AuthorTitleCitationSummaryYear
Lindsey Rubin Love's Refugees: the Effects of Stringent Danish Immigration Policies on Danes and Their Non-danish Spouses 20 Connecticut Journal of International Law 319 (Summer, 2005) Denmark may long have been perceived as the small, friendly country which gave the world Lego, Hans Christian Andersen and the beauty of Copenhagen . [b]ut Denmark no longer has a reputation as an open, cosy [sic] society where policemen stop the traffic to allow ducks to cross the road. At age eighteen Christina Reves could vote, die for her... 2005
Kevin R. Johnson , Bill Ong Hing National Identity in a Multicultural Nation: the Challenge of Immigration Law and Immigrants 103 Michigan Law Review 1347 (May, 2005) Who Are We? The Challenges To America's National Identity. By Samuel P. Huntington. New York: Simon & Schuster. 2004. Pp. xvii, 428. $39.95 Samuel Huntington's provocative new book Who Are We?: The Challenges to National Identity is rich with insights about the negative impacts of globalization and the burgeoning estrangement of people and... 2005
Jagdish J. Bijlani Neither Here Nor There: Creating a Legally and Politically Distinct South Asian Racial Identity 16 Berkeley La Raza Law Journal 53 (Fall 2005) At about 9:20 p.m. on Monday, May 19, 2003, Avtar Singh Cheira, a 52-year-old Phoenix, Arizona, truck driver and Sikh immigrant from India was shot twice in the legs. Cheira had been waiting to be picked up by his family when the men who shot him with bullets from a small caliber gun drove by in a red pickup truck. The Sikh immigrant had lived in... 2005
Kerry Abrams Polygamy, Prostitution, and the Federalization of Immigration Law 105 Columbia Law Review 641 (April, 2005) When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This... 2005
Matthew J. Lindsay Preserving the Exceptional Republic: Political Economy, Race, and the Federalization of American Immigration Law 17 Yale Journal of Law & the Humanities 181 (Summer 2005) In February 1885, United States Senator John Ingalls urged his colleagues during floor debate to consider whether it may not be patriotic and prudent . . . to modify existing views as to the Declaration of Independence and the universal rights of man. [U]nless measures are taken to protect the American people, to protect this great... 2005
Carlos Scott López Prolonged Administrative Detention of Illegal Arrivals in Australia: the Untenable Hiv/aids Justification 4 Washington University Global Studies Law Review 263 (2005) I. Introduction and Recent Events. 264 II. Mandatory Immigration Detention & the Indefiniteness Problem. 269 A. Law & Current Policy. 269 B. The Problem . 273 III. Implicit Time Limits to Mandatory Immigration Detention. 274 A. Contextual Statutory & Common Law Arguments. 274 B. Consequentialist Arguments: Two Lines of Analysis. 280 1. Lim--Based... 2005
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
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
Katherine L. Vaughns Restoring the Rule of Law: Reflections on Fixing the Immigration System and Exploring Failed Policy Choices 5 University of Maryland Law Journal of Race, Religion, Gender and Class 151 (Fall, 2005) A properly regulated system of legal immigration is in the national interest of the United States. Such a system enhances the benefits of immigration while protecting against potential harms. As the panelists at a recent symposium on immigration reform noted, all observers of immigration policies agree that the current system is broken and in... 2005
Jessica Conaway Reversion Back to a State of Nature in the United States Southern Borderlands: a Look at Potential Causes of Action to Curb Vigilante Activity on the United States/mexico Border 56 Mercer Law Review 1419 (Summer 2005) Since the late 1980s and early 1990s, groups of concerned citizens have banded together to pick up where the federal government failed and to combat illegal immigration at its source: the unguarded borders. Armed with the concepts of citizen's arrest and property rights, vigilante ranchers in California, Arizona, New Mexico, and Texas began... 2005
