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Full-Text Articles in Law
The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)
The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)
Oklahoma Law Review
No abstract provided.
Immigration In The Supreme Court, 2009-13: A New Era Of Immigration Law Unexceptionalism, Kevin R. Johnson
Immigration In The Supreme Court, 2009-13: A New Era Of Immigration Law Unexceptionalism, Kevin R. Johnson
Oklahoma Law Review
No abstract provided.
Chae Chan Ping At 125: An Introduction, Kit Johnson
Chae Chan Ping At 125: An Introduction, Kit Johnson
Oklahoma Law Review
No abstract provided.
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Oklahoma Law Review
The plenary power doctrine, traditionally traced to the Supreme Court’s decision in Chae Chan Ping, has persisted despite a steady and vigorous stream of scholarly criticism. This essay undertakes to explain why. First, the Court’s strong deference to the political branches does not derive from the concept of sovereignty. Justice Field’s opinion for the Court invoked sovereignty not to trump rights claims but to solve a federalism problem — structural reasoning that locates the immigration control power squarely in the federal government, though not explicitly enumerated in the Constitution. The Chae Chan Ping Court’s deference to the political branches instead …
Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda
Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda
Oklahoma Law Review
With its plenary power doctrine, the Supreme Court erred by rejecting the universal in favor of the particular. Liberal immigration theorists, on the other hand, make the opposite error by rejecting the particular in favor of the universal. Drawing on classic international law publicists and the Catholic philosophical tradition, this essay argues that the two concepts—the state’s greater duty toward its own citizens (the particular) and equal dignity and worth of all human beings (the universal)—go hand in hand: complementing each other and giving the state a qualified right to limit immigration along with a qualified duty to admit vulnerable …
Chae Chan Ping V. United States: Immigration As Property, Rose Cuison Villazor
Chae Chan Ping V. United States: Immigration As Property, Rose Cuison Villazor
Oklahoma Law Review
No abstract provided.
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Oklahoma Law Review
No abstract provided.
“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson
“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson
Oklahoma Law Review
No abstract provided.
Immigration And The New Nativism: A Review Essay (Reviewing Immigrants Out! The New Nativism And The Anti-Immigrant Impulse In The United States, Edited By Juan F. Perea), Harvey Gee
Oklahoma Law Review
No abstract provided.
Immigration Law And The Criminal Alien: A Comparison Of Policies For Arbitrary Deportations Of Legal Permanent Residents Convicted Of Aggravated Felonies, Brent K. Newcomb
Immigration Law And The Criminal Alien: A Comparison Of Policies For Arbitrary Deportations Of Legal Permanent Residents Convicted Of Aggravated Felonies, Brent K. Newcomb
Oklahoma Law Review
No abstract provided.