Author | Title | Citation | Summary | Year | Key terms In Title or Summary |
Gregory C. Sisk , Michael Heise |
Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts |
98 Iowa Law Review 231 (November, 2012) |
In our continuing empirical study of religious-liberty decisions in the federal courts, American Muslims were at a distinct and substantial disadvantage in raising free exercise or accommodation claims between 1996 and 2005. With other variables held constant, the likelihood of success for non-Muslim claimants in Religious Free Exercise claims was... |
2012 |
Yes |
Sudha Setty |
National Security Interest Convergence |
4 Harvard National Security Journal 185 (2012) |
Over a decade after the attacks of September 11, 2001, lawmakers, scholars, activists, and policy makers continue to confront the questions of whether and to what extent robust counterterrorism laws and policies should be reined in to protect against the abuse of civil rights and the marginalization of outsider groups. This Article uses political...; Search Snippett: ...and Deterrence Effects in Counter-Terrorism Policing: A Study of Muslim Americans , 44 Law & Soc'y Rev. 365 (2010) ; Girardeau A. Spann... |
2012 |
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Douglas M. Coulson |
Persecutory Agency in the Racial Prerequisite Cases: Islam, Christianity, and Martyrdom in United States v. Cartozian |
2 University of Miami Race & Social Justice Law Review 117 (2012) |
Introduction. 119 The Legal and Historical Conte xt of Cartozian. 131 The Cartozian Trial: A Story of Persecution and Martyrdom. 143 The Historical Interpretation of Race and the Problem of Narrativity in Judge Wolverton's Opinion. 166 Transcending Racial Divisions by Unifying Against Common Enemies. 178 |
2012 |
Yes |
David Smith |
Presumed Suspect: Post-9/11 Intelligence Gathering, Race, and the First Amendment |
11 UCLA Journal of Islamic and Near Eastern Law 85 (2011-2012) |
I. Introduction. 86 II. The FBI's Post-9/11 Strategy in the War on Terror. 94 A. Confidential Informants and the Presumption of Terrorism within the Muslim Community. 95 i. Lodi, California. 101 ii. Newburgh, New Jersey. 103 B. Further Government Programs that View Islam as a Terrorist Threat. 106 III. Muslim Racialization. 109 A. Race and... |
2012 |
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Bridgette Dunlap |
Protecting the Space to Be Unveiled: Why France's Full Veil Ban Does Not Violate the European Convention on Human Rights |
35 Fordham International Law Journal 968 (May, 2012) |
INTRODUCTION 969 I. THE VEIL AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS 973 A. Implicated Rights Under the Convention 974 1. Reasons Women Veil and Their Corresponding Rights 975 2. The Prohibition Against Discrimination 979 B. Other Interested Parties: Interest Balancing in ahin v. Turkey 980 1. Legitimate Aims of the State: Public Order and the...; Search Snippett: ...asserting that antifundamentalists have expressed frustration with groups that criticize racism in France but do not condemn Muslim fundamentalism strongly); see also Marieme Hélie-Lucas, A South-North Transfer of Political Competence: Women of Migrant Muslim Descent in France An Overview, in Women Living Under Muslim Laws, Dossier 30-31: The Struggle for Secularism in Europe and North |
2012 |
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Hilal Elver |
Racializing Islam Before and after 9/11: from Melting Pot to Islamophobia |
21 Transnational Law & Contemporary Problems 119 (Spring 2012) |
I. Point of Departure. 119 II. Paving the Road for Racializing Islam: Pre-9/11 Era. 123 A. Muslim Community in the United States. 124 1. Immigrants. 125 2. Natives: African American Muslims. 128 B. Prejudices Against Muslims and Middle Easterners in the Pre-9/11 Era. 130 1. Discrimination Against Middle Easterners and Muslims in the Process of... |
2012 |
Yes |
Spearit |
Raza Islámica: Prisons, Hip Hop & Converting Converts |
22 Berkeley La Raza Law Journal 175 (2012) |
The interface of prisons, hip hop music, and Islam is a complicated subject. At close examination, however, patterns begin to emerge. Among the most prevalent is how scores of African-Americans, as well as increasing numbers of Latinos, arrive at mainstream Islam. The journey is a familiar script: it begins with a marginal, often racialist... |
2012 |