Harvey Gee Some Thoughts and Truths about Immigration Myths: the "Huddled Masses" Myth: Immigration and Civil Rights 39 Valparaiso University Law Review 939 (Summer, 2005) As an avid reader of Kevin R. Johnson's previous legal writings about race and immigration, I was extremely pleased to find his most recent book, The Huddled Masses Myth: Immigration and Civil Rights (Huddled Masses) resting on the shelf in the law books section of the San Diego Border's bookstore. Johnson, a prolific writer, is a member of the... 2005
Michael Shapland Soskin V. Reinertson: an Analysis of the Tenth Circuit's Decision to Permit the State of Colorado to Withhold Medicaid Benefits from Aliens Pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act 2 Seton Hall Circuit Review 339 (Fall, 2005) L1-2,T2I. Introduction 339. L1-2,T2II. The Federal Immigration Power 340. L1-2,T2III. Soskin's Treatment of the Personal Responsibility Act 345. L1-2,T2IV. Arguments For and Against the Devolvability Principle 351. 1. Jurisprudentially-Based Arguments. 351 2. Policy-Based Arguments. 357 L1-2,T2V. Conclusion 363. 2005
Kevin R. Johnson Symposium Introduction 38 U.C. Davis Law Review 599 (March, 2005) The U.C. Davis Law Review is proud to publish this symposium on Immigration and Civil Rights After September 11: The Impact on California. The articles come from a distinguished group of scholars, attorneys, and activists and will unquestionably contribute significantly to the ongoing national dialogue about the treatment of noncitizens in U.S.... 2005
Jeffrey G. Reitz Tapping Immigrants' Skills: New Directions for Canadian Immigration Policy in the Knowledge Economy 11 Law & Business Review of the Americas 409 (Summer/Fall, 2005) THE utilization of immigrants' skills has emerged as a significant issue for Canada's immigration program. This is due to the specific nature and current situation of its immigration. For some time now, the country has been committed to mass immigration. This distinctive Canadian strategy is a product of our institutional history and our position... 2005
Harvey Gee The "Huddled Masses Myth": Immigration and Civil Rights. By Kevin R. Johnson. Philadelphia, Pa.: Temple University Press, 2004. Pp. 254. $59.50, Cloth 18 Harvard Human Rights Journal 293 (Spring, 2005) Kevin R. Johnson's The Huddled Masses Myth: Immigration and Civil Rights is a fascinating and important comment on the intersection of race and the law in the United States. Johnson's expressed intent is to write his book for a general audience, and for the most part, he succeeds. The book is divided into eight chapters. Chapter One discusses... 2005
J. Allen Douglas The "Priceless Possession" of Citizenship: Race, Nation and Naturalization in American Law, 1880-1930 43 Duquesne Law Review 369 (Spring 2005) In 1921, as restrictive immigration policy in the United States quickened, the federal district court in Washington State considered the plea of N. Nakatsuka to lease land for agricultural development in the face of the state's newly implemented Anti-Alien Land Law. Writing for the court, Judge Cushman noted that, as an alien resident, Nakatsuka... 2005
Jun Roh The Aftermath of September Eleventh: Increased Exploitation of Undocumented Workers in the Workplace. 5 Wyoming Law Review 237 (2005) I. Introduction. 238 II. Immigration and Labor and Employment Laws Intended to Protect Undocumented Workers in the Work Place. 241 A. U.S. Immigration Laws and Undocumented Workers. 241 1. Immigration and Nationality Act of 1952. 241 2. Immigration Reform and Control Act of 1986. 242 3. Illegal Immigration Reform and Immigrant Responsibility Act of... 2005
Hollis V. Pfitsch The Executive's Scapegoat, the Court's Blind Eye? Immigrants' Rights after September 11 11 Washington and Lee Race and Ethnic Ancestry Law Journal 151 (Winter, 2005) An Arab American cab driver had a sobering question for NAPALC's Executive Director, Karen K. Narasaki, as she made her way to a press conference at the Japanese American memorial a week after September 11. How were the Japanese Americans treated in the internment camps during WWII? he asked. When Narasaki asked why he posed the question, he... 2005
María Pabón López The Place of the Undocumented Worker in the United States Legal System after Hoffman Plastic Compounds: an Assessment and Comparison with Argentina's Legal System 15 Indiana International & Comparative Law Review 301 (2005) The undocumented worker's place in the U.S. legal system has been described as deeply ambivalent. A leading immigration scholar coined this intriguing description more than fifteen years ago, shortly after the passage of the statute that outlawed the hiring of undocumented workers in the United States: the Immigration Reform and Control Act... 2005
Kif Augustine-Adams The Plenary Power Doctrine after September 11 38 U.C. Davis Law Review 701 (March, 2005) Introduction. 702 I. The Constitution as a Source of Immigration Rights. 705 A. Difficulties. 705 B. Identification of Constitutional Rights. 706 1. Family Unity. 706 2. Racial Equality. 711 C. Application of Constitutional Rights to Noncitizens in Immigration Law. 712 1. Extra-Constitutional Arguments. 712 a. Sovereignty. 712 b. Normative... 2005
Raquel Aldana The September 11 Immigration Detentions and Unconstitutional Executive Legislation 29 Southern Illinois University Law Journal L.J. 5 (Fall, 2004/Winter, 2005) In response to the tragic September 11 attacks, the U. S. government waged war on terror internationally and domestically. One key component of the domestic war on terror has been the detention of thousands of civilians inside the United States. The target of these civilian detentions overwhelmingly has been foreign nationals from Arab and... 2005
Jonathan H. Wardle The Strategic Use of Mexico to Restrict South American Access to the Diversity Visa Lottery 58 Vanderbilt Law Review 1963 (November 1, 2005) I. Introduction. 1963 II. Setting the Stage. 1966 A. A Brief History. 1966 B. Policies and Principles. 1969 C. The Immigration Act of 1990. 1972 III. Enactment of the Diversity Visa Lottery. 1973 A. Background. 1974 B. In the Senate. 1974 C. In the House. 1976 1. Committee Hearings. 1977 2. Evolution of H.R. 4300. 1981 D. From Bill to Law. 1984 IV.... 2005
Ratna Kapur Travel Plans: Border Crossings and the Rights of Transnational Migrants 18 Harvard Human Rights Journal 107 (Spring, 2005) We are the people you never see. [Y]ou begin to give up the very idea of belonging. Suddenly, this thing, this belonging, it seems like some long, dirty lie. Come on, mohajir! Immigrant.. Pack-up double quick and be off to what gutter you choose. Dirty Pretty Things, a compelling, cross-cultural thriller from the United Kingdom, tells the complex... 2005
James F. Smith United States Immigration Law as We Know It: El Clandestino, the American Gulag, Rounding up the Usual Suspects 38 U.C. Davis Law Review 747 (March, 2005) Introduction. 748 I. Who Are Los Clandestinos? . 749 A. Pablo, Jose, and Maria. 752 1. Pablo. 752 2. Jose. 755 3. Maria. 756 B. Making Workers Fugitives. 757 II. Legislating the Fugitive Class. 764 A. Expanding the Grounds for Removal. 765 B. Restricting Relief from Removal. 770 C. Using Lengthy Detention to Coerce Waiver of the Right to a... 2005
Mary Romero, Marwah Serag Violation of Latino Civil Rights Resulting from Ins and Local Police's Use of Race, Culture and Class Profiling: the Case of the Chandler Roundup in Arizona 52 Cleveland State Law Review 75 (2005) I. Overview of the Chandler Roundup. 81 II. Urban Policing Practices and Constructing Citizenship. 83 III. Micro and Macroaggressions and Immigration Law Enforcement. 85 IV. Citizenship Socialization and Immigration Control. 91 V. Conclusion. 95 2005
April McKenzie A Nation of Immigrants or a Nation of Suspects? State and Local Enforcement of Federal Immigration Laws since 9/11 55 Alabama Law Review 1149 (Summer 2004) Illegal immigration sparked nationwide debate in the 1990s, particularly on the local level. Many states were concerned about the financial burden imposed on them because of the lack of enforcement of federal immigration laws. The states demanded financial aid to offset the costs of social services provided, as well as requested overall immigration... 2004
