| Author | Title | Citation | Summary | Year |
| |
Editors' Note |
21 Asian American Law Journal 1 (2014) |
This year marks the fiftieth anniversary of the landmark 1964 Civil Rights Act, which outlawed discrimination on the basis of race, color, religion, sex, and national origin. Although the Chinese Exclusion Act is long gone and the United States government has admitted the great injustice in interning over 110,000 Japanese Americans, our country... |
2014 |
| David Simson |
Exclusion, Punishment, Racism and Our Schools: a Critical Race Theory Perspective on School Discipline |
61 UCLA Law Review 506 (January, 2014) |
Punitive school discipline procedures have increasingly taken hold in America's schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more,... |
2014 |
| Peggy Li |
Hitting the Ceiling: an Examination of Barriers to Success for Asian American Women |
29 Berkeley Journal of Gender, Law & Justice 140 (Winter 2014) |
I. Introduction. 141 II. The Glass Ceiling, The Bamboo Ceiling, and their Exclusion of Asian American Women. 142 A. The Glass Ceiling. 143 B. The Bamboo Ceiling. 145 C. The Exclusion of Asian American Women. 146 III. Using Intersectionality to Acknowledge the Experiences of Asian American Women. 148 IV. Understanding the Origins and Perpetuation of... |
2014 |
| Michelle R. Slack |
Ignoring the Lessons of History: How the "Open Borders" Myth Led to Repeated Patterns in State and Local Immigration Control |
27 Journal of Civil Rights & Economic Development 467 (Winter, 2014) |
No doubt local efforts to control immigration are on the rise. Arizona's Senate Bill 1070 is the most well-known example of this trend, though other examples exist as well. Most existing criticism attacks such efforts as violating the supposed exclusive federal control of the immigration sphere Yet, such arguments, in part, are based upon a myth... |
2014 |
| Victor Bascara |
In the Future to Any Third Power: "Most Favored Nations," Personhood, and an Emergent World Order in Yick Wo V. Hopkins |
21 Asian American Law Journal 177 (2014) |
Through a discourse analysis of the 1886 decision of Yick Wo v. Hopkins, this Essay critically examines the decision's capacity to provide terms for reconciling a coming global order with the political protections of the Constitution, especially the protections of the Fourteenth Amendment. That reconciliation involves the protected rights of... |
2014 |
| Elizabeth Keyes |
Race and Immigration, Then and Now: How the Shift to "Worthiness" Undermines the 1965 Immigration Law's Civil Rights Goals |
57 Howard Law Journal 899 (Spring 2014) |
INTRODUCTION. 900 I. THE SHIFTING HISTORY OF IMMIGRATION AND IMMIGRATION RHETORIC. 902 A. Complicated Early Immigration History. 902 1. Founding Through 1880s. 903 2. 1880s Through 1965. 904 B. Attempting to Make Immigration a Civil Rights Issue: The 1965 Immigration Act. 905 C. Formal Equality, Functional Inequality Since 1965. 908 II. REFORM... |
2014 |
| Kristina M. Campbell |
Rising Arizona: the Legacy of the Jim Crow Southwest on Immigration Law and Policy after 100 Years of Statehood |
24 Berkeley La Raza Law Journal 1 (2014) |
United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its papers please law, SB 1070, the American... |
2014 |
| Peter Margulies |
Taking Care of Immigration Law: Presidential Stewardship, Prosecutorial Discretion, and the Separation of Powers |
94 Boston University Law Review 105 (January, 2014) |
Introduction. 106 I. DACA, Prosecutorial Discretion, and Youngstown. 114 A. DACA and the DREAM Act. 114 B. DACA Meets Youngstown. 116 1. Prosecutorial Discretion in Immigration Law. 117 2. Why Prosecutorial Discretion Cannot Support DACA. 122 II. Protection of Intending Citizens and Presidential Stewardship. 128 A. The Neutrality Proclamation and... |
2014 |
| Laura A. Hernández |
The Constitutional Limits of Supply and Demand: Why a Successful Guest Worker Program must Include a Path to Citizenship |
10 Stanford Journal of Civil Rights & Civil Liberties 251 (June, 2014) |
The United States is a proud nation of immigrants, with a short memory. As the country's need for immigrant labor continues unabated, legislative reaction to these labor demands is myopic. It is undisputed that the American desire for cheap labor incentivizes the migration of unskilled and undocumented guest workers. As long as market demand for... |
2014 |
| Alison Bashford, Jane McAdam |
The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law |
32 Law and History Review 309 (May, 2014) |
From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined undesirable immigrants. This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context... |
2014 |