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Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan Apr 2017

Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan

Nevada Law Journal Forum

In this Essay, I want to make the argument that the validity of the Chinese Exclusion Case is the central question in the challenges to President Trump’s travel bans. The facts are closely analogous. Moreover, the Chinese Exclusion Case is the seminal, canonical decision establishing vast federal power over immigration control. Resolving the present challenges to the Trump Executive Orders requires us to determine, once and for all, if that 1889 decision was rightly decided. But if that case cannot survive given what we know of constitutional law in the twenty first century, we must be precise about what exactly …


Asylum Discord: Disparities In Persecution Assessments, Scott Rempell Sep 2014

Asylum Discord: Disparities In Persecution Assessments, Scott Rempell

Nevada Law Journal

No abstract provided.


The Case Against Separating The Care From The Caregiver: Reuniting Caregivers' Rights And Children's Rights, Pamela Laufer-Ukeles Sep 2014

The Case Against Separating The Care From The Caregiver: Reuniting Caregivers' Rights And Children's Rights, Pamela Laufer-Ukeles

Nevada Law Journal

No abstract provided.


Enforcing Masculinities At The Borders, Jamie R. Abrams Jan 2013

Enforcing Masculinities At The Borders, Jamie R. Abrams

Nevada Law Journal

No abstract provided.


I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman Jan 2012

I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman

Nevada Law Journal

No abstract provided.


The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg Jul 2011

The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg

Nevada Law Journal

No abstract provided.


The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings, Kendal Davis Jan 2010

The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings, Kendal Davis

Nevada Law Journal

In June 2008, France’s highest administrative court upheld a decision to deny citizenship to a Muslim woman because, essentially, she was ‘not French enough.’ This decision incited both praise and outrage in the international human rights arena regarding considerations such as the right to freedom of religion, gender equality, and citizenship.

This Note examines relevant French domestic law and international human rights instruments, and argues that while immigration and naturalization decisions remain an exercise of broad sovereign powers, the emerging human rights norm to be free from discrimination should apply in naturalization proceedings. Furthermore, despite judicial deference and flexibility to …


The Immigrant Rights Marches (Las Marchas): Did The "Gigante" (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos Jun 2007

The Immigrant Rights Marches (Las Marchas): Did The "Gigante" (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos

Nevada Law Journal

No abstract provided.


Temporary Protected Status: An Immigration Statute That Redefines Traditional Notions Of Status And Temporariness, Eva Segerblom Mar 2007

Temporary Protected Status: An Immigration Statute That Redefines Traditional Notions Of Status And Temporariness, Eva Segerblom

Nevada Law Journal

No abstract provided.


The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner Jan 2006

The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner

Nevada Law Journal

No abstract provided.


The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White Sep 2004

The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White

Nevada Law Journal

No abstract provided.