| Author | Title | Citation | Summary | Year |
| Huyen Pham |
Proposition 187 and the Legacy of its Law Enforcement Provisions |
53 U.C. Davis Law Review 1957 (April, 2020) |
Passed by a wide margin of California voters in 1994, Prop. 187 is primarily remembered as a law that tried to deny state-funded health care and education to unauthorized immigrants. Far less attention has been paid to Section Four in Prop. 187 that required all law enforcement agencies (LEAs) in California to fully cooperate with federal... |
2020 |
| Minty Siu Chung |
Proposition 187: a Beginner's Tour Through a Recurring Nightmare |
1 U.C. Davis Journal of International Law and Policy 267 (Spring 1995) |
INTRODUCTION: WHAT IS PROPOSITION 187?. 268 I. A SHORT DETOUR THROUGH NINETEENTH CENTURY CALIFORNIA. 269 II. PROPOSITION 187: A BRIEF SUMMARY AND ANALYSIS. 275 A. Threshold Issues. 276 1. Immigration Status Definitions. 276 2. Perpetuation of False Stereotypes. 279 3. Documentation Requirements. 280 4. Accessibility of Government Services. 281 B.... |
1995 |
| Amy S. Zabetakis |
Proposition 227: Death for Bilingual Education? |
13 Georgetown Immigration Law Journal 105 (Fall, 1998) |
Before the end of the century, the white population in the state of California will lose its status as the majority. For the most part, this loss in status is because of the rising immigrant population. In response, a number of anti-immigrant initiatives have found their way onto California ballots. The most famousor infamousof these was... |
1998 |
| |
PROSECUTORIAL DISCRETION |
50 Georgetown Law Journal Annual Review of Criminal Procedure 269 (2021) |
The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... |
2021 |
| |
Prosecutorial Discretion |
49 Georgetown Law Journal Annual Review of Criminal Procedure 273 (2020) |
The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... |
2020 |
| Marissa Jackson Sow |
PROTECT AND SERVE |
110 California Law Review 743 (June, 2022) |
There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... |
2022 |
| Ingrid V. Eagly, School of Law, University of California, Los Angeles |
Protect, Serve, and Deport: the Rise of Policing as Immigration Enforcement. By Amada Armenta. Oakland: University of California Press, 2017 |
52 Law and Society Review 1100 (December, 2018) |
Amada Armenta's new book, Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement, highlights the role of local law enforcement agencies in channeling Latino immigrants into the deportation regime. Armenta's beautifully chronicled text documents the implementation of an immigration enforcement program known as 287(g) in... |
2018 |
| Daniel J. Moore |
Protecting Alien-informants: the State-created Danger Theory, Plenary Power Doctrine, and International Drug Cartels |
80 Temple Law Review 295 (Spring 2007) |
How can this be in modern day America? Mr. Enwonwu is an immigrant alien. . . . Congress does not much care about immigrant aliens, even those who, after endangering themselves assisting our law enforcement efforts to stem the international drug trade, are deported into the hands of the very drug traders upon whom they have informed. Does this... |
2007 |
| Brenda Pfahnl |
PROTECTING AMERICAN BLOOD FROM "ALIEN CONTAMINATION": SHOULD STRICT SCRUTINY APPLY TO THE RACIST ROOTS OF 8 U.S.C. § 1326? UNITED STATES v. CARRILLO-LOPEZ, 555 F. SUPP. 3D 996 (D. NEV. 2021) |
49 Mitchell Hamline Law Review 316 (April, 2023) |
I. Introduction. 318 II. Legislative History and the Influence of Eugenics in Immigration Law. 319 A. The Chinese Exclusion Act of 1882. 320 B. The Immigration Act of 1917. 321 C. The Immigration Act of 1924--The National Origins Act. 322 D. Act of 1929--The Undesirable Aliens Act. 323 E. Mexican Farm Labor Program (1942) (The Bracero Program).... |
2023 |
| Kevin R. Johnson |
Protecting National Security Through More Liberal Admission of Immigrants |
2007 University of Chicago Legal Forum 157 (2007) |
Commentators and pundits have repeated the mantra September 11 changed everything so often in the last six years that the phrase has lost nearly any and all meaning. One cannot deny that that fateful day, with the tragic loss of human life, has unquestionably altered U.S. society and the way that Americans look at the world. As a response to the... |
2007 |
| Jennifer Bennett Shinall |
PROTECTING PREGNANCY |
106 Cornell Law Review 987 (May, 2021) |
Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced farther than ever before in the House of Representatives. Four types of legislative protections for pregnant workers currently... |
