| Author | Title | Citation | Summary | Year |
| Bill Ong Hing |
Entering the Trump Ice Age: Contextualizing the New Immigration Enforcement Regime |
5 Texas A&M Law Review 253 (Winter, 2018) |
During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the deporter-in-chief? Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries,... |
2018 |
| Marta Vides Saade |
Entertaining Angels Con Pasión |
83 University of Detroit Mercy Law Review 901 (Summer 2006) |
This Symposium considers the relationship between immigration law and religious values as relevant. As a Roman Catholic ethicist, whose religious values are influenced by the indigenous traditions of the south, the question of how questions of borders and migration are treated in society has a poignant historical significance. As a lawyer, I... |
2006 |
| Peter L. Reich |
Environmental Metaphor in the Alien Benefits Debate |
42 UCLA Law Review 1577 (August 1, 1995) |
Introduction 1577 I. Environmental Analogies in Immigration Politics 1579 II. The Demise of Equilibrium in Ecological Science 1584 III. Contextual Arguments in Alien Benefits Jurisprudence 1588 Conclusion 1594 |
1995 |
| Beenish Riaz |
ENVISIONING COMMUNITY PARALEGALS IN THE UNITED STATES: BEGINNING TO FIX THE BROKEN IMMIGRATION SYSTEM |
45 New York University Review of Law and Social Change 82 (2021) |
For decades, immigrants have been unable to access justice in the United States. The country has consistently failed to meet its international and domestic due process obligations. Given that universal representation for all immigrants is impractical, this Article posits a new strategy. It calls for legal empowerment, and in particular, the... |
2021 |
| Antonio M. Coronado |
ENVISIONING REPARATIVE LEGAL PEDAGOGIES |
30 Clinical Law Review 65 (Fall, 2023) |
As numerous reports, student movements, and forms of scholarship-activism have noted, the traditional U.S. law school classroom remains a space of hierarchy, privilege, and unnamed systems of power. Particularly for students holding historically marginalized and minoritized identities, legal education remains both a remnant of and conduit for... |
2023 |
| Jessica Mitten, Leanne Aban, Lilia Abecassis, Gabriela Garcia-Bou, Carter Man, Jessica Pacwa, Talia Plofsky, Tate Schneider, Katie Wiese, Shelby Young, Yiruo Zhang |
EQUAL PROTECTION |
23 Georgetown Journal of Gender and the Law 267 (Annual Review 2022) |
I. Introduction. 268 II. Overview. 269 A. Similarly Situated Requirement. 270 B. Standards of Review. 270 1. Strict Scrutiny. 271 a. Suspect Classifications. 271 b. Fundamental Rights. 273 2. Intermediate Scrutiny. 274 3. Rational Basis Review. 275 4. Alternative Formulations. 277 III. Sex-Based Classifications. 278 A. Federal Constitutional... |
2022 |
| 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 |
| Jenny-Brooke Condon |
Equal Protection Exceptionalism |
69 Rutgers University Law Review 563 (Winter, 2017) |
Equal protection doctrine addressed to immigrants' rights is thoroughly exceptional. It is an amalgam of super-deference, suspect class treatment, and even intermediate scrutiny, depending upon whether immigrants are present in the United States lawfully or not, and whether a state or federal classification is at issue. No other area of equal... |
2017 |
| Michelle Adams, Derek W. Black |
Equality of Opportunity and the Schoolhouse Gate, the Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind by Justin Driver Penguin Random House, 2018 |
128 Yale Law Journal 2302 (June, 2019) |
Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that... |
2019 |
| Aziz Z. Huq |
Equality's Understudies |
118 Michigan Law Review 1027 (April, 2020) |
Practical Equality: Forging Justice in a Divided Nation. By Robert L. Tsai. New York: W.W. Norton & Company, Inc. 2019. Pp. 276. $27.95. Our Republic these days is riven by divides about what equality demands of us as private and public actors. Consider just a few recent examples: Harvard University is challenged in federal court for preferring... |
2020 |
| Alia Al-Khatib, Jayesh Rathod |
Equity in Contemporary Immigration Enforcement: Defining Contributions and Countering Criminalization |
