| Author | Title | Citation | Summary | Year |
| Raquel Aldana |
Of Katz and "Aliens": Privacy Expectations and the Immigration Raids |
41 U.C. Davis Law Review 1081 (February, 2008) |
This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples' homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment,... |
2008 |
| Duane Rudolph |
Of Moral Outrage in Judicial Opinions |
26 William and Mary Journal of Race, Gender, and Social Justice 335 (Winter, 2020) |
Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal... |
2020 |
| Alex B. Long |
OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") |
55 U.C. Davis Law Review 1717 (February, 2022) |
C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... |
2022 |
| Lee Ann S. Wang |
Of the Law, but Not its Spirit": Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women |
3 UC Irvine Law Review 1221 (December, 2013) |
Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 |
2013 |
| Kunal M. Parker |
Official Imaginations: Globalization, Difference, and State-sponsored Immigration Discourses |
76 Oregon Law Review 691 (Fall 1997) |
Any attempt to situate the immigrant in the inter/national imagination, as the title of this symposium bids us do, must engage two extremely influential academic discourses. I will designate them as (1) the discourse of globalization as a cultural phenomenon and (2) the discourse of difference. Certain strains within these discourses deploy to... |
1997 |
| Matthew T. Hovey |
Oh, I'm Sorry, Did That Identity Belong to You? How Ignorance, Ambiguity, and Identity Theft Create Opportunity for Immigration Reform in the United States |
54 Villanova Law Review 369 (2009) |
No subject touches the essence of the American experience more fundamentally than immigration, for our history is that of a heterogeneous people in quest of a homogeneous national identity. In 2004, Mr. Nassim Mohamed Leon, a Tanzanian man who legally immigrated to the United States and subsequently became a naturalized citizen, achieved a feat... |
2009 |
| Andrew Hammond |
ON FIRES, FLOODS, AND FEDERALISM |
111 California Law Review 1067 (August, 2023) |
In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... |
2023 |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review 1289 (September, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review Online 239 (August, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
| Emily Ryo |
On Normative Effects of Immigration Law |
13 Stanford Journal of Civil Rights & Civil Liberties 95 (February, 2017) |
Can laws shape and mold our attitudes, values, and social norms, and if so, how do immigration laws affect our attitudes or views toward minority groups? I explore these questions through a randomized laboratory experiment that examines whether and to what extent short-term exposures to anti-immigration and pro-immigration laws affect people's... |
2017 |
| D. Wendy Greene |
On Race, Nationhood, and Citizenship: Laura E. Gómez, Manifest Destinies: the Making of the Mexican American Race--new York University Press, 2007 |
34 Thurgood Marshall Law Review 421 (Spring, 2009) |
In response to a marked increase in immigration from South and Central America and a rapidly changing demography, within the past two decades a number of United States news pundits, politicians, and scholars have manufactured media campaigns linking illegal immigration in the United States to individuals of Mexican descent. This portrayal has... |
2009 |
| Khaled A. Beydoun |
ON TERRORISTS AND FREEDOM FIGHTERS |
136 Harvard Law Review Forum 1 (20-Oct-22) |
The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... |
2022 |
| Todd H. Goodsell |
On the Continued Need for H-1b Reform: a Partial, Statutory Suggestion to Protect Foreign and U.s. Workers |
21 BYU Journal of Public Law 153 (2007) |
During the summer of 2006, the nation was abuzz with talk of immigration reform. From Congress to Calexico, talk of amnesty and anti-terrorism, green cards and orange cards, minute men and mini-Ellis Islands filled both backyard summer barbecues and news reports. Emotions and rhetoric ran high. It seemed as though everyone had an opinion, but no... |
2007 |
| Maya J. Williams |
ON THE FENCE ABOUT IMMIGRATION AND OVERPOPULATION: "ENVIRONMENTALISTS" CHALLENGE DHS POLICIES ON NEPA BASIS IN WHITEWATER DRAW NATURAL RESOURCE CONSERVATION DISTRICT v. MAYORKAS |
34 Villanova Environmental Law Journal 301 (2023) |
Since the late 1990s, anti-immigration forces based on environmental concerns have been prevalent in the United States. Referred to as the greening of hate, organizations like the Sierra Club - one of the nation's most significant environmental organizations - have identified immigrants as the leading cause of overpopulation as well as urban... |
2023 |
| Michael McCann , Filiz Kahraman |
ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES |
17 Annual Review of Law and Social Science 483 (2021) |
legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... |
