| Author | Title | Citation | Summary | Year |
| Matthew J. Lindsay |
Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power |
45 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter 2010) |
This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government's authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress's commerce authority, into a power that was... |
2010 |
| Rick Su |
Immigration as Urban Policy |
38 Fordham Urban Law Journal 363 (November, 2010) |
Immigration has done more to shape the physical and social landscape of many of America's largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national... |
2010 |
| G.M. Filisko |
Immigration Rx |
96-JUL ABA Journal 64 (July, 2010) |
THE QUEStion of how to revamp U.S. immigration policy hasn't quite moved to the top of the agenda on Capitol Hill, but when the talk about immigration reform does get serious, the ABA plans to be part of the conversation. Actually, the ABA already has taken steps to carve out policy positions on certain immigration issues, and the association is... |
2010 |
| Rachel Zoghlin |
Insecure Communities: How Increased Localization of Immigration Enforcement under President Obama Through the Secure Communities Program Makes Us less Safe, and May Violate the Constitution |
6 Modern American 20 (Fall, 2010) |
An undocumented immigrant who lives in Maryland was recently stopped by the police while walking to the Hyattsville Metro Station to go to work. Short, darkskinned and Latino, with long, black hair, the police told him that he resembled someone suspected of mugging an old woman a few blocks away. The police questioned him about his whereabouts... |
2010 |
| John J. Ammann |
Introduction |
29 Saint Louis University Public Law Review 369 (2010) |
The Hazleton, Pennsylvania, City Council. The Arizona Legislature. The Valley Park, Missouri, Board of Aldermen. The Congress of the United States. When it comes to regulation of immigration, the first three legislative bodies have been more active in the last few years than the fourth, even though there is a strong argument to be made that... |
2010 |
| L. Darnell Weeden |
It Is Discriminatory for Arizona or Society to Engage in the Anti-immigration Practice of Profiling Hispanics for Speaking Spanish |
12 Loyola Journal of Public Interest Law 109 (Fall 2010) |
This article addresses whether it is a discriminatory practice for Arizona or society to engage in the practice of profiling Hispanics for speaking Spanish. It first looks at whether the United States Constitution allows Arizona to implement an anti-immigration law, S.B. 1070, that creates a presumption that speaking Spanish by a person Hispanic in... |
2010 |
| Kevin R. Johnson |
It's the Economy, Stupid: the Hijacking of the Debate over Immigration Reform by Monsters, Ghosts, and Goblins (Or the War on Drugs, War on Terror, Narcoterrorists, Etc.) |
13 Chapman Law Review 583 (Spring 2010) |
The title to this conference -- Drug War Madness: Policies, Borders, and Corruption--brings to mind many images, few of them positive. Although Mexico is not mentioned in the conference title, much of the live symposium at which this paper was originally presented discussed drug war madness in connection with the United States and Mexico. My... |
2010 |
| Kimberly A. Arkin, Boston University |
Judging Mohammed: Juvenile Delinquency, Immigration, and Exclusion at the Paris Palace of Justice Susan Terrio (Stanford, Ca: Stanford University Press, 2009) |
33 PoLAR: Political and Legal Anthropology Review 158 (May, 2010) |
Susan Terrio begins Judging Mohammed: Juvenile Delinquency, Immigration, and Exclusion at the Paris Palace of Justice with a puzzle: why does the anxious French public engage in a discourse about a new form of delinquency among minority youth (a delinquency of exclusion) when overall crime rates are actually declining? This question situates... |
2010 |
| Rick Su |
Local Fragmentation as Immigration Regulation |
47 Houston Law Review 367 (Spring 2010) |
