| Author | Title | Citation | Summary | Year |
| Erika K. Wilson |
WHITE CITIES, WHITE SCHOOLS |
123 Columbia Law Review 1221 (June, 2023) |
Across the country, violent tactics were employed to create and maintain all-white municipalities. The legacy of that violence endures today. An underexamined space in which that violence endures is within school districts. Many school district boundary lines encompass geographic areas that were created as whites-only municipalities through both... |
2023 |
| Jayashri Srikantiah, Shirin Sinnar |
White Nationalism as Immigration Policy |
71 Stanford Law Review Online 197 (March, 2019) |
Two years into the Trump presidency, white nationalism may be driving the Administration's immigration policy. We view white nationalism as the belief that national identity should be built around white ethnicity, and that white people should therefore maintain both a demographic majority and dominance of the nation's culture and public life. We... |
2019 |
| Marion Crain |
Whitewashed Labor Law, Skinwalking Unions |
23 Berkeley Journal of Employment and Labor Law 211 (2002) |
I. Introduction. 212 II. Class Solidarity Means White Solidarity: Race-Neutral Organizing. 216 A. Slavery's Legacy. 217 B. White Privilege. 219 C. Colorblind Organizing Ideology. 221 III. An Alternative Ideology: Civil Rights Unionism. 223 A. Struggles for Racial/Economic Justice. 224 B. Immigrant Organizing. 228 IV. Colorblind Organizing... |
2002 |
| Hiroshi Motomura |
Who Belongs?: Immigration Outside the Law and the Idea of Americans in Waiting |
2 UC Irvine Law Review 359 (February, 2012) |
I. Borders, Equality, and Integration. 361 A. Plyler v. Doe. 361 B. Borders Versus Equality. 363 C. Reconciling Borders with Equality. 365 D. The Role of Integration. 365 II. Immigration, Citizenship, Race, and Integration. 368 A. The Burdens of History. 368 B. The Cycle of Skepticism. 371 III. Integration and Immigration Outside the Law. 373 A.... |
2012 |
| Margot Canaday |
Who Is a Homosexual?: the Consolidation of Sexual Identities in Mid-twentieth-century American Immigration Law |
28 Law and Social Inquiry 351 (Spring 2003) |
This essay uses court records to trace the federal government's attempts to regulate homosexuality among immigrants in the mid-twentieth century, asserting that such attempts illustrate the state's struggle to make homosexuality visible, to produce a homosexuality that could be both detected and managed. I focus on the process by which two... |
2003 |
| Jin Niu |
Who Is an American Soldier? Military Service and Membership in the Polity |
95 New York University Law Review 1475 (November, 2020) |
The military is one of the most powerful institutions to define membership in the American polity. Throughout this country's history, noncitizens, immigrants, and outsiders have been called to serve in exchange for the privileges of citizenship and recognition. At its height, the idea that service constitutes citizenship--which this Note calls... |
2020 |
| Farhad Ghaussy |
Who Protects the Stranger? The French Dual Court System Confronts the Politics of Immigration: a Critique of the Tribunal Des Conflits' Decision of May 12, 1997 |
7 UCLA Journal of International Law and Foreign Affairs Aff. 1 (Spring/Summer 2002) |
On May 12, 1997 the French Tribunal des Conflits rendered a controversial decision limiting exclusive judicial power to protect civil liberties. The Court freed administrative hands of matters regarding illegal entry into France, limiting judicial intervention to cases that involve a flagrant irregularity. Even more controversially, the court... |
2002 |
| Hiroshi Motomura |
Whose Alien Nation?: Two Models of Constitutional Immigration Law |
94 Michigan Law Review 1927 (May, 1996) |
Who is an American, and how do we choose new Americans? Immigration law and policy try to answer these questions, and so it is no wonder the immigration debate attracts so much public attention. After all, it represents our public attempt to define ourselves as a community, and to decide what we ask of those who want to join our ranks. The stream... |
1996 |
| Tera Rica Murdock |
Whose Child Is This?: Genetic Analysis and Family Reunification Immigration in France |
41 Vanderbilt Journal of Transnational Law 1503 (November, 2008) |
