1965. 908 II. REFORM... |
2014 |
| Kevin R. Johnson |
Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique |
2000 University of Illinois Law Review 525 (2000) |
Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant's right of... |
2014 |
| Erik Camayd-Freixas, Ph.D. |
Raids, Rights and Reform: the Postville Case and the Immigration Crisis |
2 DePaul Journal for Social Justice 1 (Fall 2008) |
My whole nature responds to the principle of equality of all men before the law, as well as to the principle of the equal protection by the laws for everyone in his personal and property rights. - John Marshall Harlan [T]o be labeled a prophet is to be held to an impossible standard. In many ways, Harlan's views fell short of our current notions... |
2014 |
| Daniel J. Tichenor, Alexandra Filindra |
Raising Arizona V. United States: Historical Patterns of American Immigration Federalism |
16 Lewis & Clark Law Review 1215 (Winter, 2012) |
No doubt local efforts to control immigration are on the rise. Arizona's Senate Bill 1070 is the most well-known example of this trend, though other examples exist as well. Most existing criticism attacks such efforts as violating the supposed exclusive federal control of the immigration sphere Yet, such arguments, in part, are based upon a myth... |
2014 |
| Irene Scharf |
Second Class Citizenship? The Plight of Naturalized Special Immigrant Juveniles |
40 Cardozo Law Review 579 (December, 2018) |
Punitive school discipline procedures have increasingly taken hold in America's schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more,... |
2014 |
| Peter A. Le Piane |
Stateless Corporations: Challenges the Societas Europaea Presents for Immigration Laws |
18 Saint John's Journal of Legal Commentary 311 (Fall 2003) |
Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the... |
2014 |
| Brendan Lee |
The (New) New Colossus: Amending the Investor Visa Program to Comport with the Mandate of the United States' Immigration Policy and Benefit U.s. Workers |
30 Journal of Civil Rights & Economic Development 63 (Fall, 2017) |
The Article explores the state of immigrant battered women in the United States, focusing on how their identity as a politically and culturally marginalized community impacts the measure of help that they receive. Specifically, the Article examines the 2012-2013 Violence Against Women Act (VAWA) reauthorization debate as an example of how... |
2014 |