AuthorTitleCitationSummaryYear
Howard F. Chang Immigration Policy, Liberal Principles, and the Republican Tradition 85 Georgetown Law Journal 2105 (July, 1997) In Democracy's Discontent, Michael Sandel advances two primary theses: one is descriptive, the other is normative. First, Sandel claims that as a descriptive matter, the United States is a procedural republic, in which [t]he political philosophy by which we live is a certain version of liberal political theory. Second, he urges as a normative... 1997
Lamar Smith , Edward R. Grant Immigration Reform: Seeking the Right Reasons 28 Saint Mary's Law Journal 883 (1997) I. Introduction. 883 II. Six Principles for Guiding Immigration Reform. 893 A. The Human Face of Immigration. 893 B. Setting Immigration Policy in the National Interest. 899 C. Ending the Bifurcated Treatment of Legal Immigration and Illegal Migration. 906 D. Enforcing the Law Against Illegal Immigration: A Fresh Start. 913 E. Removing the... 1997
Lisa C. Ikemoto In Sisterhood 2 Michigan Journal of Race and Law 513 (Spring 1997) I am writing this review from Los Angeles, California, during the new years of infamy. In 1994, the majority of California voters in the November elections said yes to anti-immigrant Proposition 187 and yes to the racist crime bill known as three strikes. In November, 1996, the majority of California voters again voted yes, this time for... 1997
Linda E. Carter Intermediate Scrutiny under Fire: Will Plyler Survive State Legislation to Exclude Undocumented Children from School? 31 University of San Francisco Law Review 345 (Winter 1997) Proposition 187 . . . aims to deter future illegal immigration for free education. . . . Current federal law . . . holds that illegal aliens are entitled to free public education. Proposition 187 . . . provides the Court with an opportunity . . . to modify or overturn Plyler . . . . [Proponents of Proposition 187] acknowledged their real goal:... 1997
Martin Arms Judicial Deportation under 18 Usc S 3583(d): a Partial Solution to Immigration Woes? 64 University of Chicago Law Review 653 (Spring 1997) (T)he Federal Government must make sure that dangerous aliens are not on the streets, not allowed to commit new crimes, and not caught in a lengthy deportation process. A United States Senator The INS (Immigration and Naturalization Service) is completely like a Soviet bureaucracy. . . . Every sign starts with the word no: No smoking. No... 1997
David Christensen Leaving the Back Door Open: Italy's Response to Illegal Immigration 11 Georgetown Immigration Law Journal 461 (Spring, 1997) In recent years, the prosperous nations of Western Europe have experienced record levels of migration pressure, as immigrants and refugees from North Africa, Eastern Europe and other impoverished regions of the world have arrived in ever-increasing numbers seeking stability and economic opportunity. To control this inflow, Western European... 1997
Howard F. Chang Liberalized Immigration as Free Trade: Economic Welfare and the Optimal Immigration Policy 145 University of Pennsylvania Law Review 1147 (May, 1997) Introduction. 1148 I. National Economic Welfare. 1157 A. Effects of Immigration Through the Labor Market. 1158 B. External Effects of Immigration. 1163 C. The Optimal Tariff on Unskilled Immigrants. 1166 D. The Optimal Tariff on Skilled Immigrants. 1168 E. Immigration of Nuclear Families. 1172 F. Future Generations. 1172 G. Avoiding External Costs.... 1997
Judy C. Wong Most RelevantEgregious Fourth Amendment Violations and the Use of the Exclusionary Rule in Deportation Hearings: the Need for Substantive Equal Protection Rights for Undocumented Immigrants 28 Columbia Human Rights Law Review 431 (Winter 1997) In United States v. Weeks, the Supreme Court established the principle that evidence obtained in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures would be excluded from a criminal proceeding against a defendant. Since the Weeks decision, the Court has alternatively justified the exclusionary rule on the... 1997
Kunal M. Parker Official Imaginations: Globalization, Difference, and State-sponsored Immigration Discourses 76 Oregon Law Review 691 (Fall 1997) Any attempt to situate the immigrant in the inter/national imagination, as the title of this symposium bids us do, must engage two extremely influential academic discourses. I will designate them as (1) the discourse of globalization as a cultural phenomenon and (2) the discourse of difference. Certain strains within these discourses deploy to... 1997
Kevin R. Johnson Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? 76 Oregon Law Review 347 (Summer 1997) A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996... 1997