2021 |
| Dina Kleyman |
Protecting the Border, One Passenger Interrogation at a Time |
77 Brooklyn Law Review 1557 (Summer, 2012) |
The terrorist attacks that occurred on September 11, 2001, represented the ultimate intersection between criminal and immigration law. Because many of the terrorists had entered the United States legally with visas issued by the Immigration and Naturalization Service (INS), the tragedy revealed the deficiencies in the administration of laws that... |
2012 |
| Daniel Ford, Lori Jordan Isley, Richard W. Kuhling, Joachim Morrison |
Protecting the Employment Rights and Remedies of Washington's Immigrant Workers |
48 Gonzaga Law Review 539 (2012-2013) |
I. Introduction. 540 II. Promoting Access Through Courthouse Policies. 541 III. Protection From Intimidation: Ethical Constraints on Using or Threatening to Use Immigration Status in Civil Representation. 542 IV. Protection From Harmful Disclosures: Discovery Limitations for Remedies Available to All Workers. 546 A. State Law Remedies for Lost... |
2013 |
| Catherine L. Fisk, Diana S. Reddy |
Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements |
70 Emory Law Journal 63 (2020) |
Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement's experience of being regulated by law. In this Article, we ask how refocusing... |
2020 |
| Andrew T. Hayashi , Richard M. Hynes |
PROTECTIONIST PROPERTY TAXES |
106 Iowa Law Review 1091 (March, 2021) |
National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... |
2021 |
| Victor C. Romero |
Proxies for Loyalty in Constitutional Immigration Law: Citizenship and Race after September 11 |
52 DePaul Law Review 871 (Spring 2003) |
I want to share with you some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between... |
2003 |
| Kevin R. Johnson |
Public Benefits and Immigration: the Intersection of Immigration Status, Ethnicity, Gender, and Class |
42 UCLA Law Review 1509 (August 1, 1995) |
Introduction. 1510 I. Menaces to Society: Public Charges, Welfare Mothers, and Criminal Aliens'. 1519 A. Immigrants and Public Benefits: A History of Fear. 1519 B. The Ineligibility of Undocumented Persons for Most Major Federal Public Assistance Programs. 1528 C. Outlaw Aliens': Benefit Recipients and Criminals. 1531 D. Immigration Benefit... |
1995 |
| Meredith Van Natta , Department of Sociology, University of California, Merced, Merced, California, USA |
PUBLIC CHARGE, LEGAL ESTRANGEMENT, AND RENEGOTIATING SITUATIONAL TRUST IN THE US HEALTHCARE SAFETY NET |
57 Law and Society Review 531 (December, 2023) |
US immigration law increasingly excludes many immigrants materially and symbolically from vital safety-net resources. Existing scholarship has emphasized the public charge rule as a key mechanism for enacting these exclusionary trends, but less is known about how recent public charge uncertainty has shaped how noncitizens and healthcare workers... |
2023 |
| Donald T. Hornstein |
PUBLIC INVESTMENT IN CLIMATE RESILIENCY: LESSONS FROM THE LAW AND ECONOMICS OF NATURAL DISASTERS |
49 Ecology Law Quarterly 137 (2022) |
This Article takes issue with an important claim in the public choice and climate disaster literature: that American political markets will not allow appropriate investments in disaster preparedness and prevention, even when those investments are cost-benefit bargains. The claim is significant because the costs of climate disasters in the... |
2022 |
| Sam Kalen |
PUBLIC LAND MANAGEMENT'S FUTURE PLACE: ENVISIONING A PARADIGM SHIFT |
82 Maryland Law Review 240 (2023) |
The recent sesquicentennial of Yellowstone National Park, the nation's first and prototypical national park, marked an opportune moment for examining the management of the nation's public lands. Public lands are confronting a myriad of challenges, whether from climate change and the efficacy of using the nation's lands for fossil fuel development... |
2023 |
| Joseph William Singer |
Public Rights |
38 Law and History Review 621 (August, 2020) |
The term public rights should be made to mean something . [E]verywhere a white man can go or travel the colored man should go. Edward Tinchant Rebecca J. Scott has unearthed an instructive episode in post-Civil War history that posed a question that we are still confronting today. Do places open to the public have an obligation to serve the public... |
2020 |
| Geoffrey Heeren |
Pulling Teeth: the State of Mandatory Immigration Detention |
