Rachel E. Rosenbloom Policing the Borders of Birthright Citizenship: Some Thoughts on the New (And Old) Restrictionism 51 Washburn Law Journal 311 (Spring 2012) 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
Robert Foss The Demise of the Homosexual Exclusion: New Possibilities for Gay and Lesbian Immigration 29 Harvard Civil Rights-Civil Liberties Law Review 439 (Summer, 1994) 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
James F. Hollifield , Valerie F. Hunt , Daniel J. Tichenor The Liberal Paradox: Immigrants, Markets and Rights in the United States 61 SMU Law Review 67 (Winter 2008) 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
Keith Aoki The Yellow Pacific: Transnational Identities, Diasporic Racialization, and Myth(s) of the "Asian Century" 44 U.C. Davis Law Review 897 (February, 2011) 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
Beth Lyon When More "Security" Equals less Workplace Safety: Reconsidering U.s. Laws That Disadvantage Unauthorized Workers 6 University of Pennsylvania Journal of Labor and Employment Law 571 (Spring 2004) 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
Paul M. Kurtz Annual Survey of Periodical Literature 36 Family Law Quarterly 775 (Winter, 2003) Before I begin, I would like to thank Peter and Maureen for thinking of me and inviting me to participate. This is a rare thing for me because usually when I attend these symposia, I am one of many academics on panels, but today I am the only academic on this morning's panels and so this is a fun and new experience for me. I teach Immigration Law... 2004
Spencer Overton But Some Are More Equal: Race, Exclusion, and Campaign Finance 80 Texas Law Review 987 (April, 2002) Changes in immigration law following Congress' 1996 legislation and post-September 11, 2001 legislation created an inhospitable and discriminatory environment for noncitizens. Pursuant to Congress' 1996 and post-9/11 legislation, increases in the scope of crime-related deportation grounds and lack of judicial review result in a system where... 2004
Shoba Sivaprasad Wadhia , Margaret Hu DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN 93 University of Colorado Law Review 325 (Winter, 2022) For over two centuries, people from countries throughout the world have sought refuge in the United States. Whether they came to escape political or economic strife in their native countries, all were in search of the so-called American Dream. What originated as a welcoming immigration policy in the earliest days of our nation, however, was met... 2004
Jaeeun Kim Establishing Identity: Documents, Performance, and Biometric Information in Immigration Proceedings 36 Law and Social Inquiry 760 (Summer, 2011) I. Introduction. 246 II. Concerns Over the Immigration Acts in the American Immigrant Community. 251 III. Congressional Plenary Power in the Area of Immigration and Naturalization. 253 IV. AEDPA and IIRIRA: The 1996 Immigration Acts and the Aggravated Felony . 255 V. The Supreme Court's Deportation Rulings--A Constitutional Enigma?. 260 VI.... 2004
Liav Orgad FORCED TO BE FREE: THE LIMITS OF EUROPEAN TOLERANCE 34 Harvard Human Rights Journal 1 (Spring, 2021) I. Introduction. 64 II. Phase I: The Cherished Policy of Encouraging Foreign Migration. 66 A. Justice John McLean's Cherished Policy and The Passenger Cases. 66 B. Another Voice Supportive of Unrestricted Immigration, J. Prescott Hall, Esq.. 70 C. Chief Justice Roger B. Taney's Dissent: Benefits and Pitfalls of Immigration. 71 D. Justice Daniel... 2004
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