AuthorTitleCitationSummaryYear
Regina Morris Unmet Legal Needs of Dc Immigrants: How Substantive and Procedural Changes in the Laws Restrict Liberty and Deny Access to Justice 5 University of the District of Columbia Law Review 205 (Fall 2000) . . .[W]ith liberty and justice for all. The promise of social justice in America requires access to the legal system for both newly arrived and well established residents. However, recent substantive and procedural restrictions in the form of new laws have produced a huge unmet legal need within immigrant populations in the District of... 2000
Judy Scales-Trent African Women in France: Immigration, Family, and Work 24 Brooklyn Journal of International Law 705 (1999) In the Fall of 1997, much of the news in France seemed to lead back to Africa-- back to reminders of French colonization on that continent, back to the painful memories of those years. Most of this news centered on Algeria. It was a time when waves of terrorism were sweeping Algeria. As residents of entire villages were being slaughtered at random,... 1999
Annette C. Escobar Aggravating the Immigration Paradox: the Nicaraguan Adjustment and Central American Relief Act's Effect on U.s. Immigration Policy 11 Saint Thomas Law Review 445 (Spring, 1999) C1-3TABLE OF CONTENTS L1-2Introduction R3446. I. Immigration Law Before NACARA. 448 II. The Supreme Court and Immigration. 453 III. NACARA's Inception and Resulting Configuration: Exacerbating Havoc in Immigration Law. 457 A. Government Submission to Interest Group Uproar Over the Restrictive 1996 Legislation. 458 B. Virtually Automatic Asylum for... 1999
Rachel F. Moran Bilingual Education, Immigration, and the Culture of Disinvestment 2 Journal of Gender, Race and Justice 163 (Spring 1999) I. From Federal Reform to Federal Retreat: The Rise of the New Federalism II. The Impact of the New Federalism on Bilingual Education A. California B. New York C. The Culture of Disinvestment and the Failure of the New Federalism III. Race, Immigration, and the Symbolic Politics of Bilingual Education in California and New York A. Historical... 1999
Daniel Kanstroom Citizens, Strangers, and In-betweens: Essays on Immigration and Citizenship. By Peter Schuck. Boulder, Colo.: Westview Press, 1998. Pp. Xviii, 475. $26.00. 25 New York University Review of Law and Social Change 435 (1999) To hear some immigration advocates tell it, Americans in the 1990s have slammed the golden door shut in a fit of xenophobic hysteria . . . . Fortunately, this is a false picture . . . . I recently received a plea for help from a tearful U.S. citizen who is the mother of a twenty-five-year-old lawful permanent resident from Panama. She told me that... 1999
Gianni Zappala, Stephen Castles Citizenship and Immigration in Australia 13 Georgetown Immigration Law Journal 273 (Symposium, 1999) If ... copies of an Australian Citizenship Act which made sense were distributed we might all come to feel and better understand the value of our citizenship. Better still if we could at the same time have ... copies of a Constitution that in its broad outline did describe the nature of our federal polity in terms all could understand. Sir Ninian... 1999
  Connie Chang, Immigrants under the New Welfare Law: a Call for Uniformity, a Call for Justice, 45 Ucla L. Rev. 205 (1997). 6 Asian Law Journal 231 (May, 1999) Chang examines the new welfare bill passed in 1996, which denies federal Supplemental Security Income (SSI) benefits to legal immigrants. It is the first time eligibility for federal public assistance has been determined by citizenship, rather than being based on need. Chang argues that this law goes against Supreme Court cases establishing that... 1999
James J. Sing Culture as Sameness: Toward a Synthetic View of Provocation and Culture in the Criminal Law 108 Yale Law Journal 1845 (May, 1999) A dilemma that immigrant groups in this country have always faced is whether to retain the customs and practices of the motherland or assimilate into the dominant culture of their new home. Historically, an immigrant group's worth in this country has been viewed in direct connection with its assimilability-- the extent to which the group... 1999
Drucilla Cornell , William W. Bratton Deadweight Costs and Intrinsic Wrongs of Nativism: Economics, Freedom, and Legal Suppression of Spanish 84 Cornell Law Review 595 (March, 1999) Introduction. 596 I. Latino and Latina Immigrants and English Language Mandates. 608 A. Latino and Latina Settlement and Speech. 608 B. Official English. 611 C. Workplace English. 617 II. The Economics of Assimilation: Language Acquisition, Discrimination, and Spontaneous Order. 620 A. Official English, Cost Economics, and Immigrant Incentives. 621... 1999
Philip L. Martin Economic Integration and Migration: the Case of Nafta 3 UCLA Journal of International Law and Foreign Affairs 419 (Fall/Winter, 1998-1999) As evidenced by United Nations (UN) data, the United States is the world's major country of immigration, and Mexico is the world's major country of emigration. As with U.S.-Mexican trade in goods, there is an asymmetry in migration patterns. The United States accepts immigrants from many nations, but virtually all Mexican emigrants head for the... 1999
Richard P. Cole, Gabriel J. Chin Emerging from the Margins of Historical Consciousness: Chinese Immigrants and the History of American Law 17 Law and History Review 325 (Summer, 1999) During the past generation legal histories of Chinese immigrants who came to America during the second half of the nineteenth century have reshaped our view of their significance for the history of American law. The preceding three generations of professional legal historians perceived the legal experience of Chinese immigrants as marginal to the... 1999
Lisa J. Laplante Expedited Removal at U.s. Borders: a World Without a Constitution 25 New York University Review of Law and Social Change 213 (1999) Gregorio Diaz, an American citizen of Mexican descent, is an Illinois resident. On February 18, 1998, Mr. Diaz arrived at O'Hare International Airport, Chicago from a trip abroad. When passing through customs, he was detained by an Immigration and Naturalization Service (INS) inspection officer , at which time he submitted documentation of his... 1999
Hiroshi Motomura Federalism, International Human Rights, and Immigration Exceptionalism 70 University of Colorado Law Review 1361 (Fall 1999) This essay addresses three topics that are connected in subtle but important ways. The first topic--and the one that anchors this essay in the symposium panel on the states and foreign affairs--is immigration federalism. What role should states and localities play in making and implementing law and policy relating to immigration and immigrants? The... 1999
Matthew N. Greller Give Me Your Tired, Your Poor, Your Fastball Pitchers Yearning for Strike Three: How Baseball Diplomacy Can Revitalize Major League Baseball and United States-cuba Relations 14 American University International Law Review 1647 (Fall 1999) INTRODUCTION. 1648 I. THE BASE-PATH: HOW UNITED STATES IMMIGRATION LAWS AND MLB RULES INTERACT TO ALLOW FOREIGN BASEBALL PLAYERS TO COMPETE IN THE UNITED STATES. 1655 A. The O Visa Category. 1656 B. The P Visa Category. 1659 C. The MLB Category. 1661 II. LA MANERA CUBANA -- THE CUBAN WAY -- HOW CUBAN PLAYERS COME TO THE UNITED STATES. 1666... 1999
Reviewed by Harvey Gee Immigrants Out! The New Nativism and the Anti-immigrant Impulse in the United States, Edited by Juan F. Perea. New York: New York University Press. 342 Pp. 1997. 52 Oklahoma Law Review 685 (Winter, 1999) The American Nation has always had a specific ethnic core. And that core has been white. The recently enacted anti-immigration policies which target Asian and Latino immigrants are the latest manifestations of the social construction of these racial groups as foreigners not entitled to the equal protection of the law. This anti-immigrant animus is... 1999
Juan F. Perea Immigrants Out!: the New Nativism and the Anti-immigrant Impulse in the United States 22 Suffolk Transnational Law Review 775 (Summer, 1999) In his new book, Immigrants Out!: The New Nativism and the Anti-Immigrant Impulse in the United States, editor Juan F. Perea has compiled a series of essays written by diverse authors on perhaps the most politically and legally volatile issue of the 1990s. Perea and the book's contributors concur in the view that current efforts to enact more... 1999
Doug Klusmeyer Introduction 13 Georgetown Immigration Law Journal 153 (Symposium, 1999) During the last decade, citizenship has become a salient issue for policy-makers, scholars, immigrants, and the public at large. It has emerged as a chronic source of controversy in long-running debates over access to welfare benefits, criteria for naturalization, the legitimacy of plural nationality, and the accommodation of multicultural... 1999
John L. Pollock Missing "Persons": Expedited Removal, Fong Yue Ting, and the Fifth Amendment 41 Arizona Law Review 1109 (Winter, 1999) In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This law cemented the recent trend of cracking down on illegal immigration by increasing the number of border patrols, limiting judicial review, and introducing new penalties for a variety of immigration control violations. This anti-immigrant... 1999
Melinda Smith Most RelevantCriminal Defense Attorneys and Noncitizens Clients: Understanding Immigrants, Basic Immigration Law & How Recent Changes in Those Laws May Affect Your Criminal Cases. 33 Akron Law Review 163 (1999) A political scientist recently described the benefit American society has gained from immigrants in the following terms: Immigrants contribute to the stability of American society and support their adopted country's political system, even though conventional political theory argues that ethnic diversity is disruptive or threatening to the... 1999