In an attempt to limit fraudulent family reunification immigration and control how many migrants enter its borders, France statutorily implemented the use of DNA testing in family reunification immigration in late 2007. Where an immigrating child possesses suspicious documentation, and the child is seeking to reunite with his or her mother in... |
2008 |
| Reviewed by Hiroshi Motomura |
Whose Immigration Law?: Citizens, Aliens, and the Constitution |
97 Columbia Law Review 1567 (June 1, 1997) |
In Strangers to the Constitution, Professor Gerald Neuman explores the constitutional foundations of immigration law and aliens' rights in the United States. In this Essay, Professor Motomura explains that while Neuman makes a pathbreaking contribution to immigration law scholarship, much of his persuasiveness depends on two key premises. First,... |
1997 |
| Kori Cooper |
Why and How U.s. Law Schools Ought to Promote Inclusion of Black Scholars and Legal Practitioners in Chinese Legal Studies Programs |
120 Columbia Law Review Forum 250 (11/20/2020) |
Recent developments, such as incidents of legalized discrimination against Black expatriates, tourists, and students in China, raise questions about why Black scholars and legal practitioners are largely absent from global debate over how China's laws and legal institutions function. Despite the Supreme Court's opinion that U.S. law schools and the... |
2020 |
| Eleanor Marie Lawrence Brown |
WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING |
61 American Journal of Legal History 3 (March, 2021) |
Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... |
2021 |
| Colm Ó Cinnéide |
WHY CHALLENGING DISCRIMINATION AT BORDERS IS CHALLENGING (AND OFTEN FUTILE) |
115 AJIL Unbound 362 (2021) |
International human rights law recognizes a general right to non-discrimination. This right has proved to have plenty of legal bite. It is regularly invoked at both international and national levels to challenge state action which discriminates against vulnerable groups on suspect grounds, such as race, gender, and disability. Such legal... |
2021 |
| Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod |
WHY CRIMINAL DEFENDANTS COOPERATE: THE DEFENSE ATTORNEY'S PERSPECTIVE |
117 Northwestern University Law Review 1351 (2023) |
Abstract--Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation... |
2023 |
| Representative Sheila Jackson Lee |
Why Immigration Reform Requires a Comprehensive Approach That Includes Both Legalization Programs and Provisions to Secure the Border |
43 Harvard Journal on Legislation 267 (Summer, 2006) |
As many as eleven million undocumented immigrants are living and working in the United States today, and the number is only growing. This Policy Essay addresses the problems resulting from the presence of so many undocumented workers in this country and presents two key legislative proposals to help solve the current crisis. In particular, it... |
2006 |
| Thomas Kleven |
Why International Law Favors Emigration over Immigration |
33 University of Miami Inter-American Law Review 69 (Spring 2002) |
I. Introduction. 70 II. International Law Regarding Freedom of Movement. 70 III. Freedom of Movement and Liberal Idealism. 74 IV. An Historical-Materialist Analysis of International Practice. 83 V. The Freedom of Movement Under Socialism. 93 VI. Conclusion: Where to From Here. 98 |
2002 |
| Anne B. Chandler |
Why Is the Policeman Asking for My Visa? The Future of Federalism and Immigration Enforcement |
15 Tulsa Journal of Comparative & International Law 209 (Spring 2008) |
The allocation of power between the federal government and the states to control immigration has long been a subject of controversy in the United States. Likewise controversial has been the allocation of authority between federal criminal law and federal civil remedies in the regulation of federal immigration norms. Recent years have seen... |
2008 |
| Sonia M. Suter , The George Washington University Law School, Washington, DC, USA |
WHY REASON-BASED ABORTION BANS ARE NOT A REMEDY AGAINST EUGENICS: AN EMPIRICAL STUDY |
10 Journal of Law & the Biosciences 1 (January-June, 2023) |