66 University of Kansas Law Review 951 (July, 2018) |
During the 2016 Presidential election cycle, immigration policy emerged as a key campaign issue, with then-candidate Donald Trump promising a slate of restrictionist measures, including more aggressive immigration enforcement, curtailment of refugee admissions, and the construction of a wall along the U.S.-Mexico border. President Trump also... |
2018 |
| Naomi Doraisamy |
Erasing Presence Through Reasonable Suspicion: Terry and its Progeny as a Vehicle for State Immigration Enforcement |
54 Idaho Law Review 409 (2018) |
This Article examines the long shadow cast on local policing by Terry v. Ohio, tracing the impact of Terry's progeny on state legislative campaigns focused on immigration enforcement. The policing tools afforded by Terry's progeny have an unmistakable presence-deterring effect on communities of color--so painfully illustrated in New York City... |
2018 |
| Gracen Eiland |
ERASING RACE: THE ROLE OF REPUBLICANISM AND RACISM IN FRENCH CONSTITUTIONAL JURISPRUDENCE |
35 Temple International and Comparative Law Journal 167 (Summer, 2021) |
In the summer of 2018, France's parliament voted to remove the word race from the country's constitution in an effort to pursue its colorblind approach to combatting racism. Traditional French secularism stresses the non-existence of race, but by refusing to acknowledge race, France also refuses to acknowledge the reality of racism within its... |
2021 |
| Sherley E. Cruz |
ESSENTIALLY UNPROTECTED |
96 Tulane Law Review 637 (April, 2022) |
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. --Dr. Martin Luther King, Jr. Since the start of the COVID-19 pandemic, the American public has relied on essential low-wage workers to provide... |
2022 |
| Luz E. Herrera, Taylor Garner, Crystal Hernandez, Lisa Mares |
ESTABLISHING A CONDITIONAL DRIVER PERMIT IN TEXAS |
24 Scholar: St. Mary's Law Review on Race and Social Justice 385 (2023) |
Introduction. 386 I. Part One: Responding to the Needs of the State's Population. 388 A. Who Benefits from Conditional Driver Permits?. 389 B. Public Safety. 390 C. Specific Texan Population. 392 1. Victims of Natural Disaster. 392 2. Texas Experiencing Homelessness. 403 3. Family Violence Victims. 408 4. Immigrant Families. 412 II. Part Two: State... |
2023 |
| Bill Ong Hing |
Ethics, Morality, and Disruption of U.s. Immigration Laws |
63 University of Kansas Law Review 981 (May, 2015) |
Immigrants and immigrant rights advocates knew we were in trouble when a Ku Klux Klan knight called for shooting unaccompanied children (UACs) arriving at the border and the Obama administration expedited removal proceedings of UACs and children arriving at the border with other family members. Indeed, the Loyal White Knights of the Klan advocate... |
2015 |
| Lan Cao |
ETHNIC ECONOMIES, CULTURAL RESOURCES, AND THE AFRICAN AMERICAN QUESTION |
91 University of Cincinnati Law Review 303 (2022) |
Ethnic economies are complex. Scholars have debated their many facets, starting with basic questions like how and why they are formed to the thornier philosophical issues surrounding their establishment and functioning. At its core, ethnic economies depend on the creation of an in-group, which conversely, means drawing a line that distinguishes... |
2022 |
| Felix B. Chang |
ETHNICALLY SEGMENTED MARKETS: KOREAN-OWNED BLACK HAIR STORES |
97 Indiana Law Journal 479 (Winter, 2022) |
Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American... |
2022 |
| Anna Welch, Emily Gorrivan |
ETHNO-NATIONALISM AND ASYLUM LAW |
74 Maine Law Review 187 (2022) |
Abstract Introduction I. The Ethno-Nationalist Roots of the United States Asylum System A. Pre-World War II: The Foundation a. The Chinese Exclusion Era b. National Origin Quotas and the Undesirable Aliens Act B. The Aftermath of World War II a. From 1967 to 1980, the United States Failed its Signatory Obligations b. 1980: Incorporation of the... |
2022 |
| Antonios Kouroutakis |
Eu Action Plan Against Disinformation: Public Authorities, Platforms and the People |
53 International Lawyer 277 (2020) |
