AuthorTitleCitationSummaryYearKey terms In Title or Summary
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  
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  
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  
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  
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  
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: 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  
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  
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  
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  
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  
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  
Charlton C. Copeland Private Pathologies and Public Policies: Race, Class, and the Failure of Child Welfare 20 Yale Law and Policy Review 513 (2002) As scholars and journalists focus their attention on the problems of racial profiling, increased incarceration among young black men, and their effects on the larger black community, Professor Dorothy Roberts calls our attention to the intersections of race and gender in modern interactions with the child welfare system. In an earlier work, Killing...; Search Snippett: ...1999); Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America (1995); Farah Brelvi, Un-American Activities: Racial Profiling and the Blacklash After Sept. 11, 48 Fed. Lawyer 69 (2001); D.J. Silton, U.S. Prisons and Racial Profiling: A Covertly Racist Nation Rides a Vicious Cycle, 20 Law & Ineq. 53 (2002) ; Madeline Baro Diaz, Muslims: Incidents of Bias Go Unreported; Community Leaders 2002  
Susan M. Akram , Kevin R. Johnson Race, Civil Rights, and Immigration Law after September 11, 2001: the Targeting of Arabs and Muslims 58 New York University Annual Survey of American Law 295 (2002) Although only time will tell, September 11, 2001, promises to be a watershed in the history of the United States. After the tragic events of that day, including the hijacking of four commercial airliners for use as weapons of mass destruction, America went to war on many fronts, including but not limited to military action in Afghanistan. As... 2002 Yes
Lori Sachs September 11, 2001: the Constitution During Crisis: a New Perspective 29 Fordham Urban Law Journal 1715 (April, 2002) At 8:48 a.m. on September 11, 2001, the first of two hijacked planes crashed into the north tower of the World Trade Center in New York City. By 10:28 a.m., the worst attack on American soil had ended, but the nation had not yet begun to react. Four flights had been hijacked that day: two crashed into the World Trade Center, one into the Pentagon,...; Search Snippett: ...Middle Eastern descent); Cecilia M. Vega, Reprisals Worry Arab-Americans, Muslims, Remember Racial Attacks That Followed Oklahoma City Bombing, Press Democrat, Sept. 12... 2002  
Nancy Ehrenreich Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems 71 UMKC Law Review 251 (Winter 2002) I. INTRODUCTION: THE PERIL AND PROMISE OF IDENTITY THEORY. 52 II. DANGERS OF THE DISCOURSE OF DISTINCTNESS. 258 A. The Divide-and-Conquer Tactic. 259 B. The Implication-of-Impurity Tactic. 262 III. IDENTITY THEORY, INTERSECTIONALITY, AND THE ASSUMPTION OF CONFLICTING INTERESTS. 263 A. Identity Analysis and Intersectionality. 263 B....; Search Snippett: ...excuse for American imperialism. [FN163] More recent examples are the racist images of Iraqis as fanatic savages that were frequently invoked to justify United States conduct during the Gulf War (and are resurfacing in Bush... 2002  
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