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Jeffrey R. Dudas, University of Connecticut |
Religion, Race, Rights: Landmarks in the History of Modern Anglo-american Law. By Eve Darian-smith. Oxford and Portland, Oregon: Hart Publishing, 2010. 332 Pp. $38.00 Paper |
46 Law and Society Review 925 (December, 2012) |
The English explorer Sir Francis Drake arrived in the San Francisco bay on June 5, 1579 bearing characteristic, eventually parodic markers of modern European civilization. Ignoring the names given to the region by its Miwok Indian inhabitants, Drake declared it Nova Albion (New England) because the bay's chalk-white cliffs reminded him of the...; Search Snippett: ...the conceptual founding of modern times, Darian-Smith emphasizes the racial and religious inflections of the discourses surrounding citizenship and individual... |
2012 |
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Thomas E. Raccuia |
Rluipa and Exclusionary Zoning: Government Defendants Should Have the Burden of Persuasion in Equal Terms Cases |
80 Fordham Law Review 1853 (March, 2012) |
Zoning and other land use regulations are often used to hinder the operation of religious institutions or the construction of their facilities. In 2000, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA), in part to combat such exclusionary land use practices. RLUIPA's Equal Terms Provision forbids governments from...; Search Snippett: ...supra note 11, at 23 (noting that hate speech against Muslims is growing and becoming an accepted form of racism in America . See id. (noting that most heated anti-Muslim encounters... |
2012 |
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Yaser Ali |
Shariah and Citizenship--how Islamophobia Is Creating a Second-class Citizenry in America |
100 California Law Review 1027 (August 1, 2012) |
In 2010, Oklahoma passed the Save Our State Amendment, becoming the first state to officially ban Sharia law. Despite the fact that a federal court issued an injunction blocking the measure--holding that the ban violated the Establishment Clause--nearly two dozen state legislatures have since proposed similar measures. In this Comment, I... |
2012 |
Yes |
Mitchel Kay |
The French Burqa Ban: a Global Look at the Burqa Ban, its Impact and Effects, and Whether a Growing Fear of Islam Could Lead America to Adopt French Policy |
33 Women's Rights Law Reporter 351 (Winter-Spring 2012) |
France garnered international attention in 2004 when it controversially outlawed the wearing of headscarves in public schools. In subsequent years, Turkey and Syria have instituted comparable measures. In 2010, France caused even more controversy, when they outlawed the burqa and the niqab in public places. Other countries, such as Germany,... |
2012 |
Yes |
Mohammad Salman Sakrani |
The Third Circuit's Massacre of Title Vii's Undue Hardship Test |
45 U.C. Davis Law Review 1557 (April, 2012) |
Introduction. 1559 I. Background. 1560 A. Summary Judgment Standards. 1561 B. Understanding Title VII. 1562 C. What Is a Khimar?. 1565 D. The Undue Hardship Test in the Third Circuit. 1566 1. Fact and Magnitude of Hardship -- Protos v. Volkswagen of America, Inc.. 1566 2. Need for Uniformity -- Webb v. City of Philadelphia. 1568 E. Free Exercise in...; Search Snippett: ...I. Ahmad, A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion, 92 Cal. L. Rev. 1259, 1279-80 (2004) (discussing assumptions that all Muslims are terrorists); Susan M. Akram & Maritza Karmely, Immigration and Constitutional Consequences of Post-9/11 Policies Involving Arabs and Muslims in the United States: Is Alienage a Distinction Without a Difference?, 38 UC Davis L. Rev. |
2012 |
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Liaquat Ali Khan |
A Portfolio Theory of Foreign Affairs: U.s. Relations with the Muslim World |
20 Transnational Law & Contemporary Problems 377 (Summer 2011) |
I. Introduction. 377 II. Portfolio Managers and Stakeholders. 381 A. Portfolio Managers. 382 B. General and Special Stakeholders. 384 III. Portfolio Management. 389 A. Portfolio Objectives. 390 B. Portfolio Tools. 396 C. Regulatory Agencies. 398 IV. Vested Portfolios. 400 A. People's Portfolios. 401 B. Select Portfolios. 402 C. Management... |
2011 |
Yes |
Jennifer Mason McAward |
Congressional Authority to Interpret the Thirteenth Amendment: a Response to Professor Tsesis |
71 Maryland Law Review 60 (2011) |
