Benjamin Feist, Teresa Nelson, Ian Bratlie Racial Profiling in Greater Minnesota and the Case for Expanding the Driver's License Privilege to All Minnesota Residents 5 William Mitchell Law Raza Journal 82 (2013-2014) Racial profiling is a pervasive issue for immigrants in the United States, and it is becoming increasingly problematic for Latinos living and working in the predominantly rural communities of Greater Minnesota. Reports from throughout the state indicate that Latinos are disproportionately targeted by the police on a regular basis. In the waning... 2014
Carrie L. Arnold Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal Immigration Law 49 Arizona Law Review 113 (Spring 2007) After the tragic attacks of September 11, 2001, the lack of communication and cooperation among local, state, and federal law enforcement became the subject of intense criticism. Under pressure to deal with illegal immigration, the Department of Justice (DOJ) began to consider extending immigration enforcement responsibilities to state and local... 2007
Kevin R. Johnson Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder 48 University of Michigan Journal of Law Reform 967 (Summer, 2015) In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an aggravated felony for purposes of removal, an important... 2015
Robert L. Tsai Racial Purges 118 Michigan Law Review 1127 (April, 2020) The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... 2020
Roy L. Brooks, Warren Distinguished Professor of Law, University of San Diego School of Law Racial Reconciliation Through Black Reparations 63 Howard Law Journal 349 (Spring, 2020) A commission to study government redress for the atrocities of slavery and Jim Crow--what is popularly referred to as black reparations --is the subject of bills introduced in Congress in 2019. Most Democratic presidential contenders have also come out in support of H.R. 40, the House bill, and S.1083, the Senate bill. This puts the reparations... 2020
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
Nathan Tauger Racial Segregation in West Virginia Housing, 1929-1971 123 West Virginia Law Review 171 (Fall, 2020) I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F.... 2020
Vinay Harpalani RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS 37 Georgia State University Law Review 1361 (Summer, 2021) This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... 2021
Hilal Elver Racializing Islam Before and after 9/11: from Melting Pot to Islamophobia 21 Transnational Law & Contemporary Problems 119 (Spring 2012) I. Point of Departure. 119 II. Paving the Road for Racializing Islam: Pre-9/11 Era. 123 A. Muslim Community in the United States. 124 1. Immigrants. 125 2. Natives: African American Muslims. 128 B. Prejudices Against Muslims and Middle Easterners in the Pre-9/11 Era. 130 1. Discrimination Against Middle Easterners and Muslims in the Process of... 2012
Lizzie Seal, Alexa Neale Racializing Mercy: Capital Punishment and Race in Twentieth-century England and Wales 38 Law and History Review 883 (November, 2020) Death was the mandatory sentence for all defendants found guilty of murder in England and Wales until 1957, when capital punishment was limited to select categories of murder before being abolished in 1965. Capitally convicted murderers were hanged unless the Home Office deemed their case worthy of reprieve, recommending that the royal prerogative... 2020
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021
Richard A. Boswell Racism and U.s. Immigration Law: Prospects for Reform after "9/11?" 7 Journal of Gender, Race and Justice 315 (Fall 2003) I. Introduction II. Brief History of Racial Exclusion in U.S. Immigration Policy A. Mexican, Asian and African Exclusion B. The National Origin Quota C. The 1965 Immigration Act D. The 1964 Civil Rights Laws E. The Modern Reform Movements III. Problems in the Immigration System A. Structural Barriers B. Doctrinal Barriers C. Attitudinal Barriers... 2003
Daria Roithmayr RACISM PAYS: HOW RACIAL EXPLOITATION GETS INNOVATION OFF THE GROUND 28 Michigan Journal of Race and Law 145 (Spring, 2023) Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the... 2023
