| Author | Title | Citation | Summary | Year |
| 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 |
| Stella Burch Elias |
LAW AS A TOOL OF TERROR |
107 Iowa Law Review 1 (November, 2021) |
The immigration laws and policies of the United States from January 2017 through January 2021 serve as a cautionary example of what may happen when the rule of law and the equitable administration of justice are subverted by policymakers pursuing an extreme and coercive political agenda. For four years the Trump Administration used its... |
2021 |
| Wadie E. Said |
Law Enforcement in the American Security State |
2019 Wisconsin Law Review 819 (2019) |
This Article documents the evolution of the modern American police state and the symbiotic nature of the relationship between government actors across the three sectors of national security, domestic policing, and immigration enforcement. Policies from one area make their way into the other two, with the net result being that the powers of... |
2019 |
| Felice Batlan |
Law in the Time of Cholera: Disease, State Power, and Quarantines past and Future |
80 Temple Law Review 53 (Spring 2007) |
I. Introduction. 54 II. A Brief History of Quarantine. 62 III. The 1892 Threatened Epidemics: Immigrants, Pesthouses, and Oysters. 68 A. Methodology. 68 B. The Most Modern of Facilities: The New York City Board of Health. 69 C. Frontiers: Immigration and Typhus. 72 D. The Erasure of the Juridical Being. 76 E. Awaiting Cholera. 79 F. Cholera and... |
2007 |
| Samuel Vincent Jones |
LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION |
21 Berkeley Journal of African-American Law & Policy 84 (2021) |
Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... |
2021 |
| Kitty Calavita |
Law, Citizenship, and the Construction of (Some) Immigrant "Others" |
30 Law and Social Inquiry 401 (Spring 2005) |
Rhael Salazar Parrenas. Servants of Globalization: Women, Migration, and Domestic Work. Palo Alto, Calif.: Stanford University Press, 2001. Pp. 309. $55.00 cloth; $21.95 paper. Bonnie Honig. Democracy and the Foreigner. Princeton, N.J.: Princeton University Press, 2001. Pp. 204. $39.95 cloth; $19.95 paper. Peter Schuck. Citizens, Strangers, and... |
2005 |
| Gideon Sapir , Mark Goldfeder |
Law, Religion, and Immigration: Building Bridges with Express Lanes |
32 Emory International Law Review 201 (2018) |
This Article asks whether it can ever be moral or legal to use certain criteria, including nationality and/or religion, in formulating preferential immigration policies. In order to answer the question, it presents an in-depth look at the controversial right of return, focusing in particular on the example of the Israeli Law of Return. It... |
2018 |
| Rebecca Hayes |
Lawful Permanent Residency: What the United States Citizenship & Immigration Services Giveth, it Can Also Take Away |
59 Boston College Law Review E-Supplement 329 (April 11, 2018) |
Abstract: Millions of foreigners strive to become Lawful Permanent Residents of the United States, but that status is limited to those immigrants who meet certain requirements and comply with extensive procedures. There is ample U.S. case law interpreting what it means to be lawfully admitted for permanent residence. Until the Sixth Circuit's... |
2018 |
| Michael A. Olivas |
Lawmakers Gone Wild? College Residency and the Response to Professor Kobach |
61 SMU Law Review 99 (Winter 2008) |
Of critical importance is the fact that all four of the [September 11th] hijackers who were stopped by local police prior to 9/11 had violated federal immigration laws and could have been detained by the state or local police officers. Indeed, there were only five hijackers who were clearly in violation of immigration laws while in the United... |
2008 |
| Julia Simon-Kerr |
LAW'S CREDIBILITY PROBLEM |
98 Washington Law Review 179 (March, 2023) |
Abstract: Credibility determinations often seal people's fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is no stable definition of credibility in the law. Courts and agencies diverge at the most basic... |
2023 |
| Nina Wang |
Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law. Lucy E. Salyer |
31 Harvard Civil Rights-Civil Liberties Law Review 587 (Summer, 1996) |
Reputed to be a cultural melting pot and a nation of equality, the United States attracted more than 18.2 million voluntary immigrants during the Progressive Era, which spanned from 1890 to 1920. At the turn of the century, the United States symbolized economic opportunity and personal liberty for people seeking a better life. For many Chinese... |
1996 |
| Julia Hernandez |
Lawyering Close to Home |
27 Clinical Law Review 131 (Fall, 2020) |
This essay incorporates ethnographic insights and narrative technique, rooted in part in Critical Race Theory and critical geography studies, to ground conversations about transformative pedagogy and praxis in the lived experiences of our students. Many of our students fight for radical social change and enter law school hoping to gain new tools... |
2020 |
| Laila L. Hlass |
LAWYERING FROM A DEPORTATION ABOLITION ETHIC |
110 California Law Review 1597 (October, 2022) |
This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight connected... |
2022 |
| Ingrid Eagly |
LEARNING FROM DEPORTED AMERICANS |
50 Southwestern Law Review 333 (2021) |
When I was a deputy federal public defender in Los Angeles, I represented many individuals who were charged with the federal crime of illegal reentry. One client in particular still stands out in my memory. When I first met him in lock-up, he told me that he should not have been deported. When I asked why, the answer was simple: he was American. He... |
2021 |
| Caleb Ward |
LEARNING FROM THE PAST: USING KOREMATSU AND OTHER JAPANESE INTERNMENT CASES TO PROVIDE PROTECTIONS AGAINST IMMIGRATION DETENTIONS |
73 Arkansas Law Review 841 (2021) |
Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States... |
2021 |
| Smita Ghosh , Mary Hoopes |
LEARNING TO DETAIN ASYLUM SEEKERS AND THE GROWTH OF MASS IMMIGRATION DETENTION IN THE UNITED STATES |
46 Law and Social Inquiry 993 (November, 2021) |
Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for... |
2021 |
| David Christensen |
Leaving the Back Door Open: Italy's Response to Illegal Immigration |
11 Georgetown Immigration Law Journal 461 (Spring, 1997) |
In recent years, the prosperous nations of Western Europe have experienced record levels of migration pressure, as immigrants and refugees from North Africa, Eastern Europe and other impoverished regions of the world have arrived in ever-increasing numbers seeking stability and economic opportunity. To control this inflow, Western European... |
1997 |
| Anita Ortiz Maddali |
Left Behind: the Dying Principle of Family Reunification under Immigration Law |
50 University of Michigan Journal of Law Reform 107 (Fall, 2016) |
A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and... |
2016 |
| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2023 |
| Daniel Kanstroom |
Legal Lines in Shifting Sand: Immigration Law and Human Rights in the Wake of September 11th |
25 Boston College Third World Law Journal L.J. 1 (Winter, 2005) |
Abstract: In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the... |
2005 |
| Leila Kawar |
Legal Mobilization on the Terrain of the State: Creating a Field of Immigrant Rights Lawyering in France and the United States |
36 Law and Social Inquiry 354 (Spring, 2011) |
Scholarship on law and social movements has focused attention primarily on the United States, and secondarily on countries that share the Anglo-American legal tradition. The politics of law and social movements in other national legal contexts remains under examined. The analysis in this article contrasts legal mobilizations for immigrant rights in... |
2011 |