| Author | Title | Citation | Summary | Year |
| 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 |
| Alan K. Simpson |
Perspectives on Immigration and the Law |
21 Suffolk Transnational Law Review 251 (Summer, 1998) |
I visited with some of the Suffolk University Law School folks last year, a delightful group. I'm very proud to be back here. I like to share my experiences with people in law school because I hope you'll think about public life. When I got out of law school, I went into the Assistant Attorney General's office for about three months. I had no idea... |
1998 |
| David Fischer |
Proposed Changes Require Canadian Immigrants to Be Proficient in English or French |
12 Georgetown Immigration Law Journal 737 (Summer, 1998) |
The Legislative Advisory Group, an independent advisory committee to Canadian Citizenship and Immigration Minister Lucienne Robillard, recently issued More than Numbers, a report proposing 172 changes to Canada's immigration and refugee laws. The most controversial recommendation was requiring basic language skills in English or French, to be... |
1998 |
| Amy S. Zabetakis |
Proposition 227: Death for Bilingual Education? |
13 Georgetown Immigration Law Journal 105 (Fall, 1998) |
Before the end of the century, the white population in the state of California will lose its status as the majority. For the most part, this loss in status is because of the rising immigrant population. In response, a number of anti-immigrant initiatives have found their way onto California ballots. The most famousor infamousof these was... |
1998 |
| Kevin R. Johnson |
Race, the Immigration Laws, and Domestic Race Relations: a "Magic Mirror" into the Heart of Darkness |
73 Indiana Law Journal 1111 (Fall, 1998) |
L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... |
1998 |
| Nancy Morawetz |
Rethinking Retroactive Deportation Laws and the Due Process Clause |
73 New York University Law Review 97 (April, 1998) |
In 1996 Congress passed two laws, the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which substantially increased the likelihood that permanent residents will be deported from the United States for criminal convictions. The deportation provisions of these 1996 laws... |
1998 |
| William L. Pham |
Section 633 of Iirira: Immunizing Discrimination in Immigrant Visa Processing |
45 UCLA Law Review 1461 (June, 1998) |
Introduction. 1462 I. The Immigrant Visa Process. 1464 II. Section 633 Is Misguided. 1467 A. Immigration Law Prior to 1965. 1468 B. Section 633 Betrays the Legislative Intent of the 1965 Act. 1472 III. Section 633 and the Lavas Case. 1473 A. Background on LAVAS. 1474 1. Visa Processing from 1975 to 1993. 1474 2. The 1993 U.S. Policy Change. 1477 B.... |
1998 |
| Gabriel J. Chin |
Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration |
46 UCLA Law Review Rev. 1 (October, 1998) |
For over a century, the Supreme Court has granted federal immigration laws a unique immunity from judicial review. Relying on the so-called plenary power doctrine, the Court has said that over no conceivable subject is federal power greater than it is over immigration; even modern federal cases, for example, state that Congress may freely... |
1998 |
| Debra L. Satinoff |
Sex-based Discrimination in U.s. Immigration Law: the High Court's Lost Opportunity to Bridge the Gap Between What We Say and What We Do |
47 American University Law Review 1353 (June, 1998) |
Introduction. 1354 I. The Tension Between Congress' Historic Plenary Power Over Immigration and Modern Gender-Based Equal Protection. 1358 A. Federal Cases Regarding Equal Protection Challenges to Gender-Based Immigration Laws. 1358 1. Overview. 1358 2. Miller v. Albright--background. 1361 B. Congress' Unrestrained Power Over Immigration. 1364 C.... |
1998 |
| Linda Kelly |
Stories from the Front: Seeking Refuge for Battered Immigrants in the Violence Against Women Act |
92 Northwestern University Law Review 665 (Winter 1998) |
We met at a vocational and technical education school. We began dating and fell in love. I was four months into my pregnancy when we got married. The abuse started when I became pregnant and gradually progressed in severity. . . . The verbal insults turned into physical abuse. When I fought back he would beat me and then force me to have sex with... |
1998 |
| Ella Dlin |
The Antiterrorism and Effective Death Penalty Act of 1996: an Attempt to Quench Anti-immigration Sentiments? |
38 Catholic Lawyer 49 (1998) |
Most Americans believe a correlation exists between immigration and terrorism. In fact, the flow of immigrants into the United States has not been found to be a significant contributing factor to violence in this country during the last twenty-five years. Terrorist acts, because of their unpredictable nature, can inspire fear, panic and hysteria... |
