| Author | Title | Citation | Summary | Year |
| Andy Z. Lei |
FROM RAILROADS TO REAL ESTATE: THE LEGACY OF EXCLUSION REVIVED IN NEW ALIEN LAND LAWS |
26 Asian-Pacