|Patricia I. Folan Sebben
||U.s. Immigration Law, Irish Immigration and Diversity: Cead Mile Failte (A Thousand Times Welcome)?
||6 Georgetown Immigration Law Journal 745 (December, 1992)
||In the halls of the University College of Galway, posters advertise the next topic of the school's debate team: Is Ireland the 51st state of the United States? It is estimated that approximately 100,000 Irish immigrants were living illegally in the United States in 1990, and more were soon to follow, due in large part to the Immigration Act of...
|Janet M. Calvo
||Spouse-based Immigration Laws: the Legacies of Coverture
||28 San Diego Law Review 593 (Summer, 1991)
||A woman from the Philippines was abused by her United States citizen spouse. He threatened to have immigration authorites deport her to the Philippines if she tried to leave him. She stayed. He later cut her all over her back, head, and hands with a meat cleaver. An American citizen married a Polish woman and brought her to the United States....
||Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation
||100 Yale Law Journal 545 (December, 1990)
||I. Plenary Power as Constitutional Law A. Classical Immigration Law B. Plenary Power in the Early Modern Era II. Phantom Norms, Statutory Interpretation, and Constitutional Change A. Constitutional Norms and Statutory Interpretation B. The Emergence of Phantom Norm Decisionmaking in Immigration Law C. Constitutional Change: From Phantom Norms to...
||Judicial Review of Amnesty Denials: must Aliens Bet Their Lives to Get into Court?
||25 Harvard Civil Rights-Civil Liberties Law Review 53 (Winter, 1990)
||The debate over American immigration policy has always reflected both high ideals and base impulses. This dialectic has affected immigration law doctrine in distinctive ways. Uncertainty about the constitutional rights of aliens, the power of Congress and the executive and the proper role of the judiciary have made immigration law concepts...
|Joe A. Tucker
||Assimilation to the United States: a Study of the Adjustment of Status and the Immigration Marriage Fraud Statutes
||7 Yale Law and Policy Review 20 (1989)
||We do almost no single sensible and deliberate thing to make family life a success. And still the family survives. It has survived all manner of stupidity. It will survive the application of intelligence. Walter Lippmann A couple, who for the purposes of this article shall be identified as the Smiths, a citizen and nonimmigrant student, met and...
||Ideological Exclusion, Plenary Power, and the Plo
||77 California Law Review 831 (July 1, 1989)
||Section 901 of the Foreign Relations Act, Fiscal Years 1988 and 1989, guarantees that some aliens will not be excluded or deported because of their ideological expression or association. Resident aliens and members of the Palestine Liberation Organization are excepted from section 901 and are, therefore, subject to ideological exclusion. This...
|Steven R. Shapiro
||Ideological Exclusions: Closing the Border to Political Dissidents
||100 Harvard Law Review 930 (February, 1987)
||The historic struggle for freedom of expression, both in England and in this country, was primarily directed against the power of the licensor. Recognizing this origin of the first amendment, the Supreme Court has repeatedly struck down licensing schemes that vest the government with discretionary power to censor the content of public debate. A...
||The Constitution and United States Sovereignty: a Century of Chinese Exclusion and its Progeny
||100 Harvard Law Review 853 (February, 1987)
||In an issue that reflects our penchant for periodic celebration and our habit of thinking decimally, it will doubtless be noted that the Harvard Law Review was born during the centenary of the United States Constitution and thatof coursethe Review's hundredth birthday occurs as the nation celebrates the Constitution's bicentennial. Several will...
|Kenneth L. Karst
||Paths to Belonging: the Constitution and Cultural Identity
||64 North Carolina Law Review 303 (January, 1986)
||American history is the history of many peoples. In our multicultural society immigrants have followed two paths to satisfy their need to belong: they have turned inward to group solidarity and outward toward assimilation. Professor Karst explores these two paths to belonging and illustrates how our Constitution can aid outsiders in their search...
|Peter H. Schuck
||The Transformation of Immigration Law
||84 Columbia Law Review 1 (January, 1984)
||Immigration has long been a maverick, a wild card, in our public law. Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. In a legal firmament transformed by revolutions in due...