Justin Driver Freedom of Expression Within the Schoolhouse Gate 73 Arkansas Law Review Rev. 1 (2020) In the late 1960s, the Supreme Court began contemplating how the First Amendment's commitment to the freedom of speech should protect the right of students to introduce their own ideas into the schoolhouse. This constitutional question extended well beyond the matter addressed in West Virginia State Board of Education v. Barnette, because that... 2020
Nicholas D. Michaud From 287(g) to Sb 1070: the Decline of the Federal Immigration Partnership and the Rise of State-level Immigration Enforcement 52 Arizona Law Review 1083 (Winter 2010) In July 2009, the Department of Homeland Security (DHS) dramatically altered the notorious 287(g) program, a program that cultivates partnerships between Immigration and Customs Enforcement and local law enforcement. Billed as an effort to standardize immigration enforcement while focusing efforts upon priority aliens, the policy shift instead... 2010
Kristin Garrity, Emily Crnkovich From Bigotry to Ban: the Ideological Origins and Devastating Harms of the Muslim and African Bans 29 Southern California Interdisciplinary Law Journal 571 (Summer, 2020) In this paper we examine some of the recent history of the anti-immigration and anti-Muslim movements--looking to the Muslim and African Ban in particular--and how their rhetoric and ideology have directly influenced the policies of the Trump administration. We also discuss the irony of these policies in light of the Trump administration's push for... 2020
  From Emma Lazarus to Arizona Sb1070, Can Progressives Meet New Challenges to Immigrants Rights? 31 Chicana/o-Latina/o Law Review 47 (2012) M : Good afternoon everyone. I think that we are ready to go ahead and get started. I would like to welcome you all to the first of this year's series of the David Epstein Program in Public Interest Law Speakers Series. We are so pleased to have with us here today four of the most preeminent experts in immigrants' rights to join us for our panel... 2012
Angela Hefti , Laura Ausserladscheider Jonas From Hate Speech to Incitement to Genocide: the Role of the Media in the Rwandan Genocide 38 Boston University International Law Journal L.J. 1 (Spring, 2020) Free speech is essential in any democratic society. Voiced in a politically charged context, however, hateful speech can incite the crime of crimes-- genocide. Democracy cannot be served if free speech is manipulated as a tool to incite the violation of human rights. Limits must be imposed on the media in its enjoyment of free speech. This paper... 2020
Renee C. Redman From Importation of Slaves to Migration of Laborers: the Struggle to Outlaw American Participation in the Chinese Coolie Trade and the Seeds of United States Immigration Law 3 Albany Government Law Review Rev. 1 (2010) I. The Chinese Coolie Trade--Briefly. 6 A. Recruitment of Chinese Coolies. 8 II. The Coolie Trade Prohibition Act. 13 A. Presidential Messages. 16 1. 1856 Presidential Report to Congress. 17 2. 1860 Bill. 28 B. 1860 Presidential Message. 38 C. 1861 Presidential Message. 43 D. 1862 Bill Introduced by Eliot. 47 III. The Legacy of the Coolie Trade... 2010
John C. Eastman From Plyler to Arizona: Have the Courts Forgotten about Corfield V Coryell? 80 University of Chicago Law Review 165 (Winter, 2013) The theme of the Symposium at which this Article was presented was Immigration Law and Institutional Design. Our mission, as Symposium participants, was to assess the efficacy of the institutions that adopt and enforce our immigration laws. But before we can possibly make an efficacy assessment, we must address a normative question, namely, just... 2013
Penelope Andrews, New York Law School From Prohibited Immigrants to Citizens: the Origins of Citizenship and Nationality in South Africa. By Jonathan Klaaren. Cape Town: Uct Press, 2017 53 Law and Society Review 616 (June, 2019) Jonathan Klaaren has written an important study of the historic formation of South African citizenship against the backdrop of its admirable 1996 Constitution and Bill of Rights, its embrace of dignity and equality as founding principles, and especially the commitment in the Preamble: We, the people of South Africa . believe that South Africa... 2019
Andrew Yuengert From Prophecy to Policy: Bishops, Prudence, and Immigration Politics 4 University of Saint Thomas Law Journal 66 (Summer 2006) I. Introduction: Prophets and Policy. 66 II. Catholic Social Teaching on Immigration. 69 III. Prudence. 72 IV. Turning Teaching into Immigration Policy: Facts and Judgments. 75 A. Economic Effects. 76 B. Culture. 78 C. Security and the Rule of Law. 79 V. The Bishops' Reform Agenda. 82 VI. Conclusions. 85 2006
