Freddy Funes Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case 11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... 2009
Jayesh M. Rathod Immigrant Labor and the Occupational Safety and Health Regime 33 New York University Review of Law and Social Change 479 (2009) Introduction. 481 I. Workplace Fatalities and Injuries Among Foreign-Born Workers in the United States. 484 A. The Most Dangerous Industries and Occupations for Immigrants. 489 1. Construction. 491 2. Agriculture, Forestry, Fishing, and Hunting. 493 3. Manufacturing. 494 4. Retail Trade. 495 B. Gaps in Existing Occupational Safety and Health Data.... 2009
Donald S. Dobkin Race and the Shaping of U.s. Immigration Policy 28 Chicana/o-Latina/o Law Review 19 (2009) The date is October 13, 2004, some 147 years after Chief Justice Roger Taney and the infamous Dred Scott case. Representing the United States government, Deputy Solicitor General Edwin Kneedler, stands before the United States Supreme Court and tells the Court that the nation needs to protect its borders and in doing so some noncitizens must be... 2009
Caprice L. Roberts Rights, Remedies, and Habeas Corpus--the Uighurs, Legally Free While Actually Imprisoned 24 Georgetown Immigration Law Journal 1 (Fall, 2009) I. Introduction. 2 II. Detainees and the Great Writ. 8 A. The Great Writ. 8 B. Bownediene--Access, Progress, and Unanswered Questions. 9 C. The Uighurs--A Series of Unfortunate Events. 11 III. Jurisdiction, Nonjusticiable Political Questions, and Immigration Power. 16 A. Nonjusticiable Political Questions. 16 B. Immigration Cases, Political... 2009
Claire A. Smearman Second Wives' Club: Mapping the Impact of Polygamy in U.s. Immigration Law 27 Berkeley Journal of International Law 382 (2009) Polygamy played a role in the development of United States immigration law from its very inception. Concerns about the polygamous marriage practices of Chinese immigrants flooding into California in the mid-nineteenth century fueled the passage of early anti-immigrant statutes, with predictions that the immoral Chinese, with their tradition of... 2009
Eileen Kaufman Shelter from the Storm: an Analysis of U.s. Refugee Law as Applied to Tibetans Formerly Residing in India 23 Georgetown Immigration Law Journal 497 (Spring, 2009) I. Introduction & Representative Case Study. 498 II. Immigration Law, the Theory of Asylum, and the Firm Resettlement Doctrine. 505 A. Immigration Law as a Rule of Regulation/Exclusion. 505 B. Asylum as an Exception to the Rule of Exclusion. 506 1. Theory of Asylum. 506 2. Sources of Law: International Conventions and Domestic Law. 509 C. Doctrine... 2009
Kevin R. Johnson Ten Guiding Principles for Truly Comprehensive Immigration Reform: a Blueprint 55 Wayne Law Review 1599 (Winter, 2009) I. Introduction. 1600 II. The Ten Guiding Principles. 1610 A. U.S. Immigration Laws Must Recognize that Migration Between Nations is Primarily Driven by Economic Opportunity and Labor Supply and Demand in the United States. 1610 B. U.S. Immigration Laws Must Be Enforceable. 1617 C. Immigration Law Must Fairly Treat Immigrants. 1620 D. Immigration... 2009
Erin E. Stefonick The Alienability of Alien Suffrage: Taxation Without Representation in 2009 10 Florida Coastal Law Review 691 (Summer 2009) The history of immigration in the United States of America reaches beyond the establishment of the country itself. Beginning with the arrival of explorers, slaves, and the Pilgrims, there were a number of different ethnic groups that migrated to the United States. While the diversity ultimately helped shape America into a culturally rich nation,... 2009
Robert T. Senh The Liberty Rights of Resident Aliens: You Can't Always Get What You Want, but If You Try Sometimes, You Might Find, You Get What You Need 11 Oregon Review of International Law 137 (2009) L1-2Introduction . L3138 I. The Unnecessary Doctrine of Plenary Power over Immigration. 141 II. Retooling the Debate. 145 A. Limiting the Definition of Immigration Law. 146 B. The Limits of Legal Citizenship. 147 C. The Personhood and Membership Paradigms. 148 D. Separation and Convergence Models. 150 III. Distributive Principles. 157 A.... 2009
James Duff Lyall Vigilante State: Reframing the Minuteman Project in American Politics and Culture 23 Georgetown Immigration Law Journal 257 (Winter, 2009) Last spring, this journal published an essay by Jim Gilchrist, co-founder of the Minuteman Project. In that essay, Gilchrist argues that an illegal alien invasion (undocumented immigration) is to blame for a host of social ills--from crime, unemployment, pollution, and disease to traffic gridlock, high tuition costs, poor health care, and... 2009
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