In his essay Congressional Authority to Interpret the Thirteenth Amendment, Alex Tsesis responds to my article, The Scope of Congress's Thirteenth Amendment Enforcement Power After City of Boerne v. Flores. I hope to take this opportunity to further that dialogue, clarifying my own position and challenging Professor Tsesis's arguments when...; Search Snippett: ...any act motivated by arbitrary class prejudice . See, e.g., United States v. Nelson, 277 F.3d 164 (2d Cir. 2002) ( racial and religious hate crimes); Williams v. City of New Orleans... |
2011 |
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Erica Caple James |
Governing Gifts: Law, Risk, and the "War on Terror" |
10 UCLA Journal of Islamic and Near Eastern Law 65 (2010-2011) |
This essay seeks to trace the contours of a changing legal sensibility regarding the governance of charitable gifts in the United States with a particular focus on Muslim American communities. I analyze how anti-terrorism financing laws and practices are criminalizing Islamic charitable giving and transforming the legal sensibility and legal... |
2011 |
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Hariqbal Basi |
Indianizing Hollywood: the Debate over Copyright Infringement by Bollywood |
18 UCLA Entertainment Law Review 33 (Fall, 2010-Spring, 2011) |
I. Introduction. 34 II. Applicable Copyright Law in U.S. and India. 38 A. International Standards for Intellectual Property Rights. 38 B. What U.S. and Indian Copyright Law Protect. 40 C. Defining Infringement. 41 D. Standard of Review: Ordinary Observer Test. 41 E. Fair Use Defense. 43 III. History and Examples of Bollywood Remakes of Hollywood...; Search Snippett: ...59. . Prema Kurien, Religion, Ethnicity and Politics: Hindu and Muslim Indian Immigrants in the United States , 24 Ethnic & Racial Studies 263, 266 (2001), available at |
2011 |
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Necia B. Hobbes |
Out of the Frying Pan into the Fire: Heightened Discrimination & Reduced Legal Safeguards When Pandemic Strikes |
72 University of Pittsburgh Law Review 779 (Summer, 2011) |
Everybody was living in deadly fear because it was so quick, so sudden, and so terrifying. -Survivor of the 1918 Spanish Influenza When the H1N1 epidemic broke out in 2009, Wall Street banking corporations received shipments of the long-awaited vaccine ahead of unmet requests from many hospitals, cancer centers, pediatric offices, and schools....; Search Snippett: ...66 (discussing the spike in hate crimes that occurred as racial violence swept across the United States in the aftermath of September 11 id. at 1278 (discussing the fungibility of Muslim-looking People); CNN, Hate Crime Reports Up In Wake of Terrorist Attacks, CNN.com, Sept. 17, 2001; United States Department of Justice Civil Rights Division, Enforcement and Outreach Following... |
2011 |
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Sara Lunsford Kohen |
Religious Freedom in Private Lawsuits: Untangling When Rfra Applies to Suits Involving Only Private Parties |
10 Cardozo Public Law, Policy and Ethics Journal 43 (Fall 2011) |
Introduction. 44 I. Background. 47 A. Supreme Court Free Exercise Jurisprudence and RFRA. 47 B. An Unresolved Question: Does RFRA Apply to Suits Between Private Parties?. 49 i. Courts Holding RFRA Applies. 50 a. The Second Circuit: Hankins v. Lyght. 50 b. The Eighth Circuit: In re Young. 51 c. The District of Columbia Circuit: EEOC v. Catholic...; Search Snippett: ...neutral, generally applicable laws. See, e.g., Bob Jones Univ. v. United States, 461 U.S. 574 (1983) (holding that the government's interest in promoting racial equality in education was sufficiently compelling to overcome the university's free exercise claim); United States v. Lee, 455 U.S. 252 (1982) (rejecting a claim for... |
2011 |
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Rohen Peterson |
The Emperor's New Scanner: Muslim Women at the Intersection of the First Amendment and Full-body Scanners |
22 Hastings Women's Law Journal 339 (Summer 2011) |
The image of Muslim women has been used as both a symbol of a victimized populace and as a symbol of hope. Much of this rhetoric has surrounded the importance of what most in Western countries refer to as the veil. However, this stereotypical concept of the veiled Muslim woman belies the individual women themselves. In a country such as the... |
2011 |
Yes |
Shafiqa Ahmadi |
The Erosion of Civil Rights: Exploring the Effects of the Patriot Act on Muslims in American Higher Education |
12 Rutgers Race & the Law Review 1 (2011) |
The USA PATRIOT Act (the Patriot Act) was drafted in response to the horrific terrorist events of 9/11 and signed into law by President George W. Bush on October 26, 2001. While the Patriot Act was initially well received as an expeditious and comprehensive governmental response to the continued threat on national security, the convergence of... |
2011 |
Yes |
|
The Face of Islam: the Perception of Muslims in America |
11 University of Maryland Law Journal of Race, Religion, Gender and Class 89 (Spring 2011) |
Hera Hashimi: I would like to welcome all of you back to the law school. We took a little field trip, and the brisk walk in the cold was I guess part of the master plan to wake everyone up again. So I hope that everyone is ready to engage in our final panel of the day. We are about to begin panel 3, The Face of Islam: Perception of Muslims in... |
2011 |
Yes |
Kevin R. Johnson |
The Importance of Student and Faculty Diversity in Law Schools: One Dean's Perspective |
96 Iowa Law Review 1549 (July, 2011) |
I. Introduction. 1550 II. The Educational Benefits of Student Diversity. 1551 A. Grutter v. Bollinger. 1552 B. Policy Arguments Against Race-Conscious Admissions Schemes. 1554 III. Educational Benefits of Faculty Diversity. 1556 A. The Benefits of Faculty Diversity to Teaching. 1557 B. The Benefits of Faculty Diversity to Legal Scholarship. 1562 C....; Search Snippett: ...I. Ahmad, A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion, 92 Calif. L. Rev. 1259... |
2011 |
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Bryan Adamson |
The Muslim Manchurian Candidate: Barack Obama, Rumors, and Quotidian Hermeneutics |
25 Journal of Civil Rights & Economic Development 581 (Summer 2011) |
Backdrop: In a March, 2008, 60 Minutes segment, Steve Kroft interviewed Kenny Schoenholtz, an Ohio resident. He appeared to be working-class, white and middle-aged. The subject of the interview was the upcoming Democratic presidential primary. Steve Kroft asked which candidate Mr. Schoenholtz favored. Mr. Schoenholtz mused: I'm leaning towards... |
2011 |
Yes |
Sean Clerget |
Timing Is of the Essence: Reviving the Neutral Law of General Applicability Standard and Applying it to Restrictions Against Religious Face Coverings Worn While Testifying in Court |
18 George Mason Law Review 1013 (Summer, 2011) |
A subtle clash of civilizations is occurring in courts across Europe and in the United States. Conflicts have arisen between these legal systems, and the cultural and religious practices of Muslims, which are often at odds with the societal norms of Western countries. Public debate continues to rage regarding the extent to which countries must make... |
2011 |
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Aziz Z. Huq , Tom R. Tyler, Stephen J. Schulhofer , University of Chicago, New York University |
Why Does the Public Cooperate with Law Enforcement? |
17 Psychology, Public Policy, and Law 419 (August, 2011) |
This study addresses the extension of the procedural justice model for understanding public cooperation with law enforcement to new policing contexts and new minority populations. The study draws on four recent surveys of public reactions to policing against crime or against terrorism across different populations to examine whether the changing...; Search Snippett: ...York, NY: Russell Sage Foundation. Cashin, S. (2010). To be Muslim or Muslim-looking in America: A comparative exploration of racial and religious prejudice in the 21st century. Duke Forum for... |
2011 |
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Amany R. Hacking |
A New Dawn for Muslims: Asserting Their Civil Rights in Post-9/11 America |
54 Saint Louis University Law Journal 917 (Spring 2010) |
Islam is the fastest-growing religion in America and the world. Many scholars predict that Islam will soon become the largest minority religion in the United States. The questions remaining for many Americans: Who are these Muslims? Where do they fit in American society? For many legal scholars and attorneys, the questions more specifically are:... |
2010 |
Yes |
Ming H. Chen |
Alienated: a Reworking of the Racialization Thesis after September 11 |