45 Harvard Civil Rights-Civil Liberties Law Review 601 (Summer 2010) |
During the three years that Mohammad Azam Hussain was in the custody of the Department of Homeland Security (DHS), he lost three teeth. The dentist who pulled those teeth suggested that Hussain would keep losing teeth until he received periodontal surgery. Hussain had developed gum disease while in DHS custody--a condition he blamed on poor... |
2010 |
| Adrian J. Rodríguez |
Punting on the Values of Federalism in the Immigration Arena? Evaluating Operation Linebacker, a State and Local Law Enforcement Program along the U.s.-mexico Border |
108 Columbia Law Review 1226 (June, 2008) |
Attempting to combat drug trafficking and immigrant smuggling, a coalition of sheriffs' departments increased police presence along the United States's border with Mexico. Dubbed Operation Linebacker, sheriff deputies have increased patrols and, in some cases, set up vehicle checkpoints to deter crime along the border. In Texas, the Governor has... |
2008 |
| Ming Hsu Chen |
PURSUING CITIZENSHIP DURING COVID-19 |
93 University of Colorado Law Review 489 (Winter, 2022) |
Introduction. 490 I. Building Pathways to Citizenship. 491 A. Meaning of Citizenship. 492 B. Integration. 494 C. Enforcement. 496 II. Shifting Political Conditions and Implications for the Paths Not Taken. 500 A. Formal Paths to Citizenship. 503 B. Substantive Paths to Citizenship. 504 1. Social: From Alien to Noncitizen to Citizen. 504 2.... |
2022 |
| Raina Bhatt |
Pushing an End to Sanctuary Cities: Will it Happen? |
22 Michigan Journal of Race and Law 139 (Fall, 2016) |
Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities... |
2016 |
| Alia Al-Khatib |
Putting a Hold on Ice: Why Law Enforcement Should Refuse to Honor Immigration Detainers |
64 American University Law Review 109 (October, 2014) |
Beginning in the 1980s, immigration law began to place greater emphasis on noncitizens' past criminal convictions as grounds for deportation. This shift led to the deportation of many noncitizens with strong ties to the United States. In its effort to deport noncitizens with criminal convictions, the Department of Homeland Security (DHS) has... |
2014 |
| Kevin J. Fandl, J.D., Ph.D. |
Putting States out of the Immigration Law Enforcement Business |
9 Harvard Law & Policy Review 529 (Summer 2015) |
A federal district court struck down Arizona's anti-immigrant smuggling law in November 2014, asserting that the law attempts to usurp federal immigration enforcement authority. The month prior, an en banc panel of the Ninth Circuit Court of Appeals tossed out a different Arizona anti-immigration law that denied bail to unlawful immigrants charged... |
2015 |
| Zsea Bowmani |
Queer Refuge: the Impacts of Homoantagonism and Racism in U.s. Asylum Law |
18 Georgetown Journal of Gender and the Law L. 1 (Spring, 2017) |
Introduction. 2 I. Institutionalized Discrimination in Immigration and Asylum Law. 4 A. Sexual and Racial Exclusions in U.S. Immigration Law. 5 1. Discrimination Against LGBTQ Immigrants. 7 2. Racial Exclusions. 11 B. U.S. and International Asylum Law: Ill-Fit for LGBTQ People. 14 1. The Quintessential Refugee is Not Queer. 15 2. The Process of... |
2017 |
| Elvia Rosales Arriola |
Queer, Undocumented, and Sitting in an Immigration Detention Center: a Post-obergefell Reflection |
84 UMKC Law Review 617 (Spring, 2016) |
I left my country because I am gay and I don't fit into Honduras' society; I also fled for my life because I refused to do work for a drug trafficker and he threatened to kill me. Central American refugee (2014) On the day the Supreme Court decided, in Obergefell v. Hodges, that gay people too enjoy the fundamental right to marry, a moment for... |
2016 |
| Jeremiah A. Ho |
QUEERING BOSTOCK |
29 American University Journal of Gender, Social Policy and the Law 283 (2021) |
I. Introduction. 284 II. Conceptualizations of Anti-Queer Stereotypes. 289 A. Modern Historical Origins. 289 B. Anti-Queer Stereotyping Effects in Law. 295 III. Anti-Stereotyping Strategies. 301 A. Gender Discrimination. 303 B. LGBTQ Discrimination. 315 1. Animus in Romer. 316 2. Dignity in Lawrence. 321 3. Anti-Stereotyping in Windsor &... |
2021 |
| Elizabeth Brown , Inara Scott , Eric Yordy |
R Corps: When Should Corporate Values Receive Religious Protection? |
17 Berkeley Business Law Journal 91 (2020) |
