| Author | Title | Citation | Summary | Year |
| John Tehranian |
Is Kim Kardashian White (And Why Does it Matter Anyway)? Racial Fluidity, Identity Mutability & the Future of Civil Rights Jurisprudence |
58 Houston Law Review 151 (Fall, 2020) |
With the world's most ubiquitous celebutante firmly cast in the starring role, this Article conducts an exegesis on the semiotics of Kim Kardashian's racial identity. In the process, the Article explores the social construction of race in action, weighs the individual agency possible in the racialization process, and further probes the reality of... |
2020 |
| Amanda Masters |
Is Procedural Due Process in a Remote Processing Center a Contradiction in Terms? Gandarillas-zambrana V. Board of Immigration Appeals |
57 Ohio State Law Journal 999 (1996) |
Oakdale, Louisiana is a small town of 6,837 people. The Immigration and Naturalization Service (INS) Federal Detention Center in Oakdale holds one thousand immigrants, and the Oakdale Federal Corrections Institution holds three hundred immigrants. These immigrants are in Oakdale because aliens, even legal permanent resident aliens, who are... |
1996 |
| Rachel E. Rosenbloom |
Is the Attorney General the Custodian of an Ins Detainee? Personal Jurisdiction and the "Immediate Custodian" Rule in Immigration-related Habeas Actions |
27 New York University Review of Law and Social Change 543 (2001-2002) |
Habeas corpus, the Great Writ, allows those in government custody to challenge the legality of their confinement. Individuals may petition federal courts for writs of habeas corpus to review such diverse forms of custody as state court criminal sentences, military draft orders, and orders of deportation. For those in the custody of the... |
2002 |
| Saby Ghoshray |
Is There a Human-rights Dimension to Immigration? Seeking Clarity Through the Prism of Morality and Human Survival |
84 Denver University Law Review 1151 (2007) |
She sat with him for a day, searching for water, never straying too far away for fear she could get lost. On Sunday, her little boy died . [Edith] Rodriguez had staggered and zigzagged in her dehydrated state. At one point, it took a half hour to track just 100 feet of her journey. Six hours later, they found the boy's body under a mesquite tree.... |
2007 |
| Gabriel J. Chin |
Is There a Plenary Power Doctrine? A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law |
14 Georgetown Immigration Law Journal 257 (Winter, 2000) |
This essay is an effort to predict what the Supreme Court will do with constitutional immigration law, focusing in particular on substantive categories of aliens who are not allowed to enter or remain in the United States. The Court's record in this context consists of a string of cases, over a century long, upholding with depressing regularity... |
2000 |
| Carlos R. Pastrana |
Is Your Law Firm Truly Committed to Diversity? |
93-SEP Wisconsin Lawyer 28 (September, 2020) |
Since relocating from Puerto Rico to the United States, the author has worked at national, regional, and local firms of all sizes. Although the racial compositions and level of fluency of each of these firms on the topics of diversity and inclusion varied, they all recognized that the legal services market is changing and shared a desire to adapt... |
2020 |
| Mutasim A. Ali |
ISRAEL'S ASYLUM REGIME: THE INCONSISTENCIES WITH NATIONAL AND INTERNATIONAL DUTIES |
31 Michigan State International Law Review 375 (2023) |
Since 2005, Israel has been a destination for refugees fleeing conflicts, repression, and political instability in some African countries, primarily Sudan, Eritrea, and western African countries. Until 2010, more than 26,000 refugees and asylum seekers entered Israel without authorization through the notorious Israeli-Egyptian borders. Due to the... |
2023 |
| Maria del Pilar Castillo |
Issues of Family Separation: an Argument for Moving Away from Enforcement-only Solutions to Our Immigration "Problem" |
25 Temple International and Comparative Law Journal 179 (Spring 2011) |
Please do not deport my parents because you will also deport a girl who only has a year left of high school and a dream to become something more than the daughter of illegal immigrants. What happens to the hope of a single child--anywhere--can enrich our world, or impoverish it. In October 2005, Ruby Arcos, a United States citizen and daughter of... |
2011 |
| L. Darnell Weeden |
It Is Discriminatory for Arizona or Society to Engage in the Anti-immigration Practice of Profiling Hispanics for Speaking Spanish |
12 Loyola Journal of Public Interest Law 109 (Fall 2010) |