18 American University Journal of Gender, Social Policy and the Law 411 (2010) |
I. Introduction. 412 II. Racialization Thesis: Post-September 11 Responses to Arabs, Muslims, and South Asians. 414 A. Processes of Racial Formation. 415 B. Orientalism and the Perpetual Foreigner Motif. 417 III. Alienation: A Reworking of the Racialization Thesis. 420 A. Definition of Alienation. 420 B. Specific Instances of Alienation after... |
2010 |
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Christine Tamer |
Arab Americans, Affirmative Action, and a Quest for Racial Identity |
16 Texas Journal on Civil Liberties & Civil Rights 101 (Fall 2010) |
I. Introduction. 101 II. The Worst of Both Worlds. 103 A. Post 9-11 Racism, Hate, and Discrimination. 105 B. Discrimination, Racism, and Overt Acts of Hate on Campus. 106 III. Officially White; Realistically Black. 108 A. Check it Right, You Ain't White!. 112 B. The Mark of Blackness. 114 IV. Race-Based Affirmative Action and Why Arab Americans...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims, 58 N.Y.U. Ann. Surv. Am. L. 295, 303 (2002) (noting that Professor Nabeel Abraham, a leading commentator on racism against Arabs and Muslims in the United States, has identified three distinct ways in which Arab Americans have... |
2010 |
|
Hugh K. Murtagh, Michael V. Gigante, Kelly Geoghegan, John Wunderlin, Paul Mignano, Nalini Gupta, J. Benton Heath, Sylwia Wewiora, Graham Frederick Dumas, Alexandra Mccown |
Book Annotations |
42 New York University Journal of International Law & Politics 1031 (Spring 2010) |
Begley, Louis, Why the Dreyfus Affair Matters (New Haven, Connecticut: Yale University Press, 2009). Cipriani, Don, Children's Rights and the Minimum Age of Criminal Responsibility: A Global Perspective (Surrey, United Kingdom: Ashgate Publishing Company, 2009). Clarke, Kamari, Fictions of Justice: The International Criminal Court and the Challenge...; Search Snippett: ...the French army, more outrageous misconduct may await discovery. The racism parallel fits less easily--there is no pervasive, sustained, pseudo-scientific attack on Arab- or Muslim-Americans in the United States--but it arguably demands more attention. If Americans have not... |
2010 |
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Shoba Sivaprasad Wadhia |
Business as Usual: Immigration and the National Security Exception |
114 Penn State Law Review 1485 (Spring 2010) |
I. Introduction. 1486 II. Continuing Impact of Post 9-11 Immigration Practices. 1491 A. PENTBOTTM Detentions and OIG Detainee Report. 1401 B. OIG MDC Report. 1493 C. Turkmen Lawsuit. 1495 D. 48 Hour Rule. 1497 E. Closed Hearings. 1499 F. Alien Absconder Initiative. 1499 G. Voluntary Interview Program. 1501 H. Special Registration. 1502 I. Other...; Search Snippett: ...have classified the government's selective enforcement of these men as racial profiling, highlighting the fact that while the vast majority of so called absconders came primarily from Latin America, the government's targeting of the slice of men from Muslim-majority countries was discriminatory. [FN68] While the AAI became somewhat... |
2010 |
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Sudha Setty |
Comparative Perspectives on Specialized Trials for Terrorism |
63 Maine Law Review 131 (2010) |
An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret, and to misapply even the best of laws. He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself. President Obama has made clear that the...; Search Snippett: ...provides a recruiting tool for terrorist organizations. [FN104] The extensive racial and ethnic profiling of Muslim men as part of the United States' post-September 11 counterterrorism activities yielded limited amounts of relevant information, [FN105] but created the perception that racial and ethnic bias and animus were an inherent part of... |
2010 |
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Dawinder S. Sidhu |
First Korematsu and Now Ashcroft V. Iqbal: the Latest Chapter in the Wartime Supreme Court's Disregard for Claims of Discrimination |
58 Buffalo Law Review 419 (April, 2010) |
I see not the slightest probability in the foreseeable future that any conqueror can impose oppression upon us, [but] the dangers to our liberties are those that we create among ourselves. As a general matter, the body of Supreme Court law is a quite peculiar organism whose growth follows a somewhat predictable process. Its short-term gains are...; Search Snippett: ...finding unremarkable Iqbal's allegations that the government engaged in blanket racial profiling of Muslims and Arabs because this evaluation of the merits of Iqbal's... |
