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Articles 1 - 30 of 53
Full-Text Articles in Law and Race
Foreword: Reigniting Community: Strengthening The Asian Pacific American Identity, Denny Chan, Jennifer Chin, James Yoon
Foreword: Reigniting Community: Strengthening The Asian Pacific American Identity, Denny Chan, Jennifer Chin, James Yoon
UC Irvine Law Review
No abstract provided.
An Invisibility Cloak: The Model Minority Myth And Unauthorized Asian Immigrants, Denny Chan
An Invisibility Cloak: The Model Minority Myth And Unauthorized Asian Immigrants, Denny Chan
UC Irvine Law Review
No abstract provided.
The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro
The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro
Michigan Journal of Race and Law
This Article analyzes United States v. Jones, in which the Supreme Court considered whether government placement of a global positioning system (GPS) device on a vehicle to follow a person’s movements constituted a Fourth Amendment “search.” The Jones Court ruled that two distinct definitions existed for a Fourth Amendment “search.” In addition to Katz v. United States’s reasonable-expectation-of-privacy standard, which the Court had used exclusively for over four decades, the Court recognized a second kind of search that it called a “classic trespassory search.” The second kind of search occurs when officials physically trespass or intrude upon a constitutionally protected …
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Michigan Journal of Race and Law
At the nation’s founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for foreigners. This Article is the first sustained treatment of the creation of property rights for noncitizens in American law. It uncovers two key sources for the rights that emerged during the nineteenth century: federal territorial law, which allowed for alien property ownership and alien suffrage, and state …
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Michigan Journal of Race and Law
Immigration is currently a hot topic; discussion of immigration reform and the problems in our current system appear in the news virtually every day. There is widespread consensus that our current immigration system is “broken,” but there is little agreement on why and even less on what should be done to fix it. These are difficult and important questions, involving many complex interrelated factors. While I do not hope and cannot aim to answer them completely in this Article, I will argue that in doing so we must consider an often overlooked and generally understudied issue: the effects of trauma …
The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman
The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman
UC Irvine Law Review
No abstract provided.
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
Michigan Journal of Race and Law
In the last fifteen years, the Board of Immigration Appeals has imposed a requirement that persons seeking asylum based on membership in a particular social group must establish that the social group is “socially visible” throughout society. This Comment argues that the social visibility requirement should be denied administrative deference on several grounds. The requirement should be denied Chevron deference because Congress’s intent behind the Refugee Act of 1980 is clear and unambiguous and, alternatively, the requirement is an impermissible interpretation of the statute. The requirement is also arbitrary and capricious under the Administrative Procedures Act. This Comment argues that …
The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones
The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones
UC Irvine Law Review
No abstract provided.
Reconceptualizing Asian Pacific American Identity At The Margins, Julian Lim
Reconceptualizing Asian Pacific American Identity At The Margins, Julian Lim
UC Irvine Law Review
No abstract provided.
“Of The Law, But Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction And Violence Against Asian Immigrant Women, Lee Ann S. Wang
“Of The Law, But Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction And Violence Against Asian Immigrant Women, Lee Ann S. Wang
UC Irvine Law Review
No abstract provided.
Critical Ethnic Legal Histories: Unearthing The Interracial Justice Of Filipino American Agricultural Labor Organizing, Marc-Tizoc González
Critical Ethnic Legal Histories: Unearthing The Interracial Justice Of Filipino American Agricultural Labor Organizing, Marc-Tizoc González
UC Irvine Law Review
No abstract provided.
Policing “Radicalization”, Amna Akbar
The Invention Of Asian Americans, Robert S. Chang
The Invention Of Asian Americans, Robert S. Chang
UC Irvine Law Review
No abstract provided.
“A Chinaman’S Chance” In Court: Asian Pacific Americans And Racial Rules Of Evidence, Gabriel J. Chin
“A Chinaman’S Chance” In Court: Asian Pacific Americans And Racial Rules Of Evidence, Gabriel J. Chin
UC Irvine Law Review
No abstract provided.
Citizenship, Voting, And Asian American Political Engagement, Ana Henderson
Citizenship, Voting, And Asian American Political Engagement, Ana Henderson
UC Irvine Law Review
No abstract provided.
Half/Full, Nancy Leong
Legal Solutions For Apa Transracial Adoptees, Kim H. Pearson
Legal Solutions For Apa Transracial Adoptees, Kim H. Pearson
UC Irvine Law Review
No abstract provided.
Victimology, Personality, And Hazing: A Study Of Black Greek-Letter Organizations, Gregory S. Parks, E. Shayne, Matthew W. Hughey
Victimology, Personality, And Hazing: A Study Of Black Greek-Letter Organizations, Gregory S. Parks, E. Shayne, Matthew W. Hughey
North Carolina Central Law Review
No abstract provided.
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
University of Michigan Journal of Law Reform
This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of “misperception …
Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman
Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman
Buffalo Public Interest Law Journal
This article seeks to explain how a relative newcomer to constitutional anti-discrimination jurisprudence, secular identity, has managed to gamer a far higher degree of protection than historically suspect classes, such as race and gender. It attributes this phenom- enon to the "separate but equal" model of equality inherent in the doctrine of "separation of church and state." It notes that, despite acknowledging that government segregation is per se unequal in the Brown decision, the Supreme Court has continued to enforce religious segregation as a requirement of the Establishment Clause. In doing so, the Court has created a new type of …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
UC Irvine Law Review
No abstract provided.
Foreword: Critical Race Theory And Empirical Methods, Osagie K. Obasogie
Foreword: Critical Race Theory And Empirical Methods, Osagie K. Obasogie
UC Irvine Law Review
No abstract provided.
Degradation Ceremonies And The Criminalization Of Low-Income Women, Kaaryn Gustafson
Degradation Ceremonies And The Criminalization Of Low-Income Women, Kaaryn Gustafson
UC Irvine Law Review
No abstract provided.
Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla
Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla
UC Irvine Law Review
No abstract provided.
Poetry As Evidence, Gregory S. Parks, Rashawn Ray
Poetry As Evidence, Gregory S. Parks, Rashawn Ray
UC Irvine Law Review
No abstract provided.
Empirical Intersectionality: A Tale Of Two Approaches, Ange-Marie Hancock
Empirical Intersectionality: A Tale Of Two Approaches, Ange-Marie Hancock
UC Irvine Law Review
No abstract provided.
What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration, Lynn Adelman
What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration, Lynn Adelman
Michigan Journal of Race and Law
Beginning in the 1970s, the United States embarked on a shift in its penal policies, tripling the percentage of convicted felons sentenced to confinement and doubling the length of their sentences. This shift included a dramatic increase in the prosecution and incarceration of drug offenders. As a result of its move toward long prison sentences, the United States now incarcerates so many people that it has become an outlier; this is not just among developed democracies, but among all nations, including highly punitive states such as Russia and South Africa, and also in comparison to the United States' own long-standing …
The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod
The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod
University of Michigan Journal of Law Reform
In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …