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Article
Expression by Ordinance: Preemption and Proxy in Local Legislation
Georgetown Immigration Law Journal
  • Lindsay Nash, Benjamin N. Cardozo School of Law
Publication Date
1-1-2011
Abstract

Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This paper examines the hitherto-unstudied correlation between ordinances explicitly related to immigrants and legislation regarding nuisance–as illuminated through primary research into municipal legislation across the nation. Evaluating these laws and the context of their enactment, this research shows when and how nuisance laws target certain populations. Ultimately, this inquiry reveals troubling parallels to previous community responses to disfavored subgroups and the harm resulting from proxy legislation.

Publisher
Georgetown University Law Center
Citation Information
Lindsay Nash. "Expression by Ordinance: Preemption and Proxy in Local Legislation" Georgetown Immigration Law Journal Vol. 25 (2011) p. 243
Available at: http://works.bepress.com/lindsay-nash/45/