AuthorTitleCitationSummaryYear
Rachel E. Morse Following Lozano V. Hazleton: Keep States and Cities out of the Immigration Business 28 Boston College Third World Law Journal 513 (Spring, 2008) IMMIGRANTS: YOUR COUNTRY NEEDS THEM. By Philippe Legrain. United States: Princeton University Press. 2007. Pp. 333. Abstract: In Immigrants: Your Country Needs Them, Phillipe Legrain makes an economic argument for open borders. While he describes an ideal, the reality is that the United States will not implement an open border policy anytime soon.... 2008
Amelia Wilson FORCE MULTIPLIER: AN INTERSECTIONAL EXAMINATION OF ONE IMMIGRANT WOMAN'S JOURNEY THROUGH MULTIPLE SYSTEMS OF OPPRESSION 38 Berkeley Journal of Gender, Law & Justice 1 (2023) The immigrants' rights movement can assume an intersectional and cooperative approach to dismantling co-constitutive systems of oppression that conspire to punish, exclude, and exploit disfavored groups. Racial justice must be at the center of the movement, but so too must we understand the devastating role that gender, disability, and... 2023
Keith Cunningham-Parmeter Forced Federalism: States as Laboratories of Immigration Reform 62 Hastings Law Journal 1673 (July, 2011) Ever since Justice Louis Brandeis characterized states as laboratories of democracy, judges and scholars have championed the ability of states to offer a diverse array of solutions to complex national problems. Today, proponents of enhanced immigration restrictions apply the same rationale to state immigration laws. This Article challenges the... 2011
Robbie J. Totten, PhD Foreign Policy Interpretive Lenses and State Migration Law: Realism, Isolationism and Liberalism Thought, and U.s. Immigration Policy 24 U.C. Davis Journal of International Law and Policy 135 (Spring, 2018) This interdisciplinary article argues that Foreign Policy (FP) interpretive lenses (IL's)--heuristics oft used in International Studies disciplines to examine statecraft--are a useful and underappreciated tool for comparative state migration policy and legal analysis. IL's have value as conceptual tools for scholars in examining state migration law... 2018
Mary Bosworth , Emma Kaufman Foreigners in a Carceral Age: Immigration and Imprisonment in the United States 22 Stanford Law and Policy Review 429 (2011) ' More than a decade ago, Jonathan Simon warned of an expanding interest in locking up refugees. According to Simon, asylum seekers were to provide a new population for mass incarceration. The border was to become the new criminal justice frontier. In 2010, Simon's view appears to have been borne out, though perhaps not entirely as he predicted.... 2011
Hon. M. Margaret McKeown, United States Court of Appeals for the Ninth Circuit, Chair, ABA Commission on the Nineteenth Amendment, Georgetown University Law Center (Juris Doctor 1975; Honorary Doctorate 2005) Foreword 19th Georgetown Law Journal L.J. 1 (June, 2020) In celebration of the centennial of the Nineteenth Amendment, it is my pleasure to introduce a special issue of The Georgetown Law Journal. This issue brings together a series of articles that examines the legacy of the Nineteenth Amendment and the ongoing push for equality. The American Bar Association formed the Commission on the Nineteenth... 2020
Sudha Setty Foreword 42 Western New England Law Review 333 (2020) As dean of Western New England University School of Law, I thank the editors and staff of Volume 42 of the Western New England Law Review for inviting me to contribute the foreword to this symposium issue on woman suffrage and the broader contextual conversations about gender and politics, as well as the trajectory of social justice movements more... 2020
Craig Estlinbaum Foreword 60 South Texas Law Review 219 (2019) South Texas Law Review's 25th Annual Ethics Symposium in Criminal Law arrives at a critically important time. Criminal law reform has become a major discussion point around the state and nation in recent years. The discussions frequently focus on issues such as wrongful convictions, over-incarceration, racial disparities, immigration matters and... 2019
The Editors Foreword 2 Law & Ethics of Human Rights Rts. 1 (January, 2008) This year's issue is based on the articles presented at the Academic Center of Law & Business second international human rights conference on the subject of Demography and Human Rights. The conference examined the role of demographic considerations in internal public policy and immigration policy raising challenging questions such as can a state... 2008
