AuthorTitleCitationSummaryYearKey terms In Title or Summary
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  
Brian Smith Charles Demore V. Hyung Joon Kim: Another Step Away from Full Due Process Protections 38 Akron Law Review 207 (2005) Hyung Joon Kim lawfully immigrated to the United States with his family at the age of six, committed two crimes during his late adolescence, and was sentenced to three years in the California prison system. After he had served his time, the Immigration and Naturalization Service (INS) took him into custody to await its decision of whether they...; Search Snippett: ...2004) (suggesting that post-September 11 detentions involve a hidden racial message of anti- Muslim sentiment ); Daniel Kanstroom, Unlawful Combatants in the United States, 30-WTR Hum. Rts. 18 (2003) (reviewing the cases of... 2005  
Peter Margulies Foreword: Risk, Deliberation, and Professional Responsibility 1 Journal of National Security Law & Policy 357 (2005) If, as de Tocqueville observed, everything in America eventually becomes the province of lawyers, it should not be surprising that the conduct of lawyers has become a salient aspect of the war on terror. While terrorists typically express contempt for the rule of law, lawyers in a democracy should know better. Unfortunately, crises sometimes push...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims, 58 N.Y.U. Ann. Surv. Am. L. 295 (2002) (same); see... 2005  
Andrew E. Taslitz Fortune-telling and the Fourth Amendment: of Terrorism, Slippery Slopes, and Predicting the Future 58 Rutgers Law Review 195 (Fall 2005) Civil libertarians have howled with outrage at what they perceive to be the erosion of Fourth Amendment freedoms in the War on Terror. Secret detentions of immigrants, abuse of material witness warrants, expanded use of Foreign Intelligence Supervisory Act warrants, and racial profiling of Muslims and residents from Middle Eastern nations are... 2005  
T. Jeremy Gunn French Secularism as Utopia and Myth 42 Houston Law Review 81 (Symposium 2005) I. Introduction: Laïcité as Utopia. 82 II. Myth -understanding Laïcité: More French than the French. 86 A. Does France Really Consign Religion to the Private Sphere and Create a Religion-Free Zone in State Schools?. 88 B. Does Laïcité Seek to Foster Individual Spiritual Growth by Rejecting Coercion from Religious Communities?. 92 III....; Search Snippett: ...I cannot prove that the law was motivated principally by Islamophobia any more than I can prove that the opposition to the civil rights movement in the United States was motivated principally by racism rather than by a principled defense of states' rights--although... 2005  
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 U.C. Davis Law Review 609 (March, 2005) Introduction. 610 I. Dispelling the Myth: Targeting Arab and Muslim Citizens and Noncitizens Before and After September 11, 2001. 611 A. Pre-9/11 Policies Targeting Arabs and Muslims. 612 B. Post-9/11 Policies Targeting Arabs and Muslims. 620 1. Policies Immediately After 9/11 Directly Targeted Noncitizen Arabs and Muslims. 620 2. Legislation... 2005 Yes
Brian C. Baldrate Imperial Hubris: Why the West Is Losing the War on Terror 2005-FEB Army Lawyer 29 (February, 2005) Americans are asking, why do they hate us? They hate our freedoms--our freedom of religion, our freedom of speech, our freedom to vote.--President George W. Bush Only when U.S. leaders stop believing and preaching that bin Laden and his allies are attacking us for what we are and what we think, and instead clearly state they are attacking us for...; Search Snippett: ...where Scheuer reveals his true position include his claim that America's support of Middle East tyrants mock our heritage and mar our democratic example, [FN42] and his assertion that America's obtuse support of arrogant and racist Israeli policies further enslaves the Muslim community. [FN43] Instead of advancing an honest proposal for changing... 2005  
