Friday, September 5, 2008
You might find this article of interest.
"Minorities, Immigrants and Otherwise" Yale Law Journal Pocket Part, Forthcoming UC Davis Legal Studies Research Paper No. 148 KEVIN R. Johnson
Abstract: Anupam Chander's article Minorities, Shareholders and Otherwise 113 YALE L.J. 119 (2003), brilliantly offers a "conservative" justification for a U.S. constitutional law truly dedicated to fairness and justice for all. It does so through counter-intuitively looking to the bottom-line oriented world of corporate law. As Chander explains, modern constitutional law, which in effect ignores the racially discriminatory outcomes of facially neutral laws, has much to learn from corporate law, which strives to ensure fair outcomes - as well as procedures - for minority shareholders. This commentary offers a most powerful example of the gulf between constitutional law and corporate law identified by Professor Chander. Modern constitutional law affords no meaningful substantive protection to immigrants to the United States. The Supreme Court has consistently held that the political branches of the U.S. government possess "plenary power" over immigration and the courts lacks the power to review the substantive constitutionality of the immigration laws. The "plenary power" doctrine in operation serves as a bulwark of inequality for immigrants to the United States.