| Author | Title | Citation | Summary | Year |
| Eugene Lee |
RECOGNIZING THE RIGHT TO FAMILY UNITY IN IMMIGRATION LAW |
121 Michigan Law Review 677 (February, 2023) |
The Trump Administration's travel ban and separation of families at the U.S.-Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court's line of privacy rights cases, the right to family unity is amorphous.... |
2023 |
| Thomas A. Saenz |
Recollections of the Legal Battle Against Proposition 187 |
53 U.C. Davis Law Review 2021 (April, 2020) |
Good morning. Thank you Professor Saucedo, my former colleague at MALDEF, for introducing me and also for taking the lead in organizing this important commemoration of the twenty-fifth anniversary of the enactment of Proposition 187. I'm not a scholar; later in the day you are going to hear from some tremendous scholars who have looked at these... |
2020 |
| Julian Lim |
Reconceptualizing Asian Pacific American Identity at the Margins |
3 UC Irvine Law Review 1151 (December, 2013) |
Introduction. 1151 I. Asian Pacific American Identity Formation. 1152 A. Birth of the Asian American Movement. 1152 B. Asian American Jurisprudence. 1154 II. Reconceptualizing Asian Pacific American Identity Through Transnational Immigration History and Law. 1156 A. Transnational Perspectives. 1157 B. Asians in the Americas--Regulating Race and... |
2013 |
| Jayashri Srikantiah |
Reconsidering Money Bail in Immigration Detention |
52 U.C. Davis Law Review 521 (November, 2018) |
C1-2Table of Contents Introduction. 521 I. A Brief Overview of Immigration Detention. 522 II. Money Bond. 527 III. The Case Against Money Bail. 530 A. Money Bail Is Not Correlated to Reducing Danger or Flight Risk. 531 B. Risk Assessment. 532 C. Alternatives to Detention and Unsecured Bonds. 534 D. Avoiding the Harms of Unnecessary Over-Detention.... |
2018 |
| John Hayakawa Torok |
Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws |
3 Asian Law Journal 55 (May, 1996) |
The Reconstruction amendments and civil rights law historically have been viewed in the context of African American emancipation, naturalization, and enfranchisement. However, Chinese immigrants' presence and the racial nativism they engendered in the white polity influenced the debates surrounding that legislation and the attendant Supreme Court... |
1996 |
| Jelani Jefferson Exum |
RECONSTRUCTION SENTENCING: REIMAGINING DRUG SENTENCING IN THE AFTERMATH OF THE WAR ON DRUGS |
58 American Criminal Law Review 1685 (Fall, 2021) |
L1-2Introduction . L31685 I. The Need for Reconstruction: Then and Now. 1687 II. Understanding the War on Drugs: The Weapons, The Tactics, and the Casualties. 1691 III. Why Interpretation Matters: A Lesson from the Thirteenth Amendment. 1698 A. The Thirteenth Amendment: Original Interpretation. 1698 B. Reinterpreting the Thirteenth Amendment: An... |
2021 |
| Jennifer M. Chacón |
RECOUNTING: AN OPTIMISTIC ACCOUNT OF MIGRATION |
110 California Law Review 1041 (June, 2022) |
Introduction. 1041 I. Some Definitions. 1046 II. Existing Frames: Refugees and Beyond. 1050 III. The Costs of Current Choices. 1055 IV. Toward Optimism. 1059 Conclusion. 1063 Postscript. 1064 |
2022 |
| Marie A. Failinger |
Recovering the Face-to-face in American Immigration Law |
16 Southern California Review of Law & Social Justice 319 (Spring, 2007) |
It is 1908. Yee Won mourns his father's death. Yee Won, in his own words a Chinese-born capitalist and property owner, is at home in San Francisco and at home in China. But Yee Won needs a wife. Perhaps because of anti-miscegenation laws or perhaps because he wants to honor his father's wishes, Yee Won returns to China a few years later for a... |
2007 |
| Kamaria A. Guity |
Recreational Marijuana Legalization in New Jersey: the Formula for a Bill That Accounts for Racial Injustice |
21 Rutgers Race & the Law Review 23 (2020) |