Kevin R. Johnson Most RelevantRace, Immigration and International Law 93 American Society of International Law Proceedings 213 (March 24-27, 1999) Today's restrictionism is part of a long history of anti-immigrant sentiment in the United States. It is particularly virulent, however, because the racial demographics of immigration have changed dramatically since the abolition of the discriminatory national-origins quota system in 1965. Racial considerations have influenced the nation's... 1999
Linda Kelly Most RelevantThe Fantastic Adventure of Supermom and the Alien: Educating Immigration Policy on the Facts of Life 31 Connecticut Law Review 1045 (Spring, 1999) British au pair Louise Woodward has gone home. The facts of her American visit are well known. After being convicted by a jury of second degree murder for the death of eight-month-old Matthew Eappen, Massachusetts Superior Court Judge Hiller Zobel reduced Woodward's verdict to manslaughter and sentenced her to time served. Woodward had entered the... 1999
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
Susan M. Akram Scheherezade Meets Kafka: Two Dozen Sordid Tales of Ideological Exclusion 14 Georgetown Immigration Law Journal 51 (Fall, 1999) The plea that evidence of guilt must be secret is abhorrent to free men, because it provides a cloak for the malevolent, the misinformed, the meddlesome, and the corrupt to play the role of informer undetected and uncorrected. More than two dozen immigrants in the United States are facing deportation or removal proceedings based primarily on... 1999
Meredith K. Olafson The Concept of Limited Sovereignty and the Immigration Law Plenary Power Doctrine 13 Georgetown Immigration Law Journal 433 (Spring, 1999) Precedents are made or unmade not on logic and history alone . We can get from those who preceded a sense of the continuity of a society. We can draw from their learning a feel for the durability of a doctrine and a sense of the origins of principles. But we have experience that they never knew. Our vision may be shorter or longer. But it is ours.... 1999
Thomas F. Hicks The Constitution, Aliens Control Act, and Xenophobia: the Struggle to Protect South Africa's Pariah--the Undocumented Immigrant 7 Indiana Journal of Global Legal Studies 393 (Fall, 1999) Since the fall of the apartheid regime and the dawn of a promising democratic government, immigrants from neighboring southern African countries have increasingly sought entry into South Africa. Awaiting these immigrants, in stark contrast to their expectations of social and legal security, is a harsh climate of xenophobia. South Africa, burdened... 1999
Kristina M. Oven The Immigrant First as Human: International Human Rights Principles and Catholic Doctrine as New Moral Guidelines for U.s. Immigration Policy 13 Notre Dame Journal of Law, Ethics & Public Policy 499 (1999) In American society, which so guards and upholds the right of the individual, there remains an inconsistency claiming more and more of the forefront of societal interaction, and with increasingly widespread effects throughout our nation as the twenty-first century approaches. It is the confrontation between immigrant and native-born, non-citizen... 1999
Iris Bennett The Unconstitutionality of Nonuniform Immigration Consequences of "Aggravated Felony" Convictions 74 New York University Law Review 1696 (December, 1999) In this Note, Iris Bennett analyzes the aggravated felony provision of the Immigration and Nationality Act, which requires the deportation of noncitizens convicted of a number of crimes under federal or state law. Bennett discusses the implications of the provision in light of the Constitution's Naturalization Clause, which requires a uniform... 1999
Irene Scharf Tired of Your Masses: a History of and Judicial Responses to Early 20th Century Anti-immigrant Legislation 21 University of Hawaii Law Review 131 (Summer, 1999) A story with eerie reminiscences of times past appeared in the National Law Journal this past October. The story, about the case of Soko Bukai v. YWCA of San Francisco, can serve to remind us all of a not-too-distant past that reverberates even today around this nation. Soko Bukai was brought on behalf of 700 members of the Japanese-American... 1999
William J. Aceves ; Paul L. Hoffman Using Immigration Law to Protect Human Rights: a Legislative Proposal 20 Michigan Journal of International Law 657 (Summer 1999) Introduction. 658 I. The Legislative History Of The Nazi Persecution And Genocide Provisions. 662 II. A Review Of The Nazi Persecution And Genocide Provisions. 669 A. Ineligibility for Admission. 669 B. Preclusion from Waiver of Inadmissibility. 670 C. Denaturalization. 671 D. Deportation. 672 E. Ineligibility for Withholding of Removal on Grounds... 1999