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
Rachel F. Moran Foreword -- Demography Anddistrust: the Latino Challenge to Civil Rights and Immigration Policy in the 1990s and Beyond 8 La Raza Law Journal L.J. 1 (1995) Today, the United States faces significant demographic changes that will shape its political destiny. As two researchers wrote recently: Latino population growth is the future. The White population is declining, the African-American population is stable, and the Latino and Asian-American populations are expanding rapidly. The Asian-American... 1995
Eric K. Yamamoto , Susan K. Serrano FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE 92 University of Colorado Law Review 1383 (Special Issue 2021) Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... 2021
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
Sylvia R. Lazos Vargas Foreword: Emerging Latina/o Nation and Anti-immigrant Backlash 7 Nevada Law Journal 685 (Summer 2007) LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of... 2007
Charles R.P. Pouncy Foreword: Latcrit Xii--the Critical Locality and the Processes of Community 20 Saint Thomas Law Review 387 (Spring 2008) I. Introduction. 387 II. The Critical Locality and LatCrit Literature. 388 III. The Symposium Clusters. 393 IV. Cluster I--Immigration and Cosmopolitanism. 394 V. Cluster II: Economics Interpersonal, Structural and Political. 402 VI. Cluster III: Regions and Cultures. 417 VII. Cluster IV: Critical Politics and Jurisprudence. 424 VIII. Cluster V:... 2008
Khiara M. Bridges FOREWORD: RACE IN THE ROBERTS COURT 136 Harvard Law Review 23 (November, 2022) C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of... 2022
Cristina M. Rodríguez FOREWORD: REGIME CHANGE 135 Harvard Law Review 1 (November, 2021) C1-2CONTENTS Introduction. 2 I. Elements of Regime Change. 11 A. Switching Sides. 16 1. Enlisting the Court. 18 2. The Interests of the United States. 32 B. A New Order. 40 1. The Legal Regime. 41 2. The Bureaucracy. 48 II. In Defense of Power. 58 A. Asserting Power. 63 1. Democracy and Social Welfare. 63 2. Presidential and Political Control. 70... 2021
Maggie Blackhawk FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM 137 Harvard Law Review 1 (November, 2023) C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... 2023
Michael J. Klarman Foreword: the Degradation of American Democracy--and the Court 134 Harvard Law Review Rev. 1 (November, 2020) C1-2CONTENTS Introduction. 4 I. The Degradation of American Democracy. 11 A. The Authoritarian Playbook. 11 B. President Trump's Authoritarian Bent. 19 1. Attacks on Freedom of the Press and Freedom of Speech. 20 2. Attacks on an Independent Judiciary. 22 3. Politicizing Law Enforcement. 23 4. Politicizing the Rest of the Government. 25 5. Using... 2020
Elizabeth Heger Boyle, Fortunata Ghati Songora Formal Legality and East African Immigrant Perceptions of the "War on Terror" 22 Law & Inequality: A Journal of Theory and Practice 301 (Summer 2004) Ultimately, the meaning of law emerges from the interaction of law in the abstract, law in practical application, and law as the public perceives it. This Article focuses on the last category: the general assumptions and perceptions made about the law by ordinary individuals. We interviewed members of an immigrant community affected by the legal... 2004
Téa Antonino FORMER GANG MEMBERS AND THE PARTICULAR SOCIAL GROUP STANDARD: WHY AMERICA'S HIGHEST COURT SHOULD GREEN LIGHT THE KILLING OF THE BIA'S THREE-PRONG TEST 60 San Diego Law Review 167 (February-March, 2023) C1-2Table of Contents I. Introduction. 168 II. Background. 172 A. Historical Context of Transnational Gangs Dominating the Northern Triangle. 172 B. The Differences Between Asylum and Withholding of Removal. 180 C. The Evolution of the BIA's Interpretation of a PSG. 185 1. In re Acosta Produces the Immutability Characteristics Test. 186 2. The BIA... 2023
