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Nash on Local Nuisance Laws & Immigration

By Lawrence Solum

Lindsay C. Nash (Cardozo Law School) has posted Expression by Ordinance: Preemption and Proxy in Local Legislation on SSRN. Here is the 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.

Full post as published by Legal Theory Blog on October 07, 2010 (boomark / email).