This article addresses whether it is a discriminatory practice for Arizona or society to engage in the practice of profiling Hispanics for speaking Spanish. It first looks at whether the United States Constitution allows Arizona to implement an anti-immigration law, S.B. 1070, that creates a presumption that speaking Spanish by a person Hispanic in... |
2010 |
| Adam Crepelle |
IT SHOULDN'T BE THIS HARD: THE LAW AND ECONOMICS OF BUSINESS IN INDIAN COUNTRY |
2023 Utah Law Review 1117 (2023) |
Indian reservation economies have been in shambles for generations. Although some tribes operate successful gaming enterprises, no tribe has a vibrant private sector economy. Law and economics help explain why. Economics is the study of choices, and Indian country's complex legal rules deter businesses from investing on tribal land. After all, no... |
2023 |
| Elisa Vari |
Italy-libya Memorandum of Understanding: Italy's International Obligations |
43 Hastings International and Comparative Law Review 105 (Winter, 2020) |
In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... |
2020 |
| Elisa Vari |
Italy-libya Memorandum of Understanding: Italy's International Obligations |
43 Hastings International and Comparative Law Review 105 (Winter, 2020) |
In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... |
2020 |
| René Lima-Marín , Danielle C. Jefferis |
It's Just like Prison: Is a Civil (Nonpunitive) System of Immigration Detention Theoretically Possible? |
96 Denver Law Review 955 (Summer, 2019) |
This Essay questions a fundamental premise on which the U.S. civil immigration detention system is built: Is a civil--that is, nonpunitive--system of immigration detention even possible? The Supreme Court has not questioned this assumption. Most scholars who critique the state of immigration confinement in the United States assume the possibility... |
2019 |
| M. Hunter Rush |
IT'S MY PARTY, AND I'LL DO WHAT I WANT TO: MAKING THE CASE FOR JUDICIAL REVIEW OF NATIONAL INTEREST WAIVER DENIALS |
27 Washington and Lee Journal of Civil Rights and Social Justice 703 (Spring, 2021) |
Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen's application for a National Interest Waiver is denied, there must be some recourse. The current problem is... |
2021 |
| Kevin R. Johnson |
It's the Economy, Stupid: the Hijacking of the Debate over Immigration Reform by Monsters, Ghosts, and Goblins (Or the War on Drugs, War on Terror, Narcoterrorists, Etc.) |
13 Chapman Law Review 583 (Spring 2010) |
The title to this conference -- Drug War Madness: Policies, Borders, and Corruption--brings to mind many images, few of them positive. Although Mexico is not mentioned in the conference title, much of the live symposium at which this paper was originally presented discussed drug war madness in connection with the United States and Mexico. My... |
2010 |
| Kerry Martin |
Jail by Another Name: Ice Detention of Immigrant Criminal Defendants on Pretrial Release |
25 Michigan Journal of Race and Law 147 (Winter, 2020) |
This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon's decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or.... |
2020 |
| Eisha Jain |
JAILHOUSE IMMIGRATION SCREENING |
70 Duke Law Journal 1703 (May, 2021) |
Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has... |
2021 |
| Emily Ryo , Ian Peacock |
Jailing Immigrant Detainees: a National Study of County Participation in Immigration Detention, 1983-2013 |
54 Law and Society Review 66 (March, 2020) |
Hundreds of county jails detain immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties... |
2020 |
| Daniel H. Foote |
Japan's "Foreign Workers" Policy: a View from the United States |
7 Georgetown Immigration Law Journal 707 (December, 1993) |
In Japan, the issue of immigration--the so-called foreign workers problem --has been the focus of great attention and concern in recent years for many of the same reasons as in the United States and Europe. The current downturn in the Japanese economy may have reduced immediate pressures for reexamination of the status quo. Given the increasingly... |
1993 |
| Mary Holper |
JRAD REDUX: JUDICIAL RECOMMENDATION AGAINST IMMIGRATION DETENTION |
91 George Washington Law Review 561 (June, 2023) |
There is a dire need for bail reform in the immigration detention system. Scholars have suggested a variety of recommendations to improve the manner in which immigration detention decisions are made. All of these recommendations have rested on the assumption that there is a finite pool of decisionmakers: Immigration and Customs Enforcement, the... |
