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Articles 61 - 81 of 81
Full-Text Articles in Law
Women’S Unequal Citizenship At The Border: Lessons From Three Nonfiction Films About The Women Of Juárez, Regina Austin
Women’S Unequal Citizenship At The Border: Lessons From Three Nonfiction Films About The Women Of Juárez, Regina Austin
All Faculty Scholarship
There is no better illustration of the impact of borders on women’s equal citizenship than the three documentaries reviewed in this essay. All three deal with the femicides that befell the young women of Ciudad Juárez, Mexico between 1993 and 2005. Juarez is just across the border from El Paso, Texas. Performing the Border (1999) stimulates the viewer’s imagination regarding the ephemeral nature of borders and their impact on the citizenship of women who live at the intersection of local, regional, national and international legal regimes. Señorita Extraviada (2001) is an intimate portrait of the victims which illustrates why the …
Ask, Don’T Tell: Ethical Issues Surrounding Undocumented Workers’ Status In Employment Litigation, Christine N. Cimini
Ask, Don’T Tell: Ethical Issues Surrounding Undocumented Workers’ Status In Employment Litigation, Christine N. Cimini
Articles
The presence of an estimated 11.5 million undocumented immigrants in the United States, of which an estimated 7.2 million are working, has become a flashpoint in the emerging national debate about immigration. Given these statistics, it is not surprising that many undocumented workers suffer injuries in the workplace that are typically legally cognizable. Even though undocumented workers are entitled to a number of legal remedies related to their employment, seeking legal relief often raises heightened concerns about the disclosure of their status. This article explores lawyers' increasingly complex ethical obligations with regard to a client's immigration status in the context …
Immigration And Language Rights: The Evolution Of Private Racist Attitudes Into American Public Law And Policy, Lupe S. Salinas
Immigration And Language Rights: The Evolution Of Private Racist Attitudes Into American Public Law And Policy, Lupe S. Salinas
Nevada Law Journal
No abstract provided.
How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton
How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton
University of the District of Columbia Law Review
Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations.1 Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is because many of the measures taken in the name of fighting terrorism have not been effective at finding terrorists, but have resulted in civil liberties and civil rights violations. Lessening of civil liberties and due process protections disproportionately affects Latino communities, who are less likely to have access …
Race, Immigration, And The Department Of Homeland Security, Victor C. Romero
Race, Immigration, And The Department Of Homeland Security, Victor C. Romero
Journal Articles
Despite the wisdom of separating the service and enforcement functions of our immigration bureau, the new tripartite system under the auspices of the Department of Homeland Security risks fueling the "immigrant Arab as terrorist" stereotype, rather than helping to re-establish the reality that noncitizen terrorists, like U.S. citizen ones, are a rare species.
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
St. Mary's Law Journal
This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
All Faculty Scholarship
The immigration of unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of unskilled …
Immigration Restrictions As Employment Discrimination, Howard F. Chang
Immigration Restrictions As Employment Discrimination, Howard F. Chang
All Faculty Scholarship
In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests …
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Journal Articles
Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Michigan Journal of International Law
This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
St. Mary's Law Journal
Texas’s use of the Texas Assessment of Academic Skills (TAAS) test as an accountability program has had numerous negative and far-reaching effects on minorities. Today, students in Texas public schools first take the TAAS test in the third grade. Students continue to take a form of the TAAS test each year, with the exit-level assessment initially given in the eleventh grade. Students must pass all four sections–Mathematics, English, Science, and Social Studies–in order to graduate and receive their high school diploma. Although devised to effectively motivate students, schools, and teachers with the goal of enhancing educational standards, the TAAS test …
Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein
Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein
Scholarly Works
No abstract provided.
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Michigan Law Review
A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol
UF Law Faculty Publications
This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote equality and …
Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris
Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris
St. Mary's Law Journal
Women sexually harassed by male co-workers are protected by Title VII of the Civil Rights Act. Yet, men are not protected because the federal courts in the Fifth Circuit do not protect men who are sexually harassed by other men. Male victims of sexual harassment are protected if they live in another district which does offer Title VII protection to same-sex victims. But should geography dictate protection? The federal courts are currently split as to whether a claim of sexual harassment between members of the same gender is actionable under Title VII of the Civil Rights Act. In the absence …
The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera
The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera
St. Mary's Law Journal
This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
Articles
As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …
Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach
Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
St. Mary's Law Journal
In City of Richmond v. J.A. Croson Co., the Supreme Court held a minority business utilization plan (Richmond Plan) was violative of the Fourteenth Amendment’s Equal Protection Clause. The Richmond Plan required all builders awarded city construction contracts to subcontract, at minimum, 30% of the contract value to Minority Business Enterprises. A state government enacting legislation that burdens one class of persons and benefits a similarly-situated class must provide sufficient justification for its action to survive equal protection analysis. When distinction is based on race or national origin—classes considered inherently suspect—a reviewing court subjects the governmental legislation to strict scrutiny, …
The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski
The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski
University of Michigan Journal of Law Reform
This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the PHS to change its …
The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.