In Box v Planned Parenthood, Justice Thomas wrote an impassioned concurrence describing abortions based on sex, disability or race as a form of modern-day eugenics'. He defended the challenged Indiana reason-based abortion (RBA) ban as a necessary antidote to these practices. Inspired by this concurrence, legislatures have increasingly enacted... |
2023 |
| Lindsay Macdonald |
Why the Rule-of-law Dictates That the Exclusionary Rule Should Apply in Full Force to Immigration Proceedings |
69 University of Miami Law Review 291 (Fall 2014) |
This article discusses how and why the exclusionary rule should apply in the immigration context. The first part of the article sets out the history of the exclusionary rule in immigration proceedings, starting prior to the Lopez-Mendoza decision, moving to the decision itself, and then discussing how the lower courts have interpreted the decision.... |
2014 |
| Natsu Taylor Saito |
WHY XENOPHOBIA? |
31 Berkeley La Raza Law Journal 1 (2021) |
Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... |
2021 |
| Kit Johnson |
WOMEN OF COLOR IN IMMIGRATION ENFORCEMENT |
21 Nevada Law Journal 997 (Spring, 2021) |
Immigration enforcement agencies are among the most racially diverse in federal law enforcement. More than half of all women holding law enforcement positions within immigration agencies are minorities, though the overall number of female agents is relatively small. This Essay focuses on women of color in immigration enforcement. It begins with a... |
2021 |
| David J. Kerastas |
WON'T YOU STAY? ASYLUM FRAUD AND RETURN TO THE COUNTRY OF NATIONALITY |
14 George Mason International Law Journal 54 (Fall, 2023) |
Criminal investigations have shown that the U.S. asylum program is highly vulnerable to fraud. Asylum fraud poses a substantial threat to the program because it crowds out genuine asylees and increases public skepticism of a scarce political resource. So far, U.S. Citizenship and Immigration Services (USCIS) and the Immigration Courts have relied... |
2023 |
| Janice Fine |
Worker Centers: Organizing Communities at the Edge of the Dream |
50 New York Law School Law Review 417 (2005-2006) |
In the United States today, millions of workers, many of them immigrants and people of color, are laboring on the very lowest rungs of metropolitan labor markets with limited prospects for improving the quality of their present positions or advancing to better jobs. It is an unfortunate fact that their immigration status, combined with their ethnic... |
2006 |
| Rick Su |
Working on Immigration: Three Models of Labor and Employment Regulation |
51 Washburn Law Journal 331 (Spring 2012) |
The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration, from disagreements about its economic impact to... |
2012 |
| Robert F. Castro |
Xenomorph!! |
46 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (2011) |
The national debate over illegal immigration has been dramatically altered since 9/11. In his book The Latino Threat, Leo R. Chavez argues that Latina/o immigrants--including those U.S. populations that physically resemble them-- have been socially constructed as grave risks to the United States. Arizona Senate Bill 1070 (hereinafter S.B. 1070)... |
2011 |
| Sandra Beltran, Esq. |
Ya Basta! The Solutions to Sexual Harassment in the Workplace for Women Janitors Working at Nighttime When Nobody Can Hear Them |
55 University of San Francisco Law Review 69 (2020) |
YA BASTA! SAID LETICIA SOTO in a letter she wrote to her rapist when she referred to herself as the invisible woman. Leticia S., like many other Latina women, came to the United States with the hope of providing a better life for her children. Leticia S. came from Mexico City as a happy and hopeful single mother, who imagined herself singing... |
2020 |
| Danielle C. Jefferis |
Yearning to Breathe Free: Migration-related Confinement in America |
106 Cornell Law Review Online 27 (October, 2020) |
Migrating to Prison: America's Obsession with Locking Up Immigrants. César Cuauhtémoc García Hernández. 2019. 190 pages. Introduction. 27 I. Give Me Your Tired, Your Poor, Your Huddled Masses. 32 II. The New Colossus. 35 III. Yearning to Breathe Free. 39 Conclusion. 44 When Diego Rivera Osorio was three years old, just over 1,000 nights had passed... |
2020 |
| Michelle Carey |