I. Introduction. 368 II. The Intersection of Immigration and Local Government Law. 371 A. Space, Immigration, and the Internalization of Boundary Controls. 373 1. The Multiple Significance of Spatial Fragmentation. 373 2. The Joint Construction of Spatial Fragmentation. 378 3. The Shared History of Spatial Fragmentation. 383 B. Community,... |
2010 |
| Mimi E. Tsankov , Christina J. Martin |
Measured Enforcement: a Policy Shift in the Ice 287(g) Program |
31 University of La Verne Law Review 403 (May, 2010) |
On any given Tuesday, Thursday, and Saturday morning, representatives of the Esperanza Immigrant Rights Project of Catholic Charities of Los Angeles, Inc. (hereinafter Esperanza) convene inmates at the Los Angeles County Men's Central Jail (MCJ) to participate in a legal rights presentation. This presentation guides foreign-born males at MCJ... |
2010 |
| Ingrid V. Eagly |
Most RelevantProsecuting Immigration |
104 Northwestern University Law Review 1281 (Fall 2010) |
Introduction. 1281 I. The Conventional View of Immigration and Criminal Law. 1291 A. Doctrinal Equality. 1291 B. Institutional Autonomy. 1294 II. The Practice of Prosecuting Immigration. 1300 A. Procedure. 1304 B. Structure. 1320 III. The Structural Implications of Immigration Enforcement. 1337 A. Immigration Enforcement, Incentives, and Equality.... |
2010 |
| |
Panel Two: Should There Be Remote Public Access to Court Filings in Immigration Cases? |
79 Fordham Law Review 25 (October, 2010) |
JUDGE HINKLE: This next panel is a more specific application of some of the general principles that were addressed in the panel that we just finished. When CACM was first developing the privacy policies that led later to the adoption of the rules that we are operating under, Social Security cases were cut out for different treatment than all other... |
2010 |
| Augustina Reyes |
Post Katrina Children: the Education of Immigrant Children in New Orleans |
11 Loyola Journal of Public Interest Law 249 (Spring 2010) |
The first thing we want to do after a disaster is to get that yellow school bus running in the community picking up kids for school. Schools may not be ready to start serious instruction but the yellow school bus is a symbol that following a disaster, life is returning to normalcy. Schools are an American institution that profoundly touch the lives... |
2010 |
| Mark S. Grube |
Preemption of Local Regulations Beyond Lozano V. City of Hazleton: Reconciling Local Enforcement with Federal Immigration Policy |
95 Cornell Law Review 391 (January, 2010) |
Introduction. 392 I. Immigration Regulation at the Federal and Local Levels. 396 A. The Nineteenth Century. 396 B. Modern Immigration Legislation. 397 C. Recent Municipal Ordinances. 398 II. Challenges to Local Employer-Sanctions Laws. 400 A. De Canas and Categories of Preemption. 400 B. Express Preemption. 402 C. Field Preemption. 405 D. Conflict... |
2010 |
| Maria Marulanda |
Preemption, Patchwork Immigration Laws, and the Potential for Brown Sundown Towns |
79 Fordham Law Review 321 (October, 2010) |
The raging debate about comprehensive immigration reform is ripe ground to overhaul federal exclusivity in the immigration context and move toward a cooperative federal and state-local model. The proliferation of immigration-related ordinances at the state and local level reflects lawful attempts to enforce immigration law to conserve limited... |
2010 |
| Geoffrey Heeren |
Pulling Teeth: the State of Mandatory Immigration Detention |
45 Harvard Civil Rights-Civil Liberties Law Review 601 (Summer 2010) |
During the three years that Mohammad Azam Hussain was in the custody of the Department of Homeland Security (DHS), he lost three teeth. The dentist who pulled those teeth suggested that Hussain would keep losing teeth until he received periodontal surgery. Hussain had developed gum disease while in DHS custody--a condition he blamed on poor... |
2010 |
| George A. Martinez |
Race, American Law and the State of Nature |
112 West Virginia Law Review 799 (Spring, 2010) |
L1-2Abstract L3799 I. Introduction. 800 II. State of Nature Theory: Hobbes and Spinoza. 802 A. Hobbes. 803 B. Spinoza. 805 III. Racial Minorities in the State of Nature. 806 A. African-Americans and the State of Nature. 806 B. Native Americans and the State of Nature. 811 C. Mexican-Americans and Lack of Constraint. 815 D. Immigration and Plenary... |