Arístides Díaz-Pedrosa A Tale of Competing Policies: the Creation of Havens for Illegal Immigrants and the Black Market Economy in the European Union 37 Cornell International Law Journal 431 (2004) As long as it is possible to hire wetbacks at 10 cents an hour, they will be coming across the border until kingdom come. Introduction. 432 I. The Forces at Work in Transnational Immigration. 436 A. Push Factors of Immigration. 436 B. State Regulation of Immigration. 437 1. The Blessings. 438 2. The Burdens. 439 C. Labor Needs in the Receiving... 2004
Deborah A. Morgan Access Denied: Barriers to Remedies under the Violence Against Women Act for Limited English Proficient Battered Immigrant Women 54 American University Law Review 485 (December, 2004) Introduction. 486 I. Background. 490 A. The Violence Against Women Act. 490 B. The Story of May, an LEP Battered Immigrant Woman. 492 1. Language barriers to accessing VAWA information. 493 2. Language barriers to completing a VAWA application. 495 C. USCIS's Language Access Obligations Under Executive Order 13,166. 496 1. Title VI of the Civil... 2004
Nicole Jacoby America's De Facto Guest Workers: Lessons from Germany's Gastarbeiter for U.s. Immigration Reform 27 Fordham International Law Journal 1569 (April, 2004) In the summer of 2001, U.S.-Mexican talks on immigration reform reached a pinnacle. In an address to a joint session of Congress in September 2001, Mexican President Vicente Fox pressed for the legalization of undocumented Mexican workers in the United States and bilateral talks between the Mexican leader and his U.S. counterpart yielded promising... 2004
Gabriela A. Gallegos Border Matters: Redefining the National Interest in U.s.-mexico Immigration and Trade Policy 92 California Law Review 1729 (December, 2004) Introduction. 1730 I. The Standard Story: Economics-Based Justifications for Trade and Immigration Policies. 1734 A. Macroeconomics-Based Trade Liberalization Policy. 1735 B. Microeconomics-Based Restrictive Immigration Policy. 1738 II. The Real Story: Nativistic Racism Plus Economic Interest. 1740 A. Nativistic Racism Defined. 1740 B. Nativistic... 2004
Adam B. Cox Citizenship, Standing, and Immigration Law 92 California Law Review 373 (March, 2004) Introduction. 374 I. The Plenary Power as Standing Doctrine. 377 A. The Scope of Plenary Power Doctrine. 378 B. Justifications for Plenary Power Doctrine. 381 1. Judicial Deference. 382 2. Unlimited Congressional Power. 384 3. Alien Standing. 386 II. Citizen Injuries and Citizen Standing. 390 A. Associational Injuries. 391 B. Economic Injuries. 392... 2004
Lucy E. Salyer, University of New Hampshire David A. J. Richards, Italian American: the Racializing of an Ethnic Identity. New York: New York University Press, 1999. 273 Pp. $50.00 46 American Journal of Legal History 114 (January, 2004) From the perspective of a legal historian, this is an unusual book. Rather than an in-depth investigation of legal, ethnic, or immigration history, the book draws on moral and political philosophy with the aim of emphasizing the validity and importance of a multiculturalist perspective in contemporary American public law. The author builds on his... 2004
Lupe S. Salinas Deportations, Removals and the 1996 Immigration Acts: a Modern Look at the ex Post Facto Clause 22 Boston University International Law Journal 245 (Fall 2004) I. Introduction. 246 II. Concerns Over the Immigration Acts in the American Immigrant Community. 251 III. Congressional Plenary Power in the Area of Immigration and Naturalization. 253 IV. AEDPA and IIRIRA: The 1996 Immigration Acts and the Aggravated Felony . 255 V. The Supreme Court's Deportation Rulings--A Constitutional Enigma?. 260 VI.... 2004