2010 |
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Lama Abu Odeh |
Honor Killings and the Construction of Gender in Arab Societies |
58 American Journal of Comparative Law 911 (Fall 2010) |
This Article discusses the regulation and adjudication of honor killings in the Arab world and traces the distributive and disciplinary impact of such regulation/adjudication on Arab men and Arab women's sexuality. In the afterword, the Article outlines the transformative effect of Islamicization of culture in the Arab world in the past twenty... |
2010 |
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David A. Harris |
Law Enforcement and Intelligence Gathering in Muslim and Immigrant Communities after 9/11 |
34 New York University Review of Law and Social Change 123 (2010) |
Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the United States. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have... |
2010 |
Yes |
Lance D. Laird, Wendy Cadge, Boston University School of Medicine, Brandeis University |
Negotiating Ambivalence: the Social Power of Muslim Community-based Health Organizations in America |
33 PoLAR: Political and Legal Anthropology Review 225 (November, 2010) |
This article analyzes three ways in which groups of socially and politically marginalized first-generation Muslim immigrants used the power of nongovernmental organizations (NGOs) to advance their interests in the United States. Specifically we examine the founding of nine Muslim community-based health organizations (MCBHOs) in Chicago, Detroit,... |
2010 |
Yes |
Kamille Wolff |
Out of Many, One People; E Pluribus Unum: an Analysis of Self-identity in the Context of Race, Ethnicity, and Culture |
18 American University Journal of Gender, Social Policy and the Law 747 (2010) |
I. Introduction. 748 II. Self-Identity and Ethnicity. 750 A. Self-Identity Viewed Through the Immigrant Lens. 750 B. Self-Identity and Nationality. 752 C. Self-Identity in the Shape of Ethnic Consciousness. 756 III. Self-Identity and Culture. 764 A. Music as Cultural Expression. 764 1. Reggae and Reggaetón. 764 2. The Hip Hop Movement. 768 IV....; Search Snippett: ...Effect, March 17, 2010, america-image-president-obama-trip; see also Pew Research Ctr., Confidence in Obama Lifts U.S. Image Around the World: Most Muslim Publics Not So Easily Moved (2009) (discussing how Obama had improved international opinion on the United States as of July 2009); Moji Anderson, Barack Obama in Jamaica... |
2010 |
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Clifford Ashcroft-Smith |
Rhetoric to Reality: Citizenship Delays and U.s. International Obligations in the Post-9/11 Landscape |
16 Washington and Lee Journal of Civil Rights and Social Justice 447 (Spring, 2010) |
C1-3Table of Contents L1-2Introduction . R3448. I. The Limits of the United States' Obligations Under International Human Rights Law. 452 II. U.S. Nondiscrimination Obligations Under the ICCPR. 454 A. Textual Confusion. 455 B. Confusion to Clarity: The United States' RUDs. 458 C. Rhetoric Revolt: HRC Conflictions to State Party RUDs. 459 III. ICCPR...; Search Snippett: ...Global Justice, New York Univ. Sch. of Law, Irreversible Consequences: Racial Profiling and Lethal Force in the War on Terror 18... |
2010 |
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Sacred: Religion, Sexuality, and the Law |
16 Cardozo Journal of Law & Gender 637 (Spring 2010) |
MR. AMOL SINHA: Welcome to SACRED: Religion, Sexuality and the Law, the Cardozo Journal of Law and Gender's Symposium for 2010. I wanted to take a minute to explain my motivation for this event. We live in a world facing radicalism, jihadists, Televangelists, megachurches, polygamist communes and hate crimes. We also live in a world with rape,...; Search Snippett: ...about today, but what also flew through my mind was racial profiling, including religious profiling post-9/11, how often and... |
2010 |
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Emily B. Kanstroom |
Sans-papiers, sans Recourse? Challenging Recent Immigration Laws in France |
33 Boston College International and Comparative Law Review 87 (Winter, 2010) |