Peter Brimelow. New York: Harperperennial Library. 1996., Lawrence P. Donnelly Alien Nation: Common Sense about America's Immigration Disaster 22 Suffolk Transnational Law Review 311 (Winter, 1998) A few years ago now, Peter Brimelow, a well-known advocate for a more restrictive United States immigration policy, wrote a book, which codified his views with a plethora of statistical support, that revolutionized the immigration debate. As an immigrant to the United States himself, Brimelow brings a unique perspective to this debate which he... 1998
Kevin R. Johnson An Essay on Immigration, Citizenship, and U.s./mexico Relations: the Tale of Two Treaties 5 Southwestern Journal of Law and Trade in the Americas 121 (Spring 1998) The 1990s have been fascinating times for study of United States-Mexico relations. In the decade's early years, public discussion in the United States centered on the ratification of the North American Free Trade Agreement (NAFTA), a controversial trade accord between the United States, Mexico, and Canada. The NAFTA debate in the United States... 1998
Taunya Lovell Banks Both Edges of the Margin: Blacks and Asians in Mississippi Masala, Barriers to Coalition Building 5 Asian Law Journal L.J. 7 (May, 1998) Asians often take the middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls simultaneous racism, where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant... 1998
Victor C. Romero Broadening Our World: Citizens and Immigrants of Color in America 27 Capital University Law Review 13 (1998) Your world is as big as you make it. I know, for I used to abide In the narrowest nest in a corner, My wings pressing close to my side. But I sighted the distant horizon Where the sky line encircled the sea And I throbbed with a burning desire To travel this immensity. I battered the cordons around me And cradled my wings on the breeze Then soared... 1998
Robert S. Chang , Keith Aoki Centering the Immigrant in the Inter/national Imagination 10 La Raza Law Journal 309 (Spring 1998) In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders... 1998
Kevin R. Johnson , Amagda Pérez Clinical Legal Education and the U.c. Davis Immigration Law Clinic: Putting Theory into Practice and Practice into Theory 51 SMU Law Review 1423 (July-August, 1998) I. THE U.C. DAVIS IMMIGRATION LAW CLINIC. 1428 A. History: From Past to Present. 1430 B. Clinic Operations: A Law Office With Students. 1435 1. Case Selection. 1436 2. Case Preparation. 1437 3. The Hearing. 1440 C. The Clients. 1440 1. Suspension of Deportation for Disabled Mexican Citizen. 1441 2. Deferred Action/Adjustment of Pakistani Minor.... 1998
Liza Cristol-Deman , Richard Edwards Closing the Door on the Immigrant Poor 9 Stanford Law and Policy Review 141 (Winter, 1998) Public Law 104-193 (H.R. 3734), signed by President Clinton on August 22, 1996, is designated the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Title IV of the law contains provisions that address the eligibility of immigrants to receive benefits from state and federal government agencies. Title IV reflects the... 1998
Adam C. Abrahms Closing the Immigration Loophole: the 14th Amendment's Jurisdiction Requirement 12 Georgetown Immigration Law Journal 469 (Spring, 1998) I encourage you to go to Scripps Hospital in the Chula Vista area and see the number of parents, expectant mothers who are here across the border without sanction and they're touring the parking lot waiting for their pains to start so they can go in and deliver their children. The above statement is the testimony of a County Supervisor from San... 1998
Sylvia R. Lazos Vargas Deconstructing Homo[geneous] Americanus: the White Ethnic Immigrant Narrative and its Exclusionary Effect 72 Tulane Law Review 1493 (May, 1998) This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in... 1998
Linda Kelly Defying Membership: the Evolving Role of Immigration Jurisprudence 67 University of Cincinnati Law Review 185 (Fall, 1998) Trying to break up a Saturday night barfight, Abner Louima became a victim of torture. When police arrived at the Flatbush Avenue bar, Mr. Louima was arrested and taken to Brooklyn's 70th Precinct Station. Beaten on the way to the station, Mr. Louima suffered intensified abuse after his arrival. Taken into the station house bathroom, police... 1998
Robert S. Chang Dreaming in Black and White: Racial-sexual Policing in the Birth of a Nation, the Cheat, and Who Killed Vincent Chin? 5 Asian Law Journal 41 (May, 1998) Professor Chang observes that Asians are often perceived as interlopers in the nativistic American family. This conception of a nativist family is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived... 1998
