Darcy M. Pottle Federal Employer Sanctions as Immigration Federalism 16 Michigan Journal of Race and Law 99 (Fall 2010) Introduction. 990 I. IRCA's Employer Sanctions: From Punishment to Decentralization of Power. 105 A. A Brief History of IRCA's Employer Sanctions. 105 B. Employers as Private Immigration Screeners. 112 1. The I-9 Process. 114 2. E-Verify: An Attempt to Salvage Work Authorization Verification. 116 II. Federal Exclusivity in Immigration Enforcement.... 2010
Christopher N. Lasch Federal Immigration Detainers after Arizona V. United States 46 Loyola of Los Angeles Law Review 629 (Winter, 2013) In Arizona v. United States, the Supreme Court held that three of the four challenged provisions to Arizona's Support Our Law Enforcement and Safe Neighborhoods Act were preempted. The Court reached this conclusion by focusing on the federal government's supremacy in immigration enforcement. Ironically, the Court's focus on federal supremacy... 2013
R. George Wright Federal Immigration Law and the Case for Open Entry 27 Loyola of Los Angeles Law Review 1265 (June 1, 1994) The most basic features of United States immigration law generate continuing controversy. Public debate over federal statutory limits on entry into the United States is ongoing and frequently passionate. The practical importance of the subject seems undeniable. The lives or welfare of many people are directly implicated. Many legal and political... 1994
Karla Mari McKanders Federal Preemption and Immigrants' Rights 3 Wake Forest Journal of Law and Policy 333 (June, 2013) Jose Angel Vargas is a lawful permanent resident of the United States living in Phoenix. Vargas, who is Latino and speaks very little English, is a member of the day laborer organization Tonatierra's Centro Macehualli. He has lawfully and peacefully solicited work there and on public street corners. Mr. Vargas would like to continue soliciting work... 2013
Kevin R. Johnson Federalism and the Disappearing Equal Protection Rights of Immigrants 73 Washington and Lee Law Review Online 269 (July 27, 2016) Jenny-Brooke Condon's article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has... 2016
Hiroshi Motomura Federalism, International Human Rights, and Immigration Exceptionalism 70 University of Colorado Law Review 1361 (Fall 1999) This essay addresses three topics that are connected in subtle but important ways. The first topic--and the one that anchors this essay in the symposium panel on the states and foreign affairs--is immigration federalism. What role should states and localities play in making and implementing law and policy relating to immigration and immigrants? The... 1999
Jessica A. Shoemaker FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE 119 Michigan Law Review 1695 (June, 2021) Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... 2021
Stewart Chang Feminism in Yellowface 38 Harvard Journal of Law & Gender 235 (Summer 2015) Introduction. 235 I. Starting From the First Page: Historicizing Stereotypes of Asian Prostitutes in Early United States Immigration Policy. 239 II. Tonight I Will Be Miss Saigon . . . I'll Win a G.I. and Be Gone: Marriage Fraud and New Conceptions of Asian Prostitution in Twentieth Century Immigration Policy. 245 III. Confess, Repudiate,... 2015
Cynthia L. Wolken Feminist Legal Theory and Human Trafficking in the United States: Towards a New Framework 6 University of Maryland Law Journal of Race, Religion, Gender and Class 407 (Fall 2006) Human trafficking is modern day slavery. Over the past decade, policy makers in the United States have begun to recognize human trafficking as a distinct act, rather than lumping trafficking into one of its associated acts such as immigration violations, labor law violations, prostitution or other peripheral crimes. In 2000, Congress passed the... 2006
Rachel L. Zacharias FEWER OF WHOM? CLIMATE-BASED POPULATION POLICIES INFRINGE MARGINALIZED PEOPLE'S REPRODUCTIVE AUTONOMY 25 University of Pennsylvania Journal of Law and Social Change 81 (2021) Changes to the earth's climate will create the most severe ecological, economic, and health crisis in modern history. Responding to evidence linking population growth to increased greenhouse gas emissions, some climate scientists have proposed policies to help reduce individuals' and populations' reproduction. This paper urges caution... 2021