Jonathan K. Stubbs Implications of a Uniracial Worldview: Race and Rights in a New Era 5 Barry Law Review Rev. 1 (Spring 2005) Race is a human puzzle. This work analyzes how the puzzle fits together, preliminarily suggests a way to rethink what we mean by race, and briefly explores some implications of re-visioning race. As we enter a new millennium, the prophetic words of Dr. Martin Luther King, Jr. remind us that rethinking race is not optional. It is imperative: (I)f we...; Search Snippett: ...the like. [FN48] Moreover, some individuals who adopt a multi- racial perspective, implicitly and explicitly not only believe that white people... 2005  
Sylvia R. Lazos Vargas Kulturkampf[s] or "Fit[s] of Spite"?: Taking the Academic Culture Wars Seriously 35 Seton Hall Law Review 1309 (2005) Polarization and heated debate within legal academia are nothing new. Some might argue that vigorous contentiousness, even if not always civil, is essential to a healthy intellectual culture. Others would note that lawyers, legal academics especially, are a highly contentious bunch with a reputation for aggressive behavior. Heated debates between...; Search Snippett: ...treatment of Latinos post-September 11); Bill Ong Hing, Vigilante Racism: The De-Americanization of Immigrant America, 7 Mich. J. Race & L. 441, 444 (2002) (describing the ostracism of Muslims, Middle Easterners, and South Asians in the United States in the wake of September 11 as a de-Americanization... 2005  
Kevin Lapp Pressing Public Necessity: the Unconstitutionality of the Absconder Apprehension Initiative 29 New York University Review of Law and Social Change 573 (2005) At approximately 5:30 a.m. on August 22, 2002, Mr. M. heard loud knocking on the front door of his family's apartment in Brooklyn, New York. Mr. M., a Pakistani immigrant who lived with his U.S. citizen wife and two U.S. citizen children, went to the door to see who would disturb his home at such an early hour. When he answered the door, he was...; Search Snippett: ...attacks. Immediately after September 11, the Bush Administration cautioned against racist acts directed at Arabs and Muslims living in the United States. On September 13, President Bush counseled, We must be mindful... 2005  
Tasia E. McIntyre Protecting Against Terrorism or Symbolic Politics?: Fatal Flaws in Ohio's Criminal Terrorism Statute 56 Case Western Reserve Law Review 203 (Fall 2005) At approximately four oclock on the afternoon of Friday, May 9, 2003, an armed gunman wearing a bulletproof vest and a military helmet entered the Weatherhead School of Management on the campus of Case Western Reserve University in Cleveland, Ohio. The gunman broke into the Weatherhead School's Peter B. Lewis Building through a locked rear door....; Search Snippett: ...Despite the government's assurance of continued neutrality and defense of Muslims and Arabs within the United States, [FN197] recent legislative and practical efforts continue to target this population, such as racial profiling at airports, [FN198] mandatory immigration registration of aliens from majority Muslim countries, [FN199] and mass preventative detentions immediately after the September... 2005  
Kristin E. Kruse Proving Discriminatory Intent in Selective Prosecution Challenges--an Alternative Approach to United States V. Armstrong 58 SMU Law Review 1523 (Fall 2005) IN the early hours of July 23, 1999, the Swisher County Sheriff's Department invaded the African-American community in the small west Texas town of Tulia in what appeared to be an arrest rampage. The officers beat on doors, woke-up neighbors, and pulled men and women from their beds--all to arrest them in front of bright lights and TV news cameras...; Search Snippett: ...Id. at 638 n.8. . See Kevin R. Johnson, Racial Profiling After September 11: The Department of Justice's 2003 Guidelines... 2005  
Girardeau A. Spann Terror and Race 45 Washburn Law Journal 89 (Fall 2005) The United States is now engaged in an internationally prominent war on terror. That war, however, is being waged in a way that threatens to cause the same types of harm to the democratic values of the United States that the Nation's terrorist enemies are hoping to inflict. Foreign terrorists are attempting to undermine the fundamental liberties...; Search Snippett: ...1405 (1997) (arguing that non-white immigrants are treated as racial minorities entitled to less constitutional protection than members of the... 2005  
