|Liliana M. Garcés
||Evolving Notions of Membership: the Significance of Communal Ties in Alienage Jurisprudence
||71 Southern California Law Review 1037 (July, 1998)
||In the past two years, Congress has enacted legislation that significantly restricts the rights of noncitizens and adversely affects the lives of thousands of long-term resident noncitizens nationwide. Critics of this legislation describe this present period as a wave of anti-immigrant backlash which, as in earlier times in history, will eventually...
|Estelle T. Lau
||Excavating the "Chinese Wall": Towards a Socio-historical Perspective on the Development of United States Immigration Administration and Chinese Exclusion
||92 Northwestern University Law Review 1068 (Spring, 1998)
||In 1893, the Supreme Court issued its seminal immigration decision Fong Yue Ting which held that a nation has the right to deport aliens lawfully residing within its borders. Justice Brewer dissented, but reaffirmed a sovereign nation's right to exclude. He stated that a national government has control of all matters relating to other nations and...
|Michael R. Curran
||Flickering Lamp Beside the Golden Door: Immigration, the Constitution, & Undocumented Aliens in the 1990s
||30 Case Western Reserve Journal of International Law 57 (Winter 1998)
||C1-3Table of Contents I. INTRODUCTION: AMERICA APPROACHES THE 21ST CENTURY. 58 II. THE UNDOCUMENTED ALIEN DEBATE: WHY THEY COME AND THE BURDEN ON SOCIETY'. 61 A. Labels: Aliens, Immigrants, Natives, Nationals, and Citizens. 62 B. Why They Come and the Debate About Burdens. 68 III. HISTORICAL AND LEGAL SKETCH OF THE RIGHTS OF AUTHORIZED AND...
|Berta Esperanza Hernández-Truyol , Kimberly A. Johns
||Global Rights, Local Wrongs, and Legal Fixes: an International Human Rights Critique of Immigration and Welfare "Reform"
||71 Southern California Law Review 547 (March, 1998)
||I. INTRODUCTION. 549 II. IMMIGRATION IN THE UNITED STATES. 552 III. HUMAN RIGHTS LAW. 563 IV. INTERNATIONAL HUMAN RIGHTS VIOLATIONS. 568 A. Nondiscrimination Protections Under International Human Rights Norms. 570 1. Classifications Based on Race, Ethnicity, or National Origin. 570 2. Classifications Based on Sex. 572 3. The Status of Children in...
||No Right to Own?: the Early Twentieth-century "Alien Land Laws" as a Prelude to Internment
||19 Boston College Third World Law Journal 37 (Fall, 1998)
||The past is never dead. It's not even past. It was a long time before we began to understand exploitation . It is possible that the struggles now taking place and the local, regional and discontinuous theories that derive from these struggles and that are indissociable from them stand at the threshold of our discovery of the manner in which power...
|Kevin R. Johnson
||Race, the Immigration Laws, and Domestic Race Relations: a "Magic Mirror" into the Heart of Darkness
||73 Indiana Law Journal 1111 (Fall, 1998)
||L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War...
|Gabriel J. Chin
||Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration
||46 UCLA Law Review 1 (October, 1998)
||For over a century, the Supreme Court has granted federal immigration laws a unique immunity from judicial review. Relying on the so-called plenary power doctrine, the Court has said that over no conceivable subject is federal power greater than it is over immigration; even modern federal cases, for example, state that Congress may freely...
|Natsu Taylor Saito
||Alien and Non-alien Alike: Citizenship, "Foreignness," and Racial Hierarchy in American Law
||76 Oregon Law Review 261 (Summer 1997)
||I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289...
|Lenni B. Benson
||Back to the Future: Congress Attacks the Right to Judicial Review of Immigration Proceedings
||29 Connecticut Law Review 1411 (Summer, 1997)
||To become a United States citizen, a lawful permanent resident alien must successfully demonstrate a knowledge of United States history and government. A standard examination question is: How many branches are there in the federal government of the United States? The correct answer of course is three branches. However, where immigration...
||Changing Landscapes: the Need for Asian Americans to Be Included in the Affirmative Action Debate
||32 Gonzaga Law Review 621 (1996-1997)
||I. Introduction. 622 II. Historical Context: Racial Discrimination Against Asian Americans. 628 A. Chinese Immigrants. 629 B. The Internment of Japanese Americans. 631 III. Affirmative Action. 634 A. The Conception and Implementation of Affirmative Action Programs. 634 B. The Absence of Asian Americans from the Affirmative Action Debate. 636 IV....