| Author | Title | Citation | Summary | Year |
| |
Appeals |
49 Georgetown Law Journal Annual Review of Criminal Procedure 1001 (2020) |
Jurisdiction. Federal appellate courts generally only review final decisions of the district courts. Thus, an appeal is not allowed from any decision which is tentative, informal or incomplete. In criminal matters, an appeal usually may only be taken after the district court has imposed a sentence. After a notice of appeal is filed, the district... |
2020 |
| Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy |
Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality |
71 Alabama Law Review 893 (2020) |
Introduction. 895 I. Impartiality and Disparities in Legal Outcomes. 899 A. The Equilibrium. 899 B. Implicit Judicial Biases. 903 C. Structural Biases. 912 D. Attempts to Reduce Outcome Disparities. 919 E. Reducing Disparities Through Online Proceedings?. 924 II. Empirical Study of Legal Outcomes Online and Offline: Disparities and Potential... |
2020 |
| Cynthia Willis-Esqueda, Ph.D. |
Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias |
67 UCLA Law Review 1204 (November, 2020) |
Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it... |
2020 |
| Jennifer Terrell |
Ballot Denied: Voting in the Age of Covid-19 |
34-OCT CBA Record 20 (September/October, 2020) |
During Indiana's primary election this year, held in June, Angela Horne and hermother planned to vote as they always do--by casting a ballot at their polling place. Because of safety concerns amidst the COVID-19 pandemic, however, Marion County opened only 22 polling places in this election--less than 10% of the normal amount. Angela's mother lives... |
2020 |
| Walter I. Gonçalves, Jr. |
Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions |
10 Columbia Journal of Race and Law L. 1 (2020) |
Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... |
2020 |
| Jennifer Lee Koh |
Barricading the Immigration Courts |
69 Duke Law Journal Online 48 (February, 2020) |
The nation's immigration courts are rapidly deteriorating. The American Bar Association has characterized the Department of Justice-run court system as irredeemably dysfunctional and on the brink of collapse. Historic highs in the immigration court backlog, coupled with the stridency of the federal government's immigration enforcement agenda,... |
2020 |
| Mika Galilee-Belfer |
Bdsm, Kink, and Consent: What the Law Can Learn from Consent-driven Communities |
62 Arizona Law Review 507 (Summer, 2020) |
Millions of Americans participate in consensual, mutually agreed-upon activities such as bondage, dominance, and submission--collectively referred to as BDSM or kink--yet the relationship between individual consent to such participation and consent as legally understood and defined is imperfect at best. Because the law has not proven adept at... |
2020 |
| Christopher E. Smith |
Blue Lives Matter Versus Black Lives Matter: Beneficial Social Policies as the Path Away from Punitive Rhetoric and Harm |
44 Vermont Law Review 463 (Spring, 2020) |
Introduction. 463 I. Counterreaction: Origins and Outcomes. 464 A. The Origins of Two Organizations. 464 B. The Policy Response: Punitive Laws. 467 II. Beneficial Policies: Getting Serious About Protecting and Supporting Police Officers. 470 A. Resources. 471 B. Public Policy. 474 C. Respecting Black Lives Matter. 480 Conclusion. 489 |
2020 |
| |
Book Notes |
45 Law and Social Inquiry 1185 (November, 2020) |
L1-2CONTENTS Constitutional Theory and History. 1186 Criminal Justice and Social Control: Capital Punishment. 1186 Criminal Justice and Social Control: The Carceral State. 1187 Criminal Justice and Social Control: General. 1187 Criminal Justice and Social Control: Policing. 1188 Human Rights. 1189 Islamic Law and Society. 1189 Judicial Selection.... |
2020 |
| Richard Delgado , Jean Stefancic |
Borders by Consent: a Proposal for Reducing Two Kinds of Violence in Immigration Practice |
52 Arizona State Law Journal 337 (Summer, 2020) |
We describe a new consensual theory of borders and immigration that reverses Peter Schuck's and Rogers Smith's notion of citizenship by consent and posits that borders are legitimate--and make sense--only if they are products of consent on the part of both countries on opposite sides of them. Our approach, in turn, leads to differential borders... |
2020 |
| Stewart Chang |
Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair |
42 University of Hawaii Law Review Rev. 4 (Spring, 2020) |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various... |
2020 |
| Ernesto Sagás , Ediberto Román |
Build the Wall and Wreck the System: Immigration Policy in the Trump Administration |
26 Texas Hispanic Journal of Law and Policy 21 (Spring, 2020) |
When Donald J. Trump launched his presidential bid in 2015, he promised: I will build a great, great wall on our southern border. And I will have Mexico pay for that wall. Mark my words. He often repeated this promise at campaign rallies, sparking chants of Build the wall! Build the wall! from an ecstatic crowd. However, as of early 2020,... |
2020 |
| Priscilla Mendoza |
Calentando Las Hieleras ("Warming up the Ice Boxes"): Holding For-profit, Private Detention Centers Accountable for Immigrant Detainees' Due Process Rights |
44 Thurgood Marshall Law Review 163 (Spring, 2020) |
When most people hear hieleras or iceboxes, they are probably thinking of getting ready to take out the beers, sodas, and waters to a family cookout, camping trip or any other outdoor activity. However, that is not the case when you're speaking to immigrants, immigration lawyers, and immigration activists. The latter has a much crueler meaning... |
2020 |
| Daniel G. Orenstein , Stanton A. Glantz |
Cannabis Legalization in State Legislatures: Public Health Opportunity and Risk |
103 Marquette Law Review 1313 (Summer, 2020) |
Cannabis is widely used in the United States and internationally despite its illicit status, but that illicit status is changing. In the United States, thirty-three states and the District of Columbia have legalized medical cannabis, and eleven states and D.C. have legalized adult use cannabis. A majority of state medical cannabis laws and all but... |
2020 |
| Karen Korematsu |
Carrying on Korematsu: Reflections on My Father's Legacy |
9 California Law Review Online 95 (January, 2020) |
Five months before he passed away, my father, Fred Toyosaburo Korematsu, gave me a charge: continue his mission to educate the public and remind people of the dangers of history. At that time, I was running my commercial interior design firm. I was far from a public speaker, educator, and civil rights advocate. However, for the previous four years... |
2020 |
| Sheldon A. Evans |
Categorical Nonuniformity |
120 Columbia Law Review 1771 (November, 2020) |
The categorical approach, which is a method federal courts use to categorize which state law criminal convictions can trigger federal sanctions, is one of the most impactful yet misunderstood legal doctrines in criminal and immigration law. For thousands of criminal offenders, the categorical approach determines whether a previous state law... |
2020 |
| Nancy E. Dowd |
Children's Equality Rights: Every Child's Right to Develop to Their Full Capacity |
41 Cardozo Law Review 1367 (April, 2020) |
Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state,... |
2020 |
| Shanzeh Daudi |
Choosing Between Healthcare and a Green Card: the Cost of Public Charge |
70 Emory Law Journal 201 (2020) |
Public charge policy has been part of the nation's infrastructure since its colonial beginnings. The policy originated as a barrier to protect taxpayers from individuals who posed a risk of becoming a charge on society, relying on public aid and governmental support. Congress last addressed the public charge statute in 1952 in the Immigration and... |
2020 |
| Mirian G. Martinez-Aranda |
Collective Liminality: the Spillover Effects of Indeterminate Detention on Immigrant Families |
54 Law and Society Review 755 (December, 2020) |
This article introduces the concept of collective liminality, a shared condition of heightened threat and uncertainty experienced by immigrant detainees and their families, as they wait, caught between two possible outcomes: their loved one's (temporary or permanent) release into the US or deportation. Drawing on 2 years of ethnographic data... |
2020 |
| Jasmine B. Gonzales Rose |
Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection |
44 New York University Review of Law and Social Change 309 (2020) |
Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too... |
2020 |
| Savannah Kumar |
Compelling Labor and Chilling Dissent: Creative Resistance to Coercive Uses of Solitary Confinement in Prisons and Immigration Detention Centers |
