Gabriel J. Chin Regulating Race: Asian Exclusion and the Administrative State 37 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 2002) The rise of administrative bodies, Justice Robert Jackson wrote, probably has been the most significant legal trend of the last century .. They have become a veritable fourth branch of the Government .. It is easy to see why Justice Jackson's view is widely shared. The great federal regulatory agencies exert significant influence over large... 2002
Todd Stevens Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882-1924 27 Law and Social Inquiry 271 (Spring 2002) When Congress ended the immigration of Chinese laborers in 1882, the Chinese population was over 95% male. While there has been much disagreement about why so few women came, the more fruitful question may be to ask how Chinese women were able to immigrate to the United States at all. Central to their immigration were legal arguments for lawful... 2002
Peter Margulies Uncertain Arrivals: Immigration, Terror, and Democracy after September 11 2002 Utah Law Review 481 (2002) American immigration law has struggled to balance two crucial values: democracy and security. Historically, national imagery celebrates immigration's role in renewing democracy. Yet, apprehension about the risks of immigration has also fueled recurring concerns about the security of American institutions. The tragic events of September 11, 2001... 2002
Gabriel J. Chin Citizenship and Exclusion: Wyoming's Anti-japanese Alien Land Law in Context 1 Wyoming Law Review 497 (2001) The year 1943 was a bad one for many people around the world, Japanese Americans among them. In 1943, the Supreme Court began upholding portions of the military action regulating their presence on the West Coast that had begun the previous year. After being subjected to a race-based curfew in 1942, by 1943 the Japanese Americans of California,... 2001
Anita Sinha Domestic Violence and U.s. Asylum Law: Eliminating the "Cultural Hook" for Claims Involving Gender-related Persecution 76 New York University Law Review 1562 (November, 2001) In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western, foreign... 2001
Michael J. Wishnie Laboratories of Bigotry? Devolution of the Immigration Power, Equal Protection, and Federalism 76 New York University Law Review 493 (May, 2001) In this Article, Professor Michael Wishnie addresses the current pressing problem of denial of benefits to legal immigrants under the 1996 Welfare Reform Act in the context of a deeper inquiry into the very heart of immigration law: From where does the federal government derive the power to regulate its borders? Can Congress devolve this power to... 2001
Lisa Sun-Hee Park Perpetuation of Poverty Through "Public Charge" 78 Denver University Law Review 1161 (2001) A number of federal and state policies have had significant impacts on low-income, pregnant immigrant women living in California. This paper focuses on the issue of Public Charge, in conjunction with the 1996 Welfare Reform and the 1996 Immigration Act. I argue that the social contexts that helped garner support for such anti-immigrant... 2001
Patrick Weil Races at the Gate: a Century of Racial Distinctions in American Immigration Policy (1865-1965) 15 Georgetown Immigration Law Journal 625 (Summer, 2001) Traditionally, scholars who study the history of American immigration policy adhere to one of two paths. The first path distinguishes between restrictionist or racist and liberal periods or ideologies. The other path, a more institutional approach, differentiates between a period without control, beginning with the foundation of the republic... 2001
JORGE A. VARGAS U.s. Border Patrol Abuses, Undocumented Mexican Workers, and International Human Rights 2 San Diego International Law Journal 1 (2001) I. Introduction. 3 A. Long Journey From the South to El Norte Seeded with Hope and Dangers. 5 1. History, Geography, and Economics: The Three Fundamental Reasons for Mexican Migration. 5 2. Mexico: The Leading Source Country of Undocumented Immigration to the United States. 7 3. The Remote Origins and Periodic Causes of Mexican Migrations to El... 2001
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) The Chinese exclusion laws (1882-1943) stand among the darkest moments in the history of American race policy. One of the first acts of federal legislation regulating immigrants, Chinese exclusion would remain the only policy that banned from entering the United States a group of people explicitly on grounds of race. Over the last thirty years... 2000
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