Charlene Galarneau , Ruqaiijah Yearby RACISM, HEALTH EQUITY, AND CRISIS STANDARDS OF CARE IN THE COVID-19 PANDEMIC 14 Saint Louis University Journal of Health Law & Policy 211 (2021) Long-standing and deeply embedded institutional racism, notably anti-Black racism in U.S. health care, has provided a solid footing for the health inequities by race evident in the COVID-19 pandemic. Inequities in susceptibility, exposure, infection, hospitalization, and treatment reflect and reinforce this racism and cause incalculable and... 2021
Richard Delgado, Jean Stefancic Radical Method 24 U.C. Davis Social Justice Law Review Rev. 3 (Winter, 2020) Should traditional liberals and insurgent scholars who disdain the system nevertheless work together? They start at different points, build on clashing presumptions, and follow different methodologies. Nevertheless, they often come out the same way. Indeed, practitioners of the standard cases-and-policies approach sometimes end up instinctively... 2020
Erik Camayd-Freixas, Ph.D. Raids, Rights and Reform: the Postville Case and the Immigration Crisis 2 DePaul Journal for Social Justice Just. 1 (Fall 2008) We must also find a sensible and humane way to deal with people here illegally. Illegal immigration is complicated, but it can be resolved. And it must be resolved in a way that upholds both our laws and our highest ideals. - George W. Bush, State of the Union Address, January 28, 2008. It is impossible to overestimate the importance of Postville... 2008
Daniel J. Tichenor, Alexandra Filindra Raising Arizona V. United States: Historical Patterns of American Immigration Federalism 16 Lewis & Clark Law Review 1215 (Winter, 2012) Immigration policy and regulation have been hotly contested issues in the United States since the 1800s. At the center of this historic immigration debate have been issues of federalism and core questions under the United States Constitution. Arizona v. United States, one of the Supreme Court's blockbuster decisions of the summer of 2012, has... 2012
Haley Moss Raising the Bar on Accessibility: How the Bar Admissions Process Limits Disabled Law School Graduates 28 American University Journal of Gender, Social Policy and the Law 537 (2020) I. Introduction. 538 II. Background. 542 A. Disability Rights are Civil Rights: The Americans with Disabilities Act. 543 B. Reasonable Accommodations for High-Stakes Testing. 545 III. Analysis. 550 A. Applying for Admission: Character & Fitness. 550 i. Disclosure of Mental Health Disabilities. 551 ii. Fit to Practice? Mental Health and Disability... 2020
Cynthia Benin Randomizing Immigration Enforcement: Exploring a New Fourth Amendment Regime 88 New York University Law Review 1735 (November, 2013) This Note draws upon immigration law to analyze a new Fourth Amendment regime put forth by criminal law scholars Bernard Harcourt and Tracey Meares. In Randomization and the Fourth Amendment, Harcourt and Meares propose a model for reasonable searches and seizures that dispenses with individualized suspicion in favor of random, checkpoint-like... 2013
Stephen H. Legomsky Rationing Family Values in Europe and America: an Immigration Tug of War Between States and Their Supra-national Associations 25 Georgetown Immigration Law Journal 807 (Summer, 2011) For decades, family reunification has been the centerpiece of immigration policy practically everywhere. Today, however, it is under siege in both Europe and the United States. Two trends seem to have escaped notice. First, the most popular restriction strategies have been quantitative controls that ration family reunification by reducing or... 2011
Wesley C. Brockway Rationing Justice: the Need for Appointed Counsel in Removal Proceedings of Unaccompanied Immigrant Children 88 University of Colorado Law Review 179 (Winter, 2017) Introduction. 180 I. Problem Overview. 184 A. The Border Crisis. 186 1. Causes of the Influx of Unaccompanied Immigrant Children. 186 2. Legislative and Executive Responses to the Border Crisis. 190 B. The Due Process Disparity. 195 II. Unaccompanied Immigrant Children Have Both a Constitutional and Statutory Entitlement to Full Due Process... 2017
