Phal Sok BROKEN SYSTEMS: FUNCTION BY DESIGN 68 UCLA Law Review Discourse 14 (2021) This Essay traces the roots of the criminal legal and immigration systems and explains my personal journey through these systems, as well as what I have observed about how they operate today. These systems are rooted in British and colonial laws, as well as Puritanism. The remnants of these practices still affect our systems today and show us that... 2021
Shayak Sarkar CAPITAL CONTROLS AS MIGRANT CONTROLS 109 California Law Review 799 (June, 2021) The disparate treatment of capital and labor reflects one of globalization's central asymmetries: the law often allows financial capital, but not people, to move freely across borders. Yet scholars have largely neglected the intersection of these two regimes, the legal restrictions on migrants' capital, particularly when the migrants themselves are... 2021
D. Carolina Núñez DARK MATTER IN THE LAW 62 Boston College Law Review 1555 (May, 2021) Introduction. 1556 I. The Chinese Exclusion Case and Its Progeny: Ordinary Matter in an Extraordinary Immigration Law Universe. 1565 A. The Origins of Immigration Law's Plenary Power Doctrine. 1566 B. Plenary Power and the Constitution After Chinese Exclusion. 1570 1. Plenary Power and Political Opinion. 1571 2. Plenary Power and Gender. 1574 II.... 2021
Nicholas Loh DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY 48 Fordham Urban Law Journal 1331 (October, 2021) Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... 2021
Cristina Isabel Ceballos, David Freeman Engstrom, Daniel E. Ho DISPARATE LIMBO: HOW ADMINISTRATIVE LAW ERASED ANTIDISCRIMINATION 131 Yale Law Journal 370 (November, 2021) Administrative law has a blind spot. It is blackletter doctrine that an agency's failure to consider the impacts of its conduct can lead to court invalidation of its decision as arbitrary and capricious. Judges have set aside agency action for failures to consider differential impacts on subgroups of business owners, park visitors, and animals. Yet... 2021
Liav Orgad FORCED TO BE FREE: THE LIMITS OF EUROPEAN TOLERANCE 34 Harvard Human Rights Journal 1 (Spring, 2021) Under which circumstances is it legitimate to force people to be free? Focusing on recent cases in Europe--handshaking, gender-mixed swimming lessons, and burkini bans--the Article exposes two types of moral hypocrisy in the European approach to this question. First, there is an increasing appeal to the notion of forcing people to be free in... 2021
Afton Izu GUILTY UNTIL PROVEN "ESSENTIAL": A MERITOCRATIC PATHWAY TO CITIZENSHIP FOR UNDOCUMENTED WORKERS 35 Georgetown Immigration Law Journal 999 (Spring, 2021) Less than a year and a half after the Trump administration promulgated its public charge rule and nine months after the former president issued a proclamation freezing green card issuance, a group of one hundred lawmakers beseeched House leadership to provide an expedited pathway to citizenship for undocumented essential workers sustaining the... 2021
Sara K. Rankin HIDING HOMELESSNESS: THE TRANSCARCERATION OF HOMELESSNESS 109 California Law Review 559 (April, 2021) Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... 2021
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Georgia State University Law Review 1139 (Summer, 2021) Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the... 2021
Kevin R. Johnson IMMIGRATION LAW LESSONS FROM DEPORTED AMERICANS: LIFE AFTER DEPORTATION TO MEXICO 50 Southwestern Law Review 305 (2021) The last few years saw deeply troubling developments in U.S. immigration law and enforcement. The Obama administration annually removed hundreds of thousands of noncitizens from the United States, which earned the President the unflattering nickname of Deporter in Chief. After making immigration enforcement the cornerstone of his 2016... 2021
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