Bandana Purkayastha From Suffrage to Substantive Human Rights: the Continuing Journey for Racially Marginalized Women 42 Western New England Law Review 419 (2020) This Article highlights racially marginalized women's struggles to substantively access rights. Suffrage was meant to acquire political rights for women, and through that mechanism, move towards greater equality between women and men in the public and private spheres. Yet, racial minority women, working class and immigrant women, among others,... 2020
Yung-hua Kuo FROM VULNERABILITY TO RESILIENCE: DISASTER RECOVERY LAWS AND INDIGENOUS ADAPTIVE STRATEGIES IN TAIWAN 24 Asian-Pacific Law and Policy Journal 1 (Spring, 2023) I. Introduction. 2 II. Legal History of Indigenous Peoples in Taiwan. 8 A. Precolonial Era (- the Seventeenth Century). 8 B. The Qing Era (1683 - 1895). 10 C. Japanese-Ruled Period (1895 - 1945). 12 D. Republic of China Assimilation and Relocation Policy (1945 - 1987). 15 E. Indigenous Movements and Reclaiming Rights (1987 - Present). 18 III.... 2023
Robert Costello FRONT OF THE HOUSE, BACK OF THE HOUSE: RACE AND INEQUALITY IN THE LIVES OF RESTAURANT WORKERS BY ELI REVELLE YANO WILSON 36-SUM Criminal Justice 39 (Summer, 2021) NYU Press, December 2020, 9781479800612 Eli Revelle Yano Wilson is an Assistant Professor of Sociology at the University of New Mexico, where his research interests include race and ethnicity, labor, immigration, and labor. His work shows how inequality is reproduced and challenged within workforces. Born and raised in Hawaii, Eli completed his... 2021
Katherine Conway Fundamentally Unfair: Databases, Deportation, and the Crimmigrant Gang Member 67 American University Law Review 269 (October, 2017) Provocative language painting immigrants as dangerous criminals and promises of increased immigration enforcement were cornerstones of Donald J. Trump's presidential candidacy. As president, he has maintained this rhetoric and made good on many of his promises by broadening the definition of criminal conduct for immigration enforcement purposes,... 2017
Mary Holper GANG ACCUSATIONS: THE BEAST THAT BURDENS NONCITIZENS 89 Brooklyn Law Review 119 (Fall, 2023) A teenager from El Salvador attends a high school that is populated mostly by Latine youth. He finds his friends in a group of boys. He gets into a scuffle with another boy. Little does he know, with each of these interactions, he has been accruing points in a database that tracks gang membership and affiliation. The friendships earn him two... 2023
Deborah M. Weissman GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES 20 Hastings Race and Poverty Law Journal 55 (Spring, 2023) C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... 2023
Deborah M. Weissman GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES 34 Hastings Journal on Gender and the Law 55 (Spring, 2023) C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... 2023
Pooja R. Dadhania GENDER-BASED RELIGIOUS PERSECUTION 107 Minnesota Law Review 1563 (April, 2023) Asylum law fails to protect women and girls fleeing gender-based violence that occurs in the home or the private sphere. Gender-based violence survivors who are persecuted in the private sphere currently must undertake legal gymnastics to fit their claims within the purview of U.S. asylum law. This Article reframes gender-based violence as... 2023
Pooja Gehi Gendered (In)security: Migration and Criminalization in the Security State 35 Harvard Journal of Law & Gender 357 (Summer 2012) Introduction I. Criminalization of Transgender Immigrants of Color. 364 A. Cycles of Poverty. 366 B. Walking While Trans: Police Profiling and Fourth Amendment Stops. 368 C. Disproportionate Incarceration. 372 D. Violence and Incarceration. 374 E. Criminal Procedure, Plea Bargains, and Safety. 375 II. Devolution of Criminal and Immigration Law. 377... 2012
Olivia Salcido, Cecilia Menjívar Gendered Paths to Legal Citizenship: the Case of Latin-american Immigrants in Phoenix, Arizona 46 Law and Society Review 335 (June, 2012) In this paper we seek to contribute to a greater understanding of legal citizenship by exploring the gendered experiences of Latin-American-origin immigrants in the greater Phoenix metropolitan area as they go through the legalization process. To explore this gendered angle we rely on in-depth interviews conducted from 1998 through 2008 with women... 2012