Barbara Macgrady Resort to International Human Rights Law in Challenging Conditions in U.s. Immigration Detention Centers 23 Brooklyn Journal of International Law 271 (1997) Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. . . . Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds. Those words, written by the late... 1997
Kevin R. Johnson The Antiterrorism Act, the Immigration Reform Act, and Ideological Regulation in the Immigration Laws: Important Lessons for Citizens and Noncitizens 28 Saint Mary's Law Journal 833 (1997) I. Introduction. 834 II. A History of Exclusion and Deportation of Political Undesirables. 841 A. The Haymarket Riots. 844 B. The Wobblies and the Palmer Raids. 846 C. The Communist Threat'. 850 1. Some Chilling Tales. 850 2. The War Against Harry Bridges. 857 D. Modern Efforts to Monitor Political Ideology. 860 1. The 1990 Act: Limits on and... 1997
Victor C. Romero The Congruence Principle Applied: Rethinking Equal Protection Review of Federal Alienage Classifications after Adarand Constructors, Inc. V. Peña 76 Oregon Law Review 425 (Summer 1997) Founded on the ideal of equality under the law for all people, the United States has long prided itself as a nation of immigrants. From the welcoming words of Lady Liberty to the metaphor of the melting pot, America's history is replete with images of an inclusive society dedicated to the proposition that all parties to its social contract are... 1997
Tanya Katerí Hernández The Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws 76 Oregon Law Review 731 (Fall 1997) In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States' immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the... 1997
Shelese Emmons The Debre Bill: Immigration Legislation or a National "Front"? 5 Indiana Journal of Global Legal Studies 357 (Fall 1997) France has absorbed more immigrants than any other European country. Even today, forty percent of all French people have at least one foreign grandparent. The number of foreigners migrating to France declined by forty percent between 1992 and 1995 and the proportion of immigrants in the French population has remained the same for the past twenty... 1997
Joan Fitzpatrick The Gender Dimension of U.s. Immigration Policy 9 Yale Journal of Law & Feminism 23 (1997) I. Introduction. 23 II. Gender-Blind Immigration Policy-The U.S. Experience. 27 A. Gender Impact of the 1986 Amnesty Programs. 27 B. The 1986 Immigration Marriage Fraud Amendments. 31 C. Limits on Immigration by Household Workers. 34 D. Disqualification of Lawful Immigrants From Eligibility for Public Benefits. 37 III. Forced Migration of Women... 1997
Enid Trucios-Gaynes The Legacy of Racially Restrictive Immigration Laws and Policies and the Construction of the American National Identity 76 Oregon Law Review 369 (Summer 1997) the ongoing struggle of defining what it means to be American has infected public policy and political debates in a manner that almost defies characterization. The rhetoric about the threats to the American way of life posed by noncitizens is linked to immigration policy because of a heightened awareness of the increased presence of noncitizens... 1997
Barbara A. Arnold The New Leviathan: Can the Immigrant Responsibility Act of 1996 Really Transfer Federal Power over Public Benefits to State Governments? 21 Maryland Journal of International Law and Trade 225 (Fall 1997) Americans have mythologized the United States as a nation of immigrants. Nonetheless, waves of nativism have periodically washed over the American ethos. The fundamental tension between these two philosophies has given our nation a sense of irony even in immigration's heyday, the turn of the 20th century. At that time, Emma Lazarus' famous poem,... 1997
Jay T. Jorgensen The Practical Power of State and Local Governments to Enforce Federal Immigration Laws 1997 Brigham Young University Law Review 899 (1997) In recent years, political debate over illegal immigration has taken on a decidedly local flavor. State and local governments increasingly complain that the federally controlled immigration system is failing and that the burdens created by that failure are borne at the local level. Rather than accepting those burdens, state and local governments... 1997
Steven M. Dawson The Promise of Opportunity-and Very Little More: an Analysis of the New Welfare Law's Denial of Federal Public Benefits to Most Legal Immigrants 41 Saint Louis University Law Journal 1053 (Summer, 1997) Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 makes several major changes to the structure of the welfare system as it applies to legal immigrants. Under prior law, legal immigrants were, with some exceptions, eligible for most federal public benefits. Among the changes made by the Act is the unprecedented... 1997