36 Harvard Blackletter Law Journal 93 (Spring, 2020) |
Solitary confinement has been used for centuries as a mechanism for controlling incarcerated people. Increasingly, however, prisons and immigration detention centers are strategically administering solitary confinement specifically to compel incarcerated people to perform labor. The largely uncompensated labor of incarcerated people results in... |
2020 |
| Camille Gear Rich |
Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child |
104 Minnesota Law Review 2375 (May, 2020) |
Introduction. 2377 I. Packaging Race in the ART Market. 2391 A. Packaging Gametes. 2392 B. Packaging Race. 2397 C. Packaging and Its Effect on Consumer Perceptions. 2405 1. The Re-Biologization of Race. 2406 2. Re-Instantiating Racial Categories. 2407 3. Racial Purity Rules. 2409 4. The Toxic Search for Whiteness. 2410 5. Anti-Miscegenation Ethos.... |
2020 |
| Stephen M. Feldman |
Court-packing Time? Supreme Court Legitimacy and Positivity Theory |
68 Buffalo Law Review 1519 (December, 2020) |
Many progressives have decided they need to change the Supreme Court to break the conservative justices' lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing--adding justices to shift the partisan balance on the Court--to other possible... |
2020 |
| Marisol Orihuela |
Crim-imm Lawyering |
34 Georgetown Immigration Law Journal 613 (Spring, 2020) |
C1-2Table of Contents Introduction. 614 I. The Rise of Crim-Imm. 616 II. Lawyering Theory in Criminal and Immigration Law. 619 A. Why Lawyering Models Matter. 620 1. Early Social Change Lawyering Scholarship. 621 2. Intentionality and Self-Reflection. 622 B. Lawyering Theory in Immigration Law. 623 1. Community Lawyering. 624 2. Movement Lawyering.... |
2020 |
| Veronika Bajt |
CrImmigration and Nationalist Paranoia |
81 IUS Gentium 171 (2020) |
Abstract In recent years, European borders have become subject to augmented securitisation, surveillance and militarisation, while EU migration policies are increasingly based on exclusion and denial of migrants' rights. Migration across the globe, both in public policy debates and in everyday life of ordinary people, has increasingly become... |
2020 |
| Shoba Sivaprasad Wadhia |
Darkside Discretion in Immigration Cases |
72 Administrative Law Review 367 (Summer, 2020) |
Darkside Discretion refers to a situation where the noncitizen satisfies the statutory criteria set by Congress to be eligible for remedy, but in the end, the adjudicator invokes discretion as the reason the noncitizen loses, resulting in tangible harms. Imagine a woman who arrived in the United States six months ago who meets her burden of... |
2020 |
| Rick Su |
Democracy in Rural America |
98 North Carolina Law Review 837 (May, 2020) |
The conventional wisdom is that rural America has an outsized influence on American politics. Yet, rural residents increasingly feel disempowered, devalued, and divorced from the policy decisions that affect their everyday lives. This Article argues that this widespread political disaffection cannot be entirely explained by rural decline. Such... |
2020 |
| Lauren M. Ouziel |
Democracy, Bureaucracy, and Criminal Justice Reform |
61 Boston College Law Review 523 (February, 2020) |
Introduction. 525 I. The Criminal Justice Reform Literature and Its Limits. 534 A. Democracy-Focused Scholarship. 534 B. Bureaucracy-Focused Scholarship. 537 II. Democracy and Bureaucracy in Criminal Justice. 540 A. The Public. 541 1. Interests and Outcomes. 543 2. Communities and Responsiveness. 545 3. Implications. 552 B. The Bureaucracy. 553 1.... |
2020 |
| Meg E. Ziegler |
Disabling Language: Why Legal Terminology Should Comport with a Social Model of Disability |
61 Boston College Law Review 1183 (March, 2020) |
Abstract: The disability terminology used in the law has evolved significantly over time. This evolution has mirrored various models for treating and perceiving disability in society, from the moral model of disability as a sin to the medical model of disability as a defect to be cured. After witnessing the success of the Civil Rights Movement,... |
2020 |
| Federalist Society Panel |
Discrimination Against Minorities |
45 University of Dayton Law Review 445 (Summer, 2020) |
