| Author | Title | Citation | Summary | Year |
| Lucas Guttentag |
The Forgotten Equality Norm in Immigration Preemption: Discrimination, Harassment, and the Civil Rights Act of 1870 |
8 Duke Journal of Constitutional Law & Public Policy 1 (2013) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |
| Zainab Ramahi |
The Muslim Ban Cases: a Lost Opportunity for the Court and a Lesson for the Future |
108 California Law Review 557 (April, 2020) |
The United States relies, in part, on certain criminal convictions to determine which noncitizens are deportable. The specific types of criminal convictions subjecting an individual to deportation proceedings are found in the Immigration and Nationality Act (INA). However, the INA only lists categories and types of crimes that trigger deportation.... |
2022 |
| Sophie Kosmacher |
WHEN DOES QUESTIONING RELATED TO IMMIGRATION STATUS CONSTITUTE A MIRANDA INTERROGATION? |
69 UCLA Law Review Discourse 80 (2021) |
When Asian immigrants first reached American shores in substantial numbers during the late 1800s, they were faced with a country that barely recognized Black citizens and a system that continually reinforced a Black--White binary. If Asian Americans wanted to attempt to obtain protections for themselves, they could not do so by asserting that those... |
2022 |
| Ian F. Haney López |
A Nation of Minorities: Race, Ethnicity, and Reactionary Colorblindness |
59 Stanford Law Review 985 (February, 2007) |
Abstract--From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... |
2021 |
| Mae M. Ngai, University of Chicago |
Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act. Chapel Hill: University of North Carolina Press, 1998. Xii, 354 Pp. $49.95 (Cloth). $19.95 (Paper). |
44 American Journal of Legal History 304 (July, 2000) |
Because police and prison abolition must be approached while simultaneously improving quality of life, and thus reducing harm, abolitionist discourse should include health policies that regard the (de)regulation, use, and culture of addictive substances. This Essay calls for research into neurologic music therapy as a response to addiction,... |
2021 |
| Berta Esperanza HernÁndez-Truyol |
Natives, Newcomers and Nativism: a Human Rights Model for the Twenty-first Century |
23 Fordham Urban Law Journal 1075 (Summer 1996) |
Introduction. 1556 I. The Chinese Exclusion Case and Its Progeny: Ordinary Matter in an Extraordinary Immigration Law Universe. 1565 A. The Origins of Immigration Law's Plenary Power Doctrine. 1566 B. Plenary Power and the Constitution After Chinese Exclusion. 1570 1. Plenary Power and Political Opinion. 1571 2. Plenary Power and Gender. 1574 II.... |
2021 |
| Liav Orgad , Theodore Ruthizer |
Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case |
26 Constitutional Commentary 237 (Spring 2010) |
Managing global migration is one of the most pressing issues of our time. Traditionally, international law has not generally regulated immigration and citizenship law; it defers to state authority in setting up rules and procedures for entry into the territory and citizenry. The lack of clear regulation--and a commonly accepted methodology on how... |
2021 |
| Jill E. Family |
Threats to the Future of the Immigration Class Action |
27 Washington University Journal of Law and Policy 71 (2008) |
This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... |
2021 |
| Emily Ryo |
Through the Back Door: Applying Theories of Legal Compliance to Illegal Immigration During the Chinese Exclusion Era |
31 Law and Social Inquiry 109 (Winter, 2006) |
This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... |
2021 |
| Julian Wonjung Park |
A More Meaningful Citizenship Test? Unmasking the Construction of a Universalist, Principle-based Citizenship Ideology |
96 California Law Review 999 (August, 2008) |
ABSTRACT: National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... |
2021 |