Michele Totah Fortress Italy: Racial Politics and the New Immigration Amendment in Italy 26 Fordham International Law Journal 1438 (May, 2003) We need a law that can deal with these invasions, otherwise crime will continue to rise and Italian culture will be threatened . . . People who come to Italy must come to work. We will make illegal immigration a serious crime . . . Stop treating illegal immigrants like normal people. Only people who have got work contracts can come in. And we need... 2003
Richard Delgado Four Reservations on Civil Rights Reasoning by Analogy: the Case of Latinos and Other Nonblack Groups 112 Columbia Law Review 1883 (November, 2012) The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... 2012
Jillian Blake FRAGILE IMMIGRATION LEGALITY COLLAPSES IN THE TRUMP ERA 30 Southern California Interdisciplinary Law Journal 305 (Winter 2021) People often think of immigration legality in black and white terms--immigrants are documented or undocumented; they are present legally or illegally. There has long been, however, a significant gray area of quasi-legality in the U.S. immigration system. This gray area expanded for decades due to diverging policies of the executive and... 2021
Natashia Tidwell Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local Police Non-cooperation Policies 88 Saint John's Law Review 105 (Spring 2014) The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws. -- Sir Robert Peel, the architect of modern policing Sir Robert Peel's idyllic... 2014
Timothy Zick Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties 106 Iowa Law Review 229 (November, 2020) ABSTRACT: Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a collective, civic republican, individual, and fundamental right. Gun rights advocates have... 2020
Monica Nigh Smith France for the French? the Europeans? The Caucasians?: the Latest French Immigration Reform and the Attempts at Justifying its Disproportionate Impact on Non-white Immigrants 14 Transnational Law & Contemporary Problems 1107 (Spring 2005) I. Introduction. 1107 II. The Sarkozy Law. 1110 A. Introduction. 1110 B. Specific Impacts on Immigrants. 1111 1. Preparation for Arrival. 1111 2. An Overall Increase in Waiting Periods. 1111 3. Regulation of International Marriages. 1112 4. Regulation of Family Life. 1114 5. Effects on Transporters and Employers. 1115 6. Conditions Upon Discovery.... 2005
Roya Hajbandeh France, Love it or Leave It: New French Law Restricts Family Reunification 27 Wisconsin International Law Journal 335 (Summer 2009) This article will demonstrate that the new French immigration law, On the Control of Immigration, Integration, and Asylum, does not accomplish the country's intent of inhibiting illegal immigration, and instead, restricts family reunification, which violates French laws, European Union laws, and promotes an underlying discriminatory policy to... 2009
Evelyn Atkinson FRANKENSTEIN'S BABY: THE FORGOTTEN HISTORY OF CORPORATIONS, RACE, AND EQUAL PROTECTION 108 Virginia Law Review 581 (May, 2022) This Article highlights the crucial role corporations played in crafting an expansive interpretation of the Fourteenth Amendment. Exposing the role of race in the history of the constitutional law of corporate personhood for the first time, this Article argues that corporations were instrumental in laying the foundation of the Equal Protection... 2022
Kevin R. Johnson Free Trade and Closed Borders: Nafta and Mexican Immigration to the United States 27 U.C. Davis Law Review 937 (Summer 1994) Nineteen ninety-three was the year of immigration in the United States. Immigration emerged as a volatile, if not incendiary, public issue, beginning with a debacle concerning the employment of undocumented persons by two prominent women considered by a new President to serve as Attorney General. Several incidents further heightened public scrutiny... 1994
Justin Driver Freedom of Expression Within the Schoolhouse Gate 73 Arkansas Law Review Rev. 1 (2020) In the late 1960s, the Supreme Court began contemplating how the First Amendment's commitment to the freedom of speech should protect the right of students to introduce their own ideas into the schoolhouse. This constitutional question extended well beyond the matter addressed in West Virginia State Board of Education v. Barnette, because that... 2020
