AuthorTitleCitationSummaryYearKey terms In Title or Summary
John Tehranian Compulsory Whiteness: Towards a Middle Eastern Legal Scholarship 82 Indiana Law Journal L.J. 1 (Winter, 2007) Some time ago, I was on the teaching market and I received an invitation to give a job talk at a law school. I flew to the school, enjoyed a pleasant day of meetings with the faculty, and received strong indications of support for my candidacy. I had been warned about the vagaries of the academic hiring process, so I naturally took this signal with...; Search Snippett: .... See id. at 17-19; Nabeel Abraham, Anti-Arab Racism and Violence in the United States, The Development of Arab-American Identity 155, 199 (1994); Susan... 2007  
Cynthia Lee Cultural Convergence: Interest Convergence Theory Meets the Cultural Defense 49 Arizona Law Review 911 (Winter 2007) Defendants who successfully introduce cultural evidence in their defense have one thing in common?the cultural norms underlying their claims are either similar to or complement American cultural norms, including retrograde racist and sexist norms. This Article argues that cultural convergence is one way to understand these results. Cultural...; Search Snippett: ...I. Ahmad, A Rage Shared by Law: Post September 11 Racial Violence as Crimes of Passion, 92 Cal. L. Rev. 1259, 1308 (2004) Honor crimes in the Muslim world have become a topic of great interest in the... 2007  
Timothy M. Ravich Is Airline Passenger Profiling Necessary? 62 University of Miami Law Review Rev. 1 (October, 2007) I. Introduction. 1 II. Profiling Initiatives. 5 A. Computer Assisted Passenger Prescreening System (CAPPS). 9 B. CAPPS II. 16 C. Secure Flight. 19 D. Biometrics and the Registered Traveler Program. 25 III. Discussion. 29 A. Identifying the Enemy. 31 B. Is Airline Passenger Profiling Rational or Racist?. 37 C. Security or Privacy: A False Choice?....; Search Snippett: ...189, at 1598 Those who appear Middle Eastern, Arab, or Muslim and who are formally citizens of the United States are now being thrust outside of the protective ambit of... 2007  
Clive Walker Keeping Control of Terrorists Without Losing Control of Constitutionalism 59 Stanford Law Review 1395 (March, 2007) Introduction: The Dynamics of Counter-Terrorism Policies and Laws. 1395 I. Control Orders. 1403 A. Background to the Enactment of Control Orders. 1403 B. The Replacement System. 1408 1. Control orders--outline. 1408 2. Control orders--contents and issuance. 1411 3. Non-derogating control orders. 1416 4. Derogating control orders. 1424 5. Criminal...; Search Snippett: ...Constitutional Consequences of Post-9/11 Policies Involving Arabs and Muslims in the United States: Is Alienage a Distinction Without a Difference?, 38 U.C. Davis... 2007  
Felice Batlan Law in the Time of Cholera: Disease, State Power, and Quarantines past and Future 80 Temple Law Review 53 (Spring 2007) I. Introduction. 54 II. A Brief History of Quarantine. 62 III. The 1892 Threatened Epidemics: Immigrants, Pesthouses, and Oysters. 68 A. Methodology. 68 B. The Most Modern of Facilities: The New York City Board of Health. 69 C. Frontiers: Immigration and Typhus. 72 D. The Erasure of the Juridical Being. 76 E. Awaiting Cholera. 79 F. Cholera and...; Search Snippett: ...immigrant communities that their residents are no longer safe in United States); Andrea Elliott, After 9/11, Arab-Americans Fear Police Acts... 2007  
Kevin R. Johnson Protecting National Security Through More Liberal Admission of Immigrants 2007 University of Chicago Legal Forum 157 (2007) Commentators and pundits have repeated the mantra September 11 changed everything so often in the last six years that the phrase has lost nearly any and all meaning. One cannot deny that that fateful day, with the tragic loss of human life, has unquestionably altered U.S. society and the way that Americans look at the world. As a response to the...; Search Snippett: ...anti-terrorism efforts that tend to focus on Arabs and Muslims, whether or not the measures constitute racial and religious profiling, which is generally disfavored in today's political culture in the United States. [FN40] At first glance, this all may seem entirely understandable... 2007  
David Rudovsky , R. Richard Banks Racial Profiling and the War on Terror 155 University of Pennsylvania Law Review PENNumbra 173 (2007) For Professor David Rudovsky, of Penn, there is just as little to recommend the racial profiling techniques employed by law enforcement in the War on Terror as there is in the War on Crime. Rudovsky argues that profiling is inaccurate--both as to whom it targets and whom it does not--susceptible to abuse, and counterproductive to...; Search Snippett: ...investigations. The answer has been that terrorism threats in the United States are almost entirely a function of racial and ethnic-based hatred, and that those who would commit... 2007  
