AuthorTitleCitationSummaryYearKey terms In Title or Summary
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  
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  
  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  
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  
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  
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: 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  
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  
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  
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  
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  
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  
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  
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  
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  
Mihyar Alnifaidy , Farida Deif , Valarie Kaur , Natsu Taylor Saito Reactions 1 Georgetown Journal of Law & Modern Critical Race Perspectives 253 (Fall, 2009) Given that race is a social construct, it is natural that as time passes the definition of a race or ethnicity changes, especially in American culture. The term Arab is used throughout the paper to refer to people from the Middle Eastern and North African domain, but I, a Sudanese American, can be considered Arab as well. If I had been...; Search Snippett: ...terrorist attacks, Sikh Americans with turbans became primary targets for racial violence and vengeance against America's new enemy-- the Arab or Muslim terrorist. Initially, many Sikhs sought to distance themselves from Muslims... 2009  
Eric K. Yamamoto , Ashley Kaiao Obrey Reframing Redress: a "Social Healing Through Justice" Approach to United States-native Hawaiian and Japan-ainu Reconciliation Initiatives 16 Asian American Law Journal 5 (2009) One billion dollars and an apology: reparations by the United States government for 60,000 surviving Americans of Japanese ancestry imprisoned during World War II without charges, trial, or evidence of necessity. Redress for lost homes, families, and freedom, for serious harm inflicted by a government on its own people on account of their race. The...; Search Snippett: ...of Justice Jackson's loaded weapon warning for post-September 11 America); Susan Akram & Kevin Johnson, Race, Civil Rights, and Immigration Law After September 11, 2001: The Targeting of Arabs and Muslims, 58 N.Y.U. Ann. Surv. Am. L. 295 (2002) (describing government scapegoating and racial profiling after the 9/11 attack); Saito, At the Heart... 2009  
Sahar F. Aziz Sticks and Stones, the Words That Hurt: Entrenched Stereotypes Eight Years after 9/11 13 New York City Law Review 33 (Winter 2009) In the realm of adults, name-calling is often a fact of life that one simply brushes off like water rolls off a duck's back. At some point, however, racial slurs and ethnic epithets hurled at employees constitute actionable discrimination rooted in palpable and entrenched stereotypes. In the case of Muslims, Arabs, and South Asians, the September... 2009  
Pooja Gehi Struggles from the Margins: Anti-immigrant Legislation and the Impact on Low-income Transgender People of Color 30 Women's Rights Law Reporter 315 (Winter 2009) My client, Pina, is a transgender woman from Nicaragua and an asylee. A few years ago she was at a friend's house when a police raid occurred. All of the women, including Pina, were arrested for prostitution despite the fact that they were inside a house, playing cards at the time of the arrest. Once arrested, Pina was taken to a men's jail on...; Search Snippett: .... For more on the negative repercussions for Arab and Muslim immigrants in the United States, see generally Muneer Ahmad, A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion, 92 Cal. L. Rev. 1259... 2009  
Terence J. Lau , William A. Wines Take Two Tablets and Do Not Call for Judicial Review until Our Heads Clear: the Supreme Court Prepares to Demolish the "Wall of Separation" Between Church and State 43 Valparaiso University Law Review 595 (Winter, 2009) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof[] . . . . I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, nor prohibiting the free exercise thereof, thus...; Search Snippett: ...a report in 1998 that found religious intolerance in the United States and specifically an islamophobia reflecting both racial and religious intolerance. Abdelfattah Amor, Civil And Political Rights, Including... 2009  
Nagwa Ibrahim The Origins of Muslim Racialization in U.s. Law 7 UCLA Journal of Islamic and Near Eastern Law 121 (2008-2009) Yasser Esam Hamdi was a United States citizen who was born in Louisiana and moved to Saudi Arabia as a child. After U.S forces captured him during their invasion of Afghanistan in 2001, they interrogated and then sent him to Guantanamo Bay in January 2002. After they learned in April 2002 that Hamdi was an American citizen, authorities transferred... 2009 Yes
Hope Lewis Transnational Dimensions of Race in America 72 Albany Law Review 999 (2009) -Out of many, one people. Jamaica, the nation from which my parents and grandmothers migrated to the United States, includes a motto on its national coat of arms that is at once inspiring and yet disturbingly ironic: Out of many . . . one people. The emblem itself depicts only two of the many an indigenous man and woman from the people who...; Search Snippett: support this physical appearance as racial/ethnic marker construct. Muslim had become a separate, racialized category in post-9/11 America and there was a clear racist intersection for some between Obama's Blackness and his falsely perceived... 2009  
