| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |
| Mary Romero |
Go after the Women: Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women and Their Children |
83 Indiana Law Journal 1355 (Fall, 2008) |
Protect Our Children, Secure Our Borders! is the rallying cry adopted by Mothers Against Illegal Aliens (MAIA), an Arizona-based women's anti-immigration group founded by Michelle Dallacroce in January 2006. Like other race-based nativist groups emerging in the United States, MAIA targets immigrants as the reason for overcrowded and low-achieving... |
2008 |
| Stella Burch Elias |
Good Reason to Believe: Widespread Constitutional Violations in the Course of Immigration Enforcement and the Case for Revisiting Lopez-mendoza |
2008 Wisconsin Law Review 1109 (2008) |
In 1984, the United States Supreme Court held in INS v. Lopez-Mendoza that the exclusionary rule does not ordinarily apply to respondents in immigration proceedings. However, the Court suggested that its opinion about the applicability of the exclusionary rule might change if constitutional violations by immigration officers became a widespread... |
2008 |
| Ian Long |
Have You Been an Un-american?: Personal Identification and Americanizing the Noncitizen Self-concept |
81 Temple Law Review 571 (Summer 2008) |
I. Introduction: The Current Immigration Debate. 572 II. Undocumented Immigrants and Personal Identification. 575 A. The Need for Personal Identification. 575 B. Attempts to Obtain Personal Identification for Undocumented Immigrants Enjoy Only Marginal (and Perhaps Temporary) Success. 578 1. Driver's Licenses. 578 2. Local Identification: The Elm... |
2008 |
| Fernando Garcia |
Human Rights and Immigrants in the U.s.: an Experience of Border Immigrant Communities |
22 Georgetown Immigration Law Journal 405 (Spring, 2008) |
While living and working with immigrant communities on the United States' southern border with Mexico, and intentionally using human rights to shape the Border Network for Human Rights' (BNHR) vision, strategies and tactics to organize those communities, it has become unavoidable to critically review the current international human rights framework... |
2008 |
| Lesley Wexler |
Human Rights Impact Statements: an Immigration Case Study |
22 Georgetown Immigration Law Journal 285 (Winter, 2008) |
The United States has long criticized other governments for their human rights abuses. Yet violations at home often go unobserved by both the government and the general public. A more proactive domestic policy, however, could prevent some of these human rights violations. Using Congress's mandate for environmental assessments and environmental... |
2008 |
| Kevin R. Johnson |
Hurricane Katrina: Lessons about Immigrants in the Administrative State |
45 Houston Law Review 11 (Symposium 2008) |
I. Introduction. 12 II. The Legal Landscape. 22 A. The Immigration Bureaucracy, Judicial Review, and the (Lack of the) Rule of Law. 26 B. Judicial Deference to the Immigration Bureaucracy. 33 1. The Plenary Power Doctrine. 33 2. Chevron Deference. 36 C. Summary. 43 III. Hurricane Katrina and Immigrants: The General Implications for Administrative... |
2008 |
| Stephanie Francis Ward |
Illegal Aliens on I.c.e. |
94-JUN ABA Journal 44 (June, 2008) |
When federal immigration and local Minnesota law enforcement agents entered several homes in Willmar in which undocumented workers were thought to be living, they were asked to show a search warrant. We don't need one, was one agent's response during last year's raid, according to a wrongful search action filed last April by 53 plaintiffs in... |
2008 |
| Garrett Kennedy |
Illegal Is Not Simply Illegal: the Broad Ramifications of a Pennsylvania Town's Attempt at Immigration Control, and the Inherent Problems of Racial Discrimination |
10 University of Pennsylvania Journal of Business and Employment Law 1029 (Summer 2008) |
In September, 2006, the Pennsylvania city of Hazleton passed the Hazleton Illegal Immigration Relief Act Ordinance (Hazleton Ordinance) designed to purge the city of crime stemming from the presence of illegal aliens and to make Hazleton one of the most difficult places in the U.S. for illegal immigrants. While the statute sought to assault... |
2008 |
| Michael A. Olivas |
Immigrants in the Administrative State and the Polity Following Hurricane Katrina |
45 Houston Law Review Rev. 1 (Symposium 2008) |