2010 |
| Liav Orgad , Theodore Ruthizer |
Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case |
26 Constitutional Commentary 237 (Spring 2010) |
120 years ago, in May 1889, the U.S. Supreme Court ruled that the power of exclusion of foreigners being an incident of sovereignty . . . cannot be granted away or restrained. Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that it is not within the... |
2010 |
| 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 |
| Emily B. Kanstroom |
Sans-papiers, sans Recourse? Challenging Recent Immigration Laws in France |
33 Boston College International and Comparative Law Review 87 (Winter, 2010) |
Abstract: The 1789 Declaration of the Rights of Man and of the Citizen established natural and inalienable rights not only for French citizens but also for all of humanity. This historic commitment to fundamental rights and liberties notwithstanding, immigrants without legal documents living in France (sans-papiers) often do not benefit from some... |
2010 |
| Ashley Arcidiacono |
Silencing the Voices of Battered Women: How Arizona's New Anti-immigration Law "Sb1070" Prevents Undocumented Women from Seeking Relief under the Violence Against Women Act |
47 California Western Law Review 173 (Fall 2010) |
Claudia flinches as she touches the side of her face where her husband just slapped her. She hadn't properly greeted him when he came home from a long day of work. It seems she never greets him properly; sometimes, he is mad when she doesn't act excited enough, and other times, he wants her out of his way. He is so unpredictable. But what is... |
2010 |
| Gloria Valencia-Weber, Antoinette Sedillo Lopez |
Stories in Mexico and the United States about the Border: the Rhetoric and the Realities |
5 Intercultural Human Rights Law Review 241 (2010) |
Immigration was a hot topic before the failure of the June 2007 United States (U.S.) President's Immigration Reform Bill and remains so today. President Obama has promised to work on comprehensive immigration reform. This initiative will, of course, involve popular discourse and press coverage. During the time in which the 2007 Immigration Reform... |
2010 |
| Karla Mari McKanders |
Sustaining Tiered Personhood: Jim Crow and Anti-immigrant Laws |
26 Harvard Journal on Racial & Ethnic Justice 163 (Spring 2010) |
Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many... |
2010 |
| Bill Ong Hing |
Teaching Immigration Law and Immigrant Rights from Your Own Caseload |
54 Saint Louis University Law Journal 877 (Spring 2010) |
The case began about two months earlier. Do you have time to come to our next staff meeting to go over the preference system and grounds of deportation? I was on the phone with Vera Haile, a counselor and paralegal at the International Institute. Vera was a veteran counselor at the institute, working with foreign students on English language... |
2010 |
| Jennifer M. Chacón |
Tensions and Trade-offs: Protecting Trafficking Victims in the Era of Immigration Enforcement |
158 University of Pennsylvania Law Review 1609 (May, 2010) |
Introduction. 1609 I. Framing Antitrafficking Policy Within the Discourse of Migrant Criminality. 1617 A. Trafficking as an Immigration Crime. 1618 B. Victim Vulnerability and the Myth of Migrant Criminality. 1628 II. Antitrafficking Enforcement and the Criminalization of Migration. 1636 A. Border Control Policy as Antitrafficking Policy. 1637 B.... |
2010 |
| Francesca Strumia |
Tensions at the Borders in the U.s. and the E.u.: the Quest for State Distinctiveness and Immigrant Inclusion |
25 American University International Law Review 969 (2010) |
INTRODUCTION. 970 I. STATE DISTINCTIVENESS VS. IMMIGRANTS' INCLUSION: THE ROLE OF INTERNAL BORDERS. 975 A. Distinctiveness vs. Inclusion in the Chen Case. 975 B. The Role of Internal Borders. 980 Table 1 Internal Borders Classification. 983 II. A MAP OF U.S. AND E.U. INTERNAL BORDERS. 983 A. Admission and Treatment of Immigrants. 984 1. Admission... |
2010 |
| Lucy Panza |
The (Un)holy Trinity: Unconscionable Contracts Between Latinas and the Family, Religion, and the State |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 299 (Fall, 2010) |
