| Author | Title | Citation | Summary | Year |
| Jean Shin |
The Asian American Closet |
11 Asian Law Journal 1 (May, 2004) |
The disparate treatment of capital and labor reflects one of globalization's central asymmetries: the law often allows financial capital, but not people, to move freely across borders. Yet scholars have largely neglected the intersection of these two regimes, the legal restrictions on migrants' capital, particularly when the migrants themselves are... |
2021 |
| Daina C. Chiu |
The Cultural Defense: Beyond Exclusion, Assimilation, and Guilty Liberalism |
82 California Law Review 1053 (July 1, 1994) |
The last few years saw deeply troubling developments in U.S. immigration law and enforcement. The Obama administration annually removed hundreds of thousands of noncitizens from the United States, which earned the President the unflattering nickname of Deporter in Chief. After making immigration enforcement the cornerstone of his 2016... |
2021 |
| Philip Brashier |
The United States Struggles with past Judicial Interpretations in Defining the Modern Law of Immigration |
37 South Texas Law Review 1357 (October, 1996) |
This Essay puts forward a two-element argument that noncitizen defendants can use to establish that they have been interrogated for Miranda purposes when they have been questioned about their immigration status by Immigration and Customs Enforcement (ICE) officers. I examine the briefing and decision in one defendant's case to illustrate why this... |
2021 |
| Rita Cinquemani |
THE VOLUNTARY WORK PROGRAM: A DISCUSSION ON MINIMUM WAGE FOR CIVIL IMMIGRATION DETAINEES |
38 Hofstra Labor and Employment Law Journal 397 (Spring, 2021) |
This Essay traces the roots of the criminal legal and immigration systems and explains my personal journey through these systems, as well as what I have observed about how they operate today. These systems are rooted in British and colonial laws, as well as Puritanism. The remnants of these practices still affect our systems today and show us that... |
2021 |
| Jared A. Goldstein |
Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump |
20 University of Pennsylvania Journal of Constitutional Law 489 (February, 2018) |
Truly I tell you, whatever you did not do for one of the least of these, you did not do for me. --Matthew 25:45 America is fortunate to have a long running and relatively stable democratic government, due in large part to the robustness of many of its democratic institutions. Analogically, one can describe democratic institutions as some of the... |
2021 |
| Jennifer M. Chacón |
Unsecured Borders: Immigration Restrictions, Crime Control and National Security |
39 Connecticut Law Review 1827 (July, 2007) |
Under which circumstances is it legitimate to force people to be free? Focusing on recent cases in Europe--handshaking, gender-mixed swimming lessons, and burkini bans--the Article exposes two types of moral hypocrisy in the European approach to this question. First, there is an increasing appeal to the notion of forcing people to be free in... |
2021 |
| Issa Kohler-Hausmann |
What's the Point of Parity? Harvard, Groupness, and the Equal Protection Clause |
115 Northwestern University Law Review Online 1 (5/8/2020) |
What I want to say in this letter, wrote the exasperated Viceroy of India in a telegram to the London-based Secretary of State for India, is that the time for palliatives is past, . and that, if public opinion--and this won't remain a purely Indian question--is to be satisfied, recruiting must stop. Weeks later, on March 10, 1917, the British... |
2021 |
| Henry S. Cohn , Harvey Gee |
No, No, No, No!: Three Sons of Connecticut Who Opposed the Chinese Exclusion Acts |
3 Connecticut Public Interest Law Journal 1 (Fall, 2003) |
Introduction. 1968 I. Immigration Prosecution in the Trump Era. 1974 A. Executive Orders on Immigration Crime. 1977 B. Zero Tolerance for Illegal Entry. 1982 C. Enhanced Punishment for Illegal Reentry. 1986 II. The Movement to Resist Border Criminalization. 1991 A. Ending the Forced Separation of Families. 1991 B. Protecting the Rights of Asylum... |
2020 |
| Ediberto Román |
The Alien Invasion? |
45 Houston Law Review 841 (Summer 2008) |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... |
2020 |
| Carrie L. Rosenbaum |
(UN)EQUAL IMMIGRATION PROTECTION |
50 Southwestern Law Review 231 (2021) |
[I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... |
2020 |