This year's Frankel Lecture topic is appropriate for several important reasons. First, Hurricane Katrina stands as one of the most important and tragic events of our time, combining elements of natural disaster, human tragedy, governmental incompetence, private sector indifference, racism, and extraordinary spectacle, as well as countervailing... |
2008 |
| James F. Hollifield , Valerie F. Hunt , Daniel J. Tichenor |
Immigrants, Markets, and Rights: the United States as an Emerging Migration State |
27 Washington University Journal of Law and Policy Pol'y 7 (2008) |
Since the end of World War II immigration in the core industrial democracies has been increasing. The rise in immigration is a function of market forces (demand-pull and supply-push) and kinship networks, which reduce the transaction costs of moving from one society to another. These economic and sociological forces are the necessary conditions for... |
2008 |
| Lucas Guttentag |
Immigration and American Values: Some Initial Steps for a New Administration |
35-FALL Human Rights 10 (Fall, 2008) |
The treacherous debate over immigration was remarkably muted during the presidential campaign. But the system's failures are unchanged, and the need for reform more urgent than ever. Today's dysfunction has multiple causes exacerbated by three seismic developments over the last twelve years. First, enormous changes to the immigration statute... |
2008 |
| Michael Blake |
Immigration and Political Equality |
45 San Diego Law Review 963 (November/December 2008) |
The act of immigration alters several forms of human relationship simultaneously. It represents a change in physical location and so alters the relationship between persons represented by geographic concepts such as territory and property. In immigrating, immigrants acquire a new place in the world that they may understand, in some sense of the... |
2008 |
| Kai Bartolomeo |
Immigration and the Constitutionality of Local Self Help: Escondido's Undocumented Immigrant Rental Ban |
17 Southern California Review of Law & Social Justice 855 (Summer 2008) |
And they had hoped to find a home, and they found only hatred. -John Steinbeck The City of Escondido sits about eighteen miles east of the California coast, just north of the heart of San Diego County. Once the home of ranches, farms and citrus groves, Escondido now has all the benefits of city living. In the words of City promoters, Escondido... |
2008 |
| Sandra Guerra Thompson |
Immigration Law and Long-term Residents: a Missing Chapter in American Criminal Law |
5 Ohio State Journal of Criminal Law 645 (Spring, 2008) |
I am a criminal law professor. I know about penal codes, police practices, sentencing, and the use of incarceration to punish criminals. Like most criminal law professors, I know precious little about American immigration law. I have always considered it to be a different part of the law school curriculum, and one that had little, if anything, to... |
2008 |
| Hiroshi Motomura |
Immigration Outside the Law |
108 Columbia Law Review 2037 (December, 2008) |
In current debates about undocumented or illegal immigration, three themes have emerged as central: the meaning of unlawful presence, the role of states and cities, and the integration of immigrants. This Essay's starting premise is that a reappraisal of these themes is essential to a conceptual roadmap of this difficult area of law and policy.... |
2008 |
| Bill Piatt , Ryan Professor of Law |
Immigration Reform from the Outside in |
10 Scholar: St. Mary's Law Review on Minority Issues 269 (Symposium 2008) |
I. Introduction. 270 II. Historical Extremes. 271 III. Contemporary Extreme Positions. 277 A. Closed Border Approach. 278 B. Open Border Plus Amnesty. 280 IV. Moving Inward. 282 A. Why do People Want to come to the United States?. 282 B. What Impact do New Arrivals Have on the Economy?. 282 C. What Would be the Costs and Benefits of Attempting to... |
2008 |
| Sandra Guerra Thompson |
Latinas and Their Families in Detention: the Growing Intersection of Immigration Law and Criminal Law |
14 William and Mary Journal of Women and the Law 225 (Winter, 2008) |
In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers... |
2008 |
| Michael A. Olivas |
Lawmakers Gone Wild? College Residency and the Response to Professor Kobach |
61 SMU Law Review 99 (Winter 2008) |
Of critical importance is the fact that all four of the [September 11th] hijackers who were stopped by local police prior to 9/11 had violated federal immigration laws and could have been detained by the state or local police officers. Indeed, there were only five hijackers who were clearly in violation of immigration laws while in the United... |
