| Author | Title | Citation | Summary | Year |
| Christopher Ho , Jennifer C. Chang |
Drawing the Line after Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies for Protecting Undocumented Workers in the Title Vii Context and Beyond |
22 Hofstra Labor and Employment Law Journal 473 (Spring 2005) |
This is a time of rapid change and uncertainty in the laws affecting immigrant workers and, in particular, those who are undocumented. Although the jurisprudence in this area has never been static, the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board constituted an abrupt departure from prior law,... |
2005 |
| Ediberto Roman |
Immigration and the Allure of Inclusion |
35 Seton Hall Law Review 1349 (2005) |
The legal predicament of Victor Navorski is a classic tale of a man without a country and is unfortunately replete with metaphors for the plight of immigrants to this land. Navorski's saga begins when he is detained at the border of the United States, which in his case is at one of New York City's airports. He is legally unable to leave his port of... |
2005 |
| Jayashri Srikantiah |
Introduction |
16 Stanford Law and Policy Review 317 (2005) |
Immigration law over the past decade has been characterized by a sharp reduction in discretion and judicial oversight. Whereas earlier laws allowed for discretionary judgments in the case of individual non-citizens, current law calls for categorical elimination of discretion based on group determinations of blameworthiness. The individual story of... |
2005 |
| Kerry Abrams |
Polygamy, Prostitution, and the Federalization of Immigration Law |
105 Columbia Law Review 641 (April, 2005) |
When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This... |
2005 |
| Ryan D. Frei |
Reforming U.s. Immigration Policy in an Era of Latin American Immigration: the Logic Inherent in Accommodating the Inevitable |
39 University of Richmond Law Review 1355 (May, 2005) |
For over one hundred years, the Statue of Liberty has served as one of the United States's primary representative symbols, embodying the welcoming spirit of equal opportunity on which the country was founded. The United States is, undeniably, an eclectic nation of immigrants. Nevertheless, despite the common immigrant background virtually all... |
2005 |
| Harvey Gee |
Some Thoughts and Truths about Immigration Myths: the "Huddled Masses" Myth: Immigration and Civil Rights |
39 Valparaiso University Law Review 939 (Summer, 2005) |
As an avid reader of Kevin R. Johnson's previous legal writings about race and immigration, I was extremely pleased to find his most recent book, The Huddled Masses Myth: Immigration and Civil Rights (Huddled Masses) resting on the shelf in the law books section of the San Diego Border's bookstore. Johnson, a prolific writer, is a member of the... |
2005 |
| Mary M. Sevandal |
Special Registration: Discrimination in the Name of National Security |
8 Journal of Gender, Race and Justice 735 (Winter 2005) |
Following the events of September 11, 2001, the Department of Justice's (DOJ) first and overriding priority was to prevent, detect, disrupt, and dismantle terrorism, while preserving constitutional liberties. In accordance with this goal and based on the President's homeland defense initiatives, the DOJ issued immigration regulations to register... |
2005 |
| Kevin R. Johnson |
Symposium Introduction |
38 U.C. Davis Law Review 599 (March, 2005) |
The U.C. Davis Law Review is proud to publish this symposium on Immigration and Civil Rights After September 11: The Impact on California. The articles come from a distinguished group of scholars, attorneys, and activists and will unquestionably contribute significantly to the ongoing national dialogue about the treatment of noncitizens in U.S.... |
2005 |
| J. Allen Douglas |
The "Priceless Possession" of Citizenship: Race, Nation and Naturalization in American Law, 1880-1930 |
43 Duquesne Law Review 369 (Spring 2005) |
In 1921, as restrictive immigration policy in the United States quickened, the federal district court in Washington State considered the plea of N. Nakatsuka to lease land for agricultural development in the face of the state's newly implemented Anti-Alien Land Law. Writing for the court, Judge Cushman noted that, as an alien resident, Nakatsuka... |
2005 |
| Kif Augustine-Adams |
The Plenary Power Doctrine after September 11 |
38 U.C. Davis Law Review 701 (March, 2005) |
Introduction. 702 I. The Constitution as a Source of Immigration Rights. 705 A. Difficulties. 705 B. Identification of Constitutional Rights. 706 1. Family Unity. 706 2. Racial Equality. 711 C. Application of Constitutional Rights to Noncitizens in Immigration Law. 712 1. Extra-Constitutional Arguments. 712 a. Sovereignty. 712 b. Normative... |
2005 |