Francisco Valdes Under Construction: Latcrit Consciousness, Community, and Theory 85 California Law Review 1087 (October, 1997) C1-3Table of Contents Introduction. 1089 I. Race, Ethnicity & Nationhood: Latina/o Position and Identity in Law and Society. 1096 A. The Utility of LatCrit Narratives. 1097 B. Beyond the Black/White Paradigm. 1103 II. Policy, Politics & Praxis: Latinas/os Under the Rule of Anglo-American Law. 1111 A. Equality in Law and Life. 1111 B. Immigration,... 1997
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
Kenzo S. Kawanabe American Anti-immigrant Rhetoric Against Asian Pacific Immigrants: the Present Repeats the past 10 Georgtown Immigration Law Journal 681 (Summer, 1996) These words signify the ideal on which America, the nation of immigrants, was built. Whether in 1820 or 1996, through Ellis Island or Angel Island, the American immigrant, inspired by the hopes and dreams of a better life, has brought human capital to this nation. With the exception of Native Americans and indigenous Hawaiian Americans, most... 1996
Michael Scaperlanda Are We That Far Gone?: Due Process and Secret Deportation Proceedings 7 Stanford Law and Policy Review 23 (Summer, 1996) The Oklahoma City and World Trade Center bombings, coupled with a resurgent anti-immigration sentiment, have led to renewed debate concerning the removal of undesirable aliens from the United States. The Comprehensive Terrorism Prevention Act of 1995 (Terrorism Bill), contains provisions for partially secret ex parte deportation hearings and... 1996
Karin Wang Battered Asian American Women: Community Responses from the Battered Women's Movement and the Asian American Community 3 Asian Law Journal 151 (May, 1996) The anti-domestic violence movement has made significant progress in the past twenty years. However, these gains largely have not been realized by Asian American women. The author argues that for Asian American women, domestic violence is complicated by factors such as language barriers, immigrant status, cultural differences, and racial... 1996
Sarah V. Wayland Citizenship and Incorporation: How Nation-states Respond to the Challenges of Migration 20-FALL Fletcher Forum of World Affairs 35 (Summer/Fall, 1996) Transnational migration to industrialized democracies poses serious challenges to countries of settlement as well as to the very essence of the nation-state. Immigration means that states have become home to substantial numbers of noncitizens. Until they acquire citizenshipand most of them never domigrants are not full members of the societies in... 1996
Annie M. Chan Community and the Constitution: a Reassessment of the Roots of Immigration Law 21 Vermont Law Review 491 (Winter, 1996) The original Constitution, with two minor exceptions, confers protection in terms of personhood, not citizenship. Yet, since the late nineteenth century, under immigration theory, as shaped and applied by case law, aliens have been regarded as constitutional outsiders. Under a legal entry fiction, aliens, regardless of physical presence within... 1996
Stephen H. Legomsky E Pluribus Unum: Immigration, Race, and Other Deep Divides 21 Southern Illinois University Law Journal 101 (Fall, 1996) On every United States coin there are engraved the Latin words e pluribus unum. This phrase means out of many, one. Throughout our history we have used it proudly, at the very least to state a normative aspiration, and sometimes to describe the kind of society we think we have actually achieved. But e pluribus unum actually means two very... 1996
Kristen M. Schuler Equal Protection and the Undocumented Immigrant: California's Proposition 187 16 Boston College Third World Law Journal 275 (Spring, 1996) Who among us is aboriginal? Indeed those who are aboriginal, the ones we call Native Americans, are the only ones we treat as badly as we treat new immigrants. Proposition 187, the recently passed California ballot initiative which seeks to deny all social services except emergency medical care to undocumented immigrants, has caused significant... 1996
Kevin R. Johnson Fear of an "Alien Nation": Race, Immigration, and Immigrants 7 Stanford Law and Policy Review 111 (Summer, 1996) At various times in U.S. history, immigrants have served as a lightening rod for society's frustrations. Partisan politics at times have contributed to their vilification. For example, the political strength that immigrants added to the burgeoning Republican Party in the 1790s contributed to the Federalist Congress' passage of the now infamous... 1996
Amanda Masters Is Procedural Due Process in a Remote Processing Center a Contradiction in Terms? Gandarillas-zambrana V. Board of Immigration Appeals 57 Ohio State Law Journal 999 (1996) Oakdale, Louisiana is a small town of 6,837 people. The Immigration and Naturalization Service (INS) Federal Detention Center in Oakdale holds one thousand immigrants, and the Oakdale Federal Corrections Institution holds three hundred immigrants. These immigrants are in Oakdale because aliens, even legal permanent resident aliens, who are... 1996