African Americans and Latinos are significantly overrepresented in our jail and prison populations for minor drug offenses. These numbers do not reflect African Americans' and Latinos' percentage of the general population nor their actual rate of drug use compared to Whites. Acknowledging this racial disparity, and for a number of different... |
2020 |
| Sallie Dietrich |
Redefining "American": the Constitutionality of State Dream Acts |
31 Law & Inequality: A Journal of Theory and Practice 165 (Winter, 2012) |
I'm an American; I just don't have the right papers. These are the words of Jose Antonio Vargas, formerly a journalist for the Washington Post, who recently wrote an article describing his experience living in the United States as an undocumented immigrant. The message of the piece is simple: Vargas, who came to the United States illegally as a... |
2012 |
| Mary Holper |
Redefining "Particularly Serious Crimes" in Refugee Law |
69 Florida Law Review 1093 (July, 2017) |
Refugees are not protected from deportation if they have been convicted of a particularly serious crime (PSC) which renders them a danger to the community. This raises questions about the meaning of particularly serious and danger to the community. The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite... |
2017 |
| Christopher N. Lasch |
Redress in State Postconviction Proceedings for Ineffective Crimmigration Counsel |
63 DePaul Law Review 959 (Summer 2014) |
In its 2010 decision in Padilla v. Kentucky, the U.S. Supreme Court held the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right to receive counsel on whether a guilty plea is accompanied by a risk of deportation. But in 2013, the Court took back some of what it had given. Although most Padilla claims... |
2014 |
| Harvey Gee |
REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? |
100 Oregon Law Review 461 (2022) |
Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... |
2022 |
| Colleen Muñoz |
Reevaluating the Adjudication of Crimes Involving Moral Turpitude |
24 Lewis & Clark Law Review 325 (2020) |
Criminalizing immigration status has tainted the lives of permanent residents in the United States for years. A minor misdemeanor conviction imposes the threat of extreme penalties for noncitizens and their continued residence in the United States. Specifically, a conviction of a crime involving moral turpitude can prevent a noncitizen from seeking... |
2020 |
| Marlin W. Burke |
Reexamining Immigration: Is it a Local or National Issue? |
84 Denver University Law Review 1075 (2007) |
Immigration, especially illegal immigration, is a subject currently generating intense controversy in American political and social discourse. To varying degrees, the subject has been controversial over the past one-hundred-eighty years, beginning with attempts by New York and Massachusetts to tax masters of ships who brought aliens into New York... |
2007 |
| Bill Ong Hing |
Re-examining the Zero-tolerance Approach to Deporting Aggravated Felons: Restoring Discretionary Waivers and Developing New Tools |
8 Harvard Law & Policy Review 141 (Winter 2014) |
For the first time in many years, Congress and the White House are engaged in bipartisan efforts to enact comprehensive immigration reform. The give-and-take that dominates the debate is mostly over the terms of legalization for the estimated eleven million undocumented immigrants and the extent to which more funds should be dedicated to... |
2014 |
| Michael A. Scaperlanda |
Reflections on Immigration Reform, the Workplace and the Family |
4 University of Saint Thomas Law Journal 508 (Spring 2007) |
I. Introduction. 509 II. Failed Efforts. 510 A. Previous Immigration Reform Efforts. 510 B. Causes of Failure. 512 III. Reform Proposals: Comprehensive Reform or Increased Enforcement Only. 515 IV. My Assessment. 518 A. Catholic Social Thought. 519 B. Plan for Change. 523 1. Close the Back Door. 523 2. Opening the Front Door to Guest Workers. 526... |