Gil Gott The Devil We Know: Racial Subordination and National Security Law 50 Villanova Law Review 1073 (2005) SINCE September 11, Muslims, Arabs and South Asians in the United States have had to contend with disparate and abusive treatment, both within civil society and at the hands of state actors including security, law enforcement and prison officials. It would seem a horrible exaggeration to say that post-September 11 has been a period of open season... 2005  
Ty S. Wahab Twibell The Road to Internment: Special Registration and Other Human Rights Violations of Arabs and Muslims in the United States 29 Vermont Law Review 407 (Winter, 2005) Dust storms. Sweat days. Yellow people, Exiles. I am the mountain that kisses the sky in the dawning. I watched the day when these, your people, came into your heart. Tired. Bewildered. Embittered. I saw you accept their compassion, impassive but visible. Life of a thousand teemed within your bosom. Silently you received and bore them. Daily you... 2005 Yes
Margaret Chon , Donna E. Arzt Walking While Muslim 68-SPG Law and Contemporary Problems 215 (Spring 2005) So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself--nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. The only thing we have is fear. In the post-9/11 era, what exactly is meant by race? Race is composed significantly of a religious dimension that... 2005 Yes
Eric K. Yamamoto White (House) Lies: Why the Public must Compel the Courts to Hold the President Accountable for National Security Abuses 68-SPG Law and Contemporary Problems 285 (Spring 2005) History teaches us how easily the spectre of a threat to national security may be used to justify a wide variety of repressive government actions. A blind acceptance by the courts of the government's insistence on the need for secrecy, without notice to others, without argument, and without a statement of reasons would impermissibly compromise...; Search Snippett: ...the World War II internment appears to be to legitimate racial profiling of Arabs and Muslims in America today. She advocates profiling on the basis of race, ethnicity... 2005  
April McKenzie A Nation of Immigrants or a Nation of Suspects? State and Local Enforcement of Federal Immigration Laws since 9/11 55 Alabama Law Review 1149 (Summer 2004) Illegal immigration sparked nationwide debate in the 1990s, particularly on the local level. Many states were concerned about the financial burden imposed on them because of the lack of enforcement of federal immigration laws. The states demanded financial aid to offset the costs of social services provided, as well as requested overall immigration...; Search Snippett: ...If Brown were used to provide legal support for the racial profiling of Arabs and Muslims that might be linked with the terrorist events surrounding September... 2004  
Muneer I. Ahmad A Rage Shared by Law: Post-september 11 Racial Violence as Crimes of Passion 92 California Law Review 1259 (October, 2004) Introduction. 1261 I. Private and Public Racial Violence in the Aftermath of September 11. 1265 A. Private Racial Violence. 1265 B. Public Racial Violence. 1267 II. The Construction of Muslim-looking People and the Logic of Fungibility. 1278 III. Understanding the Origins of Post-September 11 Hate Violence. 1282 A. The Perpetrators'... 2004  
Lindsay N. Kendrick Alienable Rights and Unalienable Wrongs: Fighting the "War on Terror" Through the Fourth Amendment 47 Howard Law Journal 989 (Spring 2004) Two weeks after September 11, 2001, a young Muslim, Southeast Asian man was driving on the New Jersey Turnpike, frantic to get to Camden, New Jersey because his great uncle died of a stroke. It was impossible to fly back home, with all of the area airports closed, so although he did not feel safe on the roads, he was left with little choice but to... 2004  
Gabriela A. Gallegos Border Matters: Redefining the National Interest in U.s.-mexico Immigration and Trade Policy 92 California Law Review 1729 (December, 2004) Introduction. 1730 I. The Standard Story: Economics-Based Justifications for Trade and Immigration Policies. 1734 A. Macroeconomics-Based Trade Liberalization Policy. 1735 B. Microeconomics-Based Restrictive Immigration Policy. 1738 II. The Real Story: Nativistic Racism Plus Economic Interest. 1740 A. Nativistic Racism Defined. 1740 B. Nativistic...; Search Snippett: ...military presence and advanced surveillance and intelligence techniques. [FN168] Nativistic racism in the United States was reinvigorated as Arab and Muslim Americans became the immediate targets of the anti-immigrant sentiment... 2004  
