| Author | Title | Citation | Summary | Year |
| Janel Thamkul |
The Plenary Power-shaped Hole in the Core Constitutional Law Curriculum: Exclusion, Unequal Protection, and American National Identity |
96 California Law Review 553 (April, 2008) |
This Article examines a profound shift in the concept of race. Although race is widely viewed as socially constructed through continuous struggles over meaning, its content has remained remarkably stable over time. Race, since the nation's founding, has been defined mainly by three social conditions: difference, denigration, and exclusion. Among... |
2013 |
| Ciara Torres-Spelliscy |
THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 |
96 New York University Law Review 1214 (October, 2021) |
This Article explores the importance of the Civil Rights Act of 1870 to the current debate over immigration federalism and the preemption of state and local immigration laws under the Supremacy Clause. The 1870 Act, enacted by the Reconstruction Congress after the Civil War, prohibits discrimination on the basis of alienage. The Article shows... |
2013 |
| Susan Bibler Coutin |
The Rights of Noncitizens in the United States |
7 Annual Review of Law and Social Science 289 (2011) |
This article investigates how lawyers manage legal and bureaucratic uncertainties associated with humanitarian immigration law by examining their representation of undocumented crime victims petitioning for U Visa status. Immigration attorneys craft dual narratives to persuade adjudicators that their clients qualify for and deserve this new legal... |
2013 |
| Mae M. Ngai |
The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965 |
21 Law and History Review 69 (Spring, 2003) |
This Article proposes that in 1957, the Supreme Court came close to applying Brown v. Board of Education to immigration law. In Brown, the Supreme Court held that school segregation was unconstitutional. Ultimately, Brown came to be understood as prohibiting almost all racial classifications. Meanwhile, in a line of cases exemplified by Chae Chan... |
2013 |
| By Margaret H. Taylor |
Detained Aliens Challenging Conditions of Confinement and the Porous Border of the Plenary Power Doctrine |
22 Hastings Constitutional Law Quarterly 1087 (Summer 1995) |
From 1882 until 1943, the Chinese Exclusion Era featured a combination of laws and rulings that prevented many Chinese immigrants from entering the United States or becoming citizens. Passed in 1882, the Chinese Exclusion Act marked the first time that the United States restricted immigration on the basis of race and nationality. For over sixty... |
2012 |
| Kevin R. Johnson |
Ten Guiding Principles for Truly Comprehensive Immigration Reform: a Blueprint |
55 Wayne Law Review 1599 (Winter, 2009) |
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend... |
2012 |
| |
ยง 6:6. National origin |
Government Discrimination: Equal Protection Law and Litigation 6:6 (2022) |
A growing number of states in the United States, including Georgia, have stepped into the area of immigration policy. While various rationales are given for this move, one must wonder what is really behind the drive to have states legislate in an area that has traditionally been reserved for the federal government. This Article explores the effect... |
2012 |
| Karla M. McKanders |
America's Disposable Youth: Undocumented Delinquent Juveniles |
59 Howard Law Journal 197 (Fall, 2015) |
As immigration reform efforts continue to experience fits and starts in Congress, immigrant and non-immigrant workers have joined together to advocate for immigration reform at the federal level and to protest the surge of exclusionary immigration measures at the state and local levels. These advocacy efforts demonstrate that many workers connect... |
2012 |
| Adina B. Appelbaum |
Challenging Crimmigration: Applying Padilla Negotiation Strategies Outside the Criminal Courtroom |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 217 (Fall, 2014) |
criminalization, exploitation, immigration enforcement, immigration law, moral panic, racialization Contrary to popular perceptions that immigration increases crime, the research literature demonstrates that immigration generally serves a protective function, reducing crime. This review takes as its starting point the contradiction between the... |
2012 |
| Margaret Hu |
Crimmigration-counterterrorism |
2017 Wisconsin Law Review 955 (2017) |
For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws... |
2012 |