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Full-Text Articles in Law
Black-Box Immigration Federalism, David S. Rubenstein
Black-Box Immigration Federalism, David S. Rubenstein
Michigan Law Review
In Immigration Outside the Law, Hiroshi Motomura confronts the three hardest questions in immigration today: what to do about our undocumented population, who should decide, and by what legal process. Motomura’s treatment is characteristically visionary, analytically rich, and eminently fair to competing views. The book’s intellectual arc begins with its title: “Immigration Outside the Law.” As the narrative unfolds, however, Motomura explains that undocumented immigrants are “Americans in waiting,” with moral and legal claims to societal integration.
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Michigan Law Review
A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …