Reginald Leamon Robinson The Other Against Itself: Deconstructing the Violent Discourse Between Korean and African Americans 67 Southern California Law Review 15 (November, 1993) There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... 2015
Laurence C. Nolan Yellow: Race in America Beyond Black and White--an Interesting Read for the Great Dissenter in Plessy V. Ferguson 47 Howard Law Journal 87 (Fall 2003) With its plenary power doctrine, the Supreme Court erred by rejecting the universal in favor of the particular. Liberal immigration theorists, on the other hand, make the opposite error by rejecting the particular in favor of the universal. Drawing on classic international law publicists and the Catholic philosophical tradition, this essay argues... 2015
Donald S. Dobkin Challenging the Doctrine of Consular Nonreviewability in Immigration Cases 24 Georgetown Immigration Law Journal 113 (Winter, 2010) Crimmigration, the nexus of criminal and immigration law, means that each year, hundreds of thousands of noncitizens are arrested for minor or nonviolent crimes, convicted in criminal court, placed in immigration court deportation proceedings, and deported. The U.S. government has criminalized immigrants at an increasing rate over time, and law... 2014
Pamela Theodoredis Detention of Alien Juveniles: Reno V. Flores 12 New York Law School Journal of Human Rights 393 (Spring, 1995) 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
Lauri Kai Embracing the Chinese Exclusion Case: an International Law Approach to Racial Exclusions 59 William and Mary Law Review 2617 (May, 2018) 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
Jonathan Riedel MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS 45 American Indian Law Review 211 (2021) 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
Milton Vickerman Post-1965 Immigration and Assimilation: a Response to Randy Capps 14 Virginia Journal of Social Policy and the Law 206 (Winter 2007) 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
Kevin R. Johnson Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique 2000 University of Illinois Law Review 525 (2000) 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... 2014
Erik Camayd-Freixas, Ph.D. Raids, Rights and Reform: the Postville Case and the Immigration Crisis 2 DePaul Journal for Social Justice 1 (Fall 2008) 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... 2014
Daniel J. Tichenor, Alexandra Filindra Raising Arizona V. United States: Historical Patterns of American Immigration Federalism 16 Lewis & Clark Law Review 1215 (Winter, 2012) 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
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