Vivian June Reaction to "Ruthless Haven" 6 Georgetown Journal of Law & Modern Critical Race Perspectives 271 (Fall, 2014) In Ruthless Haven: How LA Gang Culture and U.S. Immigration Policy Contribute to Racial Injustice for Central American Asylum Applicants, Lauren Sparks provides an illuminating and harrowing view of gang culture in Central America and its transference to the United States. Despite the title of this Note, however, Sparks does not fulfill her... 2014
Matthew R. Smith Reaction To: Health Care Challenges for Non-citizen Immigrants in the U.s. 3 Georgetown Journal of Law & Modern Critical Race Perspectives 169 (Fall, 2011) In her Article, author Jennifer Seo outlines the barriers that immigrants, both documented and undocumented, face in accessing affordable health care in the United States. Despite the fact that affordable health care strikes deep moral sentiment, economic reality and historic fact, along with public fears and prejudices, preclude any sort of... 2011
Robbie Clarke Reaffirming the Role of the Federal Courts: How the Sixties Provide Guidance for Immigration Reform 17 Washington and Lee Journal of Civil Rights and Social Justice 463 (Spring, 2011) Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clean conscience. Such a policy would be but a reaffirmation of old principles. John F. Kennedy, A Nation of Immigrants (1964) C1-3Table of Contents L1-2Introduction . L3464 I.... 2011
Denise Gilman Realizing Liberty: the Use of International Human Rights Law to Realign Immigration Detention in the United States 36 Fordham International Law Journal 243 (February, 2013) INTRODUCTION. 244 I. THE CURRENT STATE OF IMMIGRATION DETENTION. 252 II. INTERNATIONAL HUMAN RIGHTS STANDARDS. 261 A. Development of the International Human Rights Standards. 261 B. Content of the International Human Rights Standards. 265 1. Rights that Form the Basis of the International Human Rights Standards. 266 2. General Principles of the... 2013
Javier Perez Reasonably Suspicious of Being Mojado: the Legal Derogation of Latinos in Immigration Enforcement 17 Texas Hispanic Journal of Law and Policy 99 (Spring, 2011) C1-3Summary I. Introduction 100 II. The Legal Framework & Doctrinal Prejudice 104 A. [Un]Reasonableness of an Exception to the Fourth Amendment 104 B. Equal Protection as a Guardian for Fairness 109 C. A Comment on Non-Federal Enforcement 113 III. The Cultural Force of Immigration Status 114 IV. CONCLUSION 122 2011
Mary Fan Rebellious State Crimmigration Enforcement and the Foreign Affairs Power 89 Washington University Law Review 1269 (2012) The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration (crimmigration), but diverge aggressively from federal enforcement policy. Enacting states argue that the... 2012
Kitty Calavita Recent Works on Immigration Policymaking: a Review Essay and Agenda for the Future 23 Law and Society Review 799 (1989) Vernon M. Briggs, Jr. Immigration Policy and the American Labor Force (Baltimore: Johns Hopkins University Press, 1984). xv + 294 pp. Bibliography, index. $29.50. Elizabeth Hull. Without Justice for All: The Constitutional Rights of Aliens (Westport, CT: Greenwood Press, 1985). xi + 244 pp. Bibliography, index. $35.00. Gill Loescher and John A.... 1989
Daniel Correa Reciprocity Interest in Political Affiliation: Redefining the Political Community to Attain Just Principles in Immigration Reform 14 Harvard Latino Law Review 67 (Spring 2011) I was born the citizen of a free state and a member of the sovereign, and, however feeble an influence my voice may have in public affairs, my right to vote on them suffices to make it my duty to inform myself on such matters. I am always happy, whenever I reflect upon the nature of government, to find in my inquiries new reasons for loving that of... 2011
James E. Pfander , Theresa R. Wardon Reclaiming the Immigration Constitution of the Early Republic: Prospectivity, Uniformity, and Transparency 96 Virginia Law Review 359 (April, 2010) I. Prelude: Immigration Policy in North America Before 1787. 371 II. Framing the Constitution's Naturalization Clause. 385 III. Naturalization Policy in the Early Republic. 393 A. The Naturalization Act of 1790 and the Refusal of Congress to Proceed by Private Bill. 393 B. Early Congressional Adherence to the Norm of Prospectivity. 403 C. The Scope... 2010