Lolita Buckner Inniss Dutch Uncle Sam: Immigration Reform and Notions of Family 36 Brandeis Journal of Family Law 177 (Spring 1997-1998) Immigration reform has been the watchword of the last decade as the effort has continued to redefine our notions of who belongs in the United States. This effort to redefine who belongs started with the Immigration Reform and Control Act of 1986, which to a large extent addressed undocumented immigration. This effort continued with the... 1998
Victor C. Romero Expanding the Circle of Membership by Reconstructing the "Alien" : Lessons from Social Psychology and the "Promise Enforcement" Cases 32 University of Michigan Journal of Law Reform Reform 1 (Fall 1998) Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have... 1998
Enid Trucios-Haynes Family Values 1990's Style: U.s. Immigration Reform Proposals and the Abandonment of the Family 36 Brandeis Journal of Family Law 241 (Spring 1997-1998) The United States finds itself at a curious crossroads in its foreign and national policy. There is an increasing emphasis on economic integration of world markets and the access to foreign markets required by U.S. corporate interests to maintain growth. At the same time national policy, as reflected in current immigration policy and proposals for... 1998
Michael R. Curran Flickering Lamp Beside the Golden Door: Immigration, the Constitution, & Undocumented Aliens in the 1990s 30 Case Western Reserve Journal of International Law 57 (Winter 1998) C1-3Table of Contents I. INTRODUCTION: AMERICA APPROACHES THE 21ST CENTURY. 58 II. THE UNDOCUMENTED ALIEN DEBATE: WHY THEY COME AND THE BURDEN ON SOCIETY'. 61 A. Labels: Aliens, Immigrants, Natives, Nationals, and Citizens. 62 B. Why They Come and the Debate About Burdens. 68 III. HISTORICAL AND LEGAL SKETCH OF THE RIGHTS OF AUTHORIZED AND... 1998
Ralph C. Carmona Foreword 10 La Raza Law Journal 601 (Fall, 1998) The issue of affirmative action represents an attempt to accommodate the diversity that is fundamental to the nature of this nation. In a world plagued by ethnic conflict, this most diverse nation has avoided what The Economist characterizes as the virus of (ethnic) tribalism. America, as a nation of immigrants and native Americans, has avoided... 1998
Berta Esperanza Hernández-Truyol , Kimberly A. Johns Global Rights, Local Wrongs, and Legal Fixes: an International Human Rights Critique of Immigration and Welfare "Reform" 71 Southern California Law Review 547 (March, 1998) I. INTRODUCTION. 549 II. IMMIGRATION IN THE UNITED STATES. 552 III. HUMAN RIGHTS LAW. 563 IV. INTERNATIONAL HUMAN RIGHTS VIOLATIONS. 568 A. Nondiscrimination Protections Under International Human Rights Norms. 570 1. Classifications Based on Race, Ethnicity, or National Origin. 570 2. Classifications Based on Sex. 572 3. The Status of Children in... 1998
Michael Maggio, Larry S. Rifkin, Sheila T. Starkey Immigration Fundamentals for International Lawyers 13 American University International Law Review 857 (1998) HISTORY, POLICY, AND FUNDAMENTALS OF U.S. IMMIGRATION LAW. 858 Presentation by Michael Maggio I. Introduction. 858 II. Policy Themes of United States Immigration Law. 861 III. Basic History of United States Immigration Law. 862 IV. Deportation for Criminal Offenses. 866 V. Non-Immigrant Visas. 868 VI. Green Cards. 876 TEMPORARY WORK VISAS. 880... 1998
Kitty Calavita Immigration, Law, and Marginalization in a Global Economy: Notes from Spain 32 Law and Society Review 529 (1998) This case study of immigration law in Spain examines the contradiction between the rhetoric of immigration politics stressing immigrant integration and the reality of immigrant exclusion and marginalization. Drawing from a variety of secondary sources, government documents, and interviews, I show how Spanish policies regularly irregularize Third... 1998
Farnoush Nassi Into the Labyrinth: Artists, Athletes, Entertainers and the Ins 19 Loyola of Los Angeles Entertainment Law Journal 107 (1998) The Immigration and Nationality Act (INA) presents a heavy burden for those foreign artists, entertainers, and athletes who desire to immigrate to the United States. Although the law is designed to bring aliens into the U.S., its ambiguous requirements are extraordinarily difficult for a foreigner to satisfy. The INA establishes classifications... 1998
Edward M. Chen Most RelevantIntroduction to Petition to U.s. Commission on Civil Rights 5 Asian Law Journal 353 (May, 1998) Since their immigration to this nation over a century ago, Asian Pacific Americans, like other racial minorities, have had to deal with debilitating and dehumanizing stereotypes. The most dominant and persistent perception is that of foreigners to America, a perception that pervades the experience of Asian Pacific Americans no matter how long and... 1998
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