|Rachel E. Rosenbloom
||Policing the Borders of Birthright Citizenship: Some Thoughts on the New (And Old) Restrictionism
||51 Washburn Law Journal 311 (Spring 2012)
||It has been a quarter of a century since Peter Schuck and Rogers Smith published Citizenship Without Consent, in which they argued that the American-born children of undocumented immigrants should not be accorded citizenship without the express consent of Congress. Citizenship Without Consent has been widely credited with inspiring the contemporary...
||Racializing Islam Before and after 9/11: from Melting Pot to Islamophobia
||21 Transnational Law & Contemporary Problems 119 (Spring 2012)
||I. Point of Departure. 119 II. Paving the Road for Racializing Islam: Pre-9/11 Era. 123 A. Muslim Community in the United States. 124 1. Immigrants. 125 2. Natives: African American Muslims. 128 B. Prejudices Against Muslims and Middle Easterners in the Pre-9/11 Era. 130 1. Discrimination Against Middle Easterners and Muslims in the Process of...
|Daniel J. Tichenor, Alexandra Filindra
||Raising Arizona V. United States: Historical Patterns of American Immigration Federalism
||16 Lewis & Clark Law Review 1215 (Winter, 2012)
||Immigration policy and regulation have been hotly contested issues in the United States since the 1800s. At the center of this historic immigration debate have been issues of federalism and core questions under the United States Constitution. Arizona v. United States, one of the Supreme Court's blockbuster decisions of the summer of 2012, has...
||The Narratives of Chinese-american Litigation During the Chinese Exclusion Era
||19 Asian American Law Journal 145 (2012)
||From 1882 until 1943, the Chinese Exclusion Era featured a combination of laws and rulings that prevented many Chinese immigrants from entering the United States or becoming citizens. Passed in 1882, the Chinese Exclusion Act marked the first time that the United States restricted immigration on the basis of race and nationality. For over sixty...
|Allegra M. McLeod
||The U.s. Criminal-immigration Convergence and its Possible Undoing
||49 American Criminal Law Review 105 (Winter, 2012)
||The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and...
||Toward a Constitutionalized Theory of Immigration Detention
||31 Yale Law and Policy Review 227 (Fall 2012)
||Introduction. 228 I. The Plenary Power Doctrine and Immigration Detention. 230 A. The Origin of the Plenary Power Doctrine. 230 B. Judicial Limitations and Scholarly Criticism. 234 C. The Structure of Immigration Detention. 238 II. Why a Constitutionalized Theory. 243 A. Habeas Corpus, Noncitizens, and Nonpunitive Detention. 243 B. Due Process at...
||Who Belongs?: Immigration Outside the Law and the Idea of Americans in Waiting
||2 UC Irvine Law Review 359 (February, 2012)
||I. Borders, Equality, and Integration. 361 A. Plyler v. Doe. 361 B. Borders Versus Equality. 363 C. Reconciling Borders with Equality. 365 D. The Role of Integration. 365 II. Immigration, Citizenship, Race, and Integration. 368 A. The Burdens of History. 368 B. The Cycle of Skepticism. 371 III. Integration and Immigration Outside the Law. 373 A....
|Marie A. Failinger
||Yick Wo at 125: Four Simple Lessons for the Contemporary Supreme Court
||17 Michigan Journal of Race and Law 217 (Spring 2012)
||The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend...
||Alien Language: Immigration Metaphors and the Jurisprudence of Otherness
||79 Fordham Law Review 1545 (March, 2011)
||Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the...
|Susan K. Serrano
||Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity
||20 Southern California Review of Law & Social Justice 353 (Summer 2011)
||At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living...