Ingrid Eagly , Steven Shafer , Jana Whalley Detaining Families: a Study of Asylum Adjudication in Family Detention 106 California Law Review 785 (June, 2018) The United States currently detains more families seeking asylum than any nation in the world, but little is known about how these families fare in the immigration court process. In this Article, we analyze government data from all immigration court cases initiated between 2001 and 2016 to provide the first empirical analysis of asylum adjudication... 2018
Aaron Korthuis Detention and Deterrence: Insights from the Early Years of Immigration Detention at the Border 129 Yale Law Journal Forum 238 (November 25, 2019) ABSTRACT: Throughout the past several years, in the Trump and Obama Administrations alike, federal immigration authorities have advanced the use of detention as a deterrent to dissuade immigrants from seeking refuge in the United States. That detention often lasts for months, and even years, causing some immigrants to give up their cases, while... 2019
Pamela Theodoredis Detention of Alien Juveniles: Reno V. Flores 12 New York Law School Journal of Human Rights 393 (Spring, 1995) The Supreme Court, in Reno v. Flores, upheld a regulation promulgated by the Immigration and Naturalization Service (INS) requiring that alien juveniles who are suspected of being deportable be placed with government selected or operated institutions, where no parent, close relative, or legal guardian is available to assume custody. Despite the... 1995
Bridget Stubblefield Development in the Executive Branch Sanctuary Cities: Balancing Between National Security Directives, Local Law Enforcement Autonomy, and Immigrants' Rights 29 Georgetown Immigration Law Journal 541 (Spring, 2015) On July 1, 2015, Kathryn Steinle was fatally shot while walking on San Francisco's Embarcadero after a gunman opened-fire on Pier 14. Authorities charged Juan Francisco Lopez-Sanchez, a Mexican national who was in the United States illegally, with Steinle's murder. Prior to Steinle's death, Lopez-Sanchez had been convicted of seven felonies and had... 2015
Victor C. Romero Devolution and Discrimination 58 New York University Annual Survey of American Law 377 (2002) One way to determine whether the national or the state governments should have the power over immigration, that is, the ability to regulate the flow of noncitizens into a polity, is to look at the text of the U.S. Constitution, which purports to allocate powers between these entities. Unfortunately, the word immigration appears nowhere in the... 2002
Nicholas Loh DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY 48 Fordham Urban Law Journal 1331 (October, 2021) Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... 2021
Gabriel J. Chin , Douglas M. Spencer Did Multicultural America Result from a Mistake? The 1965 Immigration Act and Evidence from Roll Call Votes 2015 University of Illinois Law Review 1239 (2015) Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the... 2015
Tanya Monthey DIFFERING FROM "US" IN RELIGION, CUSTOMS, AND LAWS: THE PHILIPPINES, LABOR MIGRATION, AND UNITED STATES EMPIRE 24 Oregon Review of International Law 223 (2023) Introduction. 224 I. Historical Background of the Philippines-United States (Unequal) Relationship. 226 A. Contextualizing the Philippines in Its Colonial History. 226 1. The United States Empire. 227 2. Legal Authority for American Empire. 229 B. Filipino Labor Migration Historically. 234 C. Filipino Migrant Labor Organization in the Face of... 2023
E. Tendayi Achiume DIGITAL RACIAL BORDERS 115 AJIL Unbound 333 (2021) It is the core and intended function of borders to discriminate. Descriptively, their purpose is to differentiate or distinguish among different categories of persons, sorting those who may enter and belong from those who may not. But it is also a core function of modern borders to discriminate in the normatively prejudicial sense--they allocate... 2021
Christopher Mendez Dignity Takings in Leviathanic Immigration Proceedings 21 Scholar: St. Mary's Law Review on Race and Social Justice 403 (2019) Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status... 2019
