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
Robert S. Chang Dreaming in Black and White: Racial-sexual Policing in the Birth of a Nation, the Cheat, and Who Killed Vincent Chin? 5 Asian Law Journal 41 (May, 1998) Professor Chang observes that Asians are often perceived as interlopers in the nativistic American family. This conception of a nativist family is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived... 1998
Gabriel J. Chin DRED SCOTT AND ASIAN AMERICANS 24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... 2022
Kevin R. Johnson DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? 24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... 2022
Kevin R. Johnson Driver's Licenses and Undocumented Immigrants: the Future of Civil Rights Law? 5 Nevada Law Journal 213 (Fall 2004) In the United States, efforts to end racial discrimination have generally been viewed as struggles for basic civil rights. The anti-discrimination aim of the civil rights movement of the 1950s and 1960s might be considered the primary civil rights concern. With the help of cases like Brown v. Board of Education, officially sanctioned school and... 2004
Angélica Cházaro DUE PROCESS DEPORTATIONS 98 New York University Law Review 407 (May, 2023) Should pro-immigrant advocates pursue federally funded counsel for all immigrants facing deportation? For most pro-immigrant advocates and scholars, the answer is self-evident: More lawyers for immigrants would mean more justice for immigrants, and thus, the federal government should fund such lawyers. Moreover, the argument goes, federally funded... 2023
Diana G. Li DUE PROCESS IN REMOVAL PROCEEDINGS AFTER THURAISSIGIAM 74 Stanford Law Review 793 (April, 2022) Abstract. It is well established that Congress wields plenary power over the admission of noncitizens at the border. But when the government removes noncitizens who have already entered the country, including those who did so without lawful admission, the boundaries of its power are less clear. The Supreme Court confronted this issue in Department... 2022
Elizabeth A. Keyes DURESS IN IMMIGRATION LAW 44 Seattle University Law Review 307 (Winter, 2021) C1-2Contents Introduction. 308 I. The Duress Doctrine's Landscape and Justifications. 312 A. Theoretical Bases for the Duress Defense. 313 B. Duress and Culpability in Domestic Criminal Law. 316 1. Defining Duress. 316 2. When Duress Matters in the Criminal Legal System. 320 C. Duress and Culpability in International Law. 320 1. International... 2021
Lolita Buckner Inniss Dutch Uncle Sam: Immigration Reform and Notions of Family 36 Brandeis Journal of Family Law 177 (Spring 1997-1998) Immigration reform has been the watchword of the last decade as the effort has continued to redefine our notions of who belongs in the United States. This effort to redefine who belongs started with the Immigration Reform and Control Act of 1986, which to a large extent addressed undocumented immigration. This effort continued with the... 1998
Teri Dobbins Baxter Dying for Equal Protection 71 Hastings Law Journal 535 (April, 2020) When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor... 2020
Roger Clegg E Pluribus Unum Forgotten: Five Immigration Policy Mistakes Some Conservatives Make 23 Regent University Law Review 345 (2010-2011) This Article discusses five mistakes that some conservatives are currently making with respect to immigration policy. The following are the five mistakes: 1. Neglecting the importance of assimilation in the public debate about immigration, 2. Opposing birthright citizenship, 3. Supporting racial profiling, 4. Supporting state and local (versus... 2011
Stephen H. Legomsky E Pluribus Unum: Immigration, Race, and Other Deep Divides 21 Southern Illinois University Law Journal 101 (Fall, 1996) On every United States coin there are engraved the Latin words e pluribus unum. This phrase means out of many, one. Throughout our history we have used it proudly, at the very least to state a normative aspiration, and sometimes to describe the kind of society we think we have actually achieved. But e pluribus unum actually means two very... 1996
Samuel L. Johnson Eagle Versus Phoenix: a Tale of Federalism 7 South Carolina Journal of International Law & Business 109 (Fall, 2010) On July 28, 2010, the battle between the federal government and Arizona over immigration enforcement finally came to a head, albeit a temporary one, when United States District Court Judge Susan R. Bolton issued an order granting in part and denying in part the United States' Motion for Preliminary Injunction, thereby enjoining Arizona from... 2010
