Natsu Taylor Saito The Enduring Effect of the Chinese Exclusion Cases: the "Plenary Power" Justification for On-going Abuses of Human Rights 10 Asian Law Journal 13 (May, 2003) We tend to think of Chae Chan Ping v. United States and the other Chinese exclusion cases of the late 1800s as a remnant of the racist past of Asian exclusion and segregation in America. However, these cases have had a tenacious grip on American law, and are very much alive and well. In the Chinese exclusion cases the Supreme Court first... 2003
Mae M. Ngai The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965 21 Law and History Review 69 (Spring, 2003) In January 1930 officials of the Bureau of Immigration testified about the Border Patrol before a closed session of the House Immigration Committee. Henry Hull, the commissioner general of immigration, explained that the Border Patrol did not operate on the border line but as far as one hundred miles back of the line. The Border Patrol, he... 2003
Laurence C. Nolan Yellow: Race in America Beyond Black and White--an Interesting Read for the Great Dissenter in Plessy V. Ferguson 47 Howard Law Journal 87 (Fall 2003) Yellow: Race in America Beyond Black and White, By Frank H. Wu. Basic Books (2002). On the eve of the fiftieth anniversary of Brown v. Board of Education, Professor Frank H. Wu's recent book, Yellow: Race in America Beyond Black and White, is a timely reminder of Plessy v. Ferguson. Plessy issued in the era of the constitutional doctrine of... 2003
Henry Yu, University of California, Los Angeles Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act, Chapel Hill: the University of North Carolina Press, 1998. Pp. Xii + 354. $49.95 Cloth (Isbn 0-8078-2432-1); $19.95 Paper (Isbn 0-8078-4739-9). 20 Law and History Review 418 (Summer, 2002) The Chinese Exclusion Act of 1882 marked a turning point in U.S. history as the first major piece of federal legislation that banned immigrants on the basis of race or nationality. It set the precedent for future restrictions against other Asian immigrants and against Eastern and Southern Europeans in the twentieth century. Andrew Gyory has set out... 2002
Bill Ong Hing Answering Challenges of the New Immigrant-driven Diversity: Considering Integration Strategies 40 Brandeis Law Journal 861 (Summer, 2002) In an odd manner, the tragic events of September 11th served as a reminder that the United States is a nation of immigrants that has grown more and more diverse since the 1965 amendments to the country's immigration laws. As the nation reeled from the attacks, we regrouped in incredible demonstrations of unity and patriotism. Yet, an ugly side of... 2002
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy... 2002
Spencer Overton But Some Are More Equal: Race, Exclusion, and Campaign Finance 80 Texas Law Review 987 (April, 2002) Legal academics who call for campaign finance reform--let us call them Reformers--have overlooked the significance of race, and as a result their critiques of constitutional jurisprudence and reform proposals remain woefully incomplete. Studies reveal that people of color comprise approx-imately thirty percent of the nation's population, but... 2002
Victor C. Romero Devolution and Discrimination 58 New York University Annual Survey of American Law 377 (2002) One way to determine whether the national or the state governments should have the power over immigration, that is, the ability to regulate the flow of noncitizens into a polity, is to look at the text of the U.S. Constitution, which purports to allocate powers between these entities. Unfortunately, the word immigration appears nowhere in the... 2002
David Cole Enemy Aliens 54 Stanford Law Review 953 (May, 2002) Come on, let us deal wisely with them; lest they multiply, and it come to pass, that, when there falleth out any war, they join also unto our enemies, and fight against us, and so get them up out of the land. Exodus 1:10 To those who pit Americans against immigrants and citizens against non-citizens, to those who scare peace-loving people with... 2002
Erin M. O'Callaghan Expedited Removal and Discrimination in the Asylum Process: the Use of Humanitarian Aid as a Political Tool 43 William and Mary Law Review 1747 (March, 2002) In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Through this act, Congress attempted to combat illegal immigration, while revamping the asylum process in the United States. Some of the harshest new measures were instituted under the expedited removal system. This system allows the Immigration and... 2002
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