Gregory Taylor Dillon's Rule: a Check on Sheriffs' Authority to Enter 287(g) Agreements 68 American University Law Review 1053 (February, 2019) Authority to enforce federal immigration policy in the United States is a power traditionally left exclusively to federal government agents. However, § 287(g) of the Immigration and Nationality Act provides a legal framework for state and local law enforcement to carry out federal immigration policy by entering a written agreement with the federal... 2019
Meg E. Ziegler Disabling Language: Why Legal Terminology Should Comport with a Social Model of Disability 61 Boston College Law Review 1183 (March, 2020) Abstract: The disability terminology used in the law has evolved significantly over time. This evolution has mirrored various models for treating and perceiving disability in society, from the moral model of disability as a sin to the medical model of disability as a defect to be cured. After witnessing the success of the Civil Rights Movement,... 2020
Matthew J. Lindsay Disaggregating "Immigration Law" 68 Florida Law Review 179 (January, 2016) Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform-the... 2016
Saptarishi Bandopadhyay, Joshua R. Coene DISASTER RISK IN THE CARCERAL STATE 42 Stanford Environmental Law Journal 171 (May, 2023) I. Introduction. 173 II. A Sketch of the Carceral State. 184 A. Mass Incarceration, Excess, and Origins. 184 B. Prison Regimes and Risk Management: Between Incapacitation and Correctionalism. 192 C. The Production of Carceral Vulnerability. 197 III. Between Compassion and Security: Disaster Risk in the Managerial State. 200 A. Disaster Risk... 2023
Anthony V. Alfieri Discovering Identity in Civil Procedure 83 Southern California Law Review 453 (March, 2010) Speak up, baby.--Reverend Dorothy WashingtonCoconut Grove Ministerial Alliance Meeting This Review explores the story of Floride Norelus--an undocumented Haitian immigrant--her civil rights lawyers, and the judges who did not believe them. The backdrop for Norelus's story comes out of Ariela J. Gross's new book, What Blood Won't Tell: A History... 2010
Shoba Sivaprasad Wadhia DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA 29 Asian American Law Journal 49 (2022) This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... 2022
Federalist Society Panel Discrimination Against Minorities 45 University of Dayton Law Review 445 (Summer, 2020) The following is a transcript of a 2018 Federalist Society panel entitled Discrimination Against Minorities. The panel originally occurred on November 16, 2018, during the National Lawyers Convention in Washington, D.C. The panelists were: Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law; Dr. Althea Nagai,... 2020
Mary Jane Lapointe Discrimination in Asylum Law: the Implications of Jean V. Nelson 62 Indiana Law Journal 127 (Winter, 1986) U.S. immigration law grants the Attorney General discretionary authority to admit (parole) otherwise inadmissible aliens into the country in cases of emergency. This parole statute does not explicitly prohibit the Attorney General from using race or national origin as a basis for denying parole to an alien. On June 26, 1985, the Supreme Court... 1986
Anita L. Allen DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM 131 Yale Law Journal Forum 907 (20-Feb-22) abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... 2022
Chinyere Ezie DISMANTLING THE DISCRIMINATION-TO-INCARCERATION PIPELINE FOR TRANS PEOPLE OF COLOR 19 University of Saint Thomas Law Journal 276 (Spring, 2023) Introduction. 277 I. Understanding the Discrimination-to-Incarceration Pipeline and Its Origins. 279 A. Familial Rejection. 279 B. Anti-Trans Discrimination and Harassment in Schools. 281 C. Employment Discrimination Against Trans Employees and Job Applicants. 285 D. Housing Discrimination and Insecurity. 288 E. Barriers to Healthcare Access. 288... 2023
Chris Chambers Goodman , Natalie Antounian DISMANTLING THE MASTER'S HOUSE: ESTABLISHING A NEW COMPELLING INTEREST IN REMEDYING SYSTEMIC DISCRIMINATION 73 Hastings Law Journal 437 (February, 2022) This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial... 2022
Cristina Isabel Ceballos, David Freeman Engstrom, Daniel E. Ho DISPARATE LIMBO: HOW ADMINISTRATIVE LAW ERASED ANTIDISCRIMINATION 131 Yale Law Journal 370 (November, 2021) Administrative law has a blind spot. It is blackletter doctrine that an agency's failure to consider the impacts of its conduct can lead to court invalidation of its decision as arbitrary and capricious. Judges have set aside agency action for failures to consider differential impacts on subgroups of business owners, park visitors, and animals. Yet... 2021