2021 |
| Asad L. Asad |
On the Radar: System Embeddedness and Latin American Immigrants' Perceived Risk of Deportation |
54 Law and Society Review 133 (March, 2020) |
Drawing on in-depth interviews with 50 Latin American immigrants in Dallas, Texas, this article uncovers systematic distinctions in how immigrants holding different legal statuses perceive the threat of deportation. Undocumented immigrants recognize the precarity of their legal status, but they sometimes feel that their existence off the radar of... |
2020 |
| Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2023 |
| Devon A. Corneal |
On the Way to Grandmother's House: Is U.s. Immigration Policy More Dangerous than the Big Bad Wolf for Unaccompanied Juvenile Aliens? |
109 Penn State Law Review 609 (Fall, 2004) |
When Little Red Riding Hood began her now infamous journey, she stepped onto a well-marked path designed to take her straight to her loving (albeit ailing) grandmother's house and home again. Neither Red Riding Hood nor her mother had any reason to fear that her outing would be anything but a safe and uneventful jaunt to take her grandmother a... |
2004 |
| Abby Sullivan |
On Thin Ice: Cracking down on the Racial Profiling of Immigrants and Implementing a Compassionate Enforcement Policy |
6 Hastings Race and Poverty Law Journal 101 (Winter 2009) |
Since 2006 the United States Immigration and Customs Enforcement (ICE) has increasingly conducted workplace and residence raids as a prominent mechanism for the enforcement of immigration laws. According to the Immigration Policy Center, a nonprofit immigration think tank, the immigration reform debate's heavy focus on undocumented immigration... |
2009 |
| Timothy J. Lukes , Minh T. Hoang |
Open and Notorious: Adverse Possession and Immigration Reform |
27 Washington University Journal of Law and Policy 123 (2008) |
The first thing visitors see upon arrival to Kelley Park and its San Jose Historical Museum is a replica of the gigantic light tower that briefly straddled the corner of Santa Clara and Market Streets. The tower was built by J. J. Owen, whose enlightenment interests also inspired his purchase of the San Jose Mercury, where a poetic supporter waxed... |
2008 |
| Kevin R. Johnson |
Open Borders? |
51 UCLA Law Review 193 (October, 2003) |
U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible... |
2003 |
| Maritza I. Reyes |
Opening Borders: African Americans and Latinos Through the Lens of Immigration |
17 Harvard Latino Law Review Rev. 1 (Spring 2014) |
African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in... |
2014 |
| Kevin R. Johnson |
Opening the Floodgates: Why America Needs to Rethink its Borders and Immigration Laws |
61 SMU Law Review Rev. 3 (Winter 2008) |
TIME and time again, U.S. immigration law has been well behind global and domestic changes, resulting in numerous laws and incidents that we now regret as a nation. Sadly, the United States is still behind the times. In terms of immigration policy, the nation still lives in a world of kingdoms with moats, walls, and barriers, rather than a modern... |
2008 |
| Mark C. Weber |
Opening the Golden Door: Disability and the Law of Immigration |
8 Journal of Gender, Race and Justice 153 (Spring 2004) |
The United States is a nation of immigrants. It is also a nation founded on ideals of equality, however imperfectly realized those ideals have always been. This Article considers the equality rights of people with disabilities who seek to pass through the golden door of immigration into the United States. After the early historical period of free... |
2004 |
| Shefali Milczarek-Desai |
OPENING THE PANDEMIC PORTAL TO RE-IMAGINE PAID SICK LEAVE FOR IMMIGRANT WORKERS |
111 California Law Review 1171 (August, 2023) |
Historically, pandemics have forced humans to break with the past and imagine their world anew. This one is no different. It is a portal, a gateway between one world and the next. --Arundhati Roy The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision... |
2023 |
| Francesca Strumia , Asha Kaushal |
Opening the Ranks of Constitutional Subjects: Immigration, Identity, and Innovation in Italy and Canada |
18 German Law Journal 1657 (December 1, 2017) |
The relationship between immigration and constitutional identity is simultaneously obvious and evasive. This Article explores that relationship through a comparative case study of Italy and Canada. It begins with a conceptual analysis of the role of immigration against the backdrop of collective identity, constitutional identity, and constitutional... |
2017 |
| Linda S. Bosniak |
Opposing Prop. 187: Undocumented Immigrants and the National Imagination |
28 Connecticut Law Review 555 (Spring, 1996) |
Political imagination is, almost always, national imagination. Among the many bruising battles engendered by the recent immigration wars in this country, the battle over California's Proposition 187 has touched an exceptionally deep nerve. Approved by the state's voters in 1994, this anti-illegal alien initiative willif the courts uphold... |
