||Theories of Immigration Law
||46 Arizona State Law Journal 1211 (Winter 2014)
||Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant's right of...
|James W. Gordon
||Was the First Justice Harlan Anti-chinese?
||36 Western New England Law Review 287 (2014)
||My whole nature responds to the principle of equality of all men before the law, as well as to the principle of the equal protection by the laws for everyone in his personal and property rights. - John Marshall Harlan [T]o be labeled a prophet is to be held to an impossible standard. In many ways, Harlan's views fell short of our current notions...
|Gabriel J. Chin
||A Chinaman's Chance in Court: Asian Pacific Americans and Racial Rules of Evidence
||3 UC Irvine Law Review 965 (December, 2013)
||Introduction. 966 I. Asians as Untrustworthy Witnesses. 967 A. Competency and Credibility Under State Law. 967 1. Incompetency. 967 2. Credibility. 970 B. Chinese Witnesses Under Federal Law. 972 1. Incompetency. 973 a. Residence certificates. 973 b. Returning merchants. 974 c. Pharmacy workers in China. 975 2. Credibility. 975 II. The Statutory...
|The Honorable Karen Nelson Moore
||Aliens and the Constitution
||88 New York University Law Review 801 (June, 2013)
||Beginning with this nation's founding and continuing today, courts and political leaders have grappled with difficult questions as to the proper treatment of aliens--those individuals either living here or interacting with the government, but not bearing the title of U.S. citizen. In the annual James Madison Lecture, Judge Karen Nelson Moore...
||An Invisibility Cloak: the Model Minority Myth and Unauthorized Asian Immigrants
||3 UC Irvine Law Review 1281 (December, 2013)
||Introduction. 1281 I. The Case for Unauthorized Immigration as a Latino Issue. 1282 A. Evidence from the World Wide Web. 1283 B. Legislative Evidence. 1283 C. Public Commentary. 1287 II. Reasons Why Latinos and the Unauthorized Are Conflated. 1288 A. Powerful Numbers and Rapid Growth. 1288 B. Geographic Proximity. 1290 C. Economic Factors. 1290 D....
||Banished for Life: Deportation of Juvenile Offenders as Cruel and Unusual Punishment
||34 Cardozo Law Review 2261 (August, 2013)
||Introduction. 2262 I. The Path to Recognizing Deportation as Punishment. 2267 A. Immigration Law Context. 2267 1. The Plenary Power and Sovereign Deference. 2267 2. Mandatory Deportation for Aggravated Felony Convictions. 2268 3. Legal Precedent/Legal Fiction: Deportation Is Not Punishment. 2271 B. Deportation as Punishment. 2274 1. Theory. 2275 2....
||Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations
||27 Georgetown Immigration Law Journal 485 (Spring, 2013)
||The ongoing mass deportation of undocumented aliens has caused a human rights crisis in the United States. The deportation program rests on federal statutes that require removal from the United States of millions of immigrants through procedures that deny them due process and the equal protection of the laws. It is justified by a supposed...
|César Cuauhtémoc García Hernández
||2013 Brigham Young University Law Review 1457 (2013)
||The story of the United States has been one of welcoming foreigners. It has also been a story of excluding foreigners. Some prospective immigrants have been deemed worthy of admission into the country, while others have been turned back. Some entered without asking the government's permission and were deported after coming to the federal...
||Defining American: the Dream Act, Immigration Reform and Citizenship
||14 Nevada Law Journal 101 (Fall 2013)
||Introduction. 102 I. The DREAM: Legislation and Narrative. 105 A. The DREAM Act and Immigration Reform Proposals for DREAMers. 105 B. The Narrative Being Told. 109 1. Harnessing the American Dream. 109 2. A Story of Worthiness and Blamelessness. 112 II. DREAMers Exposing and Expanding the Limits of Citizenship. 115 A. The Claiming of Citizenship...
|Jamie R. Abrams
||Enforcing Masculinities at the Borders
||13 Nevada Law Journal 564 (Winter 2013)
||I. Introduction. 564 II. Hegemonic and Dominant Masculinities are Framed Relationally and Depend on Maintaining a Marginalized Other . 566 III. Maintaining Dominant Masculinities at the Borders Through the Exclusion of Marginalized Masculinities. 569 A. Marginalized Effeminacy and the Chinese Exclusion Act. 569 B. Masculinities in Crisis...