Eugene Lee RECOGNIZING THE RIGHT TO FAMILY UNITY IN IMMIGRATION LAW 121 Michigan Law Review 677 (February, 2023) The Trump Administration's travel ban and separation of families at the U.S.-Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court's line of privacy rights cases, the right to family unity is amorphous.... 2023
Thomas A. Saenz Recollections of the Legal Battle Against Proposition 187 53 U.C. Davis Law Review 2021 (April, 2020) Good morning. Thank you Professor Saucedo, my former colleague at MALDEF, for introducing me and also for taking the lead in organizing this important commemoration of the twenty-fifth anniversary of the enactment of Proposition 187. I'm not a scholar; later in the day you are going to hear from some tremendous scholars who have looked at these... 2020
Julian Lim Reconceptualizing Asian Pacific American Identity at the Margins 3 UC Irvine Law Review 1151 (December, 2013) Introduction. 1151 I. Asian Pacific American Identity Formation. 1152 A. Birth of the Asian American Movement. 1152 B. Asian American Jurisprudence. 1154 II. Reconceptualizing Asian Pacific American Identity Through Transnational Immigration History and Law. 1156 A. Transnational Perspectives. 1157 B. Asians in the Americas--Regulating Race and... 2013
Jayashri Srikantiah Reconsidering Money Bail in Immigration Detention 52 U.C. Davis Law Review 521 (November, 2018) C1-2Table of Contents Introduction. 521 I. A Brief Overview of Immigration Detention. 522 II. Money Bond. 527 III. The Case Against Money Bail. 530 A. Money Bail Is Not Correlated to Reducing Danger or Flight Risk. 531 B. Risk Assessment. 532 C. Alternatives to Detention and Unsecured Bonds. 534 D. Avoiding the Harms of Unnecessary Over-Detention.... 2018
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
Jelani Jefferson Exum RECONSTRUCTION SENTENCING: REIMAGINING DRUG SENTENCING IN THE AFTERMATH OF THE WAR ON DRUGS 58 American Criminal Law Review 1685 (Fall, 2021) L1-2Introduction . L31685 I. The Need for Reconstruction: Then and Now. 1687 II. Understanding the War on Drugs: The Weapons, The Tactics, and the Casualties. 1691 III. Why Interpretation Matters: A Lesson from the Thirteenth Amendment. 1698 A. The Thirteenth Amendment: Original Interpretation. 1698 B. Reinterpreting the Thirteenth Amendment: An... 2021
Jennifer M. Chacón RECOUNTING: AN OPTIMISTIC ACCOUNT OF MIGRATION 110 California Law Review 1041 (June, 2022) Introduction. 1041 I. Some Definitions. 1046 II. Existing Frames: Refugees and Beyond. 1050 III. The Costs of Current Choices. 1055 IV. Toward Optimism. 1059 Conclusion. 1063 Postscript. 1064 2022
Marie A. Failinger Recovering the Face-to-face in American Immigration Law 16 Southern California Review of Law & Social Justice 319 (Spring, 2007) It is 1908. Yee Won mourns his father's death. Yee Won, in his own words a Chinese-born capitalist and property owner, is at home in San Francisco and at home in China. But Yee Won needs a wife. Perhaps because of anti-miscegenation laws or perhaps because he wants to honor his father's wishes, Yee Won returns to China a few years later for a... 2007
Kamaria A. Guity Recreational Marijuana Legalization in New Jersey: the Formula for a Bill That Accounts for Racial Injustice 21 Rutgers Race & the Law Review 23 (2020) African Americans and Latinos are significantly overrepresented in our jail and prison populations for minor drug offenses. These numbers do not reflect African Americans' and Latinos' percentage of the general population nor their actual rate of drug use compared to Whites. Acknowledging this racial disparity, and for a number of different... 2020
Sallie Dietrich Redefining "American": the Constitutionality of State Dream Acts 31 Law & Inequality: A Journal of Theory and Practice 165 (Winter, 2012) I'm an American; I just don't have the right papers. These are the words of Jose Antonio Vargas, formerly a journalist for the Washington Post, who recently wrote an article describing his experience living in the United States as an undocumented immigrant. The message of the piece is simple: Vargas, who came to the United States illegally as a... 2012
Mary Holper Redefining "Particularly Serious Crimes" in Refugee Law 69 Florida Law Review 1093 (July, 2017) Refugees are not protected from deportation if they have been convicted of a particularly serious crime (PSC) which renders them a danger to the community. This raises questions about the meaning of particularly serious and danger to the community. The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite... 2017