Janet H. Vo FIGHTING ANTI-ASIAN HATE: COMMUNITY-BASED SOLUTIONS BEYOND PROSECUTIONS AND THE CYCLE OF VIOLENCE 66 Boston Bar Journal 23 (2022) More than a year after the murder of six female Asian workers at an Atlanta spa, many members of the Asian American community still live in fear of hate-motivated violence. The FBI's 2020 data already reflected a 73 percent increase in hate-motivated crimes against Asian Americans, but after the Atlanta shootings in March 2021, one third of Asian... 2022
Kirk L. Peterson Final Orders of Deportation, Motions to Reopen and Reconsider, and Tolling under the Judicial Review Provisions of the Immigration and Nationality Act 79 Iowa Law Review 439 (January, 1994) Immigration law is as important as ever in the United States, the country built on immigration. During 1992, the United States admitted 810,635 legal immigrants, one of the largest one-year totals this century. In addition, the Immigration and Naturalization Service (INS) estimates that between 200,000 and 300,000 illegal aliens entered the United... 1994
Shayak Sarkar Financial Immigration Federalism 107 Georgetown Law Journal 1561 (August, 2019) Federal preemption doctrine constrains state power over undocumented immigrants. As courts and commentators focus on disputes over policing and removal, led by sanctuary cities and states, they overlook what I call financial immigration federalism. This Article uncovers emerging forms of financial immigration federalism while also reconsidering... 2019
Victoria Heather Barbino Finding Refuge: Blockchain Technology as the Solution to the Syrian Refugee Identification Crisis 48 Georgia Journal of International and Comparative Law 523 (Winter, 2020) C1-3Table of Contents I. Identifications and Their Relationship to Rights. 528 II. Immigrant Covering and Understanding Immigrant Rights. 531 B5 A. Conversion. 532 B5 B. Passing. 533 B5 i. Sanctuary Cities. 534 B5 C. Covering. 535 B5 i. Municipal Identifications. 536 III. Syrian Refugees and Documentation. 538 IV. Blockchain Technology. 540 V.... 2020
Steven T. Taylor Firms in Phoenix Bank on Bankruptcy, Litigation as Economic Rebound Creeps along 29 No. 9 Of Counsel Counsel 5 (September, 2010) Arizona's known for its bright sun and warm weather, desert landscape, retirement communities, baseball's spring training, the Grand Canyon, and, recently, for illegal immigration, legal battles, racial profiling, and tourism boycotts--sadly. One thing that may not immediately come to mind when considering the Valley of the Sun is its legal market,... 2010
Anne Weis Fleeing for Their Lives: Domestic Violence Asylum and Matter of A-b- 108 California Law Review 1319 (August, 2020) Introduction. 1319 I. The Gendered Nature of Domestic Violence. 1322 II. Violence Against Women in the Northern Triangle. 1325 III. Domestic Violence as a Basis for Asylum in the United States. 1330 A. Asylum Law in the United States. 1330 B. The Development of Domestic Violence Asylum Claims Before Matter of A-R-C-G-. 1332 C. Official Recognition... 2020
Jayesh Rathod FLEEING THE LAND OF THE FREE 123 Columbia Law Review 183 (January, 2023) This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in... 2023
Emily Lamm Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race 26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B.... 2020
Michael R. Curran Flickering Lamp Beside the Golden Door: Immigration, the Constitution, & Undocumented Aliens in the 1990s 30 Case Western Reserve Journal of International Law 57 (Winter 1998) C1-3Table of Contents I. INTRODUCTION: AMERICA APPROACHES THE 21ST CENTURY. 58 II. THE UNDOCUMENTED ALIEN DEBATE: WHY THEY COME AND THE BURDEN ON SOCIETY'. 61 A. Labels: Aliens, Immigrants, Natives, Nationals, and Citizens. 62 B. Why They Come and the Debate About Burdens. 68 III. HISTORICAL AND LEGAL SKETCH OF THE RIGHTS OF AUTHORIZED AND... 1998