1996 |
| Ryan Saunders |
OPTING OUT OF THE EXCEPTION: WASHINGTON'S OPPORTUNITY TO PROVIDE DUE PROCESS FOR DETAINED IMMIGRANTS |
22 Seattle Journal for Social Justice 155 (Fall, 2023) |
The Northwest Detention Center also known as NW ICE Processing Center in Tacoma, WA is one of the largest immigration prisons in the country, with a capacity to hold up to 1,975 immigrants. People end up in the detention center after being transferred from prisons in our state after ending their sentences, after being detained during immigration... |
2023 |
| Jacob Bronsther , Guha Krishnamurthi |
OPTIONAL LEGISLATION |
107 Minnesota Law Review 297 (November, 2022) |
Not since the nineteenth century has partisanship been this intense. The only thing that Democrats and Republicans can agree upon, it seems, is that Washington is broken. Indeed, for years now, Congress has been unable to pass legislation on issues that pose serious risk to the nation and on which there is broad consensus for a federal solution... |
2022 |
| Michael D. Ramsey |
Originalism and Birthright Citizenship |
109 Georgetown Law Journal 405 (December, 2020) |
The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does... |
2020 |
| Jan C. Ting |
Other than a Chinaman : How U.s. Immigration Law Resulted from and Still Reflects a Policy of Excluding and Restricting Asian Immigration |
4 Temple Political & Civil Rights Law Review 301 (Spring 1995) |
The first purpose of this article is to state explicitly what most students and practitioners of immigration law already know implicitly or inferentially--(1) that U.S. immigration law is a direct product of the attempt to exclude Asian immigrants from the United States, and (2) that the history of U.S. immigration law reflects a protracted effort... |
1995 |
| Susan Bibler Coutin |
'Otro Mundo Es Posible': Tempering the Power of Immigration Law Through Activism, Advocacy, and Action |
67 Buffalo Law Review 653 (May, 2019) |
Since the late 1970s, when the United States Congress commissioned the Select Commission on Immigration and Refugee Policy to reevaluate immigration law and policy, public debate over immigration to the United States has become increasingly intense and polarized. In recent years, United States President Donald J. Trump has denounced Mexican... |
2019 |
| Victor C. Romero |
Our Illegal Founders |
16 Harvard Latino Law Review 147 (Spring, 2013) |
I. The Current Immigration Debate in Historical Context. 147 II. A Brief History of (Il)legal Immigration. 150 A. Private Borders, National Borders, and the Role of Law. 150 B. The Malleable Border in U.S. History. 151 1. Privilege and Power during the 1700s: Our Illegal Founding Fathers. 152 2. The View from Below: Illegal People in the New... |
2013 |
| Michael Molstad |
Our Inner Demons: Prosecuting Domestic Terrorism |
61 Boston College Law Review 339 (January, 2020) |
Abstract: The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist... |
2020 |
| Katherine Tonnas |
Out of a Far Country: the Sojourns of Cubans, Vietnamese, Haitians, and Chinese to America |
20 Southern University Law Review 295 (Fall, 1993) |
The United States is a nation of immigrants and refugees. The founding fathers, Thomas Jefferson and others did ... create a civic culture which made it possible for the United States to make Americans out of people from vastly different cultural and religious backgrounds unlike any other country. Therefore, some writers contend that American... |
1993 |
| Kenneth L. Karst |
Out of Many, One? |
2 Indiana Journal of Global Legal Studies 65 (Fall, 1994) |
Once again, U.S. politics has placed the topic of immigration in the foreground of debate. The Governor of California has called for an amendment to the U.S. Constitution that would deny citizenship to a child born in the United States if the child's parents entered the country illegally. Although this appalling proposal seems unlikely to be taken... |
1994 |
| Lydia Turnage |
Out of Sight, out of Mind: Rural Special Education and the Limitations of the Idea |
54 Columbia Journal of Law and Social Problems Probs. 1 (Fall, 2020) |
In 1975, the Individuals with Disabilities Education Act (IDEA) established a substantive right to free appropriate public education (FAPE) for children with special needs. Since that time, the right to FAPE has primarily been defined by--and enforced through--the IDEA's robust set of procedural safeguards and avenues for private enforcement.... |
2020 |
| Jennifer M. Chacón |
Overcriminalizing Immigration |
102 Journal of Criminal Law and Criminology 613 (Summer 2012) |
Although there is a burgeoning literature on the criminalization of migration, immigration issues are not usually included in academic conversations surrounding overcriminalization. Criminal law scholars may not have been particularly attuned to developments in the world of immigration law because they have understood it to be primarily the domain... |