Christopher N. Lasch Redress in State Postconviction Proceedings for Ineffective Crimmigration Counsel 63 DePaul Law Review 959 (Summer 2014) In its 2010 decision in Padilla v. Kentucky, the U.S. Supreme Court held the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right to receive counsel on whether a guilty plea is accompanied by a risk of deportation. But in 2013, the Court took back some of what it had given. Although most Padilla claims... 2014
Harvey Gee REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? 100 Oregon Law Review 461 (2022) Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... 2022
Colleen Muñoz Reevaluating the Adjudication of Crimes Involving Moral Turpitude 24 Lewis & Clark Law Review 325 (2020) Criminalizing immigration status has tainted the lives of permanent residents in the United States for years. A minor misdemeanor conviction imposes the threat of extreme penalties for noncitizens and their continued residence in the United States. Specifically, a conviction of a crime involving moral turpitude can prevent a noncitizen from seeking... 2020
Marlin W. Burke Reexamining Immigration: Is it a Local or National Issue? 84 Denver University Law Review 1075 (2007) Immigration, especially illegal immigration, is a subject currently generating intense controversy in American political and social discourse. To varying degrees, the subject has been controversial over the past one-hundred-eighty years, beginning with attempts by New York and Massachusetts to tax masters of ships who brought aliens into New York... 2007
Bill Ong Hing Re-examining the Zero-tolerance Approach to Deporting Aggravated Felons: Restoring Discretionary Waivers and Developing New Tools 8 Harvard Law & Policy Review 141 (Winter 2014) For the first time in many years, Congress and the White House are engaged in bipartisan efforts to enact comprehensive immigration reform. The give-and-take that dominates the debate is mostly over the terms of legalization for the estimated eleven million undocumented immigrants and the extent to which more funds should be dedicated to... 2014
Michael A. Scaperlanda Reflections on Immigration Reform, the Workplace and the Family 4 University of Saint Thomas Law Journal 508 (Spring 2007) I. Introduction. 509 II. Failed Efforts. 510 A. Previous Immigration Reform Efforts. 510 B. Causes of Failure. 512 III. Reform Proposals: Comprehensive Reform or Increased Enforcement Only. 515 IV. My Assessment. 518 A. Catholic Social Thought. 519 B. Plan for Change. 523 1. Close the Back Door. 523 2. Opening the Front Door to Guest Workers. 526... 2007
Sahar F. Aziz REFLECTIONS ON SECURITY, RACE, AND RIGHTS TWENTY-YEARS AFTER 9/11 12 Journal of National Security Law & Policy 135 (2021) L1-2Introduction . L3135 I. Race and Counterterrorism. 137 A. FBI Voluntary Interviews. 139 B. Terrorist Watch Lists. 140 C. Public Scrutiny and Government Surveillance. 141 II. Manufacturing Muslim Terrorism Through Predatory Sting Operations. 144 III. Insights for Future Policy Makers. 146 A. Be a Professional, Not a Politician. 147 B. Improve... 2021
Beth Caldwell REFLECTIONS ON THE RIGHT TO MOVE FREELY ACROSS BORDERS 50 Southwestern Law Review 359 (2021) The essays in this symposium highlight the depth and breadth of the injustice and inhumanity of U.S. immigration law. While injustice in immigration law is nothing new, the hateful rhetoric that has been routinely directed toward immigrants from the highest levels of government, and the extreme policies that accompany this rhetoric, have elevated... 2021
Eleanor Brown REFLECTIONS: MY MOTHER WHO FATHERED ME 72 Washington University Journal of Law & Policy 167 (2023) I went away from the window over the dripping sacks and into a corner which the weather had forgotten. And what did I remember? My father who had only fathered the idea of me had left me the sole liability of my mother who really fathered me. - George Lamming, In the Castle of My Skin, 11 Despite the prevalence of West Indian Americans and their... 2023
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