| Author | Title | Citation | Summary | Year |
| Vinay Harpalani, J.D., Ph.D. |
CAN "ASIANS" TRULY BE AMERICANS? |
27 Washington and Lee Journal of Civil Rights and Social Justice 559 (Spring, 2021) |
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with... |
2021 |
| Mohar Ray |
Can I See Your Papers? Local Police Enforcement of Federal Immigration Law Post 9/11 and Asian American Permanent Foreignness |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 197 (Winter, 2005) |
If I see someone come in and he's got a diaper on his head and a fan belt around that diaper on his head, that guy needs to be pulled over and checked. U.S. Congressional Representative John Cooksey of Louisiana, Radio Announcement after September 11, 2001 In the aftermath of the September 11, 2001 terrorist attacks perpetuated by nineteen foreign... |
2005 |
| Daniel G. Orenstein , Stanton A. Glantz |
Cannabis Legalization in State Legislatures: Public Health Opportunity and Risk |
103 Marquette Law Review 1313 (Summer, 2020) |
Cannabis is widely used in the United States and internationally despite its illicit status, but that illicit status is changing. In the United States, thirty-three states and the District of Columbia have legalized medical cannabis, and eleven states and D.C. have legalized adult use cannabis. A majority of state medical cannabis laws and all but... |
2020 |
| Brian G. Slocum |
Canons, the Plenary Power Doctrine, and Immigration Law |
34 Florida State University Law Review 363 (Winter, 2007) |
There is a fundamental dichotomy in immigration law. On one hand, courts have consistently maintained that Congress has plenary power over immigration and reject most constitutional challenges on that basis. On the other hand, courts frequently use canons of statutory construction aggressively to help interpret immigration statutes in favor of... |
2007 |
| Shayak Sarkar |
CAPITAL CONTROLS AS MIGRANT CONTROLS |
109 California Law Review 799 (June, 2021) |
The disparate treatment of capital and labor reflects one of globalization's central asymmetries: the law often allows financial capital, but not people, to move freely across borders. Yet scholars have largely neglected the intersection of these two regimes, the legal restrictions on migrants' capital, particularly when the migrants themselves are... |
2021 |
| Laura Fernandez Feitl |
Caring for the Elderly Undocumented Workers in the United States: Discretionary Reality or Undeniable Duty? |
13 Elder Law Journal 227 (2005) |
Although contributing substantially to the economic growth of the United States, undocumented workers presently receive little return on their investment, as current immigration laws deprive them of the social benefits received by all other workers, namely social security benefits. In this note, Laura Fernandez Feitl examines the criteria which... |
2005 |
| Karen Korematsu |
Carrying on Korematsu: Reflections on My Father's Legacy |
9 California Law Review Online 95 (January, 2020) |
Five months before he passed away, my father, Fred Toyosaburo Korematsu, gave me a charge: continue his mission to educate the public and remind people of the dangers of history. At that time, I was running my commercial interior design firm. I was far from a public speaker, educator, and civil rights advocate. However, for the previous four years... |
2020 |
| Ilyce Shugall , Rebecca Desnoyers |
Case Note: Orozco V. Mukasey: When an Entry May Not Be an "Admission" and the Fundamental Problems with the Ninth Circuit's Analysis |
35 William Mitchell Law Review 68 (2008) |
I. Introduction. 69 II. Historical Background and Development. 74 A. A Brief Overview of the Immigration and Nationality Act. 74 B. Adjustment of Status Under INA section 245(a). 77 1. Background. 77 2. Current Provision. 80 C. The Term Admission . 81 1. Entry vs. Admission. 81 2. Multiple References in INA. 84 D. Waivers Authorized for Fraud and... |
2008 |
| Rusty Lookadoo |
CATCH-2022: HOW EUROPE'S DIVESTMENT OF ITS MARITIME MIGRATION OBLIGATIONS CONTINUES TO BURDEN THE SHIPPING INDUSTRY |
47 Tulane Maritime Law Journal 163 (Winter, 2023) |