Trina Jones , Jessica L. Roberts Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law 120 Columbia Law Review 1929 (November, 2020) Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... 2020
Claire Lisker GEOGRAPHIC AND LINGUISTIC BELONGING: A PREREQUISITE FOR FULL CONSTITUTIONAL RIGHTS 39 Chicana/o-Latina/o Law Review 183 (2023) C1-2Table of Contents Introduction. 184 I. Geographic Belonging. 190 A. The Ethno-Racialized Conception of U.S. Territorial Sovereignty - A Brief History. 190 B. Modern Territorial Sovereignty: Patrolling the Border. 192 II. Linguistic Belonging. 198 A. Jury Exclusions. 199 B. English-Only Rules and Inadequate Title VII and Title VI... 2023
Valeria Gomez GEOGRAPHY AS DUE PROCESS IN IMMIGRATION COURT 2023 Wisconsin Law Review 1 (2023) Even when limited by the plenary power doctrine, noncitizen respondents in removal proceedings are entitled to due process before immigration courts. At its core, due process in immigration court requires fundamental fairness--the opportunity to be heard and to mount a defense to deportation. Implicit in this right is the ability to access the... 2023
Juliet P. Stumpf Getting to Work: Why Nobody Cares about E-verify (And Why They Should) 2 UC Irvine Law Review 381 (February, 2012) Employment is traditionally conceptualized as a private contract between employer and employee. The Immigration Reform and Control Act of 1986 (IRCA), which prohibited employers from knowingly hiring employees not authorized to work and required employers to request evidence of work authorization, introduced the government into this private... 2012
Ruben J. Garcia Ghost Workers in an Interconnected World: Going Beyond the Dichotomies of Domestic Immigration and Labor Laws 36 University of Michigan Journal of Law Reform 737 (Summer 2003) Beginning with the September 11, 2001 (9/11) terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO's hopes for legislative reform on hold, because of socially perceived connections between... 2003
Kari Hong Gideon: Public Law Safeguard, Not a Criminal Procedural Right 51 University of the Pacific Law Review 741 (2020) C1-2Table of Contents Table of Contents. 741 I. The Zig and Zags that Birthed and Confined the Right of Counsel to the Sixth Amendment. 746 A. From Powell v. Alabama to Argersinger: The (False) Narrative Confining the Right of Counsel to the Sixth Amendment. 746 B. Gideon's Foundation: The Right of Counsel as a Remedy to Asymmetry in All Public Law... 2020
Nicholas Warren GINGLES UNRAVELED: HISPANIC VOTING COHESION IN SOUTH FLORIDA 2 North Carolina Civil Rights Law Review 1 (Spring, 2022) The Voting Rights Act protects the ability of racial and language minority groups to elect candidates of choice by prohibiting states and localities from diluting those groups' votes when drawing electoral districts. e Fair Districts provisions of the Florida Constitution include a similar ban on vote dilution, plus further protections against... 2022
Farrah G. De Leon Girding the Nation's Armor: the Appropriate Use of Immigration Law to Combat Terrorism 3 Regent Journal of International Law 115 (2005) Three years after the tragic September 11, 2001, attacks, it is tempting to believe that America has returned to a time of normalcy. Yet, few would dispute that the nation is engaged in an ongoing War on Terror. September 11 has forever changed America, triggering a war that is affecting the everyday lives of Americans. This nation now realizes... 2005
Matthew N. Greller Give Me Your Tired, Your Poor, Your Fastball Pitchers Yearning for Strike Three: How Baseball Diplomacy Can Revitalize Major League Baseball and United States-cuba Relations 14 American University International Law Review 1647 (Fall 1999) INTRODUCTION. 1648 I. THE BASE-PATH: HOW UNITED STATES IMMIGRATION LAWS AND MLB RULES INTERACT TO ALLOW FOREIGN BASEBALL PLAYERS TO COMPETE IN THE UNITED STATES. 1655 A. The O Visa Category. 1656 B. The P Visa Category. 1659 C. The MLB Category. 1661 II. LA MANERA CUBANA -- THE CUBAN WAY -- HOW CUBAN PLAYERS COME TO THE UNITED STATES. 1666... 1999
Gilbert Alexander Cotto-Lazo GIVE ME YOUR TIRED, YOUR POOR, YOUR HUDDLED MASSES: AN OVERVIEW OF THE IMMIGRATION SYSTEM AND CHEVRON DEFERENCE 99 Oregon Law Review 419 (2021) Introduction. 420 I. History and Current Structure of U.S. Immigration System. 422 A. The United States' Backyard: A Backdrop of U.S. Policy Toward Latin America. 422 B. U.S. Immigration History and Current Structure. 424 C. Refugee Definition and Asylum Procedure. 426 D. Erosion of Procedural Protections for Asylees. 428 1. Expedited Removal. 428... 2021