2023 |
| Bernard P. Perlmutter |
Judges Behaving Badly . Clinics Fighting Back: the Struggle for Special Immigrant Juveniles in State Dependency Courts in the Age of Trump |
82 Albany Law Review 1553 (2018-2019) |
When people talk about refugees, the words used are they, us or them. The moment of realization that we are a part of them, and they are a part of us, is the moment when we can begin to affect change. - Ai Weiwei, Law of the Journey In the first half of 2016, nearly 26,000 unaccompanied children--most of them from Central America--were... |
2019 |
| Tom Lininger |
JUDGES' ETHICAL DUTIES TO ENSURE FAIR TREATMENT OF INDIGENT PARTIES |
89 Fordham Law Review 1237 (March, 2021) |
In this Essay, I will argue that the American Bar Association (ABA) Model Code of Judicial Conduct (the Model Code) should more squarely address the challenges faced by low-income litigants. Amendments should make clear that judges have a duty to ensure the fair treatment of the indigent in the U.S. legal system. I have written elsewhere about... |
2021 |
| Jason A. Cade |
Judging Immigration Equity: Deportation and Proportionality in the Supreme Court |
50 U.C. Davis Law Review 1029 (February, 2017) |
Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court's jurisprudence across a range of substantive and procedural challenges over the... |
2017 |
| Kimberly A. Arkin, Boston University |
Judging Mohammed: Juvenile Delinquency, Immigration, and Exclusion at the Paris Palace of Justice Susan Terrio (Stanford, Ca: Stanford University Press, 2009) |
33 PoLAR: Political and Legal Anthropology Review 158 (May, 2010) |
Susan Terrio begins Judging Mohammed: Juvenile Delinquency, Immigration, and Exclusion at the Paris Palace of Justice with a puzzle: why does the anxious French public engage in a discourse about a new form of delinquency among minority youth (a delinquency of exclusion) when overall crime rates are actually declining? This question situates... |
2010 |
| Martin Arms |
Judicial Deportation under 18 Usc S 3583(d): a Partial Solution to Immigration Woes? |
64 University of Chicago Law Review 653 (Spring 1997) |
(T)he Federal Government must make sure that dangerous aliens are not on the streets, not allowed to commit new crimes, and not caught in a lengthy deportation process. A United States Senator The INS (Immigration and Naturalization Service) is completely like a Soviet bureaucracy. . . . Every sign starts with the word no: No smoking. No... |
1997 |
| Sanford G. Hooper |
Judicial Minimalism and the National Dialogue on Immigration: the Constitutional Avoidance Doctrine in Zadvydas V. Davis |
59 Washington and Lee Law Review 975 (Summer, 2002) |
The constitutional avoidance doctrine is a canon of construction dictating that where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, [a court's] duty is to adopt the latter. Although the avoidance doctrine is nearly a century... |
2002 |
| Jayanth K. Krishnan |
JUDICIAL POWER--IMMIGRATION-STYLE |
73 Administrative Law Review 317 (Spring, 2021) |
Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court... |
2021 |
| Natalie Gomez-Velez |
Judicial Selection: Diversity, Discretion, Inclusion, and the Idea of Justice |
48 Capital University Law Review 285 (Fall, 2020) |
Judicial selection norms are being tested in significant ways. The current President Donald J. Trump is breaking standards of governance and political discourse related to judging and the rule of law in troubling and dangerous ways. At the same time, the abandonment of years of bi-partisan approaches to judicial selection in an era of extreme... |
2020 |
| Felice Batlan, IIT-Chicago-Kent College of Law |
Julian Lim, Porous Borders: Multiracial Migrations and the Law in the U.s.--mexican Borderlands. Chapel Hill: University of North Carolina Press, 2017. Pp. Xv + 302. $32.50 Hardcover (Isbn 9781469635491). Doi:10.1017/s0738248020000152 |
38 Law and History Review 509 (May, 2020) |
Porous Borders is firmly situated in the interdisciplinary scholarship on borderlands and contributes to this literature by including the experiences of Chinese migrants who lived on both sides of the U.S.-Mexican border, as well as those of Mexicans, African Americans, English-speaking whites, and various First Nations peoples. Much of the first... |
2020 |
| Sunita Patel |
Jumping Hurdles to Sue the Police |
104 Minnesota Law Review 2257 (May, 2020) |
