Stuart Chinn Trump and Chinese Exclusion: Contemporary Parallels with Legislative Debates over the Chinese Exclusion Act of 1882 84 Tennessee Law Review 681 (Spring, 2017) Donald Trump's presidential victory in November has prompted much public commentary about American political dynamics and about the future of American democracy. Given these inquiries, this paper is timely in aiming to reexamine, through a comparative-historical lens, one of the most prominent parts of Trump's campaign and one of the biggest points... 2017
Gabriel J. Chin , Daniel K. Tu Comprehensive Immigration Reform in the Jim Crow Era: Chinese Exclusion and the Mccreary Act of 1893 23 Asian American Law Journal 39 (2016) I. The Problem of Chinese Immigration. 42 II. Why Did Congress Grant Relief?. 46 A. Executive Enforcement Policy and the Practical Impossibility of Deportation.. 46 B. Anti-Racist Views in Congress. 51 C. Popular Constitutionalism: Due Process in Spite of the Court. 53 D. Missionaries and the Institutional Church. 57 E. A Relief Bill Becomes an... 2016
Jennifer Lee Koh Crimmigration and the Void for Vagueness Doctrine 2016 Wisconsin Law Review 1127 (2016) Since the Supreme Court's 2015 decision in Johnson v. United States--a federal sentencing decision holding that the residual clause of the Armed Career Criminal Act was void for vagueness--the vagueness doctrine has quietly and quickly exploded in the legal landscape governing the immigration consequences of crime. On September 29, 2016, the... 2016
Matthew J. Lindsay Disaggregating "Immigration Law" 68 Florida Law Review 179 (January, 2016) Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform-the... 2016
Kevin R. Johnson Federalism and the Disappearing Equal Protection Rights of Immigrants 73 Washington and Lee Law Review Online 269 (July 27, 2016) Jenny-Brooke Condon's article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has... 2016
Mary Szto From Exclusion to Exclusivity: Chinese American Property Ownership and Discrimination in Historical Perspective 25 Journal of Transnational Law & Policy 33 (2015-2016) I. Introduction. 34 II. Today's Chinese Real Estate Investors. 37 III. The Maritime Silk Road and Early Chinese Arrivals in the US. 42 A. The Maritime Silk Road. 43 B. The 1849 Gold Rush. 45 IV. Violence, Anti-Chinese Legislation, and Resistance. 47 V. Building of the Transcontinental Railroad (1863-1869). 49 VI. The 1868 Burlingame Treaty. 53 VII.... 2016
Rebecca Sharpless Immigrants Are Not Criminals: Respectability, Immigration Reform, and Hyperincarceration 53 Houston Law Review 691 (Winter 2016) Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-- citizens and noncitizens--who have been convicted of... 2016
Sherally Munshi Immigration, Imperialism, and the Legacies of Indian Exclusion 28 Yale Journal of Law & the Humanities 51 (Winter, 2016) In April of 1914, a few hundred men and women in Calcutta boarded a ship bound for Vancouver, though British Canada had recently enacted a law that would prevent the ship's passengers from landing. As the ship, the Komagata Maru, steamed its way across the Pacific, officials in Vancouver braced themselves for its arrival. For Canadian officials,... 2016
Mark E. Steiner Inclusion and Exclusion in American Legal History 23 Asian American Law Journal 69 (2016) I. Introduction. 69 II. American Legal History Casebooks. 72 III. Survey Texts. 78 IV. Introductory Texts. 86 V. Margins and Mainstreams. 91 VI. Conclusion. 98 2016
Stewart Chang Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority 23 Asian American Law Journal 5 (2016) Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... 2016
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