  Focus on the Proposed Washington Privacy Act 25 Cyberspace Lawyer NL 5 (4/1/2020) Senate Bill 6281, the Washington Privacy Act (the Act) passed the Washington State Senate on February 14, 2020. A House committee approved an amended version of the Senate bill on March 2, 2020, which now moves to the House floor. This post provides a deep-dive on what the two versions of the bill would do, if finally enacted. Without... 2020
Rachel E. Morse Following Lozano V. Hazleton: Keep States and Cities out of the Immigration Business 28 Boston College Third World Law Journal 513 (Spring, 2008) IMMIGRANTS: YOUR COUNTRY NEEDS THEM. By Philippe Legrain. United States: Princeton University Press. 2007. Pp. 333. Abstract: In Immigrants: Your Country Needs Them, Phillipe Legrain makes an economic argument for open borders. While he describes an ideal, the reality is that the United States will not implement an open border policy anytime soon.... 2008
Amelia Wilson FORCE MULTIPLIER: AN INTERSECTIONAL EXAMINATION OF ONE IMMIGRANT WOMAN'S JOURNEY THROUGH MULTIPLE SYSTEMS OF OPPRESSION 38 Berkeley Journal of Gender, Law & Justice 1 (2023) The immigrants' rights movement can assume an intersectional and cooperative approach to dismantling co-constitutive systems of oppression that conspire to punish, exclude, and exploit disfavored groups. Racial justice must be at the center of the movement, but so too must we understand the devastating role that gender, disability, and... 2023
Keith Cunningham-Parmeter Forced Federalism: States as Laboratories of Immigration Reform 62 Hastings Law Journal 1673 (July, 2011) Ever since Justice Louis Brandeis characterized states as laboratories of democracy, judges and scholars have championed the ability of states to offer a diverse array of solutions to complex national problems. Today, proponents of enhanced immigration restrictions apply the same rationale to state immigration laws. This Article challenges the... 2011
Robbie J. Totten, PhD Foreign Policy Interpretive Lenses and State Migration Law: Realism, Isolationism and Liberalism Thought, and U.s. Immigration Policy 24 U.C. Davis Journal of International Law and Policy 135 (Spring, 2018) This interdisciplinary article argues that Foreign Policy (FP) interpretive lenses (IL's)--heuristics oft used in International Studies disciplines to examine statecraft--are a useful and underappreciated tool for comparative state migration policy and legal analysis. IL's have value as conceptual tools for scholars in examining state migration law... 2018
Mary Bosworth , Emma Kaufman Foreigners in a Carceral Age: Immigration and Imprisonment in the United States 22 Stanford Law and Policy Review 429 (2011) ' More than a decade ago, Jonathan Simon warned of an expanding interest in locking up refugees. According to Simon, asylum seekers were to provide a new population for mass incarceration. The border was to become the new criminal justice frontier. In 2010, Simon's view appears to have been borne out, though perhaps not entirely as he predicted.... 2011
Hon. M. Margaret McKeown, United States Court of Appeals for the Ninth Circuit, Chair, ABA Commission on the Nineteenth Amendment, Georgetown University Law Center (Juris Doctor 1975; Honorary Doctorate 2005) Foreword 19th Georgetown Law Journal L.J. 1 (June, 2020) In celebration of the centennial of the Nineteenth Amendment, it is my pleasure to introduce a special issue of The Georgetown Law Journal. This issue brings together a series of articles that examines the legacy of the Nineteenth Amendment and the ongoing push for equality. The American Bar Association formed the Commission on the Nineteenth... 2020
Sudha Setty Foreword 42 Western New England Law Review 333 (2020) As dean of Western New England University School of Law, I thank the editors and staff of Volume 42 of the Western New England Law Review for inviting me to contribute the foreword to this symposium issue on woman suffrage and the broader contextual conversations about gender and politics, as well as the trajectory of social justice movements more... 2020
Craig Estlinbaum Foreword 60 South Texas Law Review 219 (2019) South Texas Law Review's 25th Annual Ethics Symposium in Criminal Law arrives at a critically important time. Criminal law reform has become a major discussion point around the state and nation in recent years. The discussions frequently focus on issues such as wrongful convictions, over-incarceration, racial disparities, immigration matters and... 2019
