| Author | Title | Citation | Summary | Year |
| Gabriel J. Chin |
A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens |
100 Boston University Law Review 1271 (September, 2020) |
Administrative law has a blind spot. It is blackletter doctrine that an agency's failure to consider the impacts of its conduct can lead to court invalidation of its decision as arbitrary and capricious. Judges have set aside agency action for failures to consider differential impacts on subgroups of business owners, park visitors, and animals. Yet... |
2021 |
| Polly J. Price |
Alien Land Restrictions in the American Common Law: Exploring the Relative Autonomy Paradigm |
43 American Journal of Legal History 152 (April, 1999) |
American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
2021 |
| Mae M. Ngai, University of Chicago |
Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act. Chapel Hill: University of North Carolina Press, 1998. Xii, 354 Pp. $49.95 (Cloth). $19.95 (Paper). |
44 American Journal of Legal History 304 (July, 2000) |
Because police and prison abolition must be approached while simultaneously improving quality of life, and thus reducing harm, abolitionist discourse should include health policies that regard the (de)regulation, use, and culture of addictive substances. This Essay calls for research into neurologic music therapy as a response to addiction,... |
2021 |
| Carrie L. Rosenbaum |
Anti-democratic Immigration Law |
97 Denver Law Review 797 (Summer, 2020) |
Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the... |
2021 |
| Tamas Dezso Ziegler |
Anti-enlightenment in International Business and Trade Law: a U.s.-- E.u. Comparison |
19 Journal of International Business and Law 162 (Spring, 2020) |
C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 |
2021 |
| Phal Sok |
BROKEN SYSTEMS: FUNCTION BY DESIGN |
68 UCLA Law Review Discourse 14 (2021) |
C1-3TABLE OF CONTENTS R1-2INTRODUCTION . R388. I. The Key Tenets of Dis/ability Critical Race Theory. 90 II. The Eugenics Movement and Immigration Restriction. 92 A. The Three Pillars of the Eugenics Movement: White Supremacy, Racism, and Ableism. 94 B. The Impact of the Eugenics Movement on Mental Health-Related Immigrant Exclusion. 99 III. A... |
2021 |
| Shayak Sarkar |
CAPITAL CONTROLS AS MIGRANT CONTROLS |
109 California Law Review 799 (June, 2021) |
Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... |
2021 |
| Daniel Kanstroom |
Citizens, Strangers, and In-betweens: Essays on Immigration and Citizenship. By Peter Schuck. Boulder, Colo.: Westview Press, 1998. Pp. Xviii, 475. $26.00. |
25 New York University Review of Law and Social Change 435 (1999) |
Detention has become an undeniably central part of immigration enforcement today. In principle, the constitutional right to be free from deprivation of life, liberty, or property, without due process of law extends to all persons within U.S. territory, regardless of citizenship. In practice, due process for noncitizen detainees tends to be far... |
2021 |
| Gabriel J. Chin |
Is There a Plenary Power Doctrine? A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law |
14 Georgetown Immigration Law Journal 257 (Winter, 2000) |
In the spring of 2019, the United States Department of Homeland Security (DHS) announced that it would start conducting DNA tests at the border to identify fraudulent claims regarding family ties. Later, in January 2020, DHS started to collect DNA samples from persons in immigration detention. This article examines these measures in their... |
2021 |
| M. Hunter Rush |
IT'S MY PARTY, AND I'LL DO WHAT I WANT TO: MAKING THE CASE FOR JUDICIAL REVIEW OF NATIONAL INTEREST WAIVER DENIALS |
27 Washington and Lee Journal of Civil Rights and Social Justice 703 (Spring, 2021) |
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... |
2021 |