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Washington and Lee University School of Law
Washington and Lee Journal of Civil Rights and Social Justice
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Articles 1 - 22 of 22
Full-Text Articles in Law
Can “Asians” Truly Be Americans?, Vinay Harpalani
Can “Asians” Truly Be Americans?, Vinay Harpalani
Washington and Lee Journal of Civil Rights and Social Justice
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with the challenges posed by that diversity. Some have basic knowledge of the immigration and exclusion of Asian Americans, the internment of Japanese Americans which was upheld in Korematsu v. United States, and the “model minority stereotype”, but these are Asian Americans 101. This …
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Washington and Lee Journal of Civil Rights and Social Justice
Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic has laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first will focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I will explore patterns of racial and ethnic segregation in America’s schools and how those patterns are linked to additional challenges based on socioeconomic isolation. In addition, I will consider the role of language and …
It’S My Party, And I’Ll Do What I Want To: Making The Case For Judicial Review Of National Interest Waiver Denials, M. Hunter Rush
It’S My Party, And I’Ll Do What I Want To: Making The Case For Judicial Review Of National Interest Waiver Denials, M. Hunter Rush
Washington and Lee Journal of Civil Rights and Social Justice
Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen’s application for a National Interest Waiver is denied, there must be some recourse. The current problem is exacerbated when the United States Citizenship and Immigration Services, on behalf of the Secretary of Homeland Security, denies a waiver for what appears to be racially or religiously motivated purposes. Judicial review in an Article III court is the most neutral forum of review that a noncitizen residing …
The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja
The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja
Washington and Lee Journal of Civil Rights and Social Justice
This Note analyzes asylum law’s lack of explicit protection for individuals who suffer persecution based on their gender, and the reluctance of immigration courts to grant asylum for claims centered on the applicant’s gender. This Note explores opportunities for relief from removal for gender-based asylum claims under the current framework, namely under the particular social group category of United States immigration law. After analysis under current law, this Note proposes a judicial resolution explicitly recognizing particular social groups such as “women from [country].” Next, a statutory of regulatory amendment is suggested that unequivocally allows for asylum claims on the basis …
Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero
Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero
Washington and Lee Journal of Civil Rights and Social Justice
President Donald Trump’s immigration agenda has been criticized by pundits and scholars alike and has been thwarted by courts concerned about executive overreach. This Article contributes to this chorus of critics by viewing the current immigration regime from a Christian perspective on servant leadership, contrary to the stereotype that Christianity necessarily aligns with any one particular political brand. Jesus Christ’s entreaty that his disciples wash each other’s feet provides a useful lens through which to evaluate whether this Administration’s work effectively advances communitarianism, a value consistent with Christian immigration ethics. An examination of a range of immigration policies—from the Muslim …
Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens
Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Humanitarian Protections And The Need For Appointed Counsel For Unaccompanied Immigrant Children Facing Deportation, Ashley Ham Pong
Humanitarian Protections And The Need For Appointed Counsel For Unaccompanied Immigrant Children Facing Deportation, Ashley Ham Pong
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There, Heryka Knoespel
Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There, Heryka Knoespel
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Profiling And Immigration, Aaron Haas
Profiling And Immigration, Aaron Haas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley
What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reaffirming The Role Of The Federal Courts: How The Sixties Provide Guidance For Immigration Reform, Robbie Clarke
Reaffirming The Role Of The Federal Courts: How The Sixties Provide Guidance For Immigration Reform, Robbie Clarke
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith
Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Isn't "Persecution" Enough? Redefining The Refugee Definition To Provide Greater Asylum Protection To Victims Of Gender- Based Persecution, Crystal Doyle
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
People Not Equal: A Glimpse Into The Use Of Profiling And The Effect A Pending U.N. Human Rights Committee Case May Have On United States' Policy, Lindsay N. Wise
People Not Equal: A Glimpse Into The Use Of Profiling And The Effect A Pending U.N. Human Rights Committee Case May Have On United States' Policy, Lindsay N. Wise
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec
A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl
Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Foreword: From The St. Louis To The Golden Venture, Marvin H. Morse
Foreword: From The St. Louis To The Golden Venture, Marvin H. Morse
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Practical Guide To Employment-Based Immigration The State Of Employment-Based Immigration In The Wake Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Helen L. Konrad, Mark B. Rhoads, Eliot Norman
A Practical Guide To Employment-Based Immigration The State Of Employment-Based Immigration In The Wake Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Helen L. Konrad, Mark B. Rhoads, Eliot Norman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.