Democracy is a technology of governance. The spread of democracy--the so called democratization--took place progressively and in waves. According to Huntington, the first wave started in 1820, the second with the end of World War II, and the third wave in 1974. Remarkably, before the end of World War II, democracy was close to extinction as only... |
2020 |
| 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 |
| Marie-Claire S.F.G. Foblets |
Europe and its Aliens after Maastricht. The Painful Move to Substantive Harmonization of Member-states' Policies Towards Third-country Nationals |
42 American Journal of Comparative Law 783 (Fall 1994) |
Since the 1980's, immigration from outside Europe has been part of the debate surrounding European construction. The question of immigration to Europe has become politicized and popularized as a problem of non-European immigrants. Immigration from outside Europe, together with racism, have become major political issues in a number of European... |
1994 |
| Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa |
EVALUATING LEGAL NEEDS |
36 Notre Dame Journal of Law, Ethics & Public Policy 175 (2022) |
This article is the first to explore legal needs in the Rio Grande Valley of Texas--a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often... |
2022 |
| Shelly Chandra Patel |
E-verify: an Exceptionalist System Embedded in the Immigration Reform Battle Between Federal and State Governments |
30 Boston College Third World Law Journal 453 (Spring, 2010) |
Abstract: The immigration debate has proven to be fertile ground for promoting exceptionalist practices, where certain groups of people are isolated from the rest of the population and regarded as a subclass. The federal electronic employment verification system, E-Verify, is a prime example of such a practice. Passed under the Procurement Act, the... |
2010 |
| Naomi Barrowclough |
E-verify: Long-awaited 'Magic Bullet' or Weak Attempt to Substitute Technology for Comprehensive Reform? |
62 Rutgers Law Review 791 (Spring 2010) |
The subject of immigration reform was notably absent from the 2008 presidential campaign. Neither John McCain nor Barack Obama, who incidentally take similar positions on immigration, made immigration a focal point, or even a supporting feature, of their respective platforms. Notwithstanding the lack of attention given to what many term... |
2010 |
| Elizabeth Keyes |
Examining Maryland's Views on Immigrants and Immigration |
43 University of Baltimore Law Forum L.F. 1 (Fall 2012) |
The Baltimore Sun has aptly described Maryland as having a split personality on immigration. Maryland's responses to a broken federal immigration system have diverged both in state-wide politics and in jurisdiction-by-jurisdiction approaches. We see the divergence in Frederick County's embrace of using local law enforcement agencies to enforce... |
2012 |
| Alice Ristroph |
EXCEPTIONALISM EVERYWHERE: A (LEGAL) FIELD GUIDE TO STRUCTURAL INEQUALITY |
65 Arizona Law Review 921 (Winter 2023) |
In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and more. For several of these fields, the charge is that the field is not operating in... |
2023 |
| Wendy E. Parmet |
EXCLUDING NON-CITIZENS FROM THE SOCIAL SAFETY NET |
49 Georgia Journal of International and Comparative Law 525 (Summer, 2021) |
I want to begin by offering many thanks to Professor Weeks, Sarah Quinn, and the students on the Georgia Journal of International and Comparative Law. Thank you for organizing this terrific and timely conference. I am honored to speak to you today and be a part of this formidable panel. In my brief time, I want to discuss how the exclusion of... |
2021 |
| Alessandra N. Rosales |
EXCLUDING 'UNDESIRABLE' IMMIGRANTS: PUBLIC CHARGE AS DISABILITY DISCRIMINATION |
119 Michigan Law Review 1613 (May, 2021) |
Public charge is a ground of inadmissibility based upon the likelihood that a noncitizen will become dependent on government benefits in the future. Once designated as a public charge, a noncitizen is ineligible to be admitted to the United States or to obtain lawful permanent residence. In August 2019, the Trump Administration published a... |
