| Author | Title | Citation | Summary | Year |
| Joan Fitzpatrick , William Mckay Bennett |
A Lion in the Path? The Influence of International Law on the Immigration Policy of the United States |
70 Washington Law Review 589 (July, 1995) |
Abstract Introduction I. The Ethno-Nationalist Roots of the United States Asylum System A. Pre-World War II: The Foundation a. The Chinese Exclusion Era b. National Origin Quotas and the Undesirable Aliens Act B. The Aftermath of World War II a. From 1967 to 1980, the United States Failed its Signatory Obligations b. 1980: Incorporation of the... |
2022 |
| Chloe Meade |
The Border Search Exception in the Modern Era: an Exploration of Tensions Between Congress, the Supreme Court, and the Circuits |
26 Boston University Journal of Science and Technology Law 189 (Winter, 2020) |
The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of Chinese descent living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible... |
2022 |
| Gabriel J. Chin |
The Plessy Myth: Justice Harlan and the Chinese Cases |
82 Iowa Law Review 151 (October, 1996) |
This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... |
2022 |
| Mila Sohoni |
The Trump Administration and the Law of the Lochner Era |
107 Georgetown Law Journal 1323 (May, 2019) |
This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S.... |
2022 |
| Nancy Chung Allred |
Asian Americans and Affirmative Action: from Yellow Peril to Model Minority and Back Again |
14 Asian American Law Journal 57 (May, 2007) |
C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... |
2022 |
| Joe A. Tucker |
Assimilation to the United States: a Study of the Adjustment of Status and the Immigration Marriage Fraud Statutes |
7 Yale Law and Policy Review 20 (1989) |
C1-2Table of Contents Introduction. 2474 I. Background. 2479 A. Plenary Power and the Erosion of Federal Exclusivity Over Immigration. 2479 1. Traditional Understandings of Plenary Power. 2479 2. The Shift from Plenary Power to the Recognition of State Authority in Protecting Immigrants. 2481 B. Pardon Powers and State Sovereignty. 2483 1. Origins... |
2022 |
| Mohar Ray |
Can I See Your Papers? Local Police Enforcement of Federal Immigration Law Post 9/11 and Asian American Permanent Foreignness |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 197 (Winter, 2005) |
China has been excluded from participation in the International Space Station (ISS) since 2011. The exclusion was codified into law by the Wolf Amendment (2011), which was passed in Congress to restrict extensively, based on financial constraints, the National Aeronautics and Space Administration (NASA) and the Office of Science and Technology... |
2022 |
| Maritza I. Reyes |
Constitutionalizing Immigration Law: the Vital Role of Judicial Discretion in the Removal of Lawful Permanent Residents |
84 Temple Law Review 637 (Spring 2012) |
Ever since Strauder v. West Virginia, where the Court cited discrimination against Celtic Irishmen, perhaps confusing that status with that of a racial minority, the Court has treated national origin discrimination as similar to race discrimination. No national origin-based discrimination has been sustained since World War II. The Court imposes... |
2022 |
| Felice Batlan |
Déjà Vu and the Gendered Origins of the Practice of Immigration Law: the Immigrants' Protective League, 1907-40 |
36 Law and History Review 713 (November, 2018) |
For the past century, the Supreme Court has skeptically scrutinized Congress's power to enact healthcare laws and other domestic legislation, insisting that nothing in the Constitution gives Congress a general power to regulate an individual from cradle to grave. Yet when Congress regulates immigrants, the Court has contradictorily assumed that... |
2022 |
| Bill Ong Hing |
No Place for Angels: in Reaction to Kevin Johnson |
2000 University of Illinois Law Review 559 (2000) |
Introduction. 188 I. Othering--A Brief Interpretation. 192 II. The Child as an Other. 194 A. Children as Others: Dependency (Nonadults) in Immigration Law. 198 B. Children as Others: Their Alienage or the Alienage of Their Parents in Family Law. 210 C. Repetition of Othering Narratives in Application of Welfare and Education Laws. 213 III. A... |
2022 |