2008 |
| Jason G. Idilbi |
Local Enforcement of Federal Immigration Law: Should North Carolina Communities Implement 287(g) Authority? |
86 North Carolina Law Review 1710 (September, 2008) |
Introduction. 1710 I. Section 287(g) and the Structure and Enforcement of Federal Immigration Law at the State and Local Level. 1714 II. The Use of 287(g) Agreements in North Carolina and State Encouragement. 1718 III. The Effects of Immigration in North Carolina and Benefits of 287(g) Agreements. 1720 IV. Drawbacks of 287(g) Agreements. 1725 A.... |
2008 |
| Liav Orgad |
Love and War: Family Migration in Time of National Emergency |
23 Georgetown Immigration Law Journal 85 (Fall, 2008) |
Is there a constitutional right to family-sponsored immigration? What does love have to do with it? Is family immigration about rights of citizens or interests of aliens? Can the nation invoke the war justification for regulating family immigration by excluding enemy aliens en masse? Can the nation stigmatize alien family members as a potential... |
2008 |
| Tori Andrea |
Missouri Steps up Efforts in Immigration Enforcement |
22 Georgetown Immigration Law Journal 357 (Winter, 2008) |
On August 27, 2007, Governor of Missouri Matt Blunt announced a series of new initiatives that increase the purview of state law enforcement officials to enforce laws against illegal immigration. We cannot be complacent about illegal immigration, Governor Blunt stated, and we cannot wait for Washington to stop unlawful immigration. Accordingly,... |
2008 |
| Kevin R. Johnson |
Most RelevantA Handicapped, Not "Sleeping," Giant: the Devastating Impact of the Initiative Process on Latina/o and Immigrant Communities |
96 California Law Review 1259 (October, 2008) |
Despite being questioned on many grounds, direct democracy remains popular in many states. Calls for reform of the initiative process abound. Consider a few frequently expressed concerns about initiative lawmaking. Some critics contend that direct democracy benefits well-financed interest groups--often derided as special interests--that are able... |
2008 |
| Catharine Slack |
Municipal Targeting of Undocumented Immigrants' Travel in the Post 9/11 Suburbs: Waukegan, Illinois Case Study |
22 Georgetown Immigration Law Journal 485 (Spring, 2008) |
As the U.S. went to war on terrorism, the small Midwestern city of Waukegan began confiscating undocumented immigrants' cars. Waukegan's towing policy demonstrates the post 9/11 trend of restricting undocumented immigrants' travel inside our nation's borders. This article locates Waukegan's policy within that trend and the older trend of increasing... |
2008 |
| Lauren Gilbert |
National Identity and Immigration Policy in the U.s. and the European Union |
14 Columbia Journal of European Law 99 (Winter 2007/2008) |
This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part I discusses... |
2008 |
| Lauren Gilbert |
National Identity and Immigration Policy in the U.s. and the European Union |
14 Columbia Journal of European Law 99 (Winter, 2007/2008) |
This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part II discusses... |
2008 |
| Chaim Gans |
Nationalist Priorities and Restrictions in Immigration: the Case of Israel |
2 Law & Ethics of Human Rights 12 (January, 2008) |
It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel... |
2008 |
| Tom I. Romero, II, J.D., Ph.D. |
No Brown Towns: Anti-immigrant Ordinances and Equality of Educational Opportunity for Latina/os |
12 Journal of Gender, Race and Justice 13 (Fall 2008) |
multi-racial community seems equally fundamental. Since the 1990s, the percentage of students of every race in multiracial groups has increased. Segregation is no longer black and white but increasingly multiracial. In 1972, the United States Supreme Court in Spencer v. Kugler affirmed without comment New Jersey's statutory scheme compelling... |
2008 |
| Rick Su |
Notes on the Multiple Facets of Immigration Federalism |
15 Tulsa Journal of Comparative & International Law 179 (Spring 2008) |
Immigration is a national issue and a federal responsibility. To describe it solely in those terms today seems almost wistfully passé. There is increasing skepticism as to the federal government's willingness or ability to regulate immigration in the twenty-first century. At the same time, there appears to be growing enthusiasm for an increased... |
2008 |
| César Cuauhtémoc García Hernández |
Of Inferior Stock: the Two-pronged Repression of Radical Immigrant Birth Control Advocates at the Turn-of-the-twentieth Century |