The 1789 Declaration of the Rights of Man and of the Citizen established natural and inalienable rights not only for French citizens but also for all of humanity. This historic commitment to fundamental rights and liberties notwithstanding, immigrants without legal documents living in France (sans-papiers) often do not benefit from some...; Search Snippett: ...Immigration and the Politics of Citizenship in Europe and North America 1, 8 (William Rogers Brubaker ed., 1989); Tom Hundley, Muslim Immigrants Find France Far from Welcoming Hous. Chron. , Nov. 23... |
2010 |
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Hera Hashmi |
Too Much to Bare? A Comparative Analysis of the Headscarf in France, Turkey, and the United States |
10 University of Maryland Law Journal of Race, Religion, Gender and Class 409 (Fall 2010) |
In July 2009, a man stabbed and killed a pregnant woman wearing a headscarf in a German courtroom during an appellate trial for his Islamophobic remarks against her. Her death led to outrage around the world, and she became known as the martyr of the veil, a woman killed for her religious belief. Yet it was just a simple piece of cloth that... |
2010 |
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Keith Aoki , John Shuford |
Welcome to Amerizona--immigrants Out!: Assessing "Dystopian Dreams" and "Usable Futures" of Immigration Reform, and Considering Whether "Immigration Regionalism" Is an Idea Whose Time Has Come |
38 Fordham Urban Law Journal L.J. 1 (November, 2010) |
In this essay, we introduce the heuristics of dystopian dream and usable future to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism as reflected in legislative and law enforcement activities, policy proposals, speeches, and scholarship. We...; Search Snippett: ...law enforcement officers, which invites excessive reliance on race). On racial profiling and anti-terrorism initiatives, see R. Richard Banks, Racial Profiling and Antiterrorism Efforts, 89 Cornell L. Rev. 1201 (2004... |
2010 |
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Ronald Sievert |
A New Historical Perspective on National Security Law Policies During the Bush Administration and Their Implications for the Future; Constitutional in Conception, Problematic in Implementation |
7 Rutgers Journal of Law & Public Policy 35 (Fall, 2009) |
C1-3TABLE OF CONTENTS I. Introduction. 36 II. Patriot Act. 39 A. Sneak and Peak Warrants. 42 B. Library Records. 43 C. Internet Communications. 44 III. Detention, Military Commissions and Denial of Habeas Corpus. 49 A. Detention. 51 B. Military Commissions. 55 C. Habeas Corpus. 65 D. Motivation. 74 IV. NSA Surveillance. 90 V. Interrogation. 96...; Search Snippett: ...See e.g. Press Release, ACLU, Sweeping Homeland Security Investigation of Muslims Was Unconstitutional and Discriminatory, Says ACLU , Oct. 31, 2008, available... |
2009 |
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Tom Kurland, Jennelle Menendez |
Ashcroft, Former Att'y Gen. v. Iqbal (07-1015) Appealed from the U.s. Court of Appeals for the Second Circuit (June 14, 2007) Oral Argument: Dec. 10, 2008 |
56-FEB Federal Lawyer 52 (February, 2009) |
In the wake of 9/11, the Federal Bureau of Investigation and the Immigration and Naturalization Service arrested Javaid Iqbal, a Muslim citizen of Pakistan. Following his arrest in New York City, Iqbal was separated from the general prison population and housed in a special detention center known as the Administrative Maximum Special Housing Unit.... |
2009 |
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Alia Malek |
Dying with the Wrong Name: the Role of Law in Racializing and Erasing Arabs in America |
1 Georgetown Journal of Law & Modern Critical Race Perspectives 211 (Fall, 2009) |
And what is it to acknowledge the laws but to stoop down and trace their shadows upon the earth? If Arabs did not exist in every American's consciousness before the events of September 11, 2001--whether as a part of America's melting pot society and history or as a group of people generally from the Middle East --after the tragedy, they surely...; Search Snippett: ...Obsessed See generally Jack Shaheen, The TV Arab: Arab and Muslim Stereotyping in American Popular Culture (1984); Michael W. Suleiman, The Arabs in theMind of America (1988); Nabeel Abraham, Anti-Arab Racism and Violence in the United States The Development of Arab American Identity (Ernest McCarus, ed. 1994... |