Jake Marks Millman DISPARITIES IN QUEER ASYLUM RECOGNITION RATES ON THE BASIS OF GENDER: A CASE STUDY OF AUSTRALIA AND NEW ZEALAND 63 Virginia Journal of International Law 497 (Spring, 2023) Using an approach based on intersectionality theory, this Note tests whether a difference in asylum recognition rates exists in Australia and New Zealand at the first-appeals level. Through compiling an original dataset of judicial decisions and performing logistic regression analysis, this Note finds no difference in asylum recognition rates... 2023
Sherally Munshi DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION 110 Georgetown Law Journal 1021 (May, 2022) Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... 2022
Cynthia Godsoe DISRUPTING CARCERAL LOGIC IN FAMILY POLICING 121 Michigan Law Review 939 (April, 2023) Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World. By Dorothy Roberts. New York: Basic Books. 2022. Pp. 11, 303. $32. Among a growing consensus that the criminal legal system is oversized, racist, and ineffective at preventing harm, the child welfare/family-policing system continues to be... 2023
Tess Douglas Disrupting Immigration: How Administrative Rulemaking Could Transform the Landscape for Immigrant Entrepreneurs 44 Pepperdine Law Review 199 (2016) Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through... 2016
Judy Amorosa Dissecting in re D-j-: the Attorney General, Unchecked Power, and the New National Security Threat Posed by Haitian Asylum Seekers 38 Cornell International Law Journal 263 (2005) Introduction. 264 I. Background. 266 A. Plenary Power and Exclusion. 266 B. National Security Justification Historically. 267 C. U.S. Treatment of Haitian Immigrants. 269 D. Obligations to Asylum Seekers Under U.S. and International Law. 270 II. The Attorney General's Decision in D-J-. 271 A. The Holding. 271 B. The Facts. 271 C. Application of... 2005
Jayesh M. Rathod Distilling Americans: the Legacy of Prohibition on U.s. Immigration Law 51 Houston Law Review 781 (Winter, 2014) Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the... 2014
Patrick Macklem Distributing Sovereignty: Indian Nations and Equality of Peoples 45 Stanford Law Review 1311 (May, 1993) I. Introduction. 1312 II. Indian Government in North America. 1316 A. United States. 1317 B. Canada. 1320 C. Similarities. 1323 D. Racial or Political?. 1324 III. Indian Government and Prior Occupancy. 1327 A. The Relevance of Prior Occupancy. 1327 B. Prior Occupancy as Proxy. 1329 1. Immigration and consent. 1330 2. The role of treaties. 1331 3.... 1993
Ann M. Eisenberg Distributive Justice and Rural America 61 Boston College Law Review 189 (January, 2020) Introduction. 191 I. Understanding Today's Rural Landscape. 201 A. Differentiating the Four Rural Americas. 202 B. Background on Chronic Rural Poverty. 204 C. Background on Rural Economic Transformation. 206 D. Rural as an Intersectional Concept. 213 II. Distributive Justice and the Rural Condition. 214 A. Theories of Distributive Justice. 215 B.... 2020
Asad Rahim Diversity to Deradicalize 108 California Law Review 1423 (October, 2020) For four decades, diversity has functioned as the dominant rationale for affirmative action. During this time, scholars have debated whether diversity should have this hegemonic hold on the policy. Central to the debate is Justice Lewis Powell's opinion in Bakke, an opinion that no other justice joined. What motivated him to turn to the diversity... 2020
Walter P. Jacob Diversity Visas: Muddled Thinking and Pork Barrel Politics 6 Georgetown Immigration Law Journal 297 (June, 1992) Because Congress is held to have plenary power to exclude aliens from the United States, efforts to eliminate discrimination from this nation's immigration policy tend to rely on basic notions of fairness rather than on the legal rights of aliens. Supporters of the 1965 amendments to the Immigration and Nationality Act employed such a fairness... 1992