1998 |
| Bill Ong Hing |
The Immigrant as Criminal: Punishing Dreamers |
9 Hastings Women's Law Journal 79 (Winter 1998) |
Being a boat person is a crime. The crime begins with the acute desire on the part of the person to enter the United States, under even the most harrowing circumstances, in order to better herself or the lot of her family. They pay snakeheads to secret them in. We punish people for this crime. We capture them, imprison them, hold them without... |
1998 |
| Louis Anthes |
The Island of Duty: the Practice of Immigration Law on Ellis Island |
24 New York University Review of Law and Social Change 563 (1998) |
The gist of the thing was put clearly in President Roosevelt's message in the reference to a certain economic standard of fitness for citizenship that must govern, and does govern, the keepers of the gate. Into it enter not only the man's years and his pocket-book, but the whole man, and he himself virtually decides the case. Jacob Riis (1903)... |
1998 |
| Jonathan L. Hafetz |
The Rule of Egregiousness: Ins V. Lopez-mendoza Reconsidered |
19 Whittier Law Review 843 (Summer, 1998) |
The application of the Fourth Amendment to the Immigration and Naturalization Service (INS) came relatively late and in a watered-down form. A key limitation on the Fourth Amendment protection of illegal aliens was the Supreme Court's decision in INS v. Lopez-Mendoza, which barred use of the exclusionary rule in civil deportation hearings.... |
1998 |
| Francisco Valdes |
Under Construction: Latcrit Consciousness, Community, and Theory |
10 La Raza Law Journal L.J. 1 (Spring 1998) |
C1-3Table of Contents Introduction. 3 I. Race, Ethnicity & Nationhood: Latina/o Position and Identity in Law and Society. 10 A. The Utility of LatCrit Narratives. 11 B. Beyond the Black/White Paradigm. 17 II. Policy, Politics & Praxis: Latinas/os Under the Rule of Anglo-American Law. 25 A. Equality in Law and Life. 25 B. Immigration, Borders, and... |
1998 |
| Kostas A. Poulakidas |
Welfare Reform and Immigration: Attempting to Find a Domestic Answer to a Global Question |
6 Indiana Journal of Global Legal Studies 283 (Fall, 1998) |
Globalization and interdependence have become common terms among legislators and policymakers. The growing global interrelationship of economies, politics, technology, communications, and societal values are daily confrontations for local policymakers. The nature of these shifts are beyond the control of any single individual, locality, or nation.... |
1998 |
| Charles C. Foster |
1996 Immigration Act: its Impact on U.s. Legal Residents and Undocumented Aliens |
34-FEB Houston Lawyer 28 (January/February, 1997) |
On the evening of September 30, 1996, when President Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (1996 Act), what the New York Times called a dangerous immigration bill, he did not end the debate on what the immigration policy should be for the United States. The two-year debate in Congress that... |
1997 |
| Kevin R. Johnson |
Aliens and the U.s. Immigration Laws: the Social and Legal Construction of Nonpersons |
28 University of Miami Inter-American Law Review 263 (1997) |
L1-3,T3I. Introduction 264 L1-4 L1-3,T3II. Citizens and Aliens' 270 L1-4 A. Deportable and Excludable Aliens'. 274 L1-4 B. Good (Legal) and Bad (Illegal) Aliens'. 276 L1-4 C. Implications of the Alien Terminology. 279 L1-4 L1-3,T3III. The Influence of Race 281 L1-4 A. Some Examples: Mexicans, Haitians, Cubans. 282 L1-4 B. The Absence of... |
1997 |
| Valerie L. Barth |
Anti-immigrant Backlash and the Role of the Judiciary: a Proposal for Heightened Review of Federal Laws Affecting Immigrants |
29 Saint Mary's Law Journal 105 (1997) |
I. Introduction. 106 II. History and Development of Judicial Review in Alienage Cases. 120 A. Judicial Review of State Laws Classifying Aliens: Invalidating the Special Public Interest Doctrine and Limiting the Political Function Exception. 120 B. Judicial Review of Federal Laws: Why the Special Treatment?. 127 C. The Constitutionality of the... |
1997 |
| Lenni B. Benson |
Back to the Future: Congress Attacks the Right to Judicial Review of Immigration Proceedings |
29 Connecticut Law Review 1411 (Summer, 1997) |
To become a United States citizen, a lawful permanent resident alien must successfully demonstrate a knowledge of United States history and government. A standard examination question is: How many branches are there in the federal government of the United States? The correct answer of course is three branches. However, where immigration... |
1997 |
| Stacey M. Schwartz |
Beaten Before They Are Born: Immigrants, Their Children, and a Right to Prenatal Care |
1997 Annual Survey of American Law 695 (1997) |