Matthew Noll Can There Be Harmony?: Word of Mouth Hiring Practices after September 11, 2001 4 Houston Business and Tax Law Journal 151 (2004) I. Immigration in the United States: A Long, Important History. 152 A. Prevalence of Immigration in the United States Today. 152 B. The Historical Impact of Immigration on United States Business. 153 II. The Nation Responds to the Tragic Events of September 11. 154 A. Response of the Federal Government. 154 1. United States Foreign Policy...; Search Snippett: ...FN46] Foreseeing they would be the target of a backlash, Muslim clergymen and racial group spokespeople attempted to encourage Americans to avoid racial stereotyping and discrimination against United States citizens of Middle Eastern descent. [FN47] In spite of their... 2004  
Karen Engle Constructing Good Aliens and Good Citizens: Legitimizing the War on Terror(ism) 75 University of Colorado Law Review 59 (Winter 2004) The United States government's declared and orchestrated war on terrorism has internal as well as external dimensions. Externally, it has identified or attempted to identify the terrorist threat with particular nation states, such as Afghanistan and Iraq. But much of the war has been fought internally. Because the enemy could reside anywhere, even...; Search Snippett: ...11 profiling. Leti Volpp has identified five ways that the United States government has responded to September 11 by directly or indirectly relying on racial profiling in constructing and perpetuating an identity category of persons who appear Middle Eastern, Arab, or Muslim. [FN140] These means range from state detention of large numbers... 2004  
Peter Margulies Judging Terror in the "Zone of Twilight" : Exigency, Institutional Equity, and Procedure after September 11 84 Boston University Law Review 383 (April, 2004) Introduction. 384 I. Three Values for Law in Crisis: Exigency, Equality, and Integrity. 390 A. Exigency. 391 B. Equality. 394 C. Integrity. 397 II. Deference as Dominant Narrative. 398 III. Institutional Equity as Counter-Narrative. 402 A. Crisis and Institutional Power. 402 B. Equity, Habeas, and History. 406 C. Institutional Equity in Action: A...; Search Snippett: 86 (asserting that the disproportionate enforcement policies in the United States that resemble racial profiling have dispelled sympathy for the Americans felt by many Muslim nations after September 11 and have potentially caused more people to act against the United States). . See 147 Cong. Rec. S11,019 (daily ed. Oct... 2004  
Kevin R. Johnson Latcrit Goes International 16 Florida Journal of International Law x (September, 2004) This LatCrit Theory Colloquium on International and Comparative Law is comprised of papers presented at the Facultad de Derecho de la Universidad de Buenos Aires in Buenos Aires, Argentina in August 2003. Titled The Role of Constitutional and Legal Systems in Maintaining or Reforming Political, Social, Economic and Legal Arrangements, the...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims , 58 N.Y.U. Ann. Surv. Am . L. 295 (2002) ; Raquel Aldana... 2004  
Manas Mohapatra Learning Lessons from India: the Recent History of Antiterrorist Legislation on the Subcontinent 95 Journal of Criminal Law and Criminology 315 (Fall 2004) On October 26, 2001, one month after the most deadly terrorist attack to ever be carried out on U.S. soil, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 became law. Prior to the enactment of the PATRIOT Act, the United States had minimal legislation...; Search Snippett: ...IN THE UNITED STATES Immediately after September 11th, Arabs and Muslims in the United States were subject to racial profiling. [FN189] Airlines removed passengers that were, or appeared to... 2004  