I. Introduction. 163 II. Background. 168 A. Legal Obligations Under the International Treaty Schema. 168 B. Attempts to Escape SAR Obligations. 171 III. Existing Responses to the Refugee Crisis. 172 A. Europe's Response Burdens the Shipping Industry. 173 B. The Legality of the U.K.'s Legislative Response. 176 IV. Resolving the Government-Industry... |
2023 |
| Sheldon A. Evans |
Categorical Nonuniformity |
120 Columbia Law Review 1771 (November, 2020) |
The categorical approach, which is a method federal courts use to categorize which state law criminal convictions can trigger federal sanctions, is one of the most impactful yet misunderstood legal doctrines in criminal and immigration law. For thousands of criminal offenders, the categorical approach determines whether a previous state law... |
2020 |
| Chad G. Marzen , William Woodyard II |
Catholic Social Teaching, the Right to Immigrate, and the Right to Regulate Borders: a Proposed Solution for Comprehensive Immigration Reform Based upon Catholic Social Principles |
53 San Diego Law Review 781 (Fall, 2016) |
C1-2Table of Contents Introduction. 783 I. The Current Debate Concerning Immigration Reform. 793 A. Immigration to the U.S.--Statistical Trends and the Emerging Issues of Immigration to the U.S. 793 B. Background of Key Modern Immigration Laws. 794 1. The Immigration Reform and Control Act of 1986. 795 2. Illegal Immigration Reform and Immigrant... |
2016 |
| Brooke Rogers |
Cazorla V. Koch Foods of Mississippi, Llc: Where Discovery Issues Meet Current Immigration Policy |
50 Loyola University Chicago Law Journal 459 (Winter 2018) |
In 2016, the Fifth Circuit addressed whether a district court's finding that Rule 26 of the Federal Rules of Civil Procedure allowed discovery of U-visa information from individual plaintiffs. The court declined to impose an order of its own. Instead, it remanded the case to the district court to devise an approach to U-visa discovery that... |
2018 |
| Kara W. Swanson |
CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE |
25 Stanford Technology Law Review (2022) (Spring, 2022) |
This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... |
2022 |
| Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith |
CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR |
19 Annual Review of Law and Social Science 109 (2023) |
race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... |
2023 |
| 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 |
| 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 |
| Danielle Kalil |
CERTIFIED DISASTER: A FAILURE AT THE INTERSECTION OF THE U VISA AND THE CHILD WELFARE SYSTEM |
35 Georgetown Immigration Law Journal 513 (Winter, 2021) |
C1-3Table of Contents L1-2Introduction . L3514 I. U Nonimmigrant Status Offers Protection to Immigrant Victims of Crime. 518 A. Purpose and History of U Nonimmigrant Status. 521 B. How U Nonimmigrant Status Works. 523 C. The Helpfulness Requirement and Law Enforcement Certification. 526 D. Defining Certifying Agency. 529 E. Special Considerations... |
2021 |
| Eric Mogilnicki, B. Graves Lee, (https://businesslawtoday.org/author/eric-mogilnicki/), (https://businesslawtoday.org/author/bgraveslee/), Covington & Burling, LLP |
CFPB AND DOJ STATEMENT CAUTIONS AGAINST CONSIDERATION OF IMMIGRATION STATUS UNDER FAIR LENDING LAWS |
2023-OCT Business Law Today 51 (October, 2023) |
On October 12, the CFPB and Department of Justice issued (https://www.consumerfinance.gov/about-us/newsroom/cfpb-and-justice-department-issue-joint-statement-cautioning-that-financial-institutions-may-not-use-immigration-status-to-illegally-discriminate-against-credit-applicants/) a joint statement... |
2023 |
| Rose Cuison Villazor |
Chae Chan Ping V. United States: Immigration as Property |
68 Oklahoma Law Review 137 (Fall, 2015) |
There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... |
2015 |
| Adina B. Appelbaum |
Challenging Crimmigration: Applying Padilla Negotiation Strategies Outside the Criminal Courtroom |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 217 (Fall, 2014) |
Crimmigration, the nexus of criminal and immigration law, means that each year, hundreds of thousands of noncitizens are arrested for minor or nonviolent crimes, convicted in criminal court, placed in immigration court deportation proceedings, and deported. The U.S. government has criminalized immigrants at an increasing rate over time, and law... |
2014 |
| Ariana R. Levinson , Sonya Faber , Dana Strauss , Sophia Gran-Ruaz , Amy Bartlett , Maria Macaluso , Monnica T. Williams |
CHALLENGING JURORS' RACISM |
57 Gonzaga Law Review 365 (2021/2022) |
Despite overwhelming documentation of disproportionate arrest, prosecution, conviction, and incarceration of Black Americans and the many psychological tools available to assess racism and implicit bias, anti-racist jury selection remains an understudied area of research. An evidence-based, anti-racist jury selection process is an urgent need,... |
2022 |
| Veronica Nelly Velez |
Challenging Lies Latcrit Style: a Critical Race Reflection of an Ally to Latina/o Immigrant Parent Leaders |
4 FIU Law Review 119 (Fall, 2008) |
I was nervous as I looked over my notes, preparing to share some preliminary research about Rose Unified's current schooling dilemmas. As I tried to release some of the tension I felt, I realized that in many ways the information I was about to present, and the forum organized to share it that evening with teachers, school district officials, civic... |
2008 |
| Angélica Cházaro |
Challenging the "Criminal Alien" Paradigm |
63 UCLA Law Review 594 (March, 2016) |
Deportation of so-called criminal aliens has become the driving force in U.S. immigration enforcement. The Immigration Accountability Executive Actions of late 2014 provide the most recent example of this trend. Even for immigrants' rights advocates, conventional wisdom holds that if deportations must occur, criminal aliens should be the first... |
2016 |
| Donald S. Dobkin |
Challenging the Doctrine of Consular Nonreviewability in Immigration Cases |
24 Georgetown Immigration Law Journal 113 (Winter, 2010) |
It has happened to everyone who has ever practiced in the United States immigration field. Your client's petition is approved by the United States Citizen and Immigration Services (USCIS). After a long and arduous process, in most cases several years, your client finally arrives at the United States embassy in his home country for his interview on... |
2010 |
| Matthew C. Arentsen |
Chamber of Commerce V. Edmondson: Employment Authorization Laws, States' Rights, and Federal Preemption--an Informed Approach |
88 Denver University Law Review 375 (Spring, 2011) |
Few issues are as divisive in American politics as illegal immigration. The Republican and Democratic parties are engaged in a virtual stalemate on the issue, and many would argue that the federal government's comprehensive overhaul of immigration law--the Immigration Reform and Control Act of 1986 (IRCA)--has been largely ineffective at stemming... |
2011 |
| Laura E. Ploeg |
Chamber of Commerce V. Whiting: a Law Student's Freewheeling Inquiry |
58 Villanova Law Review: Tolle Lege 26 (2013) |
Illegal immigration is a phrase that elicits strong opinions from many people. Debate on the topic ranges from the blatantly racist to sympathy for the plight of immigrants, and less emotionally based arguments that fall in between. It is estimated that there are over ten million undocumented aliens in the United States. Most people agree that... |
2013 |
| Asli Ü Bâli |
Changes in Immigration Law and Practice after September 11: a Practitioner's Perspective |
2 Cardozo Public Law, Policy and Ethics Journal 161 (December 1, 2003) |
Although America is properly described as a nation of immigrants, periods of national crisis have revealed the vulnerability of immigrants' rights to hysteria and repression. When national security is threatened, this country has a blemished history of targeting immigrant communities. This is exemplified by the anti-Catholic animus of the... |
2003 |
| Adrienne R. Bellino |
Changing Immigration for Arabs with Anti-terrorism Legislation: September 11 Was Not the Catalyst |
16 Temple International and Comparative Law Journal 123 (Spring 2002) |
September 11, 2001 marked the largest terrorist attack to ever take place on U.S. soil. Terrorists, an amorphous group of people who are difficult to identify and retaliate against, perpetuated this attack. Retaliation appeared evident, however, in Congress' rush to legislate via the USA PATRIOT Act of 2001. This legislation was perceived as a... |