The following is a transcript of a 2018 Federalist Society panel entitled Discrimination Against Minorities. The panel originally occurred on November 16, 2018, during the National Lawyers Convention in Washington, D.C. The panelists were: Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law; Dr. Althea Nagai,... |
2020 |
| Ann M. Eisenberg |
Distributive Justice and Rural America |
61 Boston College Law Review 189 (January, 2020) |
Introduction. 191 I. Understanding Today's Rural Landscape. 201 A. Differentiating the Four Rural Americas. 202 B. Background on Chronic Rural Poverty. 204 C. Background on Rural Economic Transformation. 206 D. Rural as an Intersectional Concept. 213 II. Distributive Justice and the Rural Condition. 214 A. Theories of Distributive Justice. 215 B.... |
2020 |
| Asad Rahim |
Diversity to Deradicalize |
108 California Law Review 1423 (October, 2020) |
For four decades, diversity has functioned as the dominant rationale for affirmative action. During this time, scholars have debated whether diversity should have this hegemonic hold on the policy. Central to the debate is Justice Lewis Powell's opinion in Bakke, an opinion that no other justice joined. What motivated him to turn to the diversity... |
2020 |
| Caitlin Cavanagh, Erica Dalzell , Elizabeth Cauffman , Michigan State University, University of California, Irvine |
Documentation Status, Neighborhood Disorder, and Attitudes Toward Police and Courts among Latina Immigrants |
26 Psychology, Public Policy, and Law 121 (February, 2020) |
Individuals who live in disordered neighborhoods tend to view the justice system more negatively. However, some families with an undocumented member may feel compelled to remain undetected or may lack the means for suitable housing, and thus may have little choice but to live in disordered neighborhoods. The present study answers the question, does... |
2020 |
| Susan V. Koski, LP.D. , Kathleen Bantley, Esq. |
Dog Whistle Politics: the Trump Administration's Influence on Hate Crimes |
44 Seton Hall Legislative Journal 39 (2020) |
I. INTRODUCTION. 39 II. SYSTEMIC PREJUDICE & HATEISMS. 41 A. African Americans and Racism. 41 B. Women and Misogynism. 43 C. LGBTQ+ and Heterosexism. 46 D. Immigrants and Nativism. 48 E. Religion, Anti-Semitism & Anti-Islamism. 50 III. HATE CRIME LEGISLATION & STATISTICS. 52 IV. THE OBAMA ADMINISTRATION. 55 V. DOG WHISTLE POLITICS: THE TRUMP... |
2020 |
| Xinge He, Emma Johnson, Lauren Katz, Blake Pescatore, Alexandra Rogers, Eva Schlitz |
Domestic Violence |
21 Georgetown Journal of Gender and the Law 253 (2020) |
I. Introduction. 253 II. Current Organization of Domestic Violence Law. 255 A. Federal Laws Relating to Domestic Violence. 256 1. The Violence Against Women Act. 256 a. Immigrant Women. 260 b. LGBT Individuals. 262 c. Native Americans. 263 d. Ongoing Criticisms. 265 2. The Lautenberg Amendment. 266 3. Title IX. 269 B. State Law Relating to Domestic... |
2020 |
| Teri Dobbins Baxter |
Dying for Equal Protection |
71 Hastings Law Journal 535 (April, 2020) |
When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor... |
2020 |
| Erin M. Carr |
Educational Equality and the Dream That Never Was: the Confluence of Race-based Institutional Harm and Adverse Childhood Experiences (Aces) in Post-brown America |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 115 (Fall, 2020) |
C1-3Table of Contents I. Introduction. 115 II. Trauma, Institutional Racism, and Cognitive Development: The Trifecta of Childhood Harm. 116 III. Educational Equality: The Dream That Never Was. 123 IV. The School-to-Prison Pipeline as the Manifestation and Perpetuation of Race-Base Adverse Childhood Experiences (ACEs). 126 V. Recommendations for a... |
2020 |
| Cecillia D. Wang |
Ending Bogus Immigration Emergencies |
129 Yale Law Journal Forum 620 (2/15/2020) |
abstract. In 1944, Justice Jackson dissented in Korematsu, warning that the majority's decision would lie[] about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Seventy-five years later, President Donald Trump has picked up that doctrinal weapon. This Essay sets out three... |
2020 |
| Aziz Z. Huq |
Equality's Understudies |
118 Michigan Law Review 1027 (April, 2020) |
Practical Equality: Forging Justice in a Divided Nation. By Robert L. Tsai. New York: W.W. Norton & Company, Inc. 2019. Pp. 276. $27.95. Our Republic these days is riven by divides about what equality demands of us as private and public actors. Consider just a few recent examples: Harvard University is challenged in federal court for preferring... |
