Author | Title | Citation | Summary | Year | Key terms In Title or Summary |
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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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: ...at 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 |
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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 |
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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 |
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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: ...in 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 |
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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 |
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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 |
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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 |
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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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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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: ...at 10 (describing government proceedings against Benevolence International Foundation, a Muslim charity); see also Steven W. Becker, The USA PATRIOT Act... |
2003 |
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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 |
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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 |
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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 |
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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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Kevin R. Johnson |
September 11 and Mexican Immigrants: Collateral Damage Comes Home |
52 DePaul Law Review 849 (Spring 2003) |
The federal government responded swiftly to the mass destruction and horrible loss of life on September 11, 2001. Quickly initiating a war on terror, the U.S. government pursued military action in Afghanistan. The violation of the civil rights of Arab and Muslim noncitizens in the United States followed as well. In the months immediately after... |
2003 |
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Kevin R. Johnson |
The Struggle for Civil Rights: the Need For, and Impediments To, Political Coalitions among and Within Minority Groups |
63 Louisiana Law Review 759 (Spring, 2003) |
The ominous title of this conference-Is Civil Rights Law Dead?-is in no small part a sign of the times. The last few years have seen dire setbacks in civil rights law, including but not limited to attacks on affirmative action, passage of restrictionist immigration legislation and welfare reform, imposition of limits on civil rights litigation,...; 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 (2001-02) ; Bill Ong Hing, Vigilante Racism: The De-Americanization of Immigrant America, 7 Mich. J. Race & L. 441 (2002) ; Thomas W. Joo... |
2003 |
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Michelle Carey |
You Don't Know If They'll Let You out in One Day, One Year, or Ten Years . . . Indefinite Detention of Immigrants after Zadvydas V. Davis |
24 Chicano-Latino Law Review 12 (Spring 2003) |
They just lock us up and throw away the key. It's like a people business for them. They don't care about us. They have beds here and it's like they're losing business unless they fill up the beds. So they just keep us locked down . . . I understand that I made a mistake, but I already did my time for that. Here I don't even know how much time I...; Search Snippett: ...of hate and racial profiling. See Bill Ong Hing, Vigilante Racism: The De-Americanization and Subordination of Immigrant America, 7 Mich. J. Race and L. 441 (2002) (naming and... |
2003 |
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Inna Nazarova |
Alienating "Human" from "Right": U.s. and Uk Non-compliance with Asylum Obligations under International Human Rights Law |
25 Fordham International Law Journal 1335 (June, 2002) |
Let the terrorists among us be warned, said the U.S. Attorney General John D. Ashcroft in a speech at the U.S. Conference of Mayors on October 25, 2001. If you overstay your visas even by one day, we will arrest you. If you violate a local law, we will work to make sure that you are put in jail and kept in custody as long as possible. The U.S...; Search Snippett: ...Islamic fundamentalist organization in Britain). . See Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism... |
2002 |
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Lyrissa Barnett Lidsky |
Brandenburg and the United States' War on Incitement Abroad: Defending a Double Standard |
37 Wake Forest Law Review 1009 (2002) |
[E]very nation must have avenues for the peaceful expression of opinion and dissent. When these avenues are closed, the temptation to speak through violence grows. -- President George W. Bush We have nothing to fear from the demoralizing reasonings of some, if others are left free to demonstrate their errors . . . . -- Thomas Jefferson Although a...; Search Snippett: ...at 15 (noting the often very one-sided view of Islam in Western media ); Leti Volpp, The Citizen and the Terrorist, 49 UCLA L. Rev. 1575 (2002) (examining racial stereotyping of Arabs in the aftermath of September 11, 2001); Gallup Poll Analysis, The Impact of the Attacks on America (Sept. 25, 2001) |
2002 |
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Derek O'Brien , Vaughan Carter |
Chant down Babylon: Freedom of Religion and the Rastafarian Challenge to Majoritarianism |
18 Journal of Law and Religion 219 (2002) |
. . . to a very large extent power consists in the ability to make others inhabit your story of their reality. The accommodation afforded to religious differences within the legal systems of the common law world is as much a political as a legal concern. As such it is part of a much wider debate about the nature of democratic government within a...; Search Snippett: ...on the ground that: [T]he 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... |
2002 |
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Larry Catá Backer |
Human Rights and Legal Education in the Western Hemisphere: Legal Parochialism and Hollow Universalism |
21 Penn State International Law Review 115 (Fall 2002) |
There appears to be a trend towards convergence of individual human rights norms. Universal individual human rights has become an increasingly accepted part of the institutional norms of nations in the Western Hemisphere. Educators across the Americas have an important, perhaps critical, role to play in the internalization of universal individual...; Search Snippett: ...Gemeinschaft und Gesellschaft (1887)). . For those academics in the Americas who toady to the increasingly anachronistic icons of third world... |
2002 |
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Sameer M. Ashar |
Immigration Enforcement and Subordination: the Consequences of Racial Profiling after September 11 |
34 Connecticut Law Review 1185 (Summer, 2002) |
I appreciate the opportunity offered by this Symposium to reflect on the questions raised by immigration enforcement activities undertaken since the September 11 attacks. Like many others in New York and elsewhere, the shock of the collapse of the World Trade Center towers caused me to lose sensation in some part of myself. The spate of hate crime...; Search Snippett: ...focus of law enforcement on innocent Arab and South Asian Muslims in the United States, Ashcroft seems to invite vigilantism on the part of civilians, a coded racial appeal of the type that has had disastrous consequences throughout... |
2002 |
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Richard A. Epstein |
Liberty, Equality, and Privacy: Choosing a Legal Foundation for Gay Rights |
2002 University of Chicago Legal Forum 73 (2002) |
One of the central tasks of constitutional law involves the integration of substantive and antidiscrimination guarantees of two types of legal rules. On the first side, the Constitution contains a variety of rights that look to be substantive in nature. High on this list are the Constitution's provisions that deal with the protection of contracts,...; Search Snippett: ...Herald 25 (Nov 7, 2001) Prior to the attack on America, racial profiling was considered a blatant civil rights violation. . . . In the... |
2002 |
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Thomas W. Joo |
Presumed Disloyal: Executive Power, Judicial Deference, and the Construction of Race Before and after September 11 |
34 Columbia Human Rights Law Review Rev. 1 (Fall 2002) |
Because of its peculiar position as the official voice of society, law plays an important role in the construction of social institutions and beliefs, even those that are not typically considered legal. The study of law and social norms and the study of expressive law focus on this aspect of law. Of course, law does not make up social...; Search Snippett: ...The Arab is racialized as a terrorist, but the Arab racial category is sometimes conflated with the Muslim religious category, even though most Arabs in America are not Muslim and most of the world's Muslims are not Arabs. [FN147] Further complicating matters is the fact... |
2002 |
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