By Karl Manheim State Immigration Laws and Federal Supremacy 22 Hastings Constitutional Law Quarterly 939 (Summer 1995) C1-3Table of Contents I. The Development of Alien and Immigration Laws in the United States. 950 A. Give Me Your Tired and Poor, Your Huddled Masses Yearning to Breathe Free. 950 B. Closing the Golden Door. 952 C. Taking Aim at Federalism. 956 II. The Dormant Immigration Clause. 958 A. Plenary Federal Power. 958 B. Preserving a Role for the... 1995
William R. Tamayo When the "Coloreds" Are Neither Black Nor Citizens: the United States Civil Rights Movement and Global Migration 2 Asian Law Journal 1 (May 1, 1995) In this time of great national concern over the control of American borders and the legal and social status of immigrants, the traditional Civil Rights Movement is at a crucial stage. In this Article, the author finds that the Civil Rights Movement, which operates in a primarily Black v. white paradigm, is ill-equipped to deal with an... 1995
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) In this article, Professor Scanlan argues that in spite of recent trends toward globalism, traditionally composed nation-states, especially the United States, will continue to exercise localized control over immigration and receiving nations may pursue increasingly restrictive policies. The author begins with a history of recent U.S. and European... 1994
Louis Henkin An Immigration Policy for a Just Society? 31 San Diego Law Review 1017 (FALL 1994) Thanks largely to A Theory of Justice , Professor John Rawls' modern classic, justice has been a preoccupation of political philosophers in the second half of the Twentieth Century. But Rawls - and Aristotle, who was occupied with justice 2,300 years earlier, and virtually all the many others in between - addressed the just society as... 1994
Louis Henkin Immigration and the Constitution: a Clean Slate 35 Virginia Journal of International Law 333 (Fall, 1994) For post-prandial remarks, at this conference, I have decided to address only a huge subject, to talk only about what you already know, and to invite you to join me in a perhaps-quixotic battle. The title of my remarks is Immigration and the Constitution: A Clean Slate. For many of you, this title will ring bells. Many of you will recall the... 1994
Michael Scaperlanda Justice Thurgood Marshall and the Legacy of Dissent in Federal Alienage Cases 47 Oklahoma Law Review 55 (Spring, 1994) Thurgood Marshall, whose name will be forever etched in the memory of a nation, tirelessly prodded the American conscience, searing the ugliness of segregation and racial hatred, calling us to reach deep within ourselves to discover the better part of our human nature. Yes, he will be remembered as the first black justice of the United States... 1994
Virginia Ramadan, Rebecca Clark, Mark B. Lewis, Thomas E. Fox, Moderator Associate Professor of Law, New York Law School, Research Associate, Urban Institute Population Study Center, Associate Commissioner, office of Refugee Assistance and Rehabilitation Panel Three: Immigration and Social Policy 11 New York Law School Journal of Human Rights 559 (Symposium, 1994) VIRGINIA RAMADAN: Our previous panels, if I may generalize, addressed the issue of who we should allow in, and, perhaps, what should be afforded to those who are let in. What this panel will discuss is, after we let them in, how should we treat them? Should aliens or immigrants be afforded the same rights in terms of social services as United... 1994
Daina C. Chiu The Cultural Defense: Beyond Exclusion, Assimilation, and Guilty Liberalism 82 California Law Review 1053 (July 1, 1994) On September 27, 1987, Dong-lu Chen confronted his wife, Jian-wan, about her suspected infidelity. Jian-wan admitted that she was having an extramarital affair. Dong-lu was so enraged by his wife's infidelity that he rushed into another room, picked up a hammer, and then smashed it into his wife's head eight times. Jian-wan subsequently died from... 1994
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 passage of the Immigration Act of 1990 and its subsequent signature by President Bush represent the closing of a shameful chapter in United States history. The new law repealed many of the exclusionary provisions of the Immigration and Nationality Act (INA), among them, the exclusion of homosexuals. The quiet and unspectacular passage of the... 1994
Dave McCurdy The Future of U.s. Immigration Law 20 Journal of Legislation 3 (1994) Immigration reform is rapidly becoming a major political issue in 1994. With economic growth at a standstill and a new wave of immigrants rushing to our shores, some sixty-five percent of Americans now favor tighter immigration laws. Dozens of immigration bills have been introduced in Congress, bills which call for everything from a strengthening... 1994
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