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
Ralph C. Carmona Foreword 10 La Raza Law Journal 601 (Fall, 1998) The issue of affirmative action represents an attempt to accommodate the diversity that is fundamental to the nature of this nation. In a world plagued by ethnic conflict, this most diverse nation has avoided what The Economist characterizes as the virus of (ethnic) tribalism. America, as a nation of immigrants and native Americans, has avoided... 1998
Rachel F. Moran Foreword -- Demography Anddistrust: the Latino Challenge to Civil Rights and Immigration Policy in the 1990s and Beyond 8 La Raza Law Journal L.J. 1 (1995) Today, the United States faces significant demographic changes that will shape its political destiny. As two researchers wrote recently: Latino population growth is the future. The White population is declining, the African-American population is stable, and the Latino and Asian-American populations are expanding rapidly. The Asian-American... 1995
Eric K. Yamamoto , Susan K. Serrano FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE 92 University of Colorado Law Review 1383 (Special Issue 2021) Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... 2021
Ibrahim J. Gassama , Robert S. Chang , Keith Aoki Foreword: Citizenship and its Discontents: Centering the Immigrant in the Inter/national Imagination (Part Ii) 76 Oregon Law Review 207 (Summer 1997) What is involved in the project of rescinding borders is a critical awareness of how borders have been (and continue to be) systematically policed and for whose ideological benefit and material profit. The way to rescind borders is of course to cross them and, in doing so, blur them, confuse them, make them permeable, open for traffic from all... 1997
Sylvia R. Lazos Vargas Foreword: Emerging Latina/o Nation and Anti-immigrant Backlash 7 Nevada Law Journal 685 (Summer 2007) LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of... 2007
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
Khiara M. Bridges FOREWORD: RACE IN THE ROBERTS COURT 136 Harvard Law Review 23 (November, 2022) C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of... 2022
Cristina M. Rodríguez FOREWORD: REGIME CHANGE 135 Harvard Law Review 1 (November, 2021) C1-2CONTENTS Introduction. 2 I. Elements of Regime Change. 11 A. Switching Sides. 16 1. Enlisting the Court. 18 2. The Interests of the United States. 32 B. A New Order. 40 1. The Legal Regime. 41 2. The Bureaucracy. 48 II. In Defense of Power. 58 A. Asserting Power. 63 1. Democracy and Social Welfare. 63 2. Presidential and Political Control. 70... 2021
Maggie Blackhawk FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM 137 Harvard Law Review 1 (November, 2023) C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... 2023
Michael J. Klarman Foreword: the Degradation of American Democracy--and the Court 134 Harvard Law Review Rev. 1 (November, 2020) C1-2CONTENTS Introduction. 4 I. The Degradation of American Democracy. 11 A. The Authoritarian Playbook. 11 B. President Trump's Authoritarian Bent. 19 1. Attacks on Freedom of the Press and Freedom of Speech. 20 2. Attacks on an Independent Judiciary. 22 3. Politicizing Law Enforcement. 23 4. Politicizing the Rest of the Government. 25 5. Using... 2020
Elizabeth Heger Boyle, Fortunata Ghati Songora Formal Legality and East African Immigrant Perceptions of the "War on Terror" 22 Law & Inequality: A Journal of Theory and Practice 301 (Summer 2004) Ultimately, the meaning of law emerges from the interaction of law in the abstract, law in practical application, and law as the public perceives it. This Article focuses on the last category: the general assumptions and perceptions made about the law by ordinary individuals. We interviewed members of an immigrant community affected by the legal... 2004
Téa Antonino FORMER GANG MEMBERS AND THE PARTICULAR SOCIAL GROUP STANDARD: WHY AMERICA'S HIGHEST COURT SHOULD GREEN LIGHT THE KILLING OF THE BIA'S THREE-PRONG TEST 60 San Diego Law Review 167 (February-March, 2023) C1-2Table of Contents I. Introduction. 168 II. Background. 172 A. Historical Context of Transnational Gangs Dominating the Northern Triangle. 172 B. The Differences Between Asylum and Withholding of Removal. 180 C. The Evolution of the BIA's Interpretation of a PSG. 185 1. In re Acosta Produces the Immutability Characteristics Test. 186 2. The BIA... 2023