Nicholas D. Michaud From 287(g) to Sb 1070: the Decline of the Federal Immigration Partnership and the Rise of State-level Immigration Enforcement 52 Arizona Law Review 1083 (Winter 2010) In July 2009, the Department of Homeland Security (DHS) dramatically altered the notorious 287(g) program, a program that cultivates partnerships between Immigration and Customs Enforcement and local law enforcement. Billed as an effort to standardize immigration enforcement while focusing efforts upon priority aliens, the policy shift instead... 2010
Kristin Garrity, Emily Crnkovich From Bigotry to Ban: the Ideological Origins and Devastating Harms of the Muslim and African Bans 29 Southern California Interdisciplinary Law Journal 571 (Summer, 2020) In this paper we examine some of the recent history of the anti-immigration and anti-Muslim movements--looking to the Muslim and African Ban in particular--and how their rhetoric and ideology have directly influenced the policies of the Trump administration. We also discuss the irony of these policies in light of the Trump administration's push for... 2020
  From Emma Lazarus to Arizona Sb1070, Can Progressives Meet New Challenges to Immigrants Rights? 31 Chicana/o-Latina/o Law Review 47 (2012) M : Good afternoon everyone. I think that we are ready to go ahead and get started. I would like to welcome you all to the first of this year's series of the David Epstein Program in Public Interest Law Speakers Series. We are so pleased to have with us here today four of the most preeminent experts in immigrants' rights to join us for our panel... 2012
Angela Hefti , Laura Ausserladscheider Jonas From Hate Speech to Incitement to Genocide: the Role of the Media in the Rwandan Genocide 38 Boston University International Law Journal L.J. 1 (Spring, 2020) Free speech is essential in any democratic society. Voiced in a politically charged context, however, hateful speech can incite the crime of crimes-- genocide. Democracy cannot be served if free speech is manipulated as a tool to incite the violation of human rights. Limits must be imposed on the media in its enjoyment of free speech. This paper... 2020
Renee C. Redman From Importation of Slaves to Migration of Laborers: the Struggle to Outlaw American Participation in the Chinese Coolie Trade and the Seeds of United States Immigration Law 3 Albany Government Law Review Rev. 1 (2010) I. The Chinese Coolie Trade--Briefly. 6 A. Recruitment of Chinese Coolies. 8 II. The Coolie Trade Prohibition Act. 13 A. Presidential Messages. 16 1. 1856 Presidential Report to Congress. 17 2. 1860 Bill. 28 B. 1860 Presidential Message. 38 C. 1861 Presidential Message. 43 D. 1862 Bill Introduced by Eliot. 47 III. The Legacy of the Coolie Trade... 2010
John C. Eastman From Plyler to Arizona: Have the Courts Forgotten about Corfield V Coryell? 80 University of Chicago Law Review 165 (Winter, 2013) The theme of the Symposium at which this Article was presented was Immigration Law and Institutional Design. Our mission, as Symposium participants, was to assess the efficacy of the institutions that adopt and enforce our immigration laws. But before we can possibly make an efficacy assessment, we must address a normative question, namely, just... 2013
Penelope Andrews, New York Law School From Prohibited Immigrants to Citizens: the Origins of Citizenship and Nationality in South Africa. By Jonathan Klaaren. Cape Town: Uct Press, 2017 53 Law and Society Review 616 (June, 2019) Jonathan Klaaren has written an important study of the historic formation of South African citizenship against the backdrop of its admirable 1996 Constitution and Bill of Rights, its embrace of dignity and equality as founding principles, and especially the commitment in the Preamble: We, the people of South Africa . believe that South Africa... 2019
Andrew Yuengert From Prophecy to Policy: Bishops, Prudence, and Immigration Politics 4 University of Saint Thomas Law Journal 66 (Summer 2006) I. Introduction: Prophets and Policy. 66 II. Catholic Social Teaching on Immigration. 69 III. Prudence. 72 IV. Turning Teaching into Immigration Policy: Facts and Judgments. 75 A. Economic Effects. 76 B. Culture. 78 C. Security and the Rule of Law. 79 V. The Bishops' Reform Agenda. 82 VI. Conclusions. 85 2006
Bandana Purkayastha From Suffrage to Substantive Human Rights: the Continuing Journey for Racially Marginalized Women 42 Western New England Law Review 419 (2020) This Article highlights racially marginalized women's struggles to substantively access rights. Suffrage was meant to acquire political rights for women, and through that mechanism, move towards greater equality between women and men in the public and private spheres. Yet, racial minority women, working class and immigrant women, among others,... 2020