Cecilia is a 44-year old Mexican immigrant living in the Adams Morgan neighborhood of the District of Columbia. She entered the United States illegally with her husband, Ernesto, in 2001 while she was pregnant with her first son, Antonio. He was born shortly after they settled in D.C. Ever since she and Ernesto arrived, Cecilia has been working... |
2010 |
| Margaret McEntire |
The Constriction of Rights: a Property Law Approach to City-based Immigration Initiatives That Place Rental Bans on City Ballots |
12 Scholar: St. Mary's Law Review on Minority Issues 291 (Winter 2010) |
I. Introduction. 292 II. Background. 295 A. Genesis and Evolution of Rental Ban Ordinances. 295 B. Conflict of Laws. 296 C. Rental Ban Layout. 297 1. Prohibitions and Requirements for Property Owners. 297 2. Punitive Measures for Violators. 298 3. Harboring Leads to Prosecution. 299 D. Parallel Ordinances and the Alleged Reasoning Behind Their... |
2010 |
| T.S. Twibell |
The Development of Gender as a Basis for Asylum in United States Immigration Law and under the United Nations Refugee Convention: Case Studies of Female Asylum Seekers from Cameroon, Eritrea, Iraq and Somalia |
24 Georgetown Immigration Law Journal 189 (Winter, 2010) |
Enhancing understanding of and sensitivity to gender-related issues will improve U.S. asylum adjudications . it is important that United States asylum adjudicators understand those complexities and give proper consideration to gender-related claims. Legacy INS Policy Memorandum Regarding Adjudicating Asylum Cases on the Basis of Gender, United... |
2010 |
| Huyen Pham , Pham Hoang Van |
The Economic Impact of Local Immigration Regulation: an Empirical Analysis |
32 Cardozo Law Review 485 (November, 2010) |
A wave of local anti-immigration laws has swept the country, triggering contentious debate and raising significant legal and policy issues. One critical dimension that has been largely ignored, however, is the economic impact of these laws: Are jurisdictions with them better off economically than those without them? In the first empirical study of... |
2010 |
| Kristina M. Campbell |
The High Cost of Free Speech: Anti-solicitation Ordinances, Day Laborers, and the Impact of "Backdoor" Local Immigration Regulations |
25 Georgetown Immigration Law Journal L.J. 1 (Fall, 2010) |
This paper examines how local efforts to regulate the activities of immigrants, while not regulation of immigration per se, can have a substantial and detrimental effect on the civil rights of immigrants and Latinos. It will discuss how day laborers--individuals, mostly Latino men, who seek short-term employment in public fora--are routinely... |
2010 |
| M. Kathleen Dingeman , Rubén G. Rumbaut |
The Immigration-crime Nexus and Post-deportation Experiences: En/countering Stereotypes in Southern California and El Salvador |
31 University of La Verne Law Review 363 (May, 2010) |
Most of our attention to crime among immigrants has not been due to a desire to try to understand crime. Our judgments have been colored by our prejudices . . . and evidence to the contrary is neither sought nor welcome. The continued indictment for criminality of those just arrived is as old as the history of our country, and has been directed,... |
2010 |
| Sandra J. Durkin |
The Legal Arizona Workers Act and Preemption Doctrine |
15 Michigan Journal of Race and Law 417 (Spring 2010) |
In recent years, a spate of states passed laws regulating the employment of undocumented immigrants. This Note argues that laws that impose civil sanctions on employers that hire undocumented immigrants are preempted by both federal immigration law and federal labor law. The Note focuses specifically on the Legal Arizona Workers Act because it went... |
2010 |
| Scott C. Titshaw |
The Meaning of Marriage: Immigration Rules and Their Implications for Same-sex Spouses in a World Without Doma |
16 William and Mary Journal of Women and the Law 537 (Spring, 2010) |
