AuthorTitleCitationSummaryYearKey terms In Title or Summary
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  
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