Nina Wang Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law. Lucy E. Salyer 31 Harvard Civil Rights-Civil Liberties Law Review 587 (Summer, 1996) Reputed to be a cultural melting pot and a nation of equality, the United States attracted more than 18.2 million voluntary immigrants during the Progressive Era, which spanned from 1890 to 1920. At the turn of the century, the United States symbolized economic opportunity and personal liberty for people seeking a better life. For many Chinese... 1996
Linda S. Bosniak Opposing Prop. 187: Undocumented Immigrants and the National Imagination 28 Connecticut Law Review 555 (Spring, 1996) Political imagination is, almost always, national imagination. Among the many bruising battles engendered by the recent immigration wars in this country, the battle over California's Proposition 187 has touched an exceptionally deep nerve. Approved by the state's voters in 1994, this anti-illegal alien initiative willif the courts uphold... 1996
Michael Scaperlanda Partial Membership: Aliens and the Constitutional Community 81 Iowa Law Review 707 (March 1, 1996) In the midst of one of the largest waves of legal immigration in our nation's history, a strong anti-immigrant undertow threatens to pull us from our constitutional commitment to equality and from our national mythology of open arms and golden doors. The debates concerning noncitizens in the public square of the 1990s provide a good occasion and... 1996
Kevin R. Johnson Racial Restrictions on Naturalization: the Recurring Intersection of Race and Gender in Immigration and Citizenship Law 11 Berkeley Women's Law Journal 142 (1996) Critical race theory reflects the perception that conventional legal scholarship fails to satisfactorily address the complexities of race and the law in the United States. Similarly, the ascent of feminist theory stems in large part from lingering gender discrimination in this country. Until a number of minority women recently began studying the... 1996
John Hayakawa Torok Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws 3 Asian Law Journal 55 (May, 1996) The Reconstruction amendments and civil rights law historically have been viewed in the context of African American emancipation, naturalization, and enfranchisement. However, Chinese immigrants' presence and the racial nativism they engendered in the white polity influenced the debates surrounding that legislation and the attendant Supreme Court... 1996
Karen K. Narasaki Testimony on the Immigration Reform Act of 1995 Before the Subcommittee on Immigration, U.s. Senate Judiciary Committee 10 Georgetown Immigration Law Journal 77 (March, 1996) The area of immigration policy is particularly important to the National Asian Pacific American Legal Consortium because of the large percentage of recent immigrants in the Asian Pacific American community and the long history of racially discriminatory treatment of Asians and Pacific Islanders by our country's immigration laws. The Consortium... 1996
Gabriel J. Chin The Civil Rights Revolution Comes to Immigration Law: a New Look at the Immigration and Nationality Act of 1965 75 North Carolina Law Review 273 (November, 1996) In this historical analysis of the Immigration and Nationality Act Amendments of 1965, Professor Chin argues that Congress eased restrictions on Asian immigration into the United States in an effort to equalize immigration opportunities for groups who had been the victims of discriminatory immigration laws in the past. In Part I of the Article, he... 1996
John F. Stanton The Immigration Laws from a Disability Perspective: Where We Were, Where We Are, Where We Should Be 10 Georgetown Immigration Law Journal 441 (Spring, 1996) On the afternoon of October 6, 1994, two individuals who personify the American image stood prominently on the steps of the U.S. Capitol building while members of the press eagerly sought to capture the moment on film. The centers of attention on that day were Senate Majority Leader Robert Dole and recently-crowned Miss America Heather Whitestone.... 1996
Frank H. Wu The Limits of Borders: a Moderate Proposal for Immigration Reform 7 Stanford Law and Policy Review 35 (Summer, 1996) From Franz Kafka, Before the Law: Before the Law stands a door-keeper. To this doorkeeper there comes a man from the country and prays for admittance to the Law. But the doorkeeper says that he cannot grant admittance at the moment The doorkeeper gives him a stool and lets him sit down at one side of the door. There he sits for days and years.... 1996