2020 |
| Antonios Kouroutakis |
Eu Action Plan Against Disinformation: Public Authorities, Platforms and the People |
53 International Lawyer 277 (2020) |
Democracy is a technology of governance. The spread of democracy--the so called democratization--took place progressively and in waves. According to Huntington, the first wave started in 1820, the second with the end of World War II, and the third wave in 1974. Remarkably, before the end of World War II, democracy was close to extinction as only... |
2020 |
| Kait Madsen |
Execution on the Ballot: Lessons for Judicial Review of Ballot Measures from the Death Penalty Referendum in Nebraska |
99 Nebraska Law Review 254 (2020) |
C1-2TABLE OF CONTENTS I. Introduction. 255 II. Background. 257 A. Current Climate: Increased Voter-Led Ballot Measures. 257 1. Recent Trend Toward Policy Creation Through Voter-Led Ballot Measures. 257 2. Reasons for the Trend: Americans' Heightened Distrust of Government and the Political Process. 258 3. Voter-Led Ballot Measures Are Often... |
2020 |
| Tom C.W. Lin |
Executive Private Misconduct |
88 George Washington Law Review 327 (March, 2020) |
Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private misconduct--when made... |
2020 |
| Cristina A. Quiñónez |
Exposing the American History of Applying Racial Anxieties to Regulate and Devalue Latinx Immigrant Reproductive Rights |
54 University of San Francisco Law Review 557 (2020) |
NATIONALISTS ACT ON RACIAL ANXIETIES to oppress the reproductive rights of Latinx immigrants. The term racial anxieties refers to increased stress levels and emotions that occur when individuals interact with people of other races. Racial anxieties can affect the daily lives of individuals of all races--while some people may be subjected to... |
2020 |
| Fatma E. Marouf |
Extraterritorial Rights in Border Enforcement |
77 Washington and Lee Law Review 751 (Spring, 2020) |
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United... |
2020 |
| Khaled A. Beydoun |
Faith in Whiteness: Free Exercise of Religion as Racial Expression |
105 Iowa Law Review 1475 (May, 2020) |
ABSTRACT: Faith in whiteness is the affirmation that religion remains forceful in shaping race and racial division. It is also the observation, born from formative contestations of racial exclusion and today's rising white populism, that central to the American experience is the conditioned belief that whiteness stands at the pinnacle of social... |
2020 |
| Sahar F. Aziz , Khaled A. Beydoun |
Fear of a Black and Brown Internet: Policing Online Activism |
100 Boston University Law Review 1151 (May, 2020) |
Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to... |
2020 |
| Victoria Heather Barbino |
Finding Refuge: Blockchain Technology as the Solution to the Syrian Refugee Identification Crisis |
48 Georgia Journal of International and Comparative Law 523 (Winter, 2020) |
C1-3Table of Contents I. Identifications and Their Relationship to Rights. 528 II. Immigrant Covering and Understanding Immigrant Rights. 531 B5 A. Conversion. 532 B5 B. Passing. 533 B5 i. Sanctuary Cities. 534 B5 C. Covering. 535 B5 i. Municipal Identifications. 536 III. Syrian Refugees and Documentation. 538 IV. Blockchain Technology. 540 V.... |
2020 |
| Anne Weis |
Fleeing for Their Lives: Domestic Violence Asylum and Matter of A-b- |
108 California Law Review 1319 (August, 2020) |
Introduction. 1319 I. The Gendered Nature of Domestic Violence. 1322 II. Violence Against Women in the Northern Triangle. 1325 III. Domestic Violence as a Basis for Asylum in the United States. 1330 A. Asylum Law in the United States. 1330 B. The Development of Domestic Violence Asylum Claims Before Matter of A-R-C-G-. 1332 C. Official Recognition... |
2020 |
| Emily Lamm |
Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race |
26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) |
Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B.... |
2020 |
| |
Focus on the Proposed Washington Privacy Act |
25 Cyberspace Lawyer NL 5 (4/1/2020) |
Senate Bill 6281, the Washington Privacy Act (the Act) passed the Washington State Senate on February 14, 2020. A House committee approved an amended version of the Senate bill on March 2, 2020, which now moves to the House floor. This post provides a deep-dive on what the two versions of the bill would do, if finally enacted. Without... |
2020 |