Logan Bushell Give Me Your Tired, Your Poor, Your Huddled Masses--just as Long as They Fit the Heteronormative Ideal: U.s. Immigration Law's Exclusionary & Inequitable Treatment of Lesbian, Gay, Bisexual, Transgendered, and Queer Migrants 48 Gonzaga Law Review 673 (2012-2013) I. Introduction. 674 II. Immigration & Sexuality: An Historical Analysis of Regulating Sexuality at the Border. 677 A. 1875-1917: Establishing a Foundational Blueprint for Exclusion of LGBTQ Migrants. 678 B. 1917-1990: Adherence to the Blueprint for Exclusion of LGBTQ Migrants. 680 III. Refuge in the Courthouse? The Judiciary's Approach to... 2013
Dana Gayeski Give Me Your Tired, Your Poor, Your Legal: Why Efforts to Repeal Birthright Citizenship Are Unconstitutional and Un-american 21 Temple Political & Civil Rights Law Review 215 (Fall 2011) In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona... 2011
Nathalie Martin Giving Credit Where Credit Is Due: What We Can Learn from the Banking and Credit Habits of Undocumented Immigrants 2015 Michigan State Law Review 989 (2015) Undocumented immigrants currently make up more than 5% of the U.S. labor force and 7% of school-age children. Numbering over eleven million, undocumented immigrants unquestionably comprise a significant segment of the population, yet most lack financial security and stability on multiple fronts. In addition to the everyday risk of deportation, many... 2015
Elie Peltz GIVING VOICE TO THE SILENCED: THE POWER ACT AS A LEGISLATIVE REMEDY TO THE FEARS FACING UNDOCUMENTED EMPLOYEES EXERCISING THEIR WORKPLACE RIGHTS 54 Columbia Journal of Law and Social Problems 503 (Spring, 2021) Undocumented workers in the United States number nearly eight million and are key contributors to major industries and regional economies across the country. Yet undocumented workers often hesitate to report labor law violations due to the fear of making themselves known to immigration authorities. In recent years, employers have felt emboldened to... 2021
Emily Gleichert Global Apathy and the Need for a New, Cooperative International Refugee Response 16 Northwestern Journal of Law & Social Policy 119 (Fall, 2020) While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office's traditional solutions for... 2020
Pantea Javidan Global Class and the Commercial-sexual Exploitation of Children: Toward a Multidimensional Understanding 1 Columbia Journal of Race and Law 365 (July, 2012) This Essay draws together several focal points of the Third Annual National People of Color Conference in 2010, human trafficking, racial contexts, criminal law, immigration law and international law, while addressing the core theme of post-racialism and other posts. The purpose of this Essay is three-fold. First, it challenges the notion that we... 2012
Nez̆a Kogovs̆ek S̆alamon, Barry Frett, Elizabeth Stark Ketchum Global CrImmigration Trends 81 IUS Gentium Gentium 3 (2020) Abstract Crimmigration, generally defined, is the increased entanglement of criminal and immigration procedures. Scholars have been observing this trend in the United States, Australia, and various European countries, as well as on other continents. Historically, states handled immigration infractions through civil or administrative systems... 2020
Berta Esperanza Hernández-Truyol , Kimberly A. Johns Global Rights, Local Wrongs, and Legal Fixes: an International Human Rights Critique of Immigration and Welfare "Reform" 71 Southern California Law Review 547 (March, 1998) I. INTRODUCTION. 549 II. IMMIGRATION IN THE UNITED STATES. 552 III. HUMAN RIGHTS LAW. 563 IV. INTERNATIONAL HUMAN RIGHTS VIOLATIONS. 568 A. Nondiscrimination Protections Under International Human Rights Norms. 570 1. Classifications Based on Race, Ethnicity, or National Origin. 570 2. Classifications Based on Sex. 572 3. The Status of Children in... 1998
Evelyn H. Cruz , Robert J. McWhirter G-men Run Amuck 45-AUG Arizona Attorney 34 (July/August, 2009) Don't shoot, G-Men; don't shoot, G-Men! So cried gangster Machine Gun Kelly with hands up when the Feds arrested him in 1933--at least that's the version from The FBI Story with Jimmy Stewart. After that, every kid in America wanted to be a G-Man! Now, theoretically, every cop in America can enforce immigration law and be a G-Man... 2009
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