Paula C. Johnson The Social Construction of Identity in Criminal Cases: Cinema Verite and the Pedagogy of Vincent Chin 1 Michigan Journal of Race and Law 347 (Summer 1996) INTRODUCTION. 348 I. The Enigma of Race. 355 A. Theories of Racial Identity. 355 1. Biological Race. 355 2. Socially Constructed Race. 358 B. Constructions of Asian Americans. 359 1. Historical Constructions of Asian Identities. 359 a. Constructions of Early Chinese Immigrants. 362 b. Constructions of Early Japanese Immigrants. 371 c. Chinese and... 1996
Mary Sarah Bilder The Struggle over Immigration: Indentured Servants, Slaves, and Articles of Commerce 61 Missouri Law Review 743 (Fall 1996) A long time ago, but not too long ago, Ships came from across the sea Bringing Pilgrims and prayer-makers, Adventurers and booty seekers, Free men and indentured servants, Slave men and slave masters, all new-- To a new world, America! --Langston Hughes C1-3Table of Contents I. Introduction. 745 II. Immigrants as Indentured Servants. 751 III.... 1996
Philip Brashier The United States Struggles with past Judicial Interpretations in Defining the Modern Law of Immigration 37 South Texas Law Review 1357 (October, 1996) I. Introduction. 1357 II. Historical Development of the Law of Immigration. 1361 III. International Efforts to Assist Post-World War II Refugees and Final Adoption of United States Domestic Legislation Defining the Modern Law of Immigration. 1364 A. International Laws Affecting Development of United States Immigration Laws. 1364 B. United States... 1996
Gregg Van De Mark Too Much of a Good Thing: Immigration, Plyler V. Doe, and American Hubris 35 Washburn Law Journal 469 (Summer 1996) I. Introduction. 469 II. History of American Immigration Policy Before 1965. 471 A. American Immigration Before 1920. 472 B. Immigration Policy After 1920. 473 C. How Pausing Immigration Accelerates Assimilative Compromises. 474 D. The 1952 Immigration Act. 476 III. Modern American Immigration Policy. 478 A. The 1965 Immigration Act. 478 B. Recent... 1996
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
Karen McBeth Chopra A Forgotten Minority an American Perspective: Historical and Current Discrimination Against Asians from the Indian Subcontinent 1995 Detroit College of Law at Michigan State University Law Review 1269 (Winter, 1995) INTRODUCTION. 1270 I HISTORICAL BACKGROUND. 1274 A. The First Wave. 1274 1. Anti-Immigration Pressures. 1278 2. The Indian Component in the Anti-Immigration Fervor. 1278 B. Establishing a Community. 1280 C. The Exclusion Acts. 1281 D. The Citizenship Color Bar and Denaturalization. 1285 1. What is White?. 1286 2. Effect on American Wives. 1287 E.... 1995
Kathryn M. Bockley A Historical Overview of Refugee Legislation: the Deception of Foreign Policy in the Land of Promise 21 North Carolina Journal of International Law and Commercial Regulation 253 (Fall 1995) I. Introduction. 254 II. The Origins of Refugee Law: 1790-1940. 256 A. Federal Control of Immigration. 256 B. The Refugee Crisis in Europe. 260 C. The U.S. Response. 260 III. The Development of U.S. Refugee Legislation: 1948-1957. 262 A. The Displaced Persons Act of 1948. 262 B. The McCarran-Walter Act of 1952. 264 C. Refugee Relief Act of 1953.... 1995
James F. Smith A Nation That Welcomes Immigrants? An Historical Examination of United States Immigration Policy 1 U.C. Davis Journal of International Law and Policy 227 (Spring 1995) INTRODUCTION. 228 I. THE HISTORY OF UNITED STATES IMMIGRATION AND NATURALIZATION LEGISLATION. 228 A. Selective Admissions. 229 B. National Origin Quotas (1921-1965). 232 C. The Elimination of the Quota System and Illegalization of the Mexican Worker (1952, 1965-1976). 233 D. The Immigration Act of 1965. 233 E. Immigration Legislation (1970-76). 235... 1995
Luis Angel Toro A People Distinct from Others: Race and Identity in Federal Indian Law and the Hispanic Classification in Omb Directive No. 15 26 Texas Tech Law Review 1219 (1995) I. INTRODUCTION. 1219 II. DEFINITIONS OF TERMS. 1223 III. BIOLOGICAL RACE, DIRECTIVE NO. 15, AND THE IMMIGRANT ANALOGY. 1225 IV. RACE AND IDENTITY IN U.S. LAW AND INDIGENOUS TRADITION. 1230 V. RACE AND IDENTITY IN CONTEMPORARY JURISPRUDENCE. 1238 VI. DIRECTIVE NO. 15 AND THE SOCIAL CONSTRUCTION OF RACE. 1243 VII. CHICANOS AS A RACIALIZED MINORITY... 1995
Kevin R. Johnson An Essay on Immigration Politics, Popular Democracy, and California's Proposition 187: the Political Relevance and Legal Irrelevance of Race 70 Washington Law Review 629 (July, 1995) In elegantly referring to government of the people, by the people, and for the people, Abraham Lincoln famously tapped into the nation's enthusiasm for democracy. From the founding of this nation, however, the potential excesses of democracy also have generated considerable concern. In an attempt to avoid such excesses, the Constitution moderates... 1995
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