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Examples
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As a practical matter, a claim of selective prosecution is well nigh impossible to prove, absent an express admission of racial or ethnic animus or a situation so flagrant as that present in Yick Wo v. Hopkins, 118 U.S. 356 (1886) (facially neutral municipal ordinance enforced Chinese laundry operators, but not otherwise enforced).
The Volokh Conspiracy » What Will Kagan Say about AZ Immigration Law 2010
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Yick Wo held that discriminatory enforcement itself was unconstitutional, not that the statute was unconstitutional.
The Volokh Conspiracy » Kobach on Arizona’s Immigration Law 2010
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For the wedding scene, she reappeared in the guise of a Chinese lawyer from Yick Lum Plum (a corporation that made a popular snack food in Hawaii).
George Heymont: Na Lei Hulu I Ka Wekiu Celebrates 25 Years of Hula in San Francisco George Heymont 2010
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"He made the most mistakes," 72-year-old Li Yick-biu said.
No Criminal Charges in Manila Bus Drama James Hookway 2010
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For the wedding scene, she reappeared in the guise of a Chinese lawyer from Yick Lum Plum (a corporation that made a popular snack food in Hawaii).
George Heymont: Na Lei Hulu I Ka Wekiu Celebrates 25 Years of Hula in San Francisco George Heymont 2010
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As to why this is unconstitutional, I would think discriminatory enforcement would fall under Yick Wo or some like precedent.
The Volokh Conspiracy » Kobach on Arizona’s Immigration Law 2010
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For instance, a ruling in 1886 pertaining to a Chinese national, Yick Wo, held that “these provisions (in the 14th Amendment) are universal in their application, to all persons within the territorial jurisdiction (of the United States).”
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As to why this is unconstitutional, I would think discriminatory enforcement would fall under Yick Wo or some like precedent.
The Volokh Conspiracy » Kobach on Arizona’s Immigration Law 2010
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Particularly when the courts deny statistical evidence absent absurdly obvious discrimination ala Yick Wo, and instead require proof of actual invidious intent ... unless you happen to be a white guy namedÂDubya.
The Volokh Conspiracy » 1. Science, Faith, and Not Ruling Out Possibilities 2010
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Arlington cites Yick Wo for such a case where the there is no other possible explanation except invidious intent for the results.
The Volokh Conspiracy » Standing and Ripeness Issues in the Lawsuits Against Obamacare 2010
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