20 Saint Thomas Law Review 513 (Spring 2008) |
I. Introduction. 513 II. Birth Control: A Threat to Morality. 516 III. Immigration Law and the Threat of the Dysgenic Hordes. 521 IV. Convergence of Immigration Law & Criminal Law. 527 V. Conclusion. 536 |
2008 |
| Raquel Aldana |
Of Katz and "Aliens": Privacy Expectations and the Immigration Raids |
41 U.C. Davis Law Review 1081 (February, 2008) |
This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples' homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment,... |
2008 |
| Timothy J. Lukes , Minh T. Hoang |
Open and Notorious: Adverse Possession and Immigration Reform |
27 Washington University Journal of Law and Policy 123 (2008) |
The first thing visitors see upon arrival to Kelley Park and its San Jose Historical Museum is a replica of the gigantic light tower that briefly straddled the corner of Santa Clara and Market Streets. The tower was built by J. J. Owen, whose enlightenment interests also inspired his purchase of the San Jose Mercury, where a poetic supporter waxed... |
2008 |
| Kevin R. Johnson |
Opening the Floodgates: Why America Needs to Rethink its Borders and Immigration Laws |
61 SMU Law Review Rev. 3 (Winter 2008) |
TIME and time again, U.S. immigration law has been well behind global and domestic changes, resulting in numerous laws and incidents that we now regret as a nation. Sadly, the United States is still behind the times. In terms of immigration policy, the nation still lives in a world of kingdoms with moats, walls, and barriers, rather than a modern... |
2008 |
| Lindsay N. Wise |
People Not Equal: a Glimpse into the Use of Profiling and the Effect a Pending U.n. Human Rights Committee Case May Have on United States' Policy |
14 Washington and Lee Journal of Civil Rights and Social Justice 303 (Spring, 2008) |
C1-3Table of Contents I. Introduction. 303 II. Incidents of Unequal Treatment and Profiling of Aliens in the United States. 305 III. Why Profiling is Permitted When Applied to Aliens: An Overview of Immigration Law in the United States. 311 IV. Why the Plenary Power Doctrine Should be Modified to Prevent Discriminatory Profiling of Aliens. 314 V.... |
2008 |
| Bryan Boyle |
Private Damages for Immigration Violations: a Reality for the U.s.; a Possibility for the E.u. |
7 Washington University Global Studies Law Review 569 (2008) |
Host countries have attempted to develop creative ways to address immigration issues in an effort to reach fair and sustainable solutions to the problems posed by large waves of immigration. A variety of party interests affect host countries' decisions in this arena. On one hand, these countries consider the rights of immigrants, even those of... |
2008 |
| Adrian J. Rodríguez |
Punting on the Values of Federalism in the Immigration Arena? Evaluating Operation Linebacker, a State and Local Law Enforcement Program along the U.s.-mexico Border |
108 Columbia Law Review 1226 (June, 2008) |
Attempting to combat drug trafficking and immigrant smuggling, a coalition of sheriffs' departments increased police presence along the United States's border with Mexico. Dubbed Operation Linebacker, sheriff deputies have increased patrols and, in some cases, set up vehicle checkpoints to deter crime along the border. In Texas, the Governor has... |
2008 |
| 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 |
| Michael Scaperlanda |
Religious Freedom in the Face of Harsh State and Local Immigration Laws |
15 Tulsa Journal of Comparative & International Law 165 (Spring 2008) |
In recent years, the issue of illegal immigration has taken center stage on the American political scene. In 2005, the House Judiciary Committee estimated that eleven million aliens resided in this country illegally, with another 500,000 moving to the United States annually. Two approaches emerged to deal with this tide: an enforcement first model,... |
2008 |
| Lior Jacob Strahilevitz |
Reputation Nation: Law in an Era of Ubiquitous Personal Information |
102 Northwestern University Law Review 1667 (Fall 2008) |
Introduction. 1668 I. The Reputation Revolution and the Law. 1670 A. Existing Scholarship on Consumer Information and Discrimination. 1675 B. Landlord-Tenant Law. 1677 C. Antidiscrimination Law. 1682 D. Jury Selection. 1688 E. Medical Diagnosis and Treatment. 1695 F. Insurance. 1698 G. Immigration Law. 1699 H. Consumer Protection Law. 1706 II. When... |
2008 |
| Nancy Morawetz |
Rethinking Drug Inadmissibility |