Rosemary A. Laughlin Divided Nation, Split Circuits: Keller V. City of Fremont Divides Circuits Regarding Preemption and Convolutes Immigration Law 48 Creighton Law Review 371 (March, 2015) Immigration regulation is a polarizing topic for lawmakers in the United States. This issue is further exacerbated by the complexity of immigration law. Proponents of state and local immigration regulations cite discontent with the perceived lack of federal enforcement of immigration laws. In response, states and municipalities passed their own... 2015
Corrie Bilke Divided We Stand, United We Fall: a Public Policy Analysis of Sanctuary Cities' Role in the "Illegal Immigration" Debate 42 Indiana Law Review 165 (2009) Give me your tired, your poor/Your huddled masses yearning to breathe free/The wretched refuse of your teeming shore/Send these, the homeless, tempest-tost to me . . . . This inscription located on the Statue of Liberty is recognized as a symbol of freedom and hope for those immigrants arriving in the United States, the initial step taken to... 2009
Bianca Figueroa-Santana Divided We Stand: Constitutionalizing Executive Immigration Reform Through Subfederal Regulation 115 Columbia Law Review 2219 (December, 2015) With Congress divided over comprehensive immigration reform, federal and subfederal actors have stepped into the breach. In 2012 and 2014, in an effort to counter congressional paralysis, President Barack Obama extended deferred action to millions of undocumented noncitizen children and their parents. In doing so, he reignited debates about the... 2015
Alex Boon, Ben España, Lindsay Jonasson, Teresa Smith, Juliet P. Stumpf, Stephen W. Manning Divorcing Deportation: the Oregon Trail to Immigrant Inclusion 22 Lewis & Clark Law Review 623 (2018) Immigration policy under the Trump Administration has relied on local officials and local information to fulfill federal policy goals of highvolume deportation. It has embroiled states and localities and inspired impassioned objection from many impacted localities. This intensification of federal deportation has compelled states, towns, and cities... 2018
Gabriel Zeller Do Cubans Deserve Special Treatment? A Comparative Study Relating to the Cuban Adjustment Act 4 Elon Law Review 235 (2012) C1-3Contents I. Introduction. 235 II. The Cuban Adjustment Act and Treatment of Cuban Immigrants. 238 III. Methods of Obtaining Legal Permanent Resident Status for Latino Immigrants from Other Countries. 240 IV. An Overview of Conditions in Cuba, Venezuela, and Honduras. 241 a. Cuba. 241 b. Venezuela. 243 c. Honduras. 246 V. Comparing the... 2012
Caitlin Cavanagh, Erica Dalzell , Elizabeth Cauffman , Michigan State University, University of California, Irvine Documentation Status, Neighborhood Disorder, and Attitudes Toward Police and Courts among Latina Immigrants 26 Psychology, Public Policy, and Law 121 (February, 2020) Individuals who live in disordered neighborhoods tend to view the justice system more negatively. However, some families with an undocumented member may feel compelled to remain undetected or may lack the means for suitable housing, and thus may have little choice but to live in disordered neighborhoods. The present study answers the question, does... 2020
Sirine Shebaya Does the Priority Enforcement Program Solve the Constitutional Problems with Ice Detainers? 13 University of Saint Thomas Law Journal 566 (Fall, 2017) In November 2014, President Obama issued a long-awaited executive action on immigration. The executive action included two critical components: first, a grant of deferred action to qualifying undocumented parents of U.S. citizens and Lawful Permanent Residents and to persons who entered the United States as children; and second, a series of changes... 2017
Kevin Brown, Lalit Khandare, Annapurna Waughray, Kenneth Dau-Schmidt, Theodore M. Shaw DOES U.S. FEDERAL EMPLOYMENT LAW NOW COVER CASTE DISCRIMINATION BASED ON UNTOUCHABILITY?: IF ALL ELSE FAILS THERE IS THE POSSIBLE APPLICATION OF BOSTOCK v. CLAYTON COUNTY 46 New York University Review of Law and Social Change 117 (2022) This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The... 2022