Carl Tobias Punishment and the War on Terrorism 6 University of Pennsylvania Journal of Constitutional Law 1116 (May, 2004) Certain features of the war on terrorism impose novel and controversial punishment schemes. For example, President George W. Bush has unilaterally invoked executive authority to detain thousands suspected of terrorism over protracted times and to create military tribunals. The government has imprisoned two American citizens, denying them access to...; Search Snippett: the United States illegally. [FN17] A specific policy of racial profiling mainly targeted at the Arab and Muslim communities in America, as well as a veil of secrecy which frustrates efficacious... 2004  
Kevin R. Johnson Roll over Beethoven : "A Critical Examination of Recent Writing about Race" 82 Texas Law Review 717 (February, 2004) Richard Delgado, an influential civil rights scholar, has written foundational work on hate speech, storytelling in legal scholarship, and countless other areas of civil rights law. One of the founders of Critical Race Theory, Delgado's award-winning series of narratives-- the Rodrigo Chronicles--have been published in some of the most prestigious...; Search Snippett: ...of Latina/os post-September 11); Bill Ong Hing, Vigilante Racism: The De-Americanization of Immigrant America, 7 Mich. J. Race & L. 441, 444 (2002) (describing the ostracism of Muslims, Middle Easterners, and South Asians in the United States in the wake of September 11 as a de-Americanization... 2004  
George Anastaplo September Eleventh, the Abc's of a Citizen's Responses: Explorations 29 Oklahoma City University Law Review 165 (Spring, 2004) C1-3Table of Contents Introduction July 4, 2004 167 A. Three Memoranda by George Anastaplo for the Federal Bureau of Investigation September, 2001 174 B. Talks for Students by George Anastaplo B-1. A Second Pearl Harbor? Let's Be Serious September 12, 2001 175 B-2. One Month Later: September 11th Further Considered October 10, 2001 182 B-3. Islam... 2004  
Randolph B. Persaud Shades of American Hegemony: the Primitive, the Enlightened, and the Benevolent 19 Connecticut Journal of International Law 263 (Spring, 2004) In this paper I argue that hegemony is practiced in three different ways, and accordingly, a more nuanced explanation than what currently exists is warranted. The three forms of hegemony are not mutually exclusive, but they are distinctive enough to warrant different conceptualizations. Neoconservative thinking influences the first kind, which I...; Search Snippett: ...a hegemonized one) of we are all one. In this America there are no social classes or class conflict; no racial and other identity antagonisms; no difference between Protestants and Catholics; no doubts about the patriotism of others, such as Muslim Americans; no inner cities, and perhaps most tellingly, no disputes... 2004  
Thomas M. McDonnell Targeting the Foreign Born by Race and Nationality: Counter-productive in the "War on Terrorism"? 16 Pace International Law Review 19 (Spring 2004) I. Introduction. 20 II. War on Terrorism, Dangerously Overbroad Rhetoric. 23 III. Ethnic and Racial Profiling In the Wake of September 11. 24 A. Mass Arrests and Preventive Detention of Arab and Muslim Immigrants. 26 B. Conducting Secret (Closed) Immigration Hearings for the Arab and Muslim Immigrants Who Were Arrested and Detained. 28 1.... 2004  
Jonathan K. Stubbs The Bottom Rung of America's Race Ladder: after the September 11 Catastrophe Are American Muslims Becoming America's New N . . . . S? 19 Journal of Law and Religion 115 (2003-2004) On September 11, 2001, did American Muslims become America's newest race? This essay offers preliminary observations regarding that question. Using the word race in America is like waving a red flag before a bull. You are likely to get a spirited response. In the context of a national calamity like the September 11, 2001 tragedy, discussing race... 2004 Yes
Devon W. Carbado , Donald Weise The Civil Rights Identity of Bayard Rustin 82 Texas Law Review 1133 (April, 2004) Bayard Rustin was the consummate civil rights strategist and humanitarian. Indeed, he shaped the course of social protest for some thirty years. First as political adviser to Martin Luther King, Jr. and later as leader of the 1963 March on Washington, Rustin influenced the black protest agenda in ways that few activists had before him or would even...; Search Snippett: ...X's life and ascent to leadership in the Nation of Islam); Bayard Rustin Meets Malcolm X, Freedom Rev., Jan.-Feb. 1993... 2004  