Introduction. 2258 I. Police Structural Reform Litigation. 2269 A. Standing To Obtain Police Injunctions: Lyons. 2271 B. Municipal Liability: Monell. 2276 C. Class Certification: Wal-Mart Stores, Inc. v. Dukes. 2281 1. Class Certification Requirements Under Rule 23. 2282 2. Commonality Under Wal-Mart Stores, Inc.. 2283 II. Floyd v. City of New... |
2020 |
| Len Munsil |
Justice and Compassion: Applying Biblical Truth to the Problem of Illegal Immigration |
9 Regent Journal of International Law 11 (2012) |
Thank you for the invitation to be a part of this important Symposium at Regent University School of Law. I was invited to speak in a seminar here sponsored by the American Center for Law and Justice in 1993, when Regent was just in its early stages, and I have been so impressed by the growth in Regent's academic programs, facilities, and national... |
2012 |
| |
JUSTICE FOR SURVIVORS OF INTIMATE PARTNER VIOLENCE CONFERENCE REPORT |
44 Columbia Journal of Gender and Law 1 (Fall, 2023) |
Domestic violence survivors seeking justice and safety in New York State's family and supreme courts often encounter a deeply flawed, poorly functioning system that exposes them and their children to further harm. On October 13 and 14, 2022, a coalition of leading nonprofit agencies that serve and advocate for survivors convened a conference in New... |
2023 |
| Evan F. McCarthy |
Justices, Justices, Look Through Your Books, and Make Me a Perfect Match: an Argument for the Realistic Probability Test in Cimt Removal Proceedings |
104 Iowa Law Review 2269 (May, 2019) |
ABSTRACT: The Immigration and Nationality Act provides a mechanism for automatic removal of aliens convicted of crimes involving moral turpitude. The problems resulting from trying to make law based on that phrase led immigration courts to adopt a categorical approach to statutory interpretation, which attempts to guarantee deportation based on... |
2019 |
| Michael Duchesne |
KEEPING CHILDREN WITH THEIR PARENTS: HOW U.S. IMMIGRATION LAW FAILS TO UPHOLD THE INTERNATIONAL RIGHT TO FAMILY UNITY |
32 Minnesota Journal of International Law 197 (Summer, 2023) |
There is a fundamental right to family unity based in international law which the United States is currently failing to protect. Specifically, certain U.S. immigration laws cause unnecessary separation of children from parents for extended periods of time--or even indefinitely. Although U.S. immigration laws have been historically pro-family, a... |
2023 |
| Fareed Nassor Hayat |
KILLING DUE PROCESS: DOUBLE JEOPARDY, WHITE SUPREMACY AND GANG PROSECUTIONS |
69 UCLA Law Review Discourse 18 (2021) |
The Fifth Amendment of the U.S. Constitution holds that no person shall be twice put in jeopardy of life or limb for the same offense. Read plainly, a person cannot be tried or punished more than once for a single crime. Yet in recent decades, as legislatures have expanded the prosecutorial state with weapons designed to punish more criminal... |
2021 |
| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2023 |
| Ernesto Hernández-López |
Kiyemba, Guantánamo, and Immigration Law: an Extraterritorial Constitution in a Plenary Power World |
2 UC Irvine Law Review 193 (February, 2012) |
Introduction. 194 I. The Exclusions of Plenary Powers. 200 II. Immigration Law: The Fallback Doctrinal Justification for Guantánamo Detentions. 204 A. Boumediene: Limits on Alien Status and Location as Bars to Constitutional Habeas. 205 B. The Kiyemba Triumvirate: Immigration Law and the Fallback to Detain After Habeas. 210 C. Kiyemba and... |
2012 |
| César Cuauhtémoc García Hernández |
La Migra in the Mirror: Immigration Enforcement and Racial Profiling on the Texas Border |
23 Notre Dame Journal of Law, Ethics & Public Policy 167 (2009) |
The first step in any Latino urban agenda must be to remove La Migra from the front yard. -- Mike Davis Where would the United States be without its ilegales? -- Ilan Stavans On an ordinary Saturday night in late July 2007 the traffic on a bridge linking the Mexican state of Tamaulipas with the Texas border cities of Hidalgo and McAllen was in its... |
2009 |
| César Cuauhtémoc García Hernández |
La Migra in the Mirror: Immigration Enforcement, Racial Profiling, and the Psychology of One Mexican Chasing after Another |
72 Albany Law Review 891 (2009) |
Good morning, it is a pleasure to be here. I would like to thank Professor Anthony Farley, the editors of the Albany Law Review, and the Albany Law Journal of Science & Technology for inviting me in, and for all of you for being here this morning. I would like to spend my time this morning talking about racial profiling. Specifically, I plan to... |
2009 |
| Michael Sullivan |
LABOR CITIZENSHIP FOR THE TWENTY-FIRST CENTURY |