An estimated 35,000 U.S. citizens are living in our country with same-sex foreign partners, but these couples have no right to stay here together on the basis of their relationship. Many of these Americans are faced with a choice between their partners and the country they love. This is true even if the couple is legally married in one of the... |
2010 |
| Rick Su |
The Overlooked Significance of Arizona's New Immigration Law |
108 Michigan Law Review First Impressions 76 (May, 2010) |
Immigration has once again become the subject of widespread interest and public debate. This renewed interest, however, was not the result of Harry Reid's vow that the Senate will tackle comprehensive immigration reform sometime this year. Nor was it prompted by new policy initiatives with respect to immigration enforcement being implemented by the... |
2010 |
| Barbara Hines |
The Right to Migrate as a Human Right: the Current Argentine Immigration Law |
43 Cornell International Law Journal 471 (Fall 2010) |
Introduction. 472 I. Historical Background and Constitutional Framework of Argentine Immigration Law. 474 A. Historical Background. 474 B. Constitutional Framework. 476 C. Prior Immigration Law. 479 1. Avellaneda Law and the Law of Residency. 479 2. The Videla Law. 480 II. The New Immigration Law. 482 A. Events and Advocacy Leading to the Passage... |
2010 |
| Hiroshi Motomura |
The Rights of Others: Legal Claims and Immigration Outside the Law |
59 Duke Law Journal 1723 (May, 2010) |
This Article analyzes the rights of unauthorized migrants and elucidates how these noncitizens are incompletely but importantly integrated into the U.S. legal system. I examine four topics: (1) state and local laws targeting unauthorized migrants, (2) workplace rights and remedies, (3) suppression of evidence from an unlawful search or seizure, and... |
2010 |
| David Bacon, Bill Ong Hing |
The Rise and Fall of Employer Sanctions |
38 Fordham Urban Law Journal 77 (November, 2010) |
Workplace raids by gun-wielding Immigration and Customs Enforcement (ICE) agents that resulted in the mass arrests of dozens and sometimes hundreds of employees have ceased under the Obama administration. But silent raids, or audits of companies' records by federal agents, that replaced them have resulted in the firing of thousands of... |
2010 |
| Karla Mari McKanders |
The Unspoken Voices of Indigenous Women in Immigration Raids |
14 Journal of Gender, Race and Justice Just. 1 (Fall 2010) |
Like the canary's distress, which alerted miners to poison in the air, issues of race point to conditions in American society that endanger us all. --Lani Guinier, The Miner's Canary Like the canary in the mine, the voices of indigenous Guatemalan women detained in immigration raids signal conditions within the immigration system in need of change.... |
2010 |
| Caleb E. Mason |
The Use of Immigration Status in Cross-examination of Witnesses: Scope, Limits, Objections |
33 American Journal of Trial Advocacy 549 (Spring, 2010) |
Federal immigration reform and state immigration laws have claimed a prominent place in the current political conversation. Here, Professor Mason outlines the use of illegal immigration status in the impeachment of witnesses with an emphasis on the pretrial discovery process. Courts have rarely had the occasion to address the question of whether,... |
2010 |
| Shani M. King |
U.s. Immigration Law and the Traditional Nuclear Conception of Family: Toward a Functional Definition of Family That Protects Children's Fundamental Human Rights |
41 Columbia Human Rights Law Review 509 (Winter 2010) |
Although the paramount purpose of United States immigration law is not to protect the integrity of family, U.S. immigration law does explicitly aim to do so in certain circumstances. The Immigration and Nationality Act (INA) includes family reunification provisions, for example, which allow United States citizens and lawful permanent residents to... |
2010 |
| Amy Wolper |
Unconstitutional and Unnecessary: a Cost/benefit Analysis of "Crimes Involving Moral Turpitude" in the Immigration and Nationality Act |
31 Cardozo Law Review 1907 (April, 2010) |
