Mangesh Duggal Justice Delayed but Not Denied: Hong Yen Chang's Quest 22 Asian American Law Journal 119 (2015) 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
Emily Ryo Legal Attitudes of Immigrant Detainees 51 Law and Society Review 99 (March, 2017) 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
Paul Yin The Narratives of Chinese-american Litigation During the Chinese Exclusion Era 19 Asian American Law Journal 145 (2012) 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
Paul L. Frantz Undocumented Workers: State Issuance of Driver Licenses Would Create a Constitutional Conundrum 18 Georgetown Immigration Law Journal 505 (Spring, 2004) 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
John A. Scanlan A View from the United States -- Social, Economic, and Legal Change, the Persistence of the State, and Immigration Policy in the Coming Century 2 Indiana Journal of Global Legal Studies 79 (Fall, 1994) After the elimination of the discriminatory national origins quota system in 1965, the United States experienced a dramatic change in the demographics of immigration. Many more immigrants of color from developing nations have come to this country since the revolutionary reform. Over the decades following the elimination of the quota system, public... 2000
Gerald L. Neuman Aliens as Outlaws: Government Services, Proposition 187, and the Structure of Equal Protection Doctrine 42 UCLA Law Review 1425 (August 1, 1995) Arsonists of the Order of Caucasians, a white supremacist group that blamed Chinese immigrants for all the economic sufferings of white workers, tried to burn down the Chinatown in Chico and murdered four Chinese men by tying them up, dousing them with kerosene, and setting them on fire. A mob of white miners massacred twenty-eight Chinese... 2000
Ruben J. Garcia Critical Race Theory and Proposition 187: the Racial Politics of Immigration Law 17 Chicano-Latino Law Review 118 (Fall 1995) For many years, controversies impacting many areas of legal scholarship have left the field of immigration law virtually untouched. Thus, although other areas of law have felt the critique advanced by critical scholars, immigration law has proceeded as a virtually self-contained unit. In doing so, immigration law has developed a paradigm for legal... 2000
Mary Szto From Exclusion to Exclusivity: Chinese American Property Ownership and Discrimination in Historical Perspective 25 Journal of Transnational Law & Policy 33 (2015-2016) I. Introduction. 676 II. Race Profiling in Criminal Law Enforcement. 680 A. Harms. 684 B. Legal Remedies. 685 III. Race Profiling in Immigration Law Enforcement. 688 A. Law in Books. 692 B. Law in Action. 696 1. On the Roads. 697 2. In the Workplace. 703 3. The Lack of Effective Remedies. 705 C. The Need for Change. 707 1. Over-Inclusiveness. 707... 2000
Juan C. Montes Haitian Interdiction on the High Seas: a U.s. Policy of Bias and Inconsistency 5 Saint Thomas Law Review 557 (Spring, 1993) I. L2-3,T3Introduction 134 II. L2-3,T3The Reaffirmation of Restriction in the Era of Deregulation: The Puzzling Persistence of the Exclusion of Aliens from the Licensing Process 141 III. L2-3,T3A Brief History of the Foreign Ownership Provision of the Communications Act of 1934 146 A. Legislative History. 146 B. Administrative and Interpretive... 2000
Leila Higgins Immigration and the Vulnerable Worker: We Built this Country on Cheap Labor 3 American University Labor & Employment Law Forum 522 (2013) In 1882, Congress passed the Chinese Exclusion Act, barring the entry into the United States of all Chinese laborers. This article explores the dilemmas and contradictions associated with the enforcement of this legislation, focusing on the early years during which the most glaring dilemmas were exposed. Drawing from congressional documents, as... 2000
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