AuthorTitleCitationSummaryYear
Girardeau A. Spann Just Do it 67-SUM Law and Contemporary Problems 11 (Summer 2004) In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by... 2007
Kenneth L. Karst Paths to Belonging: the Constitution and Cultural Identity 64 North Carolina Law Review 303 (January, 1986) Introduction. 346 I. Immigration, Gender, and Sexuality in U.S. History: A History of Early American Immigration Law up to the Mid-20th Century. 347 II. From McCarthyism to 1990: Conceiving and Crafting the Exclusion of LGBT Immigrants. 351 A. 1950s-1967: Immigration Laws Affecting Homosexuals During the Cold War. 352 B. 1967-1983: A Summary of... 2007
Michael J. Wishnie Prohibiting the Employment of Unauthorized Immigrants: the Experiment Fails 2007 University of Chicago Legal Forum 193 (2007) Justice Clarence Thomas insists upon a moral and constitutional equivalence between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality. This asserted congruence between Jim Crow laws and affirmative action seems intellectually indefensible--but it is now a... 2007
Elizabeth Keyes Race and Immigration, Then and Now: How the Shift to "Worthiness" Undermines the 1965 Immigration Law's Civil Rights Goals 57 Howard Law Journal 899 (Spring 2014) Lawyers and policy experts within the Latino community need to foster cultural responsibility for immigration reform by participating in the policy dialogue. Although Latino lawyers do not represent the broad American population, they do represent American communities that have been discriminated against because of their cultural and racial... 2007
Mary M. Sevandal Special Registration: Discrimination in the Name of National Security 8 Journal of Gender, Race and Justice 735 (Winter 2005) Sharon McKnight, a New York resident who is a United States citizen of Jamaican descent, was taken into custody and handcuffed by the Immigration and Naturalization Service (INS) upon her arrival at New York's John F. Kennedy International Airport on June 10, 2000. The INS officials at the airport took McKnight into custody because they... 2007
Peter Margulies Taking Care of Immigration Law: Presidential Stewardship, Prosecutorial Discretion, and the Separation of Powers 94 Boston University Law Review 105 (January, 2014) Thank you, Marcela, and thank you very much to Boalt Hall for hosting this symposium and inviting me and Eve Hernandez to speak today about some burning issues in the area of global migration. I should tell you that I'm kind of an unusual government official. Most of my work, prior to coming to the EEOC was in defense of immigrants. I did a lot of... 2007
JORGE A. VARGAS U.s. Border Patrol Abuses, Undocumented Mexican Workers, and International Human Rights 2 San Diego International Law Journal 1 (2001) Throughout history, the U.S. government has claimed to stand by a strong policy of family reunification. After providing a brief overview of U.S. immigration policy and regulation since the 1800s, this Comment examines the existing statutory framework for family reunification. The author argues that legislation passed by the U.S. Senate in late-May... 2007
Matthew J. Lindsay The Perpetual "Invasion": past as Prologue in Constitutional Immigration Law 23 Roger Williams University Law Review 369 (Spring, 2018) This article applies theories of legal compliance to analyze the making of this country's first illegal immigrants--Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882-1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which... 2006
Herbert Hovenkamp The Progressives: Racism and Public Law 59 Arizona Law Review 947 (2017) This article explores the ramifications of the intersections of gender, race, and class ideologies for the enforcement of the Chinese Exclusion Laws in the years immediately following their passage. Drawing from government documents and archival data, I argue that the notions of gender, race, and class that permeated the legislative debate... 2006
Victor C. Romero Devolution and Discrimination 58 New York University Annual Survey of American Law 377 (2002) Give me your tired, your poor, your huddled masses yearning to breathe free, exhorts the well-known poem which graces the platform of the Statue of Liberty standing in New York Harbor. Over the course of its history, the United States has welcomed more than fifty million immigrants, more than any other country. In 2005 more than one million... 2006
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