Kevin R. Johnson Driver's Licenses and Undocumented Immigrants: the Future of Civil Rights Law? 5 Nevada Law Journal 213 (Fall 2004) In the United States, efforts to end racial discrimination have generally been viewed as struggles for basic civil rights. The anti-discrimination aim of the civil rights movement of the 1950s and 1960s might be considered the primary civil rights concern. With the help of cases like Brown v. Board of Education, officially sanctioned school and... 2004
Emilie Cooper Embedded Immigrant Exceptionalism: an Examination of California's Proposition 187, the 1996 Welfare Reforms and the Anti-immigrant Sentiment Expressed Therein 18 Georgetown Immigration Law Journal 345 (Winter, 2004) Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! While the Statue of Liberty claims to welcome the tired, the poor and the homeless to the United States of America, it has become increasingly... 2004
Elizabeth Keyes Expansion and Restriction: Competing Pressures on United Kingdom Asylum Policy 18 Georgetown Immigration Law Journal 395 (Winter, 2004) In November 2002, the British Parliament passed new legislation reforming its asylum system. The Nationality, Immigration and Asylum Act of 2002 is only the latest in a series of recent attempts to respond to domestic political pressures created largely by the rising number of asylum-seekers in the United Kingdom. In addition to domestic pressures,... 2004
Kevin K. McCormick Extraordinary Ability and the English Premier League: the Immigration, Adjudication, and Place of Alien Athletes in American and English Society 39 Valparaiso University Law Review 541 (Winter, 2004) Imagine playing the role of general manager for a professional soccer team. As the world's game, professional-caliber soccer players abound. After extensive scouting and preparation, four soccer prospects appear worthwhile to join the squad: a twenty-two-year-old forward who played magnificently at the World Cup, scored two huge goals at the FIFA... 2004
Elizabeth Heger Boyle, Fortunata Ghati Songora Formal Legality and East African Immigrant Perceptions of the "War on Terror" 22 Law & Inequality: A Journal of Theory and Practice 301 (Summer 2004) Ultimately, the meaning of law emerges from the interaction of law in the abstract, law in practical application, and law as the public perceives it. This Article focuses on the last category: the general assumptions and perceptions made about the law by ordinary individuals. We interviewed members of an immigrant community affected by the legal... 2004
Irwin P. Stotzky Haitian Refugees and the Rule of Law 61 Guild Practitioner 151 (Summer, 2004) All of us in this country, except perhaps for Native Americans, are either immigrants or the children of immigrants. Our roots, our origins, of course, suggest both subtle and stark cultural differences in the ways we live, view the world, behave. As a nation, a community, we publicly celebrate these differences. Moreover, the fact that the United... 2004
Quinn H. Vandenberg How Can the United States Rectify its Post-9/11 Stance on Noncitizens' Rights? 18 Notre Dame Journal of Law, Ethics & Public Policy 605 (2004) Changes in immigration law following Congress' 1996 legislation and post-September 11, 2001 legislation created an inhospitable and discriminatory environment for noncitizens. Pursuant to Congress' 1996 and post-9/11 legislation, increases in the scope of crime-related deportation grounds and lack of judicial review result in a system where... 2004
Katherine Culliton How Racial Profiling and Other Unnecessary Post-9/11 Anti-immigrant Measures Have Exacerbated Long-standing Discrimination Against Latino Citizens and Immigrants 8 University of the District of Columbia Law Review 141 (Fall 2004) Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations. Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is... 2004