Dawinder S. Sidhu Wartime America and the Wire: a Response to Posner's Post-9/11 Constitutional Framework 20 George Mason University Civil Rights Law Journal 37 (Fall 2009) In the groundbreaking legal text The Common Law, Justice Oliver Wendell Holmes observed that [t]he life of the law has not been logic: it has been experience. Years later, fellow pragmatist Richard A. Posner similarly noted that there is undoubtedly a considerable residue of cases . . . against which logic and science will be unavailing and...; Search Snippett: ...will be in its own image. [FN191] Posner's suggestions that Muslims can be singled out for surveillance and additional security measures... 2009  
Kevin R. Johnson Hurricane Katrina: Lessons about Immigrants in the Administrative State 45 Houston Law Review 11 (Symposium 2008) I. Introduction. 12 II. The Legal Landscape. 22 A. The Immigration Bureaucracy, Judicial Review, and the (Lack of the) Rule of Law. 26 B. Judicial Deference to the Immigration Bureaucracy. 33 1. The Plenary Power Doctrine. 33 2. Chevron Deference. 36 C. Summary. 43 III. Hurricane Katrina and Immigrants: The General Implications for Administrative...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims, 58 N.Y.U. Ann. Surv. Am. L. 295, 297, 331-36... 2008  
Brian McGiverin In the Face of Danger: a Comparative Analysis of the Use of Emergency Powers in the United States and the United Kingdom in the 20th Century 18 Indiana International & Comparative Law Review 233 (2008) History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure. - Justice Thurgood Marshall It may help to understand human affairs to be clear that most of the great triumphs and tragedies of history are caused, not by people being fundamentally good or fundamentally bad,...; Search Snippett: ...of the Cold War. [FN413] Then again, polls in the United States have found that almost half of the population associate Islam with violence, a quarter holds extreme anti- Muslim views, [FN414] nearly one-quarter believes that the government should... 2008  
José A. Lindgren Alves Race and Religion in the United Nations Committee on the Elimination of Racial Discrimination 42 University of San Francisco Law Review 941 (Spring 2008) IN TODAY'S POSTMODERN WORLD, where previously cherished socio-political utopias give way to disbelief in universal values, religion has reemerged as a central component of secular activity. With that in mind, all institutions dealing with social matters must try to correctly understand and direct this seemingly anachronistic phenomenon towards...; Search Snippett: the Centre for Equal Opportunity and the Struggle against Racism, following the events of 11 September 2001 in the United States, in order to promote tolerance between religious communities, the Committee regrets occurrences of racial acts against persons belonging to ethnic minorities, especially those of the Muslim faith. [FN40] Denmark: The Committee is concerned about reports of... 2008  
Ediberto Román The Alien Invasion? 45 Houston Law Review 841 (Summer 2008) I. Introduction. 842 II. The Invasion?. 843 III. The Empirical Data. 856 A. The Alleged Invasion. 857 B. Immigrants' Economic Impact. 858 C. Immigrants' Impact on Crime Rates. 862 IV. The State and Local Government Attacks Against Immigration. 867 V. A History of Invitation and Exclusion. 870 VI. The Psychological Impact of the Anti-Immigrant...; Search Snippett: ...comments, adding that although he was accused of being a racist by some, [M]y concern was simply that I didn't want America to become Europe, where the birth rate is so low... 2008  
Janel Thamkul The Plenary Power-shaped Hole in the Core Constitutional Law Curriculum: Exclusion, Unequal Protection, and American National Identity 96 California Law Review 553 (April, 2008) When we teach our students law, we introduce them to a world. It is a world that they will inhabit for many years to come, one that we hope will enable them, not only as lawyers, but as citizens, to lead better, more worthwhile lives. But our very entry into such a world is simultaneously the successful inculcation of a canon, a rule of practice...; Search Snippett: ...plenary power over immigration is equally controversial. The xenophobic and racist sentiments expressed in Chae Chan Ping and Fong Yue Ting... 2008  
Girardeau A. Spann Affirmative Inaction 50 Howard Law Journal 611 (Spring 2007) INTRODUCTION. 612 I. SUNSET ON AFFIRMATIVE ACTION. 613 A. Twenty-Five Years. 613 1. Rhetorical Surplus. 614 2. Instrumental Concerns. 618 3. Possible Holding. 621 B. The Substance of Dicta. 622 1. White Entitlement. 623 2. Minority Culpability. 627 3. Racial Parity. 631 II. INVIDIOUS EQUALITY. 635 A. Constitutionalizing the Status Quo. 636 1....; Search Snippett: concerns have also generated heightened levels of xenophobic animosity, United States racial minorities sometimes endorse and engage in hostility to Arab or Muslim groups. They do so even though their own present and... 2007  
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