Law Commons^™

"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana

Shruti Rana

Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …

Immigration & Nationality Act Of 1965, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan

Anil Kalhan

No abstract provided.

Institutional Racism, Ice Raids, And Immigration Reform, Bill Hing

Bill Ong Hing

This Article argues that the structure of immigration laws has institutionalized a set of values that dehumanize, demonize, and criminalize immigrants of color. The result is that these victims stop being Mexicans, Latinos, or Chinese and become “illegal immigrants.” We are aware of their race or ethnicity, but we believe we are acting against them because of their status, not because of their race. This institutionalized racism made the Bush ICE raids natural and acceptable in the minds of the general public. Institutionalized racism allows the public to think ICE raids are freeing up jobs for native workers without recognizing …

A Broader View Of The Immigration Adjudication Problem, Jill Family

Jill E. Family

Immigration Reform And Control Act Of 1986, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan

Anil Kalhan

No abstract provided.

Labor Union Coalition Challenges To Governmental Action: Defending The Civil Rights Of Law-Wage Workers, Maria Ontiveros

Maria L. Ontiveros

(This paper is a working draft, which will be published in final form by the University of Chicago Legal Forum, Vol. 2009.)

The article examines international and domestic legal challenges filed by traditional labor unions, in coalition with others, against the government of the Unites States of America. The article argues that these lawsuits can help protect the civil rights of low-wage workers by creating a coherent legal theory defending the civil rights of low-wage workers and by creating an identifiable change agent to work on that defense. The lawsuits include those challenging governmental action with respect to immigrant workers, …

The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo

Emily Ryo

Drawing upon original court records and other previously-unexamined archival materials, this article uncovers the story of one of the earliest reported and documented cases of sex trafficking in American history, United States v. Ah Sou, 138 F. 775 (9th Cir. 1905). Through Ah Sou’s legal challenge, we investigate the development of international human rights norms relevant to sex trafficking and the domestication of those norms in U.S. law. We then examine in detail the remedies presently available for sex trafficking victims and apply those remedies retrospectively to Ah Sou’s case. We conclude that despite the development of the law—both in …