2021 |
| David E. Bernstein , Thomas C. Leonard |
Excluding Unfit Workers: Social Control Versus Social Justice in the Age of Economic Reform |
72 Law and Contemporary Problems 177 (Summer 2009) |
Immigration, working poverty, and the relationship of women to the labor market are vital and contentious issues today, as they were a century ago, when some influential, progressive social scientists blueprinted and began constructing the house of American labor reform. New Deal liberals later expanded the edifice. This article documents that the... |
2009 |
| Kait Madsen |
Execution on the Ballot: Lessons for Judicial Review of Ballot Measures from the Death Penalty Referendum in Nebraska |
99 Nebraska Law Review 254 (2020) |
C1-2TABLE OF CONTENTS I. Introduction. 255 II. Background. 257 A. Current Climate: Increased Voter-Led Ballot Measures. 257 1. Recent Trend Toward Policy Creation Through Voter-Led Ballot Measures. 257 2. Reasons for the Trend: Americans' Heightened Distrust of Government and the Political Process. 258 3. Voter-Led Ballot Measures Are Often... |
2020 |
| Jennifer Lee Koh |
EXECUTIVE DEFIANCE AND THE DEPORTATION STATE |
130 Yale Law Journal 948 (February, 2021) |
A basic assumption in our legal system is that once a federal court issues an order, the government will obey. But the validity of that assumption has been tested over the years, including in the immigration context, and for reasons both related to and separate from the identity of the President. Indeed, understanding the government's... |
2021 |
| Angela D. Morrison |
Executive Estoppel, Equitable Enforcement, and Exploited Immigrant Workers |
11 Harvard Law & Policy Review 295 (Spring, 2017) |
Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies that seek to protect the workers under federal workplace laws on the one hand, and federal agencies that seek to prosecute or deport the workers on the other hand. Federal law contains a host of workplace protections designed to prohibit... |
2017 |
| Fatma E. Marouf |
Executive Overreaching in Immigration Adjudication |
93 Tulane Law Review 707 (April, 2019) |
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of... |
2019 |
| Tom C.W. Lin |
Executive Private Misconduct |
88 George Washington Law Review 327 (March, 2020) |
Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private misconduct--when made... |
2020 |
| Stacy Brustin |
Expanding Our Vision of Legal Services Representation -- the Hermanas Unidas Project |
1 American University Journal of Gender & the Law 39 (Spring, 1993) |
Traditional legal services representation offers minimal promise of empowerment for the marginalized client. As a legal services attorney specializing in domestic relations and domestic violence law, I spend a great deal of time assisting immigrant women through the maze of our legal system. Yet, within the bounds of traditional lawyering, I am... |
1993 |
| 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 |
| 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 |
| Erin M. O'Callaghan |
Expedited Removal and Discrimination in the Asylum Process: the Use of Humanitarian Aid as a Political Tool |
43 William and Mary Law Review 1747 (March, 2002) |
In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Through this act, Congress attempted to combat illegal immigration, while revamping the asylum process in the United States. Some of the harshest new measures were instituted under the expedited removal system. This system allows the Immigration and... |
2002 |
| Lisa J. Laplante |
Expedited Removal at U.s. Borders: a World Without a Constitution |
25 New York University Review of Law and Social Change 213 (1999) |
Gregorio Diaz, an American citizen of Mexican descent, is an Illinois resident. On February 18, 1998, Mr. Diaz arrived at O'Hare International Airport, Chicago from a trip abroad. When passing through customs, he was detained by an Immigration and Naturalization Service (INS) inspection officer , at which time he submitted documentation of his... |
1999 |
| Laura Macia, University of Pittsburgh |