2007 |
| Sahar F. Aziz |
REFLECTIONS ON SECURITY, RACE, AND RIGHTS TWENTY-YEARS AFTER 9/11 |
12 Journal of National Security Law & Policy 135 (2021) |
L1-2Introduction . L3135 I. Race and Counterterrorism. 137 A. FBI Voluntary Interviews. 139 B. Terrorist Watch Lists. 140 C. Public Scrutiny and Government Surveillance. 141 II. Manufacturing Muslim Terrorism Through Predatory Sting Operations. 144 III. Insights for Future Policy Makers. 146 A. Be a Professional, Not a Politician. 147 B. Improve... |
2021 |
| Beth Caldwell |
REFLECTIONS ON THE RIGHT TO MOVE FREELY ACROSS BORDERS |
50 Southwestern Law Review 359 (2021) |
The essays in this symposium highlight the depth and breadth of the injustice and inhumanity of U.S. immigration law. While injustice in immigration law is nothing new, the hateful rhetoric that has been routinely directed toward immigrants from the highest levels of government, and the extreme policies that accompany this rhetoric, have elevated... |
2021 |
| Eleanor Brown |
REFLECTIONS: MY MOTHER WHO FATHERED ME |
72 Washington University Journal of Law & Policy 167 (2023) |
I went away from the window over the dripping sacks and into a corner which the weather had forgotten. And what did I remember? My father who had only fathered the idea of me had left me the sole liability of my mother who really fathered me. - George Lamming, In the Castle of My Skin, 11 Despite the prevalence of West Indian Americans and their... |
2023 |
| Richard Delgado |
Reforming Capitalism Through Law and Regulation |
47 John Marshall Law Review 1269 (Summer, 2014) |
Reflecting on a number of recent books on social reform through law, it struck me how many of them exhibit a common structure. The books lay out in the first half how poorly a certain sector, such as corporate finance, immigration, or civil rights, has been performing under certain criteria, usually justice or efficiency. They then argue for... |
2014 |
| M. Akram Faizer |
REFORMING STATE ELECTORAL COLLEGE LAWS TO DEPOLARIZE AMERICAN POLITICS |
70 Cleveland State Law Review 145 (2022) |
Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer... |
2022 |
| Ryan D. Frei |
Reforming U.s. Immigration Policy in an Era of Latin American Immigration: the Logic Inherent in Accommodating the Inevitable |
39 University of Richmond Law Review 1355 (May, 2005) |
For over one hundred years, the Statue of Liberty has served as one of the United States's primary representative symbols, embodying the welcoming spirit of equal opportunity on which the country was founded. The United States is, undeniably, an eclectic nation of immigrants. Nevertheless, despite the common immigrant background virtually all... |
2005 |
| Ishita Chakrabarty |
Refoulement as a Corollary of Hate: Private Actors and International Refugee Law |
61 Virginia Journal of International Law Online 51 (2020) |
While researchers in the field of refugee studies have set out to influence the policy decisions of host states, the reverse situation, where a host state's policy decisions have shifted refugee movements, has been little discussed. With the increasing incidence of hate crimes, refugees now find themselves in situations similar to those which they... |
2020 |
| Caroline Nalule |
REFUGEE BURDEN-AND-RESPONSIBILITY SHARING: REVISITING THE DEBATE ON THE RIGHT TO COMPENSATION TO REFUGEE-HOSTING STATES |
31 Michigan State International Law Review 441 (2023) |
Much of the world's rising refugee population is situated in developing countries most of which struggle to fulfil their developmental obligations towards their own citizens, while the better financially-placed countries are increasingly changing their asylum policies to avoid most of the obligations that come with the admission of high numbers of... |
2023 |
| Shana Tabak |
REFUGEE DETENTION AS CONSTRUCTIVE REFOULEMENT |
48 Yale Journal of International Law 289 (Summer, 2023) |
