Shoba Sivaprasad Wadhia Business as Usual: Immigration and the National Security Exception 114 Penn State Law Review 1485 (Spring 2010) I. Introduction. 1486 II. Continuing Impact of Post 9-11 Immigration Practices. 1491 A. PENTBOTTM Detentions and OIG Detainee Report. 1401 B. OIG MDC Report. 1493 C. Turkmen Lawsuit. 1495 D. 48 Hour Rule. 1497 E. Closed Hearings. 1499 F. Alien Absconder Initiative. 1499 G. Voluntary Interview Program. 1501 H. Special Registration. 1502 I. Other... 2010
Donald S. Dobkin Challenging the Doctrine of Consular Nonreviewability in Immigration Cases 24 Georgetown Immigration Law Journal 113 (Winter, 2010) It has happened to everyone who has ever practiced in the United States immigration field. Your client's petition is approved by the United States Citizen and Immigration Services (USCIS). After a long and arduous process, in most cases several years, your client finally arrives at the United States embassy in his home country for his interview on... 2010
David Manuel Hernández, UCLA Deportation Nation: Outsiders in American History. By Daniel Kanstroom. Cambridge, Ma: Harvard University Press, 2007. Pp. 352. $47.50 Cloth 44 Law and Society Review 202 (March, 2010) Daniel Kanstroom's Deportation Nation is a timely historical text that provides a context and framework to the existing campaigns of stepped-up federal and local immigration enforcement as well as for the Obama administration's plans for comprehensive immigration reform. Whereas other migration scholars such as Ngai, Johnson, and De Genova have... 2010
Matthew J. Lindsay Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power 45 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter 2010) This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government's authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress's commerce authority, into a power that was... 2010
Neil Gotanda New Directions in Asian American Jurisprudence 17 Asian American Law Journal 5 (2010) Preface. 6 I. Introduction. 7 An Explanation of Terms: Narratives and Stereotypes. 10 II. Locating Asian American Jurisprudence in Legal Scholarship. 11 A. Asian American Identity. 11 1. Identification and Identity Projects. 12 2. Three Asian American Identity Projects. 14 B. Interrogation of Legal Materials. 17 1. Three Asian American Historical... 2010
Liav Orgad , Theodore Ruthizer Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case 26 Constitutional Commentary 237 (Spring 2010) 120 years ago, in May 1889, the U.S. Supreme Court ruled that the power of exclusion of foreigners being an incident of sovereignty . . . cannot be granted away or restrained. Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that it is not within the... 2010
Karla Mari McKanders Sustaining Tiered Personhood: Jim Crow and Anti-immigrant Laws 26 Harvard Journal on Racial & Ethnic Justice 163 (Spring 2010) Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many... 2010
Won Kidane The Alienage Spectrum Disorder: the Bill of Rights from Chinese Exclusion to Guantanamo 20 Berkeley La Raza Law Journal 89 (2010) More than one hundred years of American jurisprudence suggests that some aliens are more alien than others. As such, their rights may be understood as lying along a spectrum ranging from those whose sole contact with the United States is with United States authorities located in a foreign territory to those who have resided in the United States for... 2010
K. Scott Wong The Opening of the Law in the Pursuit of Asian American History 13 Journal of Gender, Race and Justice 325 (Winter 2010) For those of us who work in the field of Asian American history, we have long confronted the issues and consequences of White supremacy, exclusion, the erasure of Asian Americans from the national historical consciousness, and the marginalization of our efforts in the American academy. Fortunately, a handful of scholars/activists has kept our... 2010
Keith Aoki , John Shuford Welcome to Amerizona--immigrants Out!: Assessing "Dystopian Dreams" and "Usable Futures" of Immigration Reform, and Considering Whether "Immigration Regionalism" Is an Idea Whose Time Has Come 38 Fordham Urban Law Journal 1 (November, 2010) In this essay, we introduce the heuristics of dystopian dream and usable future to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism as reflected in legislative and law enforcement activities, policy proposals, speeches, and scholarship. We... 2010
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