50 William and Mary Law Review 163 (October, 2008) |
Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero-tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It... |
2008 |
| Matthew S. Mulqueen |
Rethinking the Role of the Exclusionary Rule in Removal Proceedings |
82 Saint John's Law Review 1157 (Summer 2008) |
On December 12, 2006, the Department of Homeland Security's Immigration and Customs Enforcement (DHS ICE) swept up over 12,000 meatpacking workers in the largest immigration raid in the Nation's history. While Secretary of Homeland Security Michael Chertoff praised the raids as part of the Nation's comprehensive plan to combat illegal immigration... |
2008 |
| Jennifer Gordon , R.A. Lenhardt |
Rethinking Work and Citizenship |
55 UCLA Law Review 1161 (June, 2008) |
This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of... |
2008 |
| Jennifer M. Hansen |
Sanctuary's Demise: the Unintended Effects of State and Local Enforcement of Immigration Law |
10 Scholar: St. Mary's Law Review on Minority Issues 289 (Symposium 2008) |
I. Introduction. 290 A. Criminal vs. Civil Enforcement. 292 B. Authority. 293 C. Currently Proposed Legislation. 296 D. Effect of Proposed Legislation. 297 II. Legal Background. 298 A. Precedent. 300 B. The Department of Justice Memos. 301 C. Statutes (the 1996 Laws). 302 1. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 302... |
2008 |
| Sara Catherine Barnhart |
Second Class Delivery: the Elimination of Birthright Citizenship as a Repeal of "The Pursuit of Happiness" |
42 Georgia Law Review 525 (Winter, 2008) |
Immigrants are dirty and lazy . . . . They will never be Americans like us. Historically, anti-immigration backlashes have followed large waves of immigration to the United States. Nativism was evident in America as early as the days of Benjamin Franklin even though, aside from the Native Americans, few Americans were truly native.... |
2008 |
| Raquel E. Aldana |
Silent Victims No More?: Moral Indignation and the Potential for Latino Political Mobilization in Defense of Immigrants |
45 Houston Law Review 73 (Symposium 2008) |
I. Introduction. 74 II. Electoral Politics and Latina/o Voters. 83 A. The Numbers: 2006 Elections and Predictions for 2008. 85 B. Latino Voters on Immigration. 88 III. The Promise of Nonelectorate Latino Civic Engagement: The 2006 Immigration Marches and Beyond. 92 IV. Conclusion. 97 Media reports identified at least 50 of the 130 victims of the... |
2008 |
| Juliet P. Stumpf |
States of Confusion: the Rise of State and Local Power over Immigration |
86 North Carolina Law Review 1557 (September, 2008) |
Federal immigration law has evolved from a stepchild of foreign policy into a national legislative and regulatory scheme that intersects with the triumvirate of state power: criminal law, employment law, and welfare. Shifting the locus of immigration law out of the category of foreign affairs and into these domestic spheres casts immigration law... |
2008 |
| Kathryn Nicole Lewis |
Streets of Wrath: the Constitutionality of the Town of Jupiter's Non-solicitation Ordinance |
37 Stetson Law Review 471 (Winter 2008) |
Whether it is discussed in the context of homeland security, economic implications, or allegations of racism, the issue of immigration is a perennial hot-button topic. Though much of the debate and discussion takes place at the national level as various talking heads argue the merits of guest-worker programs versus fence-building initiatives, the... |
2008 |
| Ediberto Román |
The Alien Invasion? |
45 Houston Law Review 841 (Summer 2008) |
I. Introduction. 842 II. The Invasion?. 843 III. The Empirical Data. 856 A. The Alleged Invasion. 857 B. Immigrants' Economic Impact. 858 C. Immigrants' Impact on Crime Rates. 862 IV. The State and Local Government Attacks Against Immigration. 867 V. A History of Invitation and Exclusion. 870 VI. The Psychological Impact of the Anti-Immigrant... |
2008 |
| Kimberly Jantz |
The Boiling Point: Does Oklahoma Have a Role to Play in Creating Immigration Law or a Responsibility to Allow the Federal Government to Independently Manage Reform, Borders, and Treaties? |
15 Tulsa Journal of Comparative & International Law 243 (Spring 2008) |
America is not a melting pot. It is a sizzling cauldron. - Barbara Mikulski Gary Rutledge, a professor at Rogers State College in Claremore, Oklahoma, discovered firsthand the practical problems caused by illegal immigration when he had a car accident in Tulsa. While no one involved in the accident was seriously injured, the damage done to... |
2008 |