Carrie L. Arnold Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal Immigration Law 49 Arizona Law Review 113 (Spring 2007) After the tragic attacks of September 11, 2001, the lack of communication and cooperation among local, state, and federal law enforcement became the subject of intense criticism. Under pressure to deal with illegal immigration, the Department of Justice (DOJ) began to consider extending immigration enforcement responsibilities to state and local...; Search Snippett: ...Sameer M. Ashar, Immigration Enforcement and Subordination: The Consequences of Racial Profiling After September 11, 34 Conn. L. Rev. 1185 (2002) (describing experience of Pakistani detainee in United States); Gross & Livingston, supra note 21, at 1415-18 (presenting framework for defining and evaluating racial profiling after September 11); David A. Harris, New Risks, New Tactics: An Assessment of 2007  
Kevin R. Johnson , Bill Ong Hing The Immigrant Rights Marches of 2006 and the Prospects for a New Civil Rights Movement 42 Harvard Civil Rights-Civil Liberties Law Review 99 (Winter 2007) For weeks in the spring of 2006, television and newspapers featured spectacular images of masses of humanity lined up for miles in marches across the United States. What was most startling about the marches was that they were overwhelmingly pro-immigrant. Hundreds of thousands of U.S. citizens and immigrants peacefully marched in Chicago and Los...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims , 58 N.Y.U. Ann. Surv. Am. L. 295 (2002) ; Sameer M. Ashar, Immigration Enforcement and Subordination: The Consequences of Racial Profiling After September 11 , 34 Conn. L. Rev. 1185 (2002... 2007  
Stephen H. Legomsky The New Path of Immigration Law: Asymmetric Incorporation of Criminal Justice Norms 64 Washington and Lee Law Review 469 (Spring, 2007) Starting approximately twenty years ago, and accelerating today, a clear trend has come to define modern immigration law. Sometimes dubbed criminalization, the trend has been to import criminal justice norms into a domain built upon a theory of civil regulation. An embryonic literature chronicles this process well but fails to showcase its...; Search Snippett: ...The New Nativism and the Anti-Immigrant Impulse in the United States (Juan F. Perea ed., 1997) (presenting essays that discuss American... 2007  
Heena Musabji , Christina Abraham The Threat to Civil Liberties and its Effect on Muslims in America 1 DePaul Journal for Social Justice 83 (Fall 2007) The September 11, 2001 attacks on the World Trade Center changed America in many ways. The aftermath of the attacks led to vast changes in our governmental structure through the creation of The Department of Homeland Security (DHS) and the enactment of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and... 2007 Yes
Robert Gray Bracknell Trust Not Their Presents, Nor Admit the Horse: Countering the Technically-based Espionage Threat 12 Roger Williams University Law Review 832 (Spring 2007) O wretched countrymen! what fury reigns? What more than madness has possess'd your brains? Think you the Grecians from your coasts are gone? And are Ulysses' arts no better known? This hollow fabric either must inclose, Within its blind recess, our secret foes; Or t is an engine rais'd above the town, T o'erlook the walls, and then to batter...; Search Snippett: ...that the acts ... are utterly repugnant in the eyes of Islam, and we thank you for your timely and appropriate statement... 2007  
Cecilia M. Bailliet Assessing Jus Ad Bellum and Jus in Bello Within the Refugee Status Determination Process: Contemplations on Conscientious Objectors Seeking Asylum 20 Georgetown Immigration Law Journal 337 (Spring, 2006) The evolution of international public law has resulted in the emergence of issues which require cross-disciplinary analysis. One subject exemplifying this dilemma is that of the treatment of conscientious objectors (hereinafter COs) within the asylum determination process. There is a lack of clarity as to the hierarchy of international refugee law,...; Search Snippett: ...It seems clear that the teachings of the Nation of Islam preclude fighting for the United States not because of objections to participation in war in any form but rather because of political and racial objections to policies of the United States as interpreted by Elijah Muhammad It is therefore our conclusion... 2006  
Robert C. Power Changing Expectations of Privacy and the Fourth Amendment 16 Widener Law Journal 43 (2006) Immediately after the A1 Qaeda terrorist attacks of September 11, 2001, one thought that occurred to many Americans was things will never be the same. That reaction reflected a diminished sense of security--a very natural reaction to the infliction of massive violence on a nation that had largely been spared war on its home ground for 140 years....; Search Snippett: ...plaintiff was singled out for a strip search due to Muslim religion and Pakistani ethnicity); Linda Greenhouse, The Clamor of a... 2006  