Philip L. Martin Economic Integration and Migration: the Case of Nafta 3 UCLA Journal of International Law and Foreign Affairs 419 (Fall/Winter, 1998-1999) As evidenced by United Nations (UN) data, the United States is the world's major country of immigration, and Mexico is the world's major country of emigration. As with U.S.-Mexican trade in goods, there is an asymmetry in migration patterns. The United States accepts immigrants from many nations, but virtually all Mexican emigrants head for the... 1999
Don Blankenau Ecosystem Protection Versus Immigration: the Coming Conflict 12 Great Plains Natural Resources Journal J. 1 (Fall 2007) An undeniable and ever escalating tension exists between population growth and environmental conservation worldwide. This article seeks to draw attention to the impact of population growth, and specifically that related to immigration, on the depletion of resources specifically in the United States of America. The ability of U.S. environmental... 2007
Alexander F.A. Rabanal Educating the Underground: the Constitutionality of Non-residence Based Immigrant In-state Tuition Laws 88 Chicago-Kent Law Review 1059 (2013) Woven into the fabric of the American secondary education system are students a casual observer might dismiss as simply part of the mass of students that occupy classroom seats and roam school hallways everyday. College should be just over the horizon for these students, but a closer look reveals an unfortunate tension, a legal status that belies... 2013
Paulo Edmundo Ochoa Education Without Documentation: as Plyler Students Reach New Heights, Will Their Status Make Them Morally Unfit to Practice Law? 34 Thomas Jefferson Law Review 411 (Spring 2012) The soul who sins is the one who will die. The son will not share the guilt of the father, nor will the father share the guilt of the son. The California Committee of Bar Examiners recently considered whether Sergio Garcia, an undocumented immigrant, is morally fit to practice law. Prior to 2008, the California State Bar did not inquire into an... 2012
Erin M. Carr Educational Equality and the Dream That Never Was: the Confluence of Race-based Institutional Harm and Adverse Childhood Experiences (Aces) in Post-brown America 12 Georgetown Journal of Law & Modern Critical Race Perspectives 115 (Fall, 2020) C1-3Table of Contents I. Introduction. 115 II. Trauma, Institutional Racism, and Cognitive Development: The Trifecta of Childhood Harm. 116 III. Educational Equality: The Dream That Never Was. 123 IV. The School-to-Prison Pipeline as the Manifestation and Perpetuation of Race-Base Adverse Childhood Experiences (ACEs). 126 V. Recommendations for a... 2020
Andrew J. Elmore Egalitarianism and Exclusion: U.s. Guest Worker Programs and a Non-subordination Approach to the Labor-based Admission of Nonprofessional Foreign Nationals 21 Georgetown Immigration Law Journal 521 (Summer, 2007) Comprehensive immigration reform has been a top legislative priority for the last several years, and recent bills have contemplated the expansion of guest worker programs to adjust the status of undocumented immigrants and to control the future migrant flow. While there is a broad consensus that the current immigration system is broken, there is... 2007
Emilie Cooper Embedded Immigrant Exceptionalism: an Examination of California's Proposition 187, the 1996 Welfare Reforms and the Anti-immigrant Sentiment Expressed Therein 18 Georgetown Immigration Law Journal 345 (Winter, 2004) 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, I lift my lamp beside the golden door! While the Statue of Liberty claims to welcome the tired, the poor and the homeless to the United States of America, it has become increasingly... 2004
John Reynolds EMERGENCY AND MIGRATION, RACE AND THE NATION 67 UCLA Law Review 1768 (April, 2021) Europe's borders are racial borders. The European Union's external border regime underpins continuing forms of European imperialism and neocolonialism. It reinforces a particular imaginary of Europeanness as whiteness, euphemistically dressed up as a European Way of Life to be protected. It nonetheless sits comfortably within the permissible... 2021
Richard P. Cole, Gabriel J. Chin Emerging from the Margins of Historical Consciousness: Chinese Immigrants and the History of American Law 17 Law and History Review 325 (Summer, 1999) During the past generation legal histories of Chinese immigrants who came to America during the second half of the nineteenth century have reshaped our view of their significance for the history of American law. The preceding three generations of professional legal historians perceived the legal experience of Chinese immigrants as marginal to the... 1999