Experiences of Discrimination in an Emerging Latina/o Community |
39 PoLAR: Political and Legal Anthropology Review 110 (May, 2016) |
In this article I explore how members of an emerging community of Latina/o immigrants in Pittsburgh, a small but rapidly growing population, understand and respond to discrimination. Both documented and undocumented Latina/o immigrants reported experiencing discrimination and facing challenges in addressing these experiences. However, personal... |
2016 |
| Jamie Longazel , Benjamin Fleury-Steiner |
Exploiting Borders: the Political Economy of Local Backlash Against Undocumented Immigrants |
30 Chicana/o-Latina/o Law Review 43 (2011) |
Once they cross the border . . . They come into cities such as Hazleton. It's like a cancer. - Hazleton Mayor Louis J. Barletta, May 2006 The system is broken, the border is broken. We all know what we need . . . People in Arizona have made it very, very clear. Let's talk about the problem that is at hand. Let's secure the border. - Arizona... |
2011 |
| Cristina A. Quiñónez |
Exposing the American History of Applying Racial Anxieties to Regulate and Devalue Latinx Immigrant Reproductive Rights |
54 University of San Francisco Law Review 557 (2020) |
NATIONALISTS ACT ON RACIAL ANXIETIES to oppress the reproductive rights of Latinx immigrants. The term racial anxieties refers to increased stress levels and emotions that occur when individuals interact with people of other races. Racial anxieties can affect the daily lives of individuals of all races--while some people may be subjected to... |
2020 |
| Lindsay Nash |
Expression by Ordinance: Preemption and Proxy in Local Legislation |
25 Georgetown Immigration Law Journal 243 (Winter, 2011) |
Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This article examines the hitherto-understudied correlation between ordinances explicitly related to... |
2011 |
| 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 |
| Fatma E. Marouf |
Extraterritorial Rights in Border Enforcement |
77 Washington and Lee Law Review 751 (Spring, 2020) |
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United... |
2020 |
| John Zens |
FACE IT: ONLY CONGRESS CAN PRESERVE PRIVACY FROM THE PERVASIVE USE OF FACIAL RECOGNITION TECHNOLOGY BY POLICE |
58 San Diego Law Review 143 (February-March, 2021) |
C1-2Table of Contents I. Introduction. 144 II. How FRT Functions and Law Enforcement's Use of Biometric Identifiers. 152 A. FRT Basics. 152 1. Biometrics. 152 2. How FRT Works. 153 3. FRT Shortcomings & Criticisms. 153 B. Law Enforcement's Compilation of Biometric Data. 158 1. The FBI's Biometric Identification Data and Systems. 158 2. State DMV... |
2021 |
| Khaled A. Beydoun |
Faith in Whiteness: Free Exercise of Religion as Racial Expression |
105 Iowa Law Review 1475 (May, 2020) |
ABSTRACT: Faith in whiteness is the affirmation that religion remains forceful in shaping race and racial division. It is also the observation, born from formative contestations of racial exclusion and today's rising white populism, that central to the American experience is the conditioned belief that whiteness stands at the pinnacle of social... |
2020 |
| Fernando Colon-Navarro |
Familia E Inmigracion: What Happened to Family Unity? |
19 Florida Journal of International Law 491 (August, 2007) |
The Immigration and Naturalization Act (INA), also known as The McCarran-Walter Act of 1952 (Act), states, as its goals, while maintaining an emphasis on nationality, (1) the reunification of families, (2) the protection of the domestic labor force, and (3) the immigration of persons with needed skills. The goal of family reunification has been a... |
2007 |
| Stephen Lee |
Family Separation as Slow Death |
119 Columbia Law Review 2319 (December, 2019) |
During the Trump Administration, disturbing images of immigration officials forcibly separating parents from their children at the U.S.-Mexico border have rightly invited an onslaught of criticism. Voices across the political spectrum have called these actions immoral and insisted that this is not who we are. The underlying moral imperative of this... |
2019 |