2012 |
| Hilda Loury |
PACHAMAMA OVER PEOPLE AND PROFIT: A CASE FOR INDIGENOUS ECOLOGY AND ENVIRONMENTAL PERSONHOOD |
47 American Indian Law Review 229 (2022-2023) |
C1-2Table of Contents Introduction. 229 I. The Environmental Crisis. 231 A. The Anthropocene. 231 B. Global Environmental Changes. 233 II. A Comparative Analysis of Indigenous and Western Ecology. 236 A. Prefaces. 236 B. Self, Other, and Nature. 237 C. Use and Consumption. 241 D. Cultural Priorities. 243 III. Law and Personhood. 246 A. U.S.... |
2023 |
| Professor E. Tendayi Achiume |
PANDEMIC BORDERS AND RACIAL BORDERS: KEYNOTE DELIVERED AT THE 2020 ANNUAL SYMPOSIUM OF THE UCLA JOURNAL OF INTERNATIONAL LAW AND FOREIGN AFFAIRS |
27 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2023) |
C1-3Table of Contents I. Beginning in the Past. 3 II. Considering the Present. 8 III. Race as a Territorial Border. 12 |
2023 |
| Christian Sundquist |
PANDEMIC POLICING |
37 Georgia State University Law Review 1339 (Summer, 2021) |
C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 |
2021 |
| Christian Powell Sundquist |
PANDEMIC SURVEILLANCE DISCRIMINATION |
51 Seton Hall Law Review 1535 (2021) |
I. Introduction. 1535 II. The Racialization of Public Health Crises. 1536 III. Surveillance Discrimination. 1537 IV. Conclusion. 1545 |
2021 |
| |
Panel Discussion and Commentary |
23 Regent University Law Review 379 (2010-2011) |
Mr. Ho: We are going to open up the discussion for questions from the floor. Audience Question 1: What I want to know from Ms. Stock and Professor Kobach is what other types of state laws would be constitutional, in either of your views, in this area either to encourage entrepreneurs or highly skilled immigrants to jumpstart the economy? Are there... |
2011 |
| 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 |
| |
Panel Two: Should There Be Remote Public Access to Court Filings in Immigration Cases? |
79 Fordham Law Review 25 (October, 2010) |
JUDGE HINKLE: This next panel is a more specific application of some of the general principles that were addressed in the panel that we just finished. When CACM was first developing the privacy policies that led later to the adoption of the rules that we are operating under, Social Security cases were cut out for different treatment than all other... |
2010 |
| David C. Koelsch |
Panic in Detroit: the Impact of Immigration Reforms on Urban African Americans |
5 Georgetown Journal of Law and Public Policy 447 (Summer, 2007) |
Premise: Proposals to reform the current immigration system to legalize undocumented immigrants will impact poor, urban African Americans to a greater degree than the majority of the United States population. Detroit, as the largest African American-majority city in the United States, is a microcosm of the nationwide effects of a broad legalization... |
2007 |
| Nantiya Ruan |
Papercuts: Hierarchical Microaggressions in Law Schools |
31 Hastings Women's Law Journal L.J. 3 (Winter, 2020) |
It is hard to say no to the existing social and political order--and to mean it, to mean it with an everyday commitment of energy. --Dorothy Day Death by a thousand cuts. Torts lacks the status of Contracts. In this alternate universe, it is the drafting and interpreting of legal documents that is most valued in the law. As the Professors of... |
2020 |
| John C. Eastman |
Papers, Please: Does the Constitution Permit the States a Role in Immigration Enforcement? |
35 Harvard Journal of Law & Public Policy 569 (Spring, 2012) |
Arizona kicked up quite a dust storm in 2010 when it enacted Senate Bill 1070 (S.B. 1070). Proponents hoped the law would help Arizona control the burgeoning illegal immigration into the state and its attendant costs-- costs that affect the financial stability of the state, the safety of its residents, and the very rule of law itself. The legal... |
2012 |
| Michael Scaperlanda |
Partial Membership: Aliens and the Constitutional Community |
81 Iowa Law Review 707 (March 1, 1996) |
In the midst of one of the largest waves of legal immigration in our nation's history, a strong anti-immigrant undertow threatens to pull us from our constitutional commitment to equality and from our national mythology of open arms and golden doors. The debates concerning noncitizens in the public square of the 1990s provide a good occasion and... |
1996 |
| Keith Aoki , John Shuford , Esmeralda Soria , Emilio Camacho |
Pastures of Peonage?: Tracing the Feedback Loop of Food Through Ip, Gmos, Trade, Immigration, and U.s. Agro-maquilas |
4 Northeastern University Law Journal L.J. 1 (Spring, 2012) |
I. Introduction II. The Rise of Global Agribusiness and GMOs A. Agrichemical Farming and IP Protection for GE Food Crops and PGR B. Industrialization and Concentration of Farming and Food Transport, Processing, and Sales III. Economic Globalization and Labor Migration in North America A. Globalization of Finance and Trade: Effects on Mexico's... |
2012 |