BJ Smith Emma Lazarus Weeps: State-based Anti-immigration Initiatives and the Federalism Challenge 80 UMKC Law Review 905 (Spring, 2012) 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, I lift my lamp beside the golden door! Centuries after the first weary travelers landed to create a great New World, the Statue of Liberty was dedicated as a symbol of freedom and... 2012
R. Paul Faxon Employer Sanctions for Hiring Illegal Aliens: a Simplistic Solution to a Complex Problem 6 Northwestern Journal of International Law and Business 203 (Spring, 1984) United States immigration policy over the course of the last 200 years has evolved from one of open arms to one of racial and qualitative restrictions to one of qualitative and quantitative restrictions. These shifts, fueled by racism, domestic economic conditions including an end to war-time labor shortages, and domestic resource limitations, have... 1984
Kitty Calavita Employer Sanctions Violations: Toward a Dialectical Model of White-collar Crime 24 Law and Society Review 1041 (1990) This article examines violations of the employer sanctions provision of the Immigration Reform and Control Act of 1986 as a case study in white-collar crime. Using interviews with 103 immigrant-dependent employers in three southern California counties, the study reveals that employer sanctions violations are numerous and that violators feel... 1990
Shannon Gleeson , Kati L. Griffith EMPLOYERS AS SUBJECTS OF THE IMMIGRATION STATE: HOW THE STATE FOMENTS EMPLOYMENT INSECURITY FOR TEMPORARY IMMIGRANT WORKERS 46 Law and Social Inquiry 92 (February, 2021) The state plays a key role in shaping worker precarity, and employers are key actors in mediating this process. While employers sometimes may act as willing extensions of the deportation machinery, they are also subjects of the immigration state. In this article, we highlight the impact of state-employer dynamics on migrant workers with Temporary... 2021
Leticia M. Saucedo Employment Authorization and Immigration Status: the Janus-faced Immigrant Worker 43 Ohio Northern University Law Review 471 (2017) This Essay explores the distinct identities of immigrant workers. The ancient myth of Janus as the gatekeeper who looks both backward and forward captures the duality of immigrant workers, who are both immigrants and workers. On one hand the immigrant worker has a past that might include an undocumented entry into or overstay in the United States;... 2017
Reyna Ramolete Hayashi Empowering Domestic Workers Through Law and Organizing Initiatives 9 Seattle Journal for Social Justice 487 (Fall/Winter, 2010) We are subjected to emotional and physical exploitation from which we cannot easily free ourselves because of the need to work and support our families in our home countries. For some of us, being immigrants--this makes our situation worse, because the employers take advantage of this situation, increasing our work hours, many times reaching 24... 2010
Patricia S. Mann Empowering the Global Movement of Bodies: an Immcrit Jurisprudence 3 Creighton International and Comparative Law Journal 160 (Fall, 2012) I want to say how happy I am to be here at CIAPA, and how grateful I am to be included for a second time in this great LatCrit South North Exchange. Last year my presentation focused on the draconian discretionary powers of US Immigration agencies to detain and deport noncitizens, regardless of their length of residence, and familial connections,... 2012
Cecillia D. Wang Ending Bogus Immigration Emergencies 129 Yale Law Journal Forum 620 (2/15/2020) abstract. In 1944, Justice Jackson dissented in Korematsu, warning that the majority's decision would lie[] about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Seventy-five years later, President Donald Trump has picked up that doctrinal weapon. This Essay sets out three... 2020
David Cole Enemy Aliens 54 Stanford Law Review 953 (May, 2002) Come on, let us deal wisely with them; lest they multiply, and it come to pass, that, when there falleth out any war, they join also unto our enemies, and fight against us, and so get them up out of the land. Exodus 1:10 To those who pit Americans against immigrants and citizens against non-citizens, to those who scare peace-loving people with... 2002