The most fundamental obligation that states owe to refugees under the 1951 United Nations Convention Relating to the Status of Refugees is the commitment of non-refoulement. This commitment to not force back a refugee to a country where she may face serious harm to her life or liberty demands that states interrogate whether their treatment of... |
2023 |
| Malissia Lennox |
Refugees, Racism, and Reparations: a Critique of the United States' Haitian Immigration Policy |
45 Stanford Law Review 687 (February, 1993) |
We are asking why you treat us this way. Is it because we are Negroes? Why are you letting us suffer this way, America? Don't you have a father's heart? Haven't you thought we were humans, that we had a heart to suffer with and a soul that could be wounded? Give us back our freedom. Why among all the nations that emigrate to the United States have... |
1993 |
| Fatma E. Marouf |
Regrouping America: Immigration Policies and the Reduction of Prejudice |
15 Harvard Latino Law Review 129 (Spring 2012) |
Introduction. 130 I. Constructing Fuzzy Categories Based on Immigration Status and the Porous Boundaries Between Them. 133 II. Social Categorization and Intergroup Relations. 138 A. The Relationship Between Social Categorization and Intergroup Bias, and Intergroup Conflict. 138 B. Categorization-Based Strategies for Reducing Intergroup Bias. 142... |
2012 |
| Shikha Silliman Bhattacharjee |
REGULATING RECRUITMENT: MIGRATION, CRIMINALIZATION, AND COMPOUNDED INFORMALITY |
18 University of Pennsylvania Asian Law Review 217 (April, 2023) |
Across the globe, migrant workers are increasingly concentrated in temporary employment, including contract, short-term, and contingent work. These short-term employment stints require them to find new work on a regular and ongoing basis. How can legal frameworks encourage recruitment practices that protect the interests of both workers and... |
2023 |
| Beth Caldwell |
REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP |
98 Washington Law Review 787 (October, 2023) |
Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... |
2023 |
| Vernon M. Briggs, Jr. |
Reining-in a Rogue Policy: the Imperative of Immigration Reform |
30 University of Miami Inter-American Law Review 611 (Winter-Spring 1999) |
I. Introduction. 612 II. The Context of Policy Assessment. 613 III. The Accidental Issue: Mass Immigration. 614 IV. The Effects of Post-1965 Immigration. 616 A. Population. 616 B. Ethnic Composition. 617 C. Labor Force. 618 D. Poverty. 619 E. Income Inequality. 621 F. Labor Mobility. 622 V. The Saga of Reform. 622 VI. Concluding Comments. 626 |
1999 |
| Rose Cuison-Villazor |
REJECTING CITIZENSHIP |
120 Michigan Law Review 1033 (April, 2022) |
Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... |
2022 |
| Hesley Gonzalez |
RELEASE FROM LEGAL PURGATORY: ADDING A CATEGORY TO THE SECRETARY OF HOMELAND SECURITY'S POWER TO PAROLE IN PLACE |
50 Western State Law Review 21 (Spring, 2023) |
C1-3Table of Contents I. Introduction. 21 II. The History of Immigration Legislation. 26 A. Immigration Legislation, From America's Inception to 2001. 26 B. Restructuring the Immigration System in the Twenty-First Century. 29 III. The Inability to Pass Immigration Reform. 31 A. The Politicization of Immigration. 31 B. The Legislative Branch's... |
2023 |
| Randi Mandelbaum |
RELEASE TO SPONSOR APPROVED, NOW WHAT? |
91 Fordham Law Review Online 83 (2023) |
Naomi, a fourteen-year-old girl fleeing family violence in her native country of Honduras, spent five months detained by the Office of Refugee Resettlement (ORR), before being released to her cousin. Because the cousin was a distant relative, a home study was required. In addition, upon her release, the cousin and Naomi were referred for... |
2023 |
| Philip Cantwell |
Relevant "Material": Importing the Principles of Informed Consent and Unconscionability to Analyze Consensual Medical Repatriations |
