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Question1. (2 pages)
Compare the styles of judicial reasoning in Yick Wo v. Hopkins and Plessy v. Ferguson ? consider both the majority opinion of Justice Brown and the dissenting opinion of Justice Harlan in Plessy, as well as the unanimous opinion written by Justice Matthews in Yick Wo.
Your answer should discuss the manner by which each Justice determined whether the ordinance or statute conformed to the 14th
Amendment. You may also wish to discuss the types of evidence relied on (or not relied on) by each Justice in reaching their respective decisions, the legal authority or precedent relied upon, or any other interesting criteria of comparison.
Question 2. (2 pages)
Reflect on In re Kasinga (U.S. Board of Immigration Appeals, 1996), as well as on the asylum claims process as examined in Professor Volpp?s guest lecture, and answer the following question.
How and why does the asylum claims process function as a site of ?cultural production? (in the sense suggested by Merry in Courts as Performances) that ?reformulates? the situations of claimants such as Fauziya Kassinga. What ethical dilemmas does this process raise?
Your answer should discuss the roles of relevant actors (including the ?audience?), the way the formal asylum requirements interact with the actors? interests and objectives, and the resultant professional and ethical dilemmas. You should employ examples from Kasinga, including the related chapter by Charles Piot. You may also wish to reference Merry, Volpp, and/or Galanter, among any other authors whose ideas you find especially pertinent.
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