Michael Doran The Equal-protection Challenge to Federal Indian Law 6 University of Pennsylvania Journal of Law & Public Affairs 1 (November, 2020) This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between... 2020
Ingrid Eagly, Steven Shafer The Institutional Hearing Program: a Study of Prison-based Immigration Courts in the United States 54 Law and Society Review 788 (December, 2020) This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of... 2020
Carrie F. Cordero, Heidi Li Feldman, Chimène I. Keitner The Law Against Family Separation 51 Columbia Human Rights Law Review 430 (Winter, 2020) This Article offers the first comprehensive assessment of how domestic and international law limits the U.S. government's ability to separate foreign children from the adults accompanying them when they seek to enter the United States. As early as March 6, 2017, then-Secretary of Homeland Security John Kelly told CNN's Wolf Blitzer that he was... 2020
Ingrid V. Eagly The Movement to Decriminalize Border Crossing 61 Boston College Law Review 1967 (June, 2020) Introduction. 1968 I. Immigration Prosecution in the Trump Era. 1974 A. Executive Orders on Immigration Crime. 1977 B. Zero Tolerance for Illegal Entry. 1982 C. Enhanced Punishment for Illegal Reentry. 1986 II. The Movement to Resist Border Criminalization. 1991 A. Ending the Forced Separation of Families. 1991 B. Protecting the Rights of Asylum... 2020
Zainab Ramahi The Muslim Ban Cases: a Lost Opportunity for the Court and a Lesson for the Future 108 California Law Review 557 (April, 2020) On January 27, 2017, newly inaugurated President Donald Trump signed an Executive Order that banned individuals from certain Muslim-majority countries from entry into the United States. The district and circuit courts' subsequent refusals to sanction the Muslim Bans offered hope to those who recognized the bans as part of a legacy of racist and... 2020
Hiroshi Motomura The New Migration Law: Migrants, Refugees, and Citizens in an Anxious Age 105 Cornell Law Review 457 (January, 2020) L1-2Introduction . L3458 I. Immigration, Immigrants, and Civil Rights. 460 A. The Era of Explicit Discrimination. 460 B. America Changes. 463 C. The Rule of Law. 466 D. Borders With Justice, Without Racism. 471 E. The Limits of Civil Rights. 474 II. Migrants and Refugees. 479 A. Refugee Protection. 480 B. Exceptionalism Under Pressure. 483 C.... 2020
Michael H. LeRoy The President's Immigration Powers: Migratory Labor and Racial Animus 75 New York University Annual Survey of American Law 187 (2020) Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting... 2020
Monika Batra Kashyap U.s. Settler Colonialism, White Supremacy, and the Racially Disparate Impacts of Covid-19 11 California Law Review Online 517 (November, 2020) This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial... 2020
L. Darnell Weeden We the People Should Extend Constitutional Protections to Undocumented Resident Immigrants Killed Unreasonably by the Police 44 Thurgood Marshall Law Review 187 (Spring, 2020) This article will discuss whether an undocumented resident immigrant residing in a community in the United States is entitled to basic due process rights. A question for consideration is whether an undocumented resident immigrant living in a community in the United States can be denied a basic right against unreasonable searches and seizures in a... 2020
Issa Kohler-Hausmann What's the Point of Parity? Harvard, Groupness, and the Equal Protection Clause 115 Northwestern University Law Review Online 1 (5/8/2020) Students for Fair Admissions (SFFA) v. Harvard--a case alleging racial discrimination against Asian applicants in undergraduate admissions on appeal to the First Circuit--is one of the most notable recent equal protection challenges to be advanced almost exclusively on the basis of statistical evidence. The case could well end affirmative... 2020
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