2009 |
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Adrien Katherine Wing |
International Law, Secularism, and the Islamic World |
24 American University International Law Review 407 (2009) |
INTRODUCTION. 407 I. GLOBAL CRITICAL RACE FEMINISM. 409 II. FUNDAMENTALISM IN THE MUSLIM/ARAB WORLD. 414 III. A WESTERN EXAMPLE: FRANCE. 418 IV. THREE EXAMPLES FROM THE MUSLIM/ARAB WORLD. 420 A. Turkey. 420 B. Tunisia. 422 C. Palestine. 424 V. PRAXIS. 425 CONCLUSION. 427 |
2009 |
Yes |
Rebecca J. Dobras |
Is the United Nations Endorsing Human Rights Violations?: an Analysis of the United Nations' Combating Defamation of Religions Resolutions and Pakistan's Blasphemy Laws |
37 Georgia Journal of International and Comparative Law 339 (Winter, 2009) |
The September 11th terrorist attacks on the World Trade Center and other terrorist attacks throughout the world since the beginning of the millennium have caused a dramatic increase in Western discrimination against Muslims, a problem of grave international concern. Muslims are frequently associated with religious extremism and terrorism, and the... |
2009 |
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A. Boyle , University of Illinois College of Law |
Law and Resistance: the Republic in Crisis and the People's Response |
2 the crit: a Critical Studies Journal 154 (Winter, 2009) |
National Lawyers Guild, Northwestern University Student Law School Chapter, and Chicago Chapter of the NLG Since the impeachable installation of George Bush Jr. as President by the U.S. Supreme Court's Gang of Five, the people of the world have witnessed a government in the United States that has demonstrated little if any respect for...; Search Snippett: ...approve their elimination: Hiroshima and Nagasaki. In post-9/11 America we are directly confronted with the prospect of a nuclear war of extermination conducted by our White Racist Judeo-Christian Power Elite against People of Color in the Muslim and Arab worlds in order to steal their oil and... |
2009 |
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Bill Ong Hing |
Nafta, Globalization, and Mexican Migrants |
5 Journal of Law, Economics & Policy 87 (Spring, 2009) |
I. Introduction. 88 II. NAFTA--Where Things Went Wrong. 94 A. The Conventional Background Description of NAFTA. 96 B. The Results of NAFTA. 97 C. The Effect of NAFTA on the United States. 102 D. The Dark Side of NAFTA. 104 III. Where Do Maquiladoras Fall Into the Equation?. 111 IV. Mexico's Economy. 113 V. Globalization. 121 A. Welcome to the...; Search Snippett: ...Johnson, Open Borders?, supra note 523, at 216-17. Considers racist sentiment directed at Latinos in the United States and the increased discrimination and hate crimes directed at Arabs, Muslims, and South Asians after 9/11. Id. Id. at... |
2009 |
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Clive Walker |
Neighbor Terrorism and the All-risks Policing of Terrorism |
3 Journal of National Security Law & Policy 121 (2009) |
Debate continues as to the transformations in terrorism evidenced by the September 11 attacks and since that time. Some, including the former U.S. President, point to changes in the nature of terrorism and argue that September 11 constituted a wholly new form of terrorism that demanded a novel response. Given the prior events of the World Trade...; Search Snippett: ...Sameer M. Ashar, Immigration Enforcement and Subordination: The Consequences of Racial Profiling After September 11, 34 Conn. L. Rev. 1185, 1197... |
2009 |
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Girardeau A. Spann |
Postracial Discrimination |
5 Modern American 26 (Fall, 2009) |
In one respect, the 2008 election of Barack Obama as the first black President of the United States may turn out to be bad for blacks, and for other racial minorities as well. Some have suggested that the Obama election indicates that we now live in a post racial society, where discrimination based on race has ceased to be a serious problem. Others...; Search Snippett: ...Given the nation's current anxieties and fears about Arab and Muslim terrorism, and the alleged involvement of high level federal officials in formulating United States torture policy, [FN230] racial profiling seems more likely than not. As in Ricci , how... |
2009 |
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