Lori A. Nessel ENFORCED INVISIBILITY: TOWARD NEW THEORIES OF ACCOUNTABILITY FOR THE UNITED STATES' ROLE IN ENDANGERING ASYLUM SEEKERS 55 U.C. Davis Law Review 1513 (February, 2022) C1-2Table of Contents Introduction. 1515 I. Deconstructing the Web of Policies that Comprise the Invisibility Regime at the Southern Border. 1521 A. Migrant Protection Protocols (MPP). 1522 B. The Asylum Transit Ban. 1527 C. Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP). 1529 D. Metering. 1530 E. Asylum... 2022
Jason A. Cade Enforcing Immigration Equity 84 Fordham Law Review 661 (November, 2015) Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical... 2015
Muzaffar A. Chishti Enforcing Immigration Rules: Making the Right Choices 10 NYU Journal of Legislation and Public Policy 451 (2006-2007) It is estimated that close to twelve million undocumented immigrants currently reside in the United States. Given the scale of the phenomenon, various enforcement strategies are being employed or considered to control illegal immigration. This paper focuses on two of these strategies in the current policy debate: Part I examines the electronic... 2007
Laura Sullivan Enforcing Nonenforcement: Countering the Threat Posed to Sanctuary Laws by the Inclusion of Immigration Records in the National Crime Information Center Database 97 California Law Review 567 (April, 2009) Across the United States, local police officers are playing an increasingly active role in the enforcement of federal immigration laws against the nation's estimated 12 million illegal immigrants. Immigration-related detentions resulting from contact with local officers have dramatically increased in recent years. In some jurisdictions, local... 2009
Kelly L. Anderson Enforcing Rights for Immigrants Facing the Ultimate Criminal Penalty: Deportation 80 Albany Law Review 995 (2016-2017) In the United States, the death penalty is considered the ultimate punishment for the commission of a crime. A criminal defendant may be eligible for death if convicted of the most heinous type of crime--usually some form of aggravated first-degree murder. Because death is such a severe punishment, the U.S. Supreme Court has outlined a number of... 2017
Katie Kelly Enforcing Stereotypes: the Self-fulfilling Prophecies of U.s. Immigration Enforcement 66 UCLA Law Review Discourse 36 (2018) U.S. immigration law was built on a foundation of systemic white supremacy. While a brief historical analysis of immigration laws in the United States illustrates a shift from explicitly racial to race-neutral language, the effects of the originally race-restrictive provisions in immigration law continue to be felt today. This Article illustrates... 2018
Christopher N. Lasch Enforcing the Limits of the Executive's Authority to Issue Immigration Detainers 35 William Mitchell Law Review 164 (2008) I. A Brief History of Recent Immigration Enforcement Efforts Targeting Criminal Aliens. 166 II. Detainers in Practice. 173 A. Who initiates the detainer process?. 177 B. When are detainers placed?. 178 C. In what cases are detainers placed?. 179 D. When does ICE obtain custody of those held on detainers?. 179 III. Authority to Issue Immigration... 2008
Nancy Foner Engagements Across National Borders, Then and Now 75 Fordham Law Review 2483 (April, 2007) A focus on challenges to nationally bounded citizenship paradigms is inevitably about the dramatic effects of immigration on American society. In 2005, more than thirty-five million residents of the United States were immigrants, or a remarkable twelve percent of the population. It is not, of course, numbers alone that create the challenges. At the... 2007
Jonathan J. Choi, Jess Kuesel, Katline Barrows, Elise Boos, Megan Dister, Connor Sakati, Melissa Skarjune, Stephen E. Roady, Michelle B. Nowlin ENHANCED U.S.-CANADIAN COLLABORATION ON MARINE MIGRATORY SPECIES 53 Environmental Law Reporter (ELI) 10911 (December, 2023) U.S.-Canadian management of marine migratory species is a particularly rich place to understand the complex relationship between migratory science, conservation, and law. The two nations share a large border, have a long-lasting historic friendship, and already collaborate extensively. However, the relationship is not without contention. The... 2023
David B. Thronson Entering the Mainstream: Making Children Matter in Immigration Law 38 Fordham Urban Law Journal 393 (November, 2010) Myths that parents are afforded easy and unwarranted pathways to U.S. citizenship through their U.S. citizen children and that children receive privileged treatment in U.S. immigration law stubbornly persist in public discussion surrounding possible immigration reform. Testing these myths, this essay examines immigration law's treatment of children... 2010
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