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Chinese Immigrants and the Shaping of Modern Immigration Law Studies in Legal Scholarship

Norman Butler

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Published in Laws Harsh As Tigers: Chinese Immigrants And The Shaping Of Modern Immigration Law (Studies In Legal History)

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Abstract

This article explores the significant role Chinese immigrants have played in shaping modern immigration law studies in legal scholarship. It examines the historical context of Chinese immigration to the United States and the legal challenges they faced. The article analyzes how scholars have used the experiences of Chinese immigrants to develop theories and frameworks for understanding immigration law and policy. It also highlights the contributions of Chinese American legal scholars to the field.

Immigration has been a defining feature of American history, and Chinese immigrants have played an integral role in this complex story. From the early days of the Gold Rush to the present day, Chinese immigrants have faced legal challenges and discrimination, but they have also made significant contributions to American society.

Laws Harsh As Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (Studies in Legal History)

by Lucy E. Salyer

5 out of 5

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The study of immigration law has emerged as a vital field of legal scholarship, and the experiences of Chinese immigrants have provided a rich source of material for scholars. This article explores the ways in which Chinese immigrants have shaped the development of modern immigration law studies. It examines the historical context of Chinese immigration to the United States, the legal challenges they faced, and the scholarly contributions that have been made to the field.

Historical Context

The first significant wave of Chinese immigration to the United States began in the mid-19th century, with the Gold Rush. Chinese laborers were recruited to work in the mines and on the railroads, and they quickly became an essential part of the American economy. However, they also faced widespread discrimination and violence.

In 1882, the United States passed the Chinese Exclusion Act, which barred Chinese laborers from entering the country for ten years. This act was extended several times and was not finally repealed until 1943. The Chinese Exclusion Act had a devastating impact on the Chinese American community, and it marked the beginning of a long history of legal discrimination against Chinese immigrants.

Legal Challenges

In the decades following the passage of the Chinese Exclusion Act, Chinese immigrants continued to challenge the legal barriers that they faced. They filed lawsuits, organized protests, and lobbied for changes in the law.

One of the most important legal victories for Chinese immigrants was the landmark Supreme Court case of United States v. Wong Kim Ark. In this case, the Court ruled that Chinese Americans born in the United States were citizens by birth, regardless of the citizenship of their parents. This decision was a major step forward for Chinese immigrants, and it helped to establish their rights as American citizens.

However, Chinese immigrants continued to face legal challenges in the 20th century. In the 1920s and 1930s, the United States adopted a series of immigration laws that restricted the number of immigrants from Asian countries. These laws were not repealed until the 1960s, and they had a significant impact on the Chinese American community.

Scholarly Contributions

The experiences of Chinese immigrants have been a rich source of material for legal scholars. Scholars have used the challenges faced by Chinese immigrants to develop theories and frameworks for understanding immigration law and policy.

One of the most influential scholars in the field of immigration law is Professor Hiroshi Motomura. Motomura has written extensively about the history of Chinese immigration to the United States, and he has argued that the Chinese Exclusion Act was a defining moment in the development of American immigration law.

Another important scholar in the field is Professor Lucie Cheng. Cheng has written about the legal challenges faced by Chinese American women. She has argued that these women have been doubly marginalized, as both immigrants and women.

The work of Motomura, Cheng, and other scholars has helped to shape our understanding of immigration law and policy. Their work has also inspired a new generation of scholars to study the experiences of Chinese immigrants.

Chinese American Legal Scholars

In addition to the work of non-Chinese American scholars, Chinese American legal scholars have also made significant contributions to the field of immigration law studies. These scholars have brought their own unique perspectives to the field, and they have helped to broaden our understanding of immigration law and policy.

One of the most prominent Chinese American legal scholars is Professor Frank H. Wu. Wu is a professor of law at the University of California, Hastings College of the Law. He has written extensively about immigration law and policy, and he is a leading expert on the Chinese Exclusion Act.

Another important Chinese American legal scholar is Professor Mae M. Ngai. Ngai is a professor of history at Columbia University. She has written about the history of Chinese immigration to the United States, and she is a leading expert on the Chinese Exclusion Act.

The work of Wu, Ngai, and other Chinese American legal scholars has helped to enrich our understanding of immigration law and policy. These scholars have brought their own unique perspectives to the field, and they have helped to inspire a new generation of scholars to study the experiences of Chinese immigrants.

Chinese immigrants have played a significant role in shaping modern immigration law studies in legal scholarship. Their experiences have provided a rich source of material for scholars, and they have helped to develop theories and frameworks for understanding immigration law and policy. Chinese American legal scholars have also made important contributions to the field, and they have helped to broaden our understanding of immigration law and policy.

The study of immigration law is a vital field of legal scholarship, and the experiences of Chinese immigrants will continue to be a source of inspiration for scholars for years to come.

Laws Harsh As Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (Studies in Legal History)

by Lucy E. Salyer

5 out of 5