Peter Margulies The Clear and Present Internet: Terrorism, Cyberspace, and the First Amendment 2004 UCLA Journal of Law and Technology 4 (2004) Many terrorist groups share a common goal with mainstream organizations and institutions: the search for greater efficiency through the Internet. This pursuit of on-line efficiency has spawned a First Amendment dilemma. The Internet's ability to link geographically dispersed individuals to changing data without the filtering provided by traditional...; Search Snippett: ...The New Nativism and the Anti -Immigrant Impulse in the United States 300, 300-13 (Juan F. Perea ed., 1997) (analyzing concerns... 2004  
Rachana Pathak The Obstacles to Regulating the Hawala: a Cultural Norm or a Terrorist Hotbed? 27 Fordham International Law Journal 2007 (June, 2004) In its efforts to stymie the flow of funds for terrorists, the U.S. government has, since September 11th, put a halt to many hawala operations. As the Al Barakaat, Alshafei, and Albanna cases show, however, these actions have needlessly sideswiped many civilians with no terrorist involvement, resulting in financial damages and civil rights...; Search Snippett: ...with civil liberties implications); Eric Lichtblau, Threats and Responses: American Muslims; F.B.I. Tells Officers to Count Local Muslims and Mosques, N.Y. Times, Jan. 27, 2003, at A13 (reporting that F.B.I. ordered field supervisors to count mosques and Muslims in their areas as part of antiterrorism effort); John Mintz & Douglas Farah, Small Scams Probed for Terror Ties; Muslim, Arab Stores Monitored As 2004  
Ming Hsu Chen Two Wrongs Make a Right: Hybrid Claims of Discrimination 79 New York University Law Review 685 (May, 2004) This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race... 2004  
Kevin R. Johnson Civil Liberties Post-september 11: a Time of Danger, a Time of Opportunity 2 Seattle Journal for Social Justice 3 (Fall/Winter, 2003) From legal scholarship to pop culture, the statement September 11 changed everything has become almost a mantra. More often than not, the phrase is not invoked with a clear articulation of what in fact has changed, but as a way of explaining why security measures must trump civil rights. Because so much in the United States, if not the world, was...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims , 58 N.Y.U. Ann. Survey Am . L. 295 (2002); Raquel Aldana... 2003  
Adrien Katherine Wing Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism 63 Louisiana Law Review 717 (Spring, 2003) As we await the decisions in the University of Michigan affirmative action cases, this symposium raises a timely and important query: is civil rights law dead? This article answers that query by asserting that there is a need for a thorough reconceptualization in the 21st century. Historically, civil rights in the United States has been synonymous...; Search Snippett: ...World War II. [FN95] The legal position of Arabs and Muslims has especially declined since the exceptionally speedy passage of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism... 2003  
Deborah A. Ramirez , Jennifer Hoopes , Tara Lai Quinlan Defining Racial Profiling in a Post-september 11 World 40 American Criminal Law Review 1195 (Summer, 2003) In the immediate aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon, there was an apparent shift in the debate about racial profiling. After years of condemning the practice of racial profiling as one that violated civil rights, commentators began to accept and even advocate the practice as a necessary...; Search Snippett: ...the World Trade Center and the Pentagon and during the United States' newly declared War on Terrorism, however, new questions and concerns have been raised about racial profiling of Arab and Muslim Americans. Arabs, Muslims, and others whom police and security personnel... 2003  