Introduction. 92 I. The Rise of Corporate Values and the Legal Challenges. 96 A. Brief History of Corporate Values. 97 B. Threats to Secular Brand Values. 102 1. Diversity and Inclusion. 102 2. Privacy. 104 3. Sanctuary. 105 4. Access to Reproductive Care. 105 II. When Do Values Become Religion?. 106 A. What is Religion?. 107 1. The Early Supreme... |
2020 |
| Edward A. Purcell, Jr. |
RACE ACROSS THE CURRICULUM: A TEAM-TAUGHT COURSE ON LAW AND RACE IN AMERICA |
66 New York Law School Law Review 125 (2021/2022) |
Faculty members at New York Law School have long been moved by the continuing problems of race relations in America and by questions of how law and legal education might be able to contribute to their amelioration. During the 2015-2016 academic year, a group of more than twenty members of the NYLS faculty began a cooperative project to develop a... |
2022 |
| Kevin R. Johnson |
Race and Immigration Law and Enforcement: a Response to Is There a Plenary Power Doctrine? |
14 Georgetown Immigration Law Journal 289 (Winter, 2000) |
Professor Jack Chin has written a provocative paper that, as is characteristic of his work, has much to commend to it. His basic thesis is that the gulf between the constitutional law of immigration and that which applies to citizens is not as great as is frequently stated. To support this novel argument, he takes on the ambitious task of comparing... |
2000 |
| George A. Martínez |
Race and Immigration Law: a Paradigm Shift? |
2000 University of Illinois Law Review 517 (2000) |
For many years, controversies impacting many areas of legal scholarship have left the field of immigration law virtually untouched. Thus, although other areas of law have felt the critique advanced by critical scholars, immigration law has proceeded as a virtually self-contained unit. In doing so, immigration law has developed a paradigm for legal... |
2000 |
| Lisa Sandoval |
Race and Immigration Law: a Troubling Marriage |
7 Modern American 42 (Spring, 2011) |
The differences of race added greatly to the difficulties of the situation .. [T]hey remained strangers in the land, residing apart by themselves, and adhering to the customs and usages of their own country. It seemed impossible for them to assimilate with our people, or to make any change in their habits or modes of living. As they grew in... |
2011 |
| Elizabeth Keyes |
Race and Immigration, Then and Now: How the Shift to "Worthiness" Undermines the 1965 Immigration Law's Civil Rights Goals |
57 Howard Law Journal 899 (Spring 2014) |
INTRODUCTION. 900 I. THE SHIFTING HISTORY OF IMMIGRATION AND IMMIGRATION RHETORIC. 902 A. Complicated Early Immigration History. 902 1. Founding Through 1880s. 903 2. 1880s Through 1965. 904 B. Attempting to Make Immigration a Civil Rights Issue: The 1965 Immigration Act. 905 C. Formal Equality, Functional Inequality Since 1965. 908 II. REFORM... |
2014 |
| Ric Simmons |
RACE AND REASONABLE SUSPICION |
73 Florida Law Review 413 (March, 2021) |
The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect's race when conducting criminal investigations. The civil rights movement and the progressive... |
2021 |
| Steven Bender , Sylvia R. Lazos Vargas , Keith Aoki |
Race and the California Recall: a Top Ten List of Ironies |
16 Berkeley La Raza Law Journal 11 (Spring, 2005) |
Arnold Schwarzenegger's election as governor of California in the 2003 recall campaign is rife with cruel ironies. An immigrant himself, he beat the grandson of Mexican immigrants, Lieutenant Governor Cruz Bustamante, by playing the race card, and managed to dodge allegations of his praise for Hitler as a strong leader. While the pundits say that... |
2005 |
| Jack M. Balkin |
RACE AND THE CYCLES OF CONSTITUTIONAL TIME |
86 Missouri Law Review 443 (Spring, 2021) |
C1-2Table of Contents Table of Contents. 443 I. Introduction. 444 II. The Cycle of Regimes. 445 A. Political Regimes in the Antebellum Era. 446 B. The Republican Regime. 449 D. The New Deal/Civil Rights Regime. 454 E. The Reagan Regime and the Culture Wars. 456 III. The Cycle of Polarization and Depolarization. 463 A. Racial Polarization in... |
2021 |
| Donald S. Dobkin |
Race and the Shaping of U.s. Immigration Policy |
28 Chicana/o-Latina/o Law Review 19 (2009) |
The date is October 13, 2004, some 147 years after Chief Justice Roger Taney and the infamous Dred Scott case. Representing the United States government, Deputy Solicitor General Edwin Kneedler, stands before the United States Supreme Court and tells the Court that the nation needs to protect its borders and in doing so some noncitizens must be... |
2009 |
| Kevin R. Johnson |
Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique |
2000 University of Illinois Law Review 525 (2000) |
After the elimination of the discriminatory national origins quota system in 1965, the United States experienced a dramatic change in the demographics of immigration. Many more immigrants of color from developing nations have come to this country since the revolutionary reform. Over the decades following the elimination of the quota system, public... |
2000 |
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
| George A. Martinez |
Race, American Law and the State of Nature |
112 West Virginia Law Review 799 (Spring, 2010) |
L1-2Abstract L3799 I. Introduction. 800 II. State of Nature Theory: Hobbes and Spinoza. 802 A. Hobbes. 803 B. Spinoza. 805 III. Racial Minorities in the State of Nature. 806 A. African-Americans and the State of Nature. 806 B. Native Americans and the State of Nature. 811 C. Mexican-Americans and Lack of Constraint. 815 D. Immigration and Plenary... |
2010 |
| Girma Parris, PhD |
Race, America's Multiple Traditions, and Incorporating Immigrants in the Twenty-first Century |
55 Tulsa Law Review 263 (Winter, 2020) |
Abigail Fisher Williamson, Welcoming New Americans? Local Governments and Immigrant Incorporation (University of Chicago Press 2018). Pp. 368. Hardcover $97.50. PaperbackK $32.50. Chris Zepeda-Millán, Latino Mass Mobilization: Immigration, Racialization, and Activism (Cambridge University Press 2017). Pp. 308. Hardcover $105.00. Paperback $29.99.... |
2020 |
| Susan M. Akram , Kevin R. Johnson |
Race, Civil Rights, and Immigration Law after September 11, 2001: the Targeting of Arabs and Muslims |
58 New York University Annual Survey of American Law 295 (2002) |
Although only time will tell, September 11, 2001, promises to be a watershed in the history of the United States. After the tragic events of that day, including the hijacking of four commercial airliners for use as weapons of mass destruction, America went to war on many fronts, including but not limited to military action in Afghanistan. As... |
2002 |
| Catherine Powell |
Race, Gender, and Nation in an Age of Shifting Borders: the Unstable Prisms of Motherhood and Masculinity |
24 UCLA Journal of International Law and Foreign Affairs 133 (Spring, 2020) |
C1-2Table of Contents Introduction. 134 I. Nationhood, Borders, and Fluidity. 140 II. The Welfare Cheat Narrative: Using the Race and Gender of Latina Mothers to Shift Borders Inward. 142 A. The New Welfare Queen. 143 B. Shifting the Border Inward: A New Way of Understanding the Family Separation Policy. 147 III. The Criminal and the... |
2020 |
| Eric S. Fish |
RACE, HISTORY, AND IMMIGRATION CRIMES |
107 Iowa Law Review 1051 (March, 2022) |
ABSTRACT: The two most frequently charged federal crimes are immigration crimes: the misdemeanor of entering the United States without inspection, and the felony of reentering the United States after deportation. Federal prosecutors charge tens of thousands of people with these two crimes each year. In 2019, these two crimes comprised a majority of... |
2022 |
| Joan Fitzpatrick |
Race, Immigration, and Legal Scholarship: a Response to Kevin Johnson |
2000 University of Illinois Law Review 603 (2000) |
The harshest measures of contemporary American immigration law disproportionately affect persons of color. At the same time, persons of color have become the primary subjects of migration to the United States and are thus the main beneficiaries of the substantial benefits the U.S. immigration system offers. The extent to which racism, conscious or... |
2000 |
| Victor Romero |
Race, Immigration, and the Department of Homeland Security |
19 Saint John's Journal of Legal Commentary 51 (Fall 2004) |
Before I begin, I would like to thank Peter and Maureen for thinking of me and inviting me to participate. This is a rare thing for me because usually when I attend these symposia, I am one of many academics on panels, but today I am the only academic on this morning's panels and so this is a fun and new experience for me. I teach Immigration Law... |
2004 |
| Natsu Taylor Saito |
RACE, INDIGENEITY, AND MIGRATION |
117 AJIL Unbound 43 (2023) |
Race, indigeneity, and migration are integrally related in international law. This relationship can be traced to their origins in a legal system dedicated to facilitating European colonialism and imperial expansion. International law has constructed racial difference and deployed racialized hierarchies to determine who would be permitted to migrate... |
2023 |