The 1980s and 1990s initiated a period of drastic change in the landscape of American immigration law. Since the late 1980s, immigration reforms have targeted the growing population of criminal aliens. The 1996 reforms were particularly severe; they dramatically expanded inadmissibility and deportation grounds for criminal aliens and increased the... |
2010 |
| Kavitha Sreeharsha |
Victims' Rights Unraveling: the Impact of Local Immigration Enforcement Policies on the Violence Against Women Act |
11 Georgetown Journal of Gender and the Law 649 (2010) |
I. Background. 651 A. Local Enforcement of Immigration Law. 651 1. The 287(g) Program. 651 2. The Secure Communities Program. 655 3. Criminal Alien Program (CAP). 656 4. State and Local Anti-Immigration Laws. 657 B. Immigrant Victims. 658 1. VAWA: Law Enforcement and Domestic Violence. 658 2. Immigration Relief Under the Violence Against Women Act.... |
2010 |
| Keith Aoki , John Shuford |
Welcome to Amerizona--immigrants Out!: Assessing "Dystopian Dreams" and "Usable Futures" of Immigration Reform, and Considering Whether "Immigration Regionalism" Is an Idea Whose Time Has Come |
38 Fordham Urban Law Journal L.J. 1 (November, 2010) |
In this essay, we introduce the heuristics of dystopian dream and usable future to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism as reflected in legislative and law enforcement activities, policy proposals, speeches, and scholarship. We... |
2010 |
| Janet L. Dolgin , Katherine R. Dieterich |
When Others Get Too Close: Immigrants, Class, and the Health Care Debate |
19 Cornell Journal of Law & Public Policy 283 (Spring 2010) |
This Article describes one genre of contemporary anti-immigrant rhetoric, examines the social and economic forces that engender that rhetoric, and delineates its implications for the national debate about health care reform. The Article details the underlying significance of America's opaque, yet highly competitive, class system to immigration... |
2010 |
| Alexandria Walden |
Abortion Rights for Ice Detainees: Evaluating Constitutional Challenges to Restrictions on the Right to Abortion for Women in Ice Detention |
43 University of San Francisco Law Review 979 (Spring 2009) |
IMMIGRATION HAS BEEN a perpetual hot topic throughout American history. Debates surrounding immigration policy reform have spurred several major legislative initiatives over the last fifteen years. In 1996, Congress made significant changes to immigration law in the wake of the Oklahoma City bombing with the passage of two laws: the Illegal... |
2009 |
| Marcela Mendoza , Edward M. Olivos |
Advocating for Control with Compassion: the Impacts of Raids and Deportations on Children and Families |
11 Oregon Review of International Law 111 (2009) |
I. Growth and Expansion of Immigration Enforcement Operations. 113 II. Impacts of Raids and Deportations on Children, Families, and Communities. 116 L1-2Conclusion . L3121 |
2009 |
| Rev. Craig Kyle Hemphill, Esq. |
Am I My Brother's Keeper?: Immigration Law Reform and the Liberty That Is America (A Legal, Theological and Ethical Observation on the Debate of Allowing Immigrant Amnesty). |
15 Texas Hispanic Journal of Law and Policy 51 (Spring 2009) |
I. Immigration. 53 II. History. 54 A. 1986 Act. 54 B. Section 245(i). 55 III. Immigrant Amnesty. 56 A. An Ex-Post Status Determination is Okay. 56 1. Migration and Contribution. 57 B. Immigration through Ethics and Theology. 58 1. The Human Being as Worth. 58 a. comparative theology and ethics regarding human rights--world religions' perspectives... |
2009 |
| Rigel C. Oliveri |
Between a Rock and a Hard Place: Landlords, Latinos, Anti-illegal Immigrant Ordinances, and Housing Discrimination |
62 Vanderbilt Law Review 55 (January, 2009) |
Introduction. 56 I. The AII Ordinances. 59 A. Background. 59 B. Housing Provisions. 61 1. Complaint-Driven Enforcement Procedures. 62 2. Pre-authorization. 63 C. Preemption: Hazleton and Beyond. 65 II. Probable Results of AII Housing Ordinances. 72 A. Multiple Groups Likely to Be Affected. 72 B. Violations of the Fair Housing Act Likely. 81 1.... |
2009 |
| Freddy Funes |
Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case |
11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) |
I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... |
2009 |