Yung-hua Kuo FROM VULNERABILITY TO RESILIENCE: DISASTER RECOVERY LAWS AND INDIGENOUS ADAPTIVE STRATEGIES IN TAIWAN 24 Asian-Pacific Law and Policy Journal 1 (Spring, 2023) I. Introduction. 2 II. Legal History of Indigenous Peoples in Taiwan. 8 A. Precolonial Era (- the Seventeenth Century). 8 B. The Qing Era (1683 - 1895). 10 C. Japanese-Ruled Period (1895 - 1945). 12 D. Republic of China Assimilation and Relocation Policy (1945 - 1987). 15 E. Indigenous Movements and Reclaiming Rights (1987 - Present). 18 III.... 2023
Robert Costello FRONT OF THE HOUSE, BACK OF THE HOUSE: RACE AND INEQUALITY IN THE LIVES OF RESTAURANT WORKERS BY ELI REVELLE YANO WILSON 36-SUM Criminal Justice 39 (Summer, 2021) NYU Press, December 2020, 9781479800612 Eli Revelle Yano Wilson is an Assistant Professor of Sociology at the University of New Mexico, where his research interests include race and ethnicity, labor, immigration, and labor. His work shows how inequality is reproduced and challenged within workforces. Born and raised in Hawaii, Eli completed his... 2021
Katherine Conway Fundamentally Unfair: Databases, Deportation, and the Crimmigrant Gang Member 67 American University Law Review 269 (October, 2017) Provocative language painting immigrants as dangerous criminals and promises of increased immigration enforcement were cornerstones of Donald J. Trump's presidential candidacy. As president, he has maintained this rhetoric and made good on many of his promises by broadening the definition of criminal conduct for immigration enforcement purposes,... 2017
Mary Holper GANG ACCUSATIONS: THE BEAST THAT BURDENS NONCITIZENS 89 Brooklyn Law Review 119 (Fall, 2023) A teenager from El Salvador attends a high school that is populated mostly by Latine youth. He finds his friends in a group of boys. He gets into a scuffle with another boy. Little does he know, with each of these interactions, he has been accruing points in a database that tracks gang membership and affiliation. The friendships earn him two... 2023
Deborah M. Weissman GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES 20 Hastings Race and Poverty Law Journal 55 (Spring, 2023) C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... 2023
Deborah M. Weissman GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES 34 Hastings Journal on Gender and the Law 55 (Spring, 2023) C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... 2023
Pooja R. Dadhania GENDER-BASED RELIGIOUS PERSECUTION 107 Minnesota Law Review 1563 (April, 2023) Asylum law fails to protect women and girls fleeing gender-based violence that occurs in the home or the private sphere. Gender-based violence survivors who are persecuted in the private sphere currently must undertake legal gymnastics to fit their claims within the purview of U.S. asylum law. This Article reframes gender-based violence as... 2023
Pooja Gehi Gendered (In)security: Migration and Criminalization in the Security State 35 Harvard Journal of Law & Gender 357 (Summer 2012) Introduction I. Criminalization of Transgender Immigrants of Color. 364 A. Cycles of Poverty. 366 B. Walking While Trans: Police Profiling and Fourth Amendment Stops. 368 C. Disproportionate Incarceration. 372 D. Violence and Incarceration. 374 E. Criminal Procedure, Plea Bargains, and Safety. 375 II. Devolution of Criminal and Immigration Law. 377... 2012
Olivia Salcido, Cecilia Menjívar Gendered Paths to Legal Citizenship: the Case of Latin-american Immigrants in Phoenix, Arizona 46 Law and Society Review 335 (June, 2012) In this paper we seek to contribute to a greater understanding of legal citizenship by exploring the gendered experiences of Latin-American-origin immigrants in the greater Phoenix metropolitan area as they go through the legalization process. To explore this gendered angle we rely on in-depth interviews conducted from 1998 through 2008 with women... 2012
Trina Jones , Jessica L. Roberts Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law 120 Columbia Law Review 1929 (November, 2020) Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... 2020
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