6 Harvard Law & Policy Review 249 (Winter 2012) |
Antonio Torres, a teenage farmworker from Gila Bend, Arizona, suffered catastrophic injuries in a car accident in June 2008. Mr. Torres was a legal immigrant, but he carried no health insurance. His status barred him from federal healthcare funding. Soon after stabilizing him, the hospital began planning to repatriate the comatose Mr. Torres to... |
2012 |
| Zachary S. Price |
Reliance on Nonenforcement |
58 William and Mary Law Review 937 (February, 2017) |
Can regulated parties ever rely on official assurances that the law will not apply to them? Recent marijuana and immigration nonenforcement policies have presented this question in acute form. Both policies effectively invited large numbers of legally unsophisticated people to undertake significant legal risks in reliance on formally nonbinding... |
2017 |
| Gabriel J. Chin |
RELIEF AND STATUTES OF LIMITATION FOR DEPORTABLE NONCITIZENS UNDER ASIAN EXCLUSION, 1882-1948 |
50 Southwestern Law Review 218 (2021) |
Reading Deported Americans is like watching a horror movie; it is all too easy to anticipate the terror coming. But it is no fantasy; this nightmare is real life. The book is the story of good people, many with close connections to the United States, deported without mercy or individual consideration. Sometimes, although not always, they are... |
2021 |
| Dylan Farrell-Bryan , Department of Sociology, University of Pennsylvania, Philadelphia, Pennsylvania, USA |
RELIEF OR REMOVAL: STATE LOGICS OF DESERVINGNESS AND MASCULINITY FOR IMMIGRANT MEN IN REMOVAL PROCEEDINGS |
56 Law and Society Review 167 (June, 2022) |
In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical... |
2022 |
| Michael Scaperlanda |
Religious Freedom in the Face of Harsh State and Local Immigration Laws |
15 Tulsa Journal of Comparative & International Law 165 (Spring 2008) |
In recent years, the issue of illegal immigration has taken center stage on the American political scene. In 2005, the House Judiciary Committee estimated that eleven million aliens resided in this country illegally, with another 500,000 moving to the United States annually. Two approaches emerged to deal with this tide: an enforcement first model,... |
2008 |
| Stéphanie Hennette-Vauchez |
RELIGIOUS NEUTRALITY, LAÏCITÉ AND COLORBLINDNESS: A COMPARATIVE ANALYSIS |
42 Cardozo Law Review 539 (May, 2021) |
C1-3Table of Contents L1-2Introduction . L3540 I. A Caveat to Comparability. 549 II. Modes of Reasoning. 552 A. Formalistic Legal Reasoning, Anti-Classification as Symmetry, and the Limited Reach of Anti-Discrimination Law. 552 B. Shielding Discrimination from Equality and Anti-Discrimination Law. 568 1. The Public/Private Divide as a Limit on... |
2021 |
| Erica D. Rosenbaum |
RELYING ON THE UNRELIABLE: CHALLENGING USCIS'S USE OF POLICE REPORTS AND ARREST RECORDS IN AFFIRMATIVE IMMIGRATION PROCEEDINGS |
96 New York University Law Review 256 (April, 2021) |
Although many scholars have recognized the need for increased procedural protections for immigrants in removal proceedings, very little attention has been paid to the process afforded to immigrants applying affirmatively to acquire lawful status. However, due to the collection of important interests implicated by affirmative immigration... |
2021 |
| Angela Stoltzfus |
REMAIN IN MEXICO: THE MIGRANT PROTECTION PROTOCOLS' FAILURE TO PROTECT |
95 Temple Law Review Online 1 (2023) |
Only days before the 2018 midterm election, President Donald Trump called immigrants, or asylum seekers, fleeing violence an invasion. It was not unusual for Trump to use this type of pejorative language--Trump had publicly used demeaning terms such as predator and killer to refer to immigrants at the southern border not once or twice, but... |
2023 |
| Clayton P. Gillette |
REMOTE WORK AND CITY DECLINE: LESSONS FROM THE GARMENT DISTRICT |
15 Journal of Legal Analysis 201 (2023) |