Maria L. Ontiveros Immigrant Workers' Rights in a Post-hoffman World-organizing Around the Thirteenth Amendment 18 Georgetown Immigration Law Journal 651 (Summer, 2004) At the start of the twenty-first century, the impact of global labor and product markets presents our society with an enormous challenge and an enormous opportunity. We are challenged to provide decent jobs for all peoplejobs that provide fulfillment, empowerment, opportunity and material comfort. Our opportunity is the chance to answer this... 2004
Jill Keblawi Immigration Arrests by Local Police: Inherent Authority or Inherently Preempted? 53 Catholic University Law Review 817 (Spring, 2004) As a result of the terrorist attacks on September 11, 2001, President George W. Bush's Administration has used immigration policy as its primary weapon in terrorist prevention. Because there are only two thousand federal immigration agents and an estimated eight million undocumented immigrants, this Administration has encouraged the nation's... 2004
Alice M. Rivlin, Visiting Professor, Georgetown Public Policy Institute Impossible Subjects: Illegal Aliens and the Making of Modern America, by Mae M. Ngai, Princeton University Press, 2003, 368pp. 9 Georgetown Public Policy Review 87 (Spring, 2004) This fascinating book describes the evolution of United States immigration policy during its most restrictive period from the 1920's to the 1960's. The author starts with the xenophobia and red scares that led to the Johnson-Reed Act of 1924, which imposed tight limits on immigration through country quotas favoring Northern Europeans. She moves... 2004
Bernie D. Jones International and Transracial Adoptions: Toward a Global Critical Race Feminist Practice? 10 Washington and Lee Race and Ethnic Ancestry Law Journal 43 (Spring, 2004) The practice of international adoption places feminist legal scholars of family law in a quandary. Adopted orphaned and abandoned children in impoverished developing countries immigrate to the United States and Europe, gaining families and a higher standard of living. But these improved circumstances come at a cost. Their mothers suffer the effects... 2004
Andrew B. Ayers International Law as a Tool of Constitutional Interpretation in the Early Immigration Power Cases 19 Georgetown Immigration Law Journal 125 (Fall, 2004) I. Introduction: The Modern Controversy. 126 R1II. L2Reliance on International Law in the Early Immigration Power Cases. 131 A. The Early Immigration Power Cases. 133 B. Chae Chan Ping. 133 C. Nishimura Ekiu. 138 D. Fong Yue Ting. 139 E. Persuasive Authority. 141 III. International Law as Binding Authority?. 144 IV. International Law and Natural... 2004
Daniel J. Steinbock National Identity Cards: Fourth and Fifth Amendment Issues 56 Florida Law Review 697 (September, 2004) In the frenzied days and weeks following September 11, 2001, many observers called for serious consideration of a national identity system, the centerpiece of which would be some form of national identity card. Such a system was seen mainly as a tool against terrorists and also as a useful response to illegal immigration, identity theft, and... 2004
Devon A. Corneal On the Way to Grandmother's House: Is U.s. Immigration Policy More Dangerous than the Big Bad Wolf for Unaccompanied Juvenile Aliens? 109 Penn State Law Review 609 (Fall, 2004) When Little Red Riding Hood began her now infamous journey, she stepped onto a well-marked path designed to take her straight to her loving (albeit ailing) grandmother's house and home again. Neither Red Riding Hood nor her mother had any reason to fear that her outing would be anything but a safe and uneventful jaunt to take her grandmother a... 2004
Mark C. Weber Opening the Golden Door: Disability and the Law of Immigration 8 Journal of Gender, Race and Justice 153 (Spring 2004) The United States is a nation of immigrants. It is also a nation founded on ideals of equality, however imperfectly realized those ideals have always been. This Article considers the equality rights of people with disabilities who seek to pass through the golden door of immigration into the United States. After the early historical period of free... 2004
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
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