Susan V. Koski, LP.D. , Kathleen Bantley, Esq. Dog Whistle Politics: the Trump Administration's Influence on Hate Crimes 44 Seton Hall Legislative Journal 39 (2020) I. INTRODUCTION. 39 II. SYSTEMIC PREJUDICE & HATEISMS. 41 A. African Americans and Racism. 41 B. Women and Misogynism. 43 C. LGBTQ+ and Heterosexism. 46 D. Immigrants and Nativism. 48 E. Religion, Anti-Semitism & Anti-Islamism. 50 III. HATE CRIME LEGISLATION & STATISTICS. 52 IV. THE OBAMA ADMINISTRATION. 55 V. DOG WHISTLE POLITICS: THE TRUMP... 2020
Frances Ansley Doing Policy from Below: Worker Solidarity and the Prospects for Immigration Reform 41 Cornell International Law Journal 101 (Winter 2008) I remember stepping to the podium last winter and congratulating the editors of this journal: first, for organizing a symposium around the important theme of immigration policy, and second, for featuring a panel on the question of immigrant workers' rights. The focus on rights at least implicitly invited us to put the perspectives of U.S.... 2008
Xinge He, Emma Johnson, Lauren Katz, Blake Pescatore, Alexandra Rogers, Eva Schlitz Domestic Violence 21 Georgetown Journal of Gender and the Law 253 (2020) I. Introduction. 253 II. Current Organization of Domestic Violence Law. 255 A. Federal Laws Relating to Domestic Violence. 256 1. The Violence Against Women Act. 256 a. Immigrant Women. 260 b. LGBT Individuals. 262 c. Native Americans. 263 d. Ongoing Criticisms. 265 2. The Lautenberg Amendment. 266 3. Title IX. 269 B. State Law Relating to Domestic... 2020
Anita Sinha Domestic Violence and U.s. Asylum Law: Eliminating the "Cultural Hook" for Claims Involving Gender-related Persecution 76 New York University Law Review 1562 (November, 2001) In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western, foreign... 2001
Natasha Lycia Ora Bannan Domestic Workers and Their Right to Be Heard: Residential Picketing Makes Visible the Invisible 4 the crit: a Critical Studies Journal 112 (Spring, 2011) C1-3TABLE OF CONTENTS I. Introduction 112 II. Who Are Domestic Workers? 113 A. Domestic Work is Women's Work 113 B. Domestic Workers - The Unnoticed Work of Immigrant Women of Color 117 C. The Need and Challenges for Organizing Workers 121 III. The Right to Picket vs. Right of Privacy 123 A. The Right to Privacy: Time, Place and Manner Restrictions... 2011
Kevin R. Johnson Doubling down on Racial Discrimination: the Racially Disparate Impacts of Crime-based Removals 66 Case Western Reserve Law Review 993 (Summer, 2016) C1-2Contents Introduction. 994 I. Racial Profiling and Contemporary Developments in Crime-Based Removals. 1002 A. The Supreme Court's Authorization of Racial Profiling in Law Enforcement. 1004 1. Whren v. United States. 1005 2. United States v. Brignoni-Ponce. 1007 B. Increased State and Local Involvement in Immigration Enforcement. 1010 1. Section... 2016
Ashley Fukutomi Drawing the Curtain: Examining the Colorblind Rhetoric of Ruiz V. Robinson and its Implications 36 University of Hawaii Law Review 529 (Spring, 2014) I. Introduction. 529 II. Drawing the Curtain: Contextualizing Citizen-Children-of-Undocumented-Immigrants Within the Greater Social Narrative. 533 A. Enter Stage Left: U.S. Citizen-Children-of-Undocumented-Immigrants in the United States. 534 B. Enter Stage Right: Residency Tuition Policies. 537 III. Setting the Stage: A Legal Analysis of Ruiz v.... 2014
Christopher Ho , Jennifer C. Chang Drawing the Line after Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies for Protecting Undocumented Workers in the Title Vii Context and Beyond 22 Hofstra Labor and Employment Law Journal 473 (Spring 2005) This is a time of rapid change and uncertainty in the laws affecting immigrant workers and, in particular, those who are undocumented. Although the jurisprudence in this area has never been static, the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board constituted an abrupt departure from prior law,... 2005
Kristina M. Campbell Dreamers Deferred: the Broken Promise of Immigration Reform in the Obama Years 25 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall, 2018) The majority of the people who were packed into the tractor-trailer on July 22, 2017, were Mexican nationals. There were also people from Central America in the sweltering trailer that day, abandoned in a Wal-Mart parking lot in San Antonio, Texas by the driver who was tasked with smuggling them into the United States. Although the migrants were... 2018
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