The dramatic rise of remote work threatens the traditional source of urban growth--the unique ability of dense cities to provide a setting in which firms and employees share productive resources, match needs with skills, and transmit knowledge at low cost. These agglomeration benefits have induced cities to pursue clusters of related firms that... |
2023 |
| Barbara Buckinx, Alexandra Filindra |
Removal and Harm Avoidance in U.s. Immigration Practice |
22-SUM Kansas Journal of Law & Public Policy 379 (Summer, 2013) |
In recent years, Immigration and Customs Enforcement (ICE) has removed approximately 400,000 individuals per fiscal year. This is a sharp increase from 2001, when approximately half that number were removed annually. The removal of noncitizens is thus an integral and increasingly important part of the immigration policy of the United States. The... |
2013 |
| Miranda Sasinovic |
REMOVING ROADBLOCKS: ALTERNATIVES TO LAWFUL STATUS AND SOCIAL SECURITY NUMBER REQUIREMENTS FOR PENNSYLVANIA DRIVER'S LICENSES |
126 Dickinson Law Review 305 (Fall, 2021) |
As part of their traditional state police powers, states determine the eligibility requirements for their driver's licenses. Standard eligibility requirements include proof of age, residency, identity, and knowledge. In the 1990s, some states amended their vehicle codes to require proof of lawful status, effectively barring undocumented immigrants... |
2021 |
| Jill E. Family |
Removing the Distraction of Delay |
64 Catholic University Law Review 99 (Fall, 2014) |
I. The Delay Rationale and Efforts to Restrict Judicial Review of Immigration Removal Cases. 102 A. The Role of Judicial Review in Immigration Removal Cases. 102 B. Efforts to Limit Immigration Judicial Review and the Delay Justification. 104 II. Delay and a Dispute Over Immigration Sovereignty. 109 A. Delay or Something Else?. 110 B. The Dispute... |
2014 |
| Carol Daugherty Rasnic |
Removing the Welcome Mat: Myth and Reality on the 2004 Irish Constitutional Referendum and Citizenship by Birth in the Usa |
17 New England Journal of International and Comparative Law L. 1 (2011) |
Give me your tired, your poor, your huddled masses yearning to breathe free. . . Emma Lazarus, The New Colossus The famous words of Emma Lazarus have become synonymous with the concept of America's welcoming arms to immigrants from all over the world and, by extension, to children born to these immigrants. Since 1868, American constitutional... |
2011 |
| Christopher N. Lasch |
Rendition Resistance |
92 North Carolina Law Review 149 (December, 2013) |
With the number of immigrant deportations setting new records, attention has focused largely on states like Arizona and Alabama, which seem to be competing to pass the harshest anti-immigrant state law provisions. Yet laws like those at issue in Arizona v. United States, seeking to augment or supplement federal immigration enforcement efforts,... |
2013 |
| Adrien Katherine Wing |
Reno V. American-arab Anti-discrimination Committee: a Critical Race Perspective |
31 Columbia Human Rights Law Review 561 (Summer, 2000) |
On January 26, 1987, life changed forever for Michel Shehadeh, a Palestinian who had immigrated to the United States in 1975. [He] and his 3-year old son, Ibrahim, were sleeping at home in Long Beach, Calif., when Shehadeh heard a loud knock. He opened the front door to a man and woman in grey suits. Shehadeh had just applied for naturalization and... |
2000 |
| Cynthia Soohoo |
REPRODUCTIVE JUSTICE AND TRANSFORMATIVE CONSTITUTIONALISM |
42 Cardozo Law Review 819 (June, 2021) |
C1-2Table of Contents Introduction. 820 I. Reproductive Justice. 823 A. Universal Demands, Different Forms of Oppression. 823 B. Tensions between Reproductive Rights and Reproductive Justice. 825 II. History of Reproductive Oppression in the United States. 826 A. Setting the Stage: The Founding. 826 B. Founding to the Civil War: Private... |
2021 |