2002 |
| 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 |
| Aristide R. Zolberg |
Changing Sovereignty Games and International Migration |
2 Indiana Journal of Global Legal Studies 153 (Fall, 1994) |
In this article, Professor Zolberg argues that today's immigration issues should be analyzed within their historical bases. He follows the formation of the modern State, with particular focus on the legal and political meaning of sovereignty as understood in pre-colonial times down to the World War II period. He next identifies several late... |
1994 |
| |
Chapter Three Policing Immigrant Communities |
128 Harvard Law Review 1771 (April, 2015) |
José Antonio Elena Rodriguez was sixteen in October 2012 when a border patrol officer shot him repeatedly in the back and head. The officer--officials did not release his name for more than two years after the killing -- claimed José had thrown rocks at him from the Mexican side of the border. Prosecutors brought no charges. Anastasio Hernandez... |
2015 |
| Shani M. King |
Child Migrants and America's Evolving Immigration Mission |
32 Harvard Human Rights Journal 59 (Spring, 2019) |
This Article explores the many challenges--legal and otherwise--that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of... |
2019 |
| Berta Hernández-Truyol , Justin Luna |
Children and Immigration: International, Local, and Social Responsibilities |
15 Boston University Public Interest Law Journal 297 (Spring, 2006) |
This essay focuses on the human rights of immigrant children, regardless of the legality of their presence within U.S. borders, especially with respect to health, education, and welfare. In that context, the work explores, as the title suggests, the international, local, and social/cultural normative standards that structure the... |
2006 |
| Kim Hai Pearson |
CHILDREN ARE HUMAN |
8 Texas A&M Law Review 495 (Spring, 2021) |
There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (CRC). The mystery of the United States's ultimate reluctance to ratify the CRC, despite the nation's central role in the drafting process, has been... |
2021 |
| Sarah L. Hamilton-Jiang |
Children of a Lesser God: Reconceptualizing Race in Immigration Law |
15 Northwestern Journal of Law & Social Policy 38 (Fall, 2019) |
The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation's pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic... |
2019 |
| Robert J. Shulman |
Children of a Lesser God: Should the Fourteenth Amendment Be Altered or Repealed to Deny Automatic Citizenship Rights and Privileges to American Born Children of Illegal Aliens? |
22 Pepperdine Law Review 669 (1995) |
Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Welcome to California, Now Go Home! The United States is a nation of immigrants. It has welcomed far more people into its borders than any other country in the world. In fact, the United States has absorbed more immigrants than the rest of the world combined.... |
1995 |
| Nancy E. Dowd |
Children's Equality Rights: Every Child's Right to Develop to Their Full Capacity |
41 Cardozo Law Review 1367 (April, 2020) |
Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state,... |
2020 |
| Judy Tzu-Chun Wu , Ji Li |
CHINESE IMMIGRANT LEGAL MOBILIZATION IN THE UNITED STATES: THE 2020 EXECUTIVE BAN ON WECHAT AND CIVIL RIGHTS IN A DIGITAL AGE |
30 Asian American Law Journal 51 (2023) |
On August 6, 2020, then U.S. President Donald Trump issued an executive order banning WeChat, the most popular social messaging app in China and the fifth most popular in the world. The President evoked national security as the justification for the ban. In the context of the COVID-19 pandemic and rising U.S.-China tensions, the public perceived... |
2023 |
| Shanzeh Daudi |
Choosing Between Healthcare and a Green Card: the Cost of Public Charge |
70 Emory Law Journal 201 (2020) |
Public charge policy has been part of the nation's infrastructure since its colonial beginnings. The policy originated as a barrier to protect taxpayers from individuals who posed a risk of becoming a charge on society, relying on public aid and governmental support. Congress last addressed the public charge statute in 1952 in the Immigration and... |