Chelsea M. Baltes God and the Illegal Alien, United States Immigration Law and a Theology of Politics by Robert W. Heimburger 32 Georgetown Immigration Law Journal 237 (Winter, 2018) Robert W. Heimburger is Associate Chaplain with the Oxford Pastorate, Associate Researcher at the Fundación Universitaria Seminario Bíblico de Colombia, and Editor of IFES Word & World. Heimburger begins his book connecting to the reader on an emotional level with first-hand accounts of individual's unsuccessful attempts to illegally enter the... 2018
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
Allen Thomas O'Rourke Good Samaritans, Beware: the Sensenbrenner-king Bill and Assistance to Undocumented Migrants 9 Harvard Latino Law Review 195 (Spring, 2006) The United States has always been an immigrant nation. From talented students and professionals to your tired, your poor, your huddled masses yearning to breathe free, migrants have, since the nation's birth, come from around the world seeking liberty and better fortunes. The nation has become very diverse by consequence, and in recent years, the... 2006
Michael A. Olivas Governing Badly: Theory and Practice of Bad Ideas in College Decision Making 87 Indiana Law Journal 951 (Summer, 2012) I. Legacy or Alumni Preference Admissions. 955 II. Linking State College Appropriations to Test Scores. 959 III. Program Discontinuance. 965 IV. Playing Immigration Cop. 973 Conclusion. 974 2012
Anil Kalhan, School of Law, Drexel University Governing Immigration Through Crime: a Reader. By Julie A. Dowling and Jonathan Xavier Inda. Stanford University Press, 2013. 320 Pp. $29.95 Paperback 49 Law and Society Review 292 (March, 2015) In Governing Immigration Through Crime, Julie A. Dowling and Jonathan Xavier Inda present an important collection of essays examining different ways in which the lines between immigration control and criminal law enforcement in the United States have blurred over the past two decades. As they explain in their introduction, the volume considers how... 2015
Ira S. Rubinstein , Bilyana Petkova Governing Privacy in the Datafied City 47 Fordham Urban Law Journal 755 (June, 2020) Privacy--understood in terms of freedom from identification, surveillance, and profiling--is a precondition of the diversity and tolerance that define the urban experience. But with smart technologies eroding the anonymity of city sidewalks and streets, and turning them into surveilled spaces, are cities the first to get caught in the line of... 2020
Mark L. Jones GRABBING THE BULL BY THE HORNS: JURISPRUDENTIAL, ETHICAL, AND OTHER LESSONS FOR LAWYERS AND LAW STUDENTS IN THE IMMIGRATION LABYRINTH AND BEYOND 45 University of Arkansas at Little Rock Law Review 381 (Spring, 2023) C1-2Table of Contents I. The Role of Stories and the Myth of Theseus and the Minotaur. 388 II. The Myth of Theseus and the Minotaur and the Nature of Law in the Modern Nation-State. 392 A. Origin and Functions of Law. 393 1. Law in General. 393 2. Immigration Law. 399 B. Sources of Governmental Power and Law. 402 1. Law in General. 402 2.... 2023
Cristina M. Rodriguez Guest Workers and Integration: Toward a Theory of What Immigrants and Americans Owe One Another 2007 University of Chicago Legal Forum 219 (2007) The presence of over eleven million unauthorized immigrants in the United States has generated a wide-ranging and charged debate in recent years over the need to overhaul our immigration laws. Among the suggested reforms, the most novel (for the United States) and controversial has been the proposal that we adopt a large-scale temporary worker... 2007
Barry R. Chiswick Guidelines for the Reform of Immigration Policy 36 University of Miami Law Review 893 (September, 1982) In proposing optimal immigration criteria for the United States, the author focuses on the economic consequences of immigration, including the labor-market productivity of immigrants and their impact on the native population. Current immigration policy, according to the author, emphasizes kinship with a United States citizen or resident alien as... 1982
Jonathan Kwortek Guilty Beyond a Reasonable Vote: Challenging Felony Disenfranchisement under Section 2 of the Voting Rights Act 93 Southern California Law Review 849 (May, 2020) History is not the past. It is the present. We carry our history with us. We are our history. If we pretend otherwise, we are literally criminals. James Baldwin C1-2TABLE OF CONTENTS INTRODUCTION. 850 I. BACKGROUND. 853 A. Felon Disenfranchisement: Historical Origins And Adoption in the United States. 853 1. Origins of Felon Voting Restrictions.... 2020
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