19 Seattle Journal for Social Justice 809 (Spring, 2021) |
Today, immigrant individuals toiling with their citizen colleagues in insecure employment that Guy Standing describes as the post-industrial precariat make up the vanguard of the struggle to protect labor rights. Government officials have honored care workers as essential service employees in the COVID-19 pandemic even as they continue to lack many... |
2021 |
| Michael J. Wishnie |
Laboratories of Bigotry? Devolution of the Immigration Power, Equal Protection, and Federalism |
76 New York University Law Review 493 (May, 2001) |
In this Article, Professor Michael Wishnie addresses the current pressing problem of denial of benefits to legal immigrants under the 1996 Welfare Reform Act in the context of a deeper inquiry into the very heart of immigration law: From where does the federal government derive the power to regulate its borders? Can Congress devolve this power to... |
2001 |
| Cass R. Sunstein |
Lapidation and Apology |
2020 University of Chicago Legal Forum 295 (2020) |
Groups of people, outraged by some real or imagined transgression, often respond in a way that is wildly disproportionate to the occasion, thus ruining the transgressor's day, month, year, or life. To capture that phenomenon, we might repurpose an old word: lapidation. Technically, the word is a synonym for stoning, but it sounds much less violent.... |
2020 |
| Lisa R. Pruitt |
Latina/os, Locality, and Law in the Rural South |
12 Harvard Latino Law Review 135 (Spring 2009) |
Legal issues associated with immigration are playing out at multiple scales, from the local to the national. In this era of municipal anti-immigrant ordinances and federal-local cooperation to enforce immigration laws, legal actors at the municipal, county, and state levels have become frontline policymakers and law enforcers in relation to... |
2009 |
| Sandra Guerra Thompson |
Latinas and Their Families in Detention: the Growing Intersection of Immigration Law and Criminal Law |
14 William and Mary Journal of Women and the Law 225 (Winter, 2008) |
In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers... |
2008 |
| Kevin R. Johnson |
Latinas/os and the Political Process: the Need for Critical Inquiry |
81 Oregon Law Review 917 (Winter 2002) |
Migration from Mexico to the United States was a fact of life in the twentieth century. It continues in the new millennium, with more than 200,000 lawful immigrants from Mexico--the largest contingent of immigrants from any nation-- coming to the United States in 2001 alone. An important part of the nation's labor force, Mexican immigrants... |
2002 |
| Clifford Clapp, Esq. |
Latino Jury Nullification: Resisting Racially & Ethnically Biased Crimmigration Through Civil Disobedience |
17 Rutgers Race & the Law Review 167 (2016) |
In 1995, over twenty years ago, Paul Butler argued for jury nullification by African-American jurors in cases where black defendants commit crimes that do not affect public safety, such as public drunkenness, minor drug possession, gambling and other victimless crimes. He opines that racial considerations by African-American jurors are legally and... |
2016 |
| Marisa Abrajano , Lisa García Bedolla |
Latino Political Participation 25 Years after the Passage of Proposition 187: Opportunities and Continuing Challenges |
53 U.C. Davis Law Review 1831 (April, 2020) |
C1-3Table of Contents L1-2Introduction L31833 I. Can Text Messages Mobilize Voters?. 1839 II. Using Gotv Text Messages to Mobilize Latinos and Voters of Color. 1842 III. Research Design. 1845 IV. Results. 1850 L1-2Conclusion L31854 L1-2Appendix L31856 |
2020 |
| Luz E. Herrera , Pilar Margarita Hernández, Escontrías, Ph.D. |
LATINXS RESHAPING LAW & POLICY IN THE U.S. SOUTH |
31 Southern California Review of Law & Social Justice 1 (Winter, 2022) |
This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this... |
2022 |
| Trevor George Gardner |
LAW AND ORDER AS THE FOUNDATIONAL PARADOX OF THE TRUMP PRESIDENCY |
73 Stanford Law Review Online 141 (June, 2021) |
This Essay scrutinizes the feuding between the Trump White House and various federal law enforcement agencies, concurrent with criminal lawbreaking in the Trump Administration, in an effort to extend scholarly understanding of the relationship between law-and-order politics and popular regard for rule-of-law principles. Sociolegal... |
2021 |
| Frank W. Munger, Carroll Seron |
LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA |
66 New York Law School Law Review 175 (2021/2022) |
EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... |
2022 |