Eric L. Muller Fixing a Hole: How the Criminal Law Can Bolster Reparations Theory 47 Boston College Law Review 659 (July, 2006) High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have...; Search Snippett: ...the Democratic Party as a party of traitors to the United States, Malkin seeks to advance an agenda of aggressive racial and religious profiling against Arabs and Muslims, and Woods seeks to further the efforts of radical libertarians... 2006  
Liaquat Ali Khan Free Markets of Islamic Jurisprudence 2006 Michigan State Law Review 1487 (2006) Introduction 1488 I. Internal Scholarship. 1493 A. Beyond Organized Religion. 1494 B. Historical Fiqh Markets. 1496 C. Solemnity of Markets. 1498 D. Markets and Madhabs. 1501 E. Markets and Governments. 1502 1. Shift from Jurists to Juristic Institutions. 1504 2. Shift from Extraction to Approval. 1506 F. Diversity and Plurality of Rules. 1507 1.... 2006 Yes
Sara Mahdavi Held Hostage: Identity Citizenship of Iranian Americans 11 Texas Journal on Civil Liberties & Civil Rights 211 (Spring 2006) If I see someone come in and he's got a diaper on his head and a fan belt around that diaper on his head, that guy needs to be pulled over and checked. - Former U.S. Congressman John Cooksey In the aftermath of September 11, the federal government has revived the practice of profiling people who appear to be Muslim, Arab, or Middle Eastern,... 2006  
Aya Gruber Raising the Red Flag: the Continued Relevance of the Japanese Internment in the Post-hamdi World 54 University of Kansas Law Review 307 (January 1, 2006) Most of what I have learned and internalized about the Japanese internment came from my mother, Mariko Hirata. My mother was just a young girl when her own government imprisoned her. Growing up, I heard all about the cold, the dirt, the embarrassing communal showers, the shame, and the guns. My mother painted a picture of her family's perpetually...; Search Snippett: 104-05. . See Amnesty International, Threat and Humiliation: Racial Profiling, Domestic Security, and Human Rights in the United States vi (2004), available atRacial profiling of citizens and visitors of Middle Eastern and South... 2006  
Christopher A. Nolin Telecommunications as a Weapon in the War of Modern Organized Crime 15 CommLaw Conspectus 231 (2006) From the advent of large scale drug trafficking operations, law enforcement has struggled to keep pace with the methods and technologies utilized by the criminal groups orchestrating them. Major Italian crime bosses successfully operated such a drug trafficking enterprise in the mid-twentieth century. In 1947, eight months after being pardoned by...; Search Snippett: reaction to the terrorist attacks of September 11, 2001, United States government and law enforcement officials employed procedures like racial profiling of Arab and Muslim Americans in the War on Terror. [FN153] On September 23... 2006  
Cyra Akila Choudhury Terrorists & Muslims: the Construction, Performance, and Regulation of Muslim Identities in the Post 9/11 United States 7 Rutgers Journal of Law & Religion 8 (April 28, 2006) Where there is power there is resistance. Sadly, some of us Muslims are often quite rude to one another: not only do we brand each other as infidels, we oppress each other . Words like kufr (infidelity), shirk (associating partners with God, i.e. polytheism), and bid'a (heretical innovation) flow far too easily from our tongues. The finger that... 2006 Yes
Ediberto Rom├ín The Citizenship Dialectic 20 Georgetown Immigration Law Journal 557 (Summer, 2006) I. Introduction. 558 II. The Classic Construction of Citizenship. 563 A. Citizenship's Equality Component. 564 B. The Exclusionary Aspect. 568 C. The Modern Construction. 572 III. Subordinates in Law. 579 A. The Indigenous People. 580 B. The Territorial Island Inhabitants. 585 IV. Subordinates in Fact?. 589 A. African-Americans. 589 B....; Search Snippett: ...War II Japanese internment was not aberrational, and that the United States is presently repeating the same mistake by racing Arab Americans... 2006  
Stephen Seymour The Silence of Prayer: an Examination of the Federal Bureau of Prisons' Moratorium on the Hiring of Muslim Chaplains 37 Columbia Human Rights Law Review 523 (Winter 2006) Incarceration by its nature denies a prisoner participation in the larger human community. To deny the opportunity to affirm membership in a spiritual community, however, may extinguish an inmate's last source of hope for dignity and redemption. - Justice William J. Brennan In the wake of the 9/11 terrorist attacks, the United States government... 2006 Yes
Kam C. Wong The Usa Patriot Act: a Policy of Alienation 12 Michigan Journal of Race and Law 161 (Fall 2006) And we must be mindful that as we seek to win the war that we treat Arab Americans and Muslims with the respect they deserve. -- Statement from President Bush (September 13th, 2001) The act, written in response to the September 11 attacks, in theory applies to all citizens, but it was written with Muslims in mind and in practice denies them their... 2006  