2020 |
| Victor C. Romero |
Christian Realism and Immigration Reform |
7 University of Saint Thomas Law Journal 310 (Winter 2010) |
Drawing upon President Barack Obama's admiration of Reinhold Niebuhr's work, this essay outlines a Protestant, Christian realist approach toward immigration policy, with specific focus on the role of the executive in providing providential leadership. Embracing realism in its political, moral, and theological dimensions, Christian realism offers a... |
2010 |
| Dina Gusejnova, London School of Economics |
CHRISTOPHER CASEY, NATIONALS ABROAD: GLOBALIZATION, INDIVIDUAL RIGHTS, AND THE MAKING OF MODERN INTERNATIONAL LAW, CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2020. PP. 316. $39.99 CLOTH (ISBN 9781108784047). NIMISHA BARTON, REPRODUCTIVE CITIZENS: GENDER, IMMI |
39 Law and History Review 401 (May, 2021) |
These two books constitute an important shift in the historiography of modern citizenship. Christopher Casey looks at the arbitration of individual, group, and corporate claims to protection under international law from the mid-nineteenth to the twenty-first century, whereas Nimisha Barton examines the history of naturalization and citizen rights... |
2021 |
| Stephen Lee |
Citizen Standing and Immigration Reform: Commentary and Criticisms |
93 California Law Review 1479 (October, 2005) |
Mary Douglas explains that dirt is simply matter out of place. This relative concept orders and classifies by rejecting inappropriate elements : strands of hair are not inherently dirty, but when left surreptitiously on the dining room table, they normatively transform into something threatening. The knee-jerk reaction is to purify the sullied... |
2005 |
| Sophie Robin-Olivier |
Citizens and Noncitizens in Europe: European Union Measures Against Terrorism after September 11 |
25 Boston College Third World Law Journal 197 (Winter, 2005) |
Abstract: In the European Union, new anti-terror measures have had an impact on the lives of noncitizens, immigrants, and asylum-seekers. This Essay outlines the rights guaranteed to both citizens and noncitizens under the European Convention on Human Rights and the EU treaties and evaluates how these rights have limited harsh treatment of... |
2005 |
| 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 |
| 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 |
| Erin Aeran Chung , Daisy Kim |
Citizenship and Marriage in a Globalizing World: Multicultural Families and Monocultural Nationality Laws in Korea and Japan |
19 Indiana Journal of Global Legal Studies 195 (Winter, 2012) |
This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case,... |
2012 |
| Emily Ryo , Reed Humphrey |
CITIZENSHIP DISPARITIES |
107 Minnesota Law Review 1 (November, 2022) |
Introduction. 2 I. Naturalization: Past and Present. 9 A. Substantive Requirements for Naturalization. 10 B. Adjudication Process. 11 C. Overview of Denials and Delays. 14 D. Naturalization Adjudication as Boundary Policing. 18 II. The Current Study. 20 A. Data. 20 B. Coding and Analytical Approach. 22 III. Study Findings. 26 A. Approval Rate. 28... |
2022 |
| Emily R. Chertoff |
CITIZENSHIP FEDERALISM |
81 Maryland Law Review 503 (2022) |
Immigration federalism has attracted overwhelming attention from scholars and advocates in recent years. Despite this, the scholarship has not fully explored the outer limits of states' power to regulate noncitizens. This Article attempts to provide one account of these outer limits. To do so, it uses as a case study an important group of... |
2022 |
| Rose Cuison Villazor |
Citizenship for the Guest Workers of the Commonwealth of the Northern Mariana Islands |
90 Chicago-Kent Law Review 525 (2015) |
Much of the opposition to the passage of comprehensive immigration reform centers on provisions that would have provided undocumented immigrants with a path to citizenship. Senate Bill 744 (S. 744), the bipartisan bill that passed the U.S. Senate in June 2013, for example, included a provision that would have enabled millions of eligible... |
2015 |