You Don't Know If They'll Let You out in One Day, One Year, or Ten Years . . . Indefinite Detention of Immigrants after Zadvydas V. Davis |
24 Chicano-Latino Law Review 12 (Spring 2003) |
They just lock us up and throw away the key. It's like a people business for them. They don't care about us. They have beds here and it's like they're losing business unless they fill up the beds. So they just keep us locked down . . . I understand that I made a mistake, but I already did my time for that. Here I don't even know how much time I... |
2003 |
| Sherally Munshi |
You Will See My Family Became So American: Toward a Minor Comparativism |
63 American Journal of Comparative Law 655 (Summer 2015) |
How does the appearance of racial difference shape our view of citizenship and national identity? This Article seeks to address that question by examining two early twentieth-century cases involving the naturalization of Indian immigrants to the United States. In United States v. Bhagat Singh Thind (1923), the Supreme Court determined that Hindus... |
2015 |
| Maria Bucci |
Young, Alone, and Fleeing Terror: the Human Rights Emergency of Unaccompanied Immigrant Children Seeking Asylum in the United States |
30 New England Journal on Criminal and Civil Confinement 275 (Summer, 2004) |
Imagine being forced to abandon your home, your belongings, your everyday life. Imagine being separated from . your family . [and] herded into a camp alongside thousands of others . as a massive purge sweeps your country. Meena awoke to the sound of gunfire. The sounds of violence and destruction were not new or surprising, yet an intense fear... |
2004 |
| Catherine Kannam |
YOU'RE ON YOUR OWN, KID: THE PLIGHT OF UNACCOMPANIED MINORS WITHOUT REPRESENTATION IN IMMIGRATION COURT |
32 Boston University Public Interest Law Journal 207 (Summer, 2023) |
Abstract. 209 Introduction. 209 I. Legal Background. 212 A. The Data: Unaccompanied Minors in Uncharted Territory. 212 B. How the Immigration System Works in Reality for Unaccompanied Minors. 215 C. The Treatment of Minors in Immigration Court vs. Juvenile Court: The Undeniable Disparity. 216 D. Where We Were: The Trump Administration. 220 E. Where... |
2023 |
| Elizabeth Keyes |
Zealous Advocacy: Pushing Against the Borders in Immigration Litigation |
45 Seton Hall Law Review 475 (2015) |
I. Introduction. 476 II. Justifying Zealousness. 483 A. Competing Approaches to Professional Conduct. 484 1. Alternatives to Zealous Advocacy. 484 2. Zealous Advocacy. 489 3. Debate Over a Unitary Standard or a Context-Specific Standard of Practice. 491 B. Justifying Zealous Advocacy for Immigration Practice. 494 1. Resources. 496 2. Procedural... |
2015 |
| Michael Neal |
ZERO TOLERANCE FOR PRETRIAL RELEASE OF UNDOCUMENTED IMMIGRANTS |
30 Boston University Public Interest Law Journal 1 (Winter, 2021) |
2 Introduction. 2 I.Mass Pretrial Incarceration of Undocumented Immigrants. 6 A. The Bail Reform Act of 1984--History and Provisions. 7 B. The Immediate Impact of the BRA on Pretrial Release. 14 C. Closing the Back Door on Undocumented Immigrants. 16 D. Zero Tolerance Immigration Enforcement and Prosecution. 20 E. The Unlawful Presumption... |
2021 |
| Jeffrey R. Baker, Allyson McKinney Timm |
ZERO-TOLERANCE: THE TRUMP ADMINISTRATION'S HUMAN RIGHTS VIOLATIONS AGAINST MIGRANTS ON THE SOUTHERN BORDER |
13 Drexel Law Review 581 (2021) |
In 2017, the Trump Administration imposed its policy of zero-tolerance immigration enforcement on the southern border. This policy resulted in the forcible separation of families and the prolonged detention of children in harsh conditions without due process or adequate resources. The Trump Administration unleashed these policies to deter people... |
2021 |
| Shikha Silliman Bhattacharjee |
ZONES OF COMPOUNDED INFORMALITY: MIGRANTS IN THE MEGACITY |
46 PoLAR: Political and Legal Anthropology Review 226 (November, 2023) |
This paper introduces the term zones of compounded informality to demarcate locations wherein regulatory exclusions in distinct domains interact to escalate the impact of exclusions for people who live and work in these areas. Based upon a study of India's Delhi, National Capital Region (Delhi-NCR), I explain how the interaction of flexible... |
2023 |