Jennifer moved to the United States from China when she was eight years old. For fifteen years, she has lived in New York City as an undocumented immigrant, without obtaining legal status or United States citizenship. At age twenty-three, Jennifer has become pregnant. Because her job as a dress-maker fails to provide her with medical benefits, she... |
1997 |
| Robert S. Chang , Keith Aoki |
Centering the Immigrant in the Inter/national Imagination |
85 California Law Review 1395 (October, 1997) |
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... |
1997 |
| Harvey Gee |
Changing Landscapes: the Need for Asian Americans to Be Included in the Affirmative Action Debate |
32 Gonzaga Law Review 621 (1996-1997) |
I. Introduction. 622 II. Historical Context: Racial Discrimination Against Asian Americans. 628 A. Chinese Immigrants. 629 B. The Internment of Japanese Americans. 631 III. Affirmative Action. 634 A. The Conception and Implementation of Affirmative Action Programs. 634 B. The Absence of Asian Americans from the Affirmative Action Debate. 636 IV.... |
1997 |
| Paul Meehan |
Combatting Restrictions on Immigrant Access to Public Benefits: a Human Rights Perspective |
11 Georgetown Immigration Law Journal 389 (1997) |
Immigration into the United States, both documented and undocumented, has grown steadily over the past two decades and now exceeds one million persons per year. In a time of shrinking government budgets, stagnant or declining real wages, and job instability, immigration has again become a politically charged issue. Whether based on fact, fiction or... |
1997 |
| Rachel Silber |
Eugenics, Family & Immigration Law in the 1920's |
11 Georgetown Immigration Law Journal 859 (Summer, 1997) |
Enough, Enough! we want no more Of Ye Immigrant from a foreign shore Already is our land o'er run With toiler, beggar, thief and scum. If war and blood we would avoid There must be no delay but of one accord That our lovely shores you shall no longer use As a dumping ground for foreign refuse. Some of the most contentious debates in early twentieth... |
1997 |
| Ibrahim J. Gassama , Robert S. Chang , Keith Aoki |
Foreword: Citizenship and its Discontents: Centering the Immigrant in the Inter/national Imagination (Part Ii) |
76 Oregon Law Review 207 (Summer 1997) |
What is involved in the project of rescinding borders is a critical awareness of how borders have been (and continue to be) systematically policed and for whose ideological benefit and material profit. The way to rescind borders is of course to cross them and, in doing so, blur them, confuse them, make them permeable, open for traffic from all... |
1997 |
| Diana Vellos |
Immigrant Latina Domestic Workers and Sexual Harassment |
5 American University Journal of Gender & the Law 407 (Spring, 1997) |
My family's history is not uncommon. My ancestors immigrated from Central America to the United States in the mid 1960s through the early 1970s in search of a brighter future. Several of the women in my family accepted jobs as domestic workers when they first arrived in order to make ends meet. What they endured as immigrant domestic workers is a... |
1997 |
| Connie Chang |
Immigrants under the New Welfare Law: a Call for Uniformity, a Call for Justice |
45 UCLA Law Review 205 (October, 1997) |
Introduction. 206 I. Supplemental Security Income. 218 A. Changes. 218 B. Impact. 226 II. Alienage Discrimination in the Distribution of Welfare Benefits. 236 A. Graham v. Richardson. 236 B. Mathews v. Diaz. 241 III. Challenging the New Welfare Law. 247 A. The Limits of Plenary Power. 253 1. The Alien Rights Cases. 253 2. The Preemption Cases. 258... |
1997 |
| Stephen Shie-Wei Fan |
Immigration Law and the Promise of Critical Race Theory: Opening the Academy to the Voices of Aliens and Immigrants |
97 Columbia Law Review 1202 (May, 1997) |
As a movement, critical race theory endeavors to account for the voices of people of color by exploring the systemic and pervasive nature of racism in society, and by scrutinizing the ways in which current rights jurisprudence fails to attend fully to the ubiquity of racialized attitudes both in society at large and within the legal system itself.... |
1997 |
| Richard Klein |
Immigration Laws as Instruments of Discrimination: Legislation Designed to Limit Chinese Immigration into the United Kingdom |
7 Touro International Law Review Rev. 1 (Spring 1997) |
C1-2CONTENTS INTRODUCTION. 2 I. A COMPARATIVE PERSPECTIVE. 5 A. France: Legislation Relating to Immigration from the Former French Colonies. 6 B. Germany: Immigration, Citizenship and Naturalization of the Non-European Immigrant. 15 II. THE INTRODUCTION OF LEGISLATION TO RESTRICT IMMIGRATION TO GREAT BRITAIN. 17 A. The Treatment of the Chinese. 17... |
1997 |