Shelley Welton THE BOUNDS OF ENERGY LAW 62 Boston College Law Review 2339 (October, 2021) The executive order on travel issued by President Donald Trump in January 2017 identified the foreigners who should be barred from entry as those who bear hostile attitudes toward the United States and its founding principles and who do not support the Constitution. As this Article shows, anti-immigrant movements have long used... 2018
Ming-sung Kuo The Duality of Federalist Nation-building: Two Strains of Chinese Immigration Cases Revisited 67 Albany Law Review 27 (2003) The merger of immigration and criminal law has transformed both systems, amplifying the flaws in each. In critiquing this merger, most scholarly accounts begin with legislative changes in the 1980s and 1990s that vastly expanded criminal grounds of deportation and eliminated many forms of discretionary relief. As a result of these changes,... 2018
Anna Williams Shavers The Invisible Others and Immigrant Rights: a Commentary 45 Houston Law Review 99 (Symposium 2008) The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... 2018
Enid Trucios-Gaynes The Legacy of Racially Restrictive Immigration Laws and Policies and the Construction of the American National Identity 76 Oregon Law Review 369 (Summer 1997) The travel ban cases test the extent of the President's authority to promulgate orders regarding the issuance of visas and the entry of refugees. Specifically at issue is whether the President's actions are even reviewable by the courts, as well as whether the President exceeded his statutory authority or acted in violation of the Establishment... 2018
Gabriel J. Chin , Cindy Hwang Chiang , Shirley S. Park The Lost Brown V. Board of Education of Immigration Law 91 North Carolina Law Review 1657 (June, 2013) The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has... 2018
Maria Stracqualursi Undocumented Immigrants Caught in the Crossfire: Resolving the Circuit Split on "The People" and the Applicable Level of Scrutiny for Second Amendment Challenges 57 Boston College Law Review 1447 (September, 2016) Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and... 2018
Hana E. Brown , Jennifer A. Jones , Taylor Dow Unity in the Struggle: Immigration and the South's Emerging Civil Rights Consensus 79 Law and Contemporary Problems 5 (2016) U.S. immigration law was built on a foundation of systemic white supremacy. While a brief historical analysis of immigration laws in the United States illustrates a shift from explicitly racial to race-neutral language, the effects of the originally race-restrictive provisions in immigration law continue to be felt today. This Article illustrates... 2018
Richard A. Kirby , Mallori D. Thompson A DECARCEL CADENCE: NEUROLOGIC MUSIC THERAPY AS AN ABOLITIONIST PROJECT 53 Connecticut Law Review 681 (September, 2021) A substantial body of research shows that people's legal attitudes can have wide-ranging behavioral consequences. In this article, I use original survey data to examine long-term immigrant detainees' legal attitudes. I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other... 2017
James F. Smith A Nation That Welcomes Immigrants? An Historical Examination of United States Immigration Policy 1 U.C. Davis Journal of International Law and Policy 227 (Spring 1995) Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their... 2017
Keith Cunningham-Parmeter Alien Language: Immigration Metaphors and the Jurisprudence of Otherness 79 Fordham Law Review 1545 (March, 2011) American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds.... 2017
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