Michele Totah Fortress Italy: Racial Politics and the New Immigration Amendment in Italy 26 Fordham International Law Journal 1438 (May, 2003) We need a law that can deal with these invasions, otherwise crime will continue to rise and Italian culture will be threatened . . . People who come to Italy must come to work. We will make illegal immigration a serious crime . . . Stop treating illegal immigrants like normal people. Only people who have got work contracts can come in. And we need... 2003
Richard Delgado Four Reservations on Civil Rights Reasoning by Analogy: the Case of Latinos and Other Nonblack Groups 112 Columbia Law Review 1883 (November, 2012) The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... 2012
Jillian Blake FRAGILE IMMIGRATION LEGALITY COLLAPSES IN THE TRUMP ERA 30 Southern California Interdisciplinary Law Journal 305 (Winter 2021) People often think of immigration legality in black and white terms--immigrants are documented or undocumented; they are present legally or illegally. There has long been, however, a significant gray area of quasi-legality in the U.S. immigration system. This gray area expanded for decades due to diverging policies of the executive and... 2021
Natashia Tidwell Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local Police Non-cooperation Policies 88 Saint John's Law Review 105 (Spring 2014) The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws. -- Sir Robert Peel, the architect of modern policing Sir Robert Peel's idyllic... 2014
Timothy Zick Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties 106 Iowa Law Review 229 (November, 2020) ABSTRACT: Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a collective, civic republican, individual, and fundamental right. Gun rights advocates have... 2020
Monica Nigh Smith France for the French? the Europeans? The Caucasians?: the Latest French Immigration Reform and the Attempts at Justifying its Disproportionate Impact on Non-white Immigrants 14 Transnational Law & Contemporary Problems 1107 (Spring 2005) I. Introduction. 1107 II. The Sarkozy Law. 1110 A. Introduction. 1110 B. Specific Impacts on Immigrants. 1111 1. Preparation for Arrival. 1111 2. An Overall Increase in Waiting Periods. 1111 3. Regulation of International Marriages. 1112 4. Regulation of Family Life. 1114 5. Effects on Transporters and Employers. 1115 6. Conditions Upon Discovery.... 2005
Roya Hajbandeh France, Love it or Leave It: New French Law Restricts Family Reunification 27 Wisconsin International Law Journal 335 (Summer 2009) This article will demonstrate that the new French immigration law, On the Control of Immigration, Integration, and Asylum, does not accomplish the country's intent of inhibiting illegal immigration, and instead, restricts family reunification, which violates French laws, European Union laws, and promotes an underlying discriminatory policy to... 2009
Evelyn Atkinson FRANKENSTEIN'S BABY: THE FORGOTTEN HISTORY OF CORPORATIONS, RACE, AND EQUAL PROTECTION 108 Virginia Law Review 581 (May, 2022) This Article highlights the crucial role corporations played in crafting an expansive interpretation of the Fourteenth Amendment. Exposing the role of race in the history of the constitutional law of corporate personhood for the first time, this Article argues that corporations were instrumental in laying the foundation of the Equal Protection... 2022
Kevin R. Johnson Free Trade and Closed Borders: Nafta and Mexican Immigration to the United States 27 U.C. Davis Law Review 937 (Summer 1994) Nineteen ninety-three was the year of immigration in the United States. Immigration emerged as a volatile, if not incendiary, public issue, beginning with a debacle concerning the employment of undocumented persons by two prominent women considered by a new President to serve as Attorney General. Several incidents further heightened public scrutiny... 1994
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