Mary L. Dudziak Working Toward Democracy: Thurgood Marshall and the Constitution of Kenya 56 Duke Law Journal 721 (December, 2006) This Article is a work of transnational legal history. Drawing upon new research in foreign archives, it sheds new light on the life of Thurgood Marshall, exploring for the first time an episode that he cared very deeply about: his work with African nationalists on an independence constitution for Kenya. The story is paradoxical, for Marshall, a...; Search Snippett: separatism or black power. In response to Nation of Islam calls for racial solidarity among African Americans in 1955, Marshall said, Let's stop... 2006  
Annalisa Jabaily 1967: How Estrangement and Alliances Between Blacks, Jews, and Arabs Shaped a Generation of Civil Rights Family Values 23 Law & Inequality: A Journal of Theory and Practice 197 (Winter 2005) The entire civil rights struggle needs a new interpretation, a broader interpretation. We need to look at this civil rights thing from another angle--from the inside as well as from the outside. To those of us whose philosophy is black nationalism, the only way you can get involved in the civil rights struggle is give it a new interpretation. That...; Search Snippett: ...a key role at each level. In relation to mainstream America, critical race theory, and ourselves, the compulsion to support or... 2005  
Raquel Aldana , Sylvia R. Lazos Vargas Aliens in Our midst Post-9/11: Legislating Outsiderness Within the Borders 38 U.C. Davis Law Review 1683 (June, 2005) Defining America Through Immigration Policy (Mapping Racisms Series). By Bill Ong Hing. Temple University Press, 2003. Pp. 336. The Huddled Masses Myth: Immigration and Civil Rights. By Kevin R. Johnson. Temple University Press, 2003. Pp. 264. Alienated: Immigrant Rights, the Constitution, and Equality in America. By Victor C. Romero. New York...; Search Snippett: ...of Latina/os post-9/11); Bill Ong Hing, Vigilante Racism: The De-Americanization of Immigrant America, 7 Mich. J. Race & L. 441, 444 (2002) (describing ostracism of Muslims, Middle Easterners, and South Asians in United States in wake of September 11 as de-Americanization process); Kevin... 2005  
Jason A. Abel Americans under Attack: the Need for Federal Hate Crime Legislation in Light of Post-september 11 Attacks on Arab Americans and Muslims 12 Asian Law Journal 41 (April, 2005) What we need in the United States is not division; what we need in the United States is not hatred; what we need in the United States is not violence or lawlessness; but love and wisdom, and compassion toward one another, and a feeling of justice toward those who still suffer within our country. . . . -- Robert F. Kennedy [B]ear witness to the... 2005 Yes
Terry Smith Autonomy Versus Equality: Voting Rights Rediscovered 57 Alabama Law Review 261 (Winter 2005) I. Defining Autonomy. 265 A. The Lamentation of Scholars. 266 B. Identifying Traditions. 266 C. Tradition Extended. 270 D. Political Autonomy Personalized. 272 E. Summary. 274 II. The Price of Equal Protection: Less Race or Less Autonomy?. 274 A. Narrow Measure of Success. 275 B. A Broader Measure of Success. 277 III. Equal Protection's Road to...; Search Snippett: ...FN114] Much of the debate during the campaign had a racial undertone, namely McKinney's criticism of the United States' Middle East policies and her numerous campaign contributions from Arab-Americans and Muslims. [FN115] Majette unseated McKinney, [FN116] retaining black representation for a... 2005  
Deborah Ramirez , Stephanie Woldenberg Balancing Security and Liberty in a Post-september 11th World: the Search for Common Sense in Domestic Counterterrorism Policy 14 Temple Political & Civil Rights Law Review 495 (Spring, 2005) Following the September 11th attacks, U.S. counterterrorism strategy relied on race, national origin, and religious affiliation as part of a terrorist profile. Since all of the September 11th hijackers were Arab Muslims, this type of profiling was seen as the most efficient mechanism for response. Consequently, the racial/religious profiling of... 2005  
Mary Romero Brown Is Beautiful 39 Law and Society Review 211 (March, 2005) In one of his most compelling speeches Malcolm X cried out, We want freedom by any means necessary. We want justice by any means necessary. We want equality by any means necessary (Malcolm X 1970:37). In this conservative era, it feels a bit odd to recall how fervently students, activists, parents, and even a few parish priests debated the range...; Search Snippett: ...a particular social reality. We already know the common-sense racism in the United States that produces scripts such as I am not a racist but and Oh, but you are different or Some of... 2005  
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