| Author | Title | Citation | Summary | Year |
| J. Hafetz |
Immigration and National Security Law: Converging Approaches to State Power, Individual Rights, and Judicial Review |
18 ILSA Journal of International and Comparative Law 625 (Summer, 2012) |
Immigration law is constantly evolving. It is one of the most dynamic and multi-faceted areas of law. Specifically, in the space of asylum and refugee law, practitioners, immigration judges and our appellate courts face a daunting task of reconciling the law with the plethora of human misery that flock to our shores. The laws are plagued with... |
2011 |
| Louis Henkin |
Immigration and the Constitution: a Clean Slate |
35 Virginia Journal of International Law 333 (Fall, 1994) |
immigration, legalization, detention, deportation, criminalization, securitization Over the past three decades, sociolegal scholarship on the rights of noncitizens in the United States has sought to explain rights and exclusions while incorporating new theory regarding racialization, biopolitics, neoliberalism, risk, and states of exception. Early... |
2011 |
| |
Immigration Law--local Enforcement--massachusetts Supreme Judicial Court Holds That Local Law Enforcement Lacks Authority to Detain Pursuant to Ice Detainers.--lunn V. Commonwealth, 78 N.e.3d 1143 (Mass. 2017) |
131 Harvard Law Review 666 (December, 2017) |
In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona... |
2011 |
| Kerry Abrams |
Polygamy, Prostitution, and the Federalization of Immigration Law |
105 Columbia Law Review 641 (April, 2005) |
Introduction. 899 I. The Twenty-First Century as the Asian Century: Is There a There There?. 902 II. Fear of a Yellow Planet: Was the Twentieth Century the Asian Century?. 907 A. Prelude to the Asian Century: Harsh Nineteenth and Early- to Mid-Twentieth Century Immigration Policies Towards Asian Immigrants. 912 B. The Gentleman's Agreement of... |
2011 |
| Kevin R. Johnson |
Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? |
76 Oregon Law Review 347 (Summer 1997) |
Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the... |
2011 |
| Janet M. Calvo |
Spouse-based Immigration Laws: the Legacies of Coverture |
28 San Diego Law Review 593 (Summer, 1991) |
Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. In New Hampshire, California, and Florida, local police officers have used state criminal trespass laws to prosecute undocumented immigrants. For example, the New Hampshire criminal trespass laws provide that a... |
2011 |
| Kevin R. Johnson |
Symposium Introduction |
38 U.C. Davis Law Review 599 (March, 2005) |
Stinky is one ugly robot, a raggedy contraption constructed of crudely painted, cheap plastic pipes pasted together with gobs of the foul-smelling glue that gave the monstrosity its name. Stinky's creators didn't look all that impressive, either--four teenage guys in baggy pants and sneakers, all of them illegal Mexican immigrants attending Carl... |
2011 |
| Michael H. LeRoy |
The President's Immigration Powers: Migratory Labor and Racial Animus |
75 New York University Annual Survey of American Law 187 (2020) |
This article explores the politics of identification in immigration proceedings by examining the struggles over family-based immigration in South Korea in the context of ethnic Korean return migration from China. It focuses on micropolitical struggles in bureaucratic settings, analyzing how migrants and immigration bureaucrats struggle to... |
2011 |
| Alison Bashford, Jane McAdam |
The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law |
32 Law and History Review 309 (May, 2014) |
This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render... |
2011 |
| Gilbert Paul Carrasco , Iryna Zaverukha |
*Mercy Versus Fear, or Where the Law on Migration Stands |
40 Seattle University Law Review 1283 (Summer, 2017) |
120 years ago, in May 1889, the U.S. Supreme Court ruled that the power of exclusion of foreigners being an incident of sovereignty . . . cannot be granted away or restrained. Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that it is not within the... |
2010 |