| Author | Title | Citation | Summary | Year |
| |
Editors' Note |
21 Asian American Law Journal 1 (2014) |
I. Introduction. 135 II. Background. 137 A. Racism and Homophobia in the Immigration Process. 138 B. The Asylum Process. 139 C. Characteristics of Asylum Applicants. 141 D. Not Gay Enough for the Government: The Case of Mohammad . 144 III. Uncovering Bias in Sexual Orientation Asylum Decisions. 147 A. Racial Stereotypes and Essentialism. 148 B.... |
2006 |
| Kevin R. Johnson |
Federalism and the Disappearing Equal Protection Rights of Immigrants |
73 Washington and Lee Law Review Online 269 (July 27, 2016) |
I. Introduction. 558 II. The Classic Construction of Citizenship. 563 A. Citizenship's Equality Component. 564 B. The Exclusionary Aspect. 568 C. The Modern Construction. 572 III. Subordinates in Law. 579 A. The Indigenous People. 580 B. The Territorial Island Inhabitants. 585 IV. Subordinates in Fact?. 589 A. African-Americans. 589 B.... |
2006 |
| Hiroshi Motomura |
Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation |
100 Yale Law Journal 545 (December, 1990) |
In 2002, the United States Supreme Court held in Hoffman Plastic Compounds v. NLRB that an undocumented immigrant employee who used false work-authorization documentation could not be awarded statutory back pay regarding his employment termination for lawful union activity. The Court's underlying premise lay in limiting the back pay remedy to be... |
2006 |
| Rashad Hussain |
Preventing the New Internment: a Security-sensitive Standard for Equal Protection Claims in the Post-9/11 Era |
13 Texas Journal on Civil Liberties & Civil Rights 117 (Fall 2007) |
It is well known among anthropologists that race as a scientific concept denoting human biological variation is no longer valid, but that race as a social construct and a shaping force still has profound material repercussions in peoples' daily lives. In 2004, two notable events occurred in Chicago that attested to the persistent significance of... |
2006 |
| Michael Scaperlanda |
Scalia's Short Reply to 125 Years of Plenary Power |
68 Oklahoma Law Review 119 (Fall, 2015) |
PROFESSOR RICHARD BOSWELL: We are very fortunate here to have four really wonderful speakers who are very involved in many aspects of immigration law and policy, who will be talking about legalization of undocumented workers and its consequences as well as some of the related issues. Our first speaker on my far physical right is Cathy Tactaquin,... |
2006 |
| Hiroshi Motomura |
The New Migration Law: Migrants, Refugees, and Citizens in an Anxious Age |
105 Cornell Law Review 457 (January, 2020) |
The year 2002 saw a dramatic shift in the dynamics of immigration litigation in the United States. Triggered by a streamlining of the Department of Justice (DOJ)'s administrative review of expulsion orders, immigration appeals have been pouring into the federal courts in record numbers. Not only is DOJ ordering more people expelled, but a... |
2006 |
| Travis Silva |
Toward a Constitutionalized Theory of Immigration Detention |
31 Yale Law and Policy Review 227 (Fall 2012) |
This Symposium considers the relationship between immigration law and religious values as relevant. As a Roman Catholic ethicist, whose religious values are influenced by the indigenous traditions of the south, the question of how questions of borders and migration are treated in society has a poignant historical significance. As a lawyer, I... |
2006 |
| Beth Lyon |
When More "Security" Equals less Workplace Safety: Reconsidering U.s. Laws That Disadvantage Unauthorized Workers |
6 University of Pennsylvania Journal of Labor and Employment Law 571 (Spring 2004) |
When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This... |
2005 |
| |
AFFIRMATIVE DUTIES IN IMMIGRATION DETENTION |
134 Harvard Law Review 2486 (May, 2021) |
Although contributing substantially to the economic growth of the United States, undocumented workers presently receive little return on their investment, as current immigration laws deprive them of the social benefits received by all other workers, namely social security benefits. In this note, Laura Fernandez Feitl examines the criteria which... |
2005 |
| Raquel Aldana , Sylvia R. Lazos Vargas |
Aliens in Our midst Post-9/11: Legislating Outsiderness Within the Borders |
38 U.C. Davis Law Review 1683 (June, 2005) |
As an avid reader of Kevin R. Johnson's previous legal writings about race and immigration, I was extremely pleased to find his most recent book, The Huddled Masses Myth: Immigration and Civil Rights (Huddled Masses) resting on the shelf in the law books section of the San Diego Border's bookstore. Johnson, a prolific writer, is a member of the... |
2005 |