Charu A. Chandrasekhar Flying While Brown: Federal Civil Rights Remedies to Post-9/11 Airline Racial Profiling of South Asians 10 Asian Law Journal 215 (May, 2003) The terrorist attacks of September 11, 2001 (9/11) permanently transformed the American civil liberties landscape. After nineteen Arab Muslim men hijacked and crashed commercial aircraft into the World Trade Center towers and the Pentagon, people of South Asian, Arab, and Middle Eastern descent have become targets of hundreds of hate crimes and... 2003  
Kevin R. Johnson Immigration, Civil Rights, and Coalitions for Social Justice 1 Hastings Race and Poverty Law Journal 181 (Fall, 2003) In the face of persistent attacks in the popular press, as well as academia, the critical study of the impact of race on the social fabric of the United States continues. Immigration law historically has been considered a specialty area of practitioners spurned by academics. However, the treatment of aliens, particularly noncitizens of color,...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims , 58 N.Y.U. Ann. Survey 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... 2003  
Eric L. Muller Inference or Impact? Racial Profiling and the Internment's True Legacy 1 Ohio State Journal of Criminal Law 103 (Fall, 2003) In the debate about racial and ethnic profiling in the wake of the September 11 terrorist attacks, critics of the administration's policies have frequently argued that the government has made the same fundamental error as the Roosevelt administration made when it forced 110,000 Japanese Americans into camps during World War II. This is a powerful...; Search Snippett: ...judicial approval of much of that program in Korematsu v. United States [FN9] James Ridgeway put the point most explosively just a... 2003  
Steven W. Becker Mirror, Mirror on the Wall .: Assessing the Aftermath of September 11th 37 Valparaiso University Law Review 563 (Spring, 2003) Behavior is a mirror in which every one shows his image. Modern American law has come a long way since the time when outbreak of war made every enemy national an outlaw .. Unfortunately, the sentiment expressed by these words, which were penned by United States Supreme Court Justice Robert H. Jackson more than fifty years ago, has not been heeded...; Search Snippett: 10 (describing government proceedings against Benevolence International Foundation, a Muslim charity); see also Steven W. Becker, The USA PATRIOT Act... 2003  
Kevin R. Johnson Open Borders? 51 UCLA Law Review 193 (October, 2003) U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims, 58 N.Y.U. Ann. Survey Am. L. 295 (2002); Raquel Aldana... 2003  
Shirin Sinnar Patriotic or Unconstitutional? The Mandatory Detention of Aliens under the Usa Patriot Act 55 Stanford Law Review 1419 (April, 2003) 1420 I. Statutory Analysis: The USA Patriot Act Immigration Provisions. 1422 A. Section 412: Mandatory Detention of Certified Aliens. 1424 B. The Effect of Section 412. 1426 II. The Due Process Clause of the Fifth Amendment. 1427 III. Procedural Due Process. 1429 A. Is There a Protected Liberty Interest?. 1429 B. What Process Is...; 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 in context of racial profiling); Samuel Gross & Debra Livingston, Racial Profiling Under Attack, 102 Colum. L. Rev. 1413, 1413 (2002) (presenting framework for defining and evaluating the 2003  
Victor C. Romero Proxies for Loyalty in Constitutional Immigration Law: Citizenship and Race after September 11 52 DePaul Law Review 871 (Spring 2003) I want to share with you some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between... 2003  
Stephen J. Ellmann Racial Profiling and Terrorism 19 New York Law School Journal of Human Rights 305 (2003) September 11 has forced us to look again at who we are. We have re-encountered our own society, as we came to grips with the deaths of thousands only a few blocks from our law school. We have re-encountered the world, its intractable conflicts and the rage and ruthlessness those conflicts sometimes generate. We have sought to reaffirm, as lawyers,...; Search Snippett: ...Second, and of more immediate concern domestically, discrimination may alienate Muslim and Middle Eastern communities in the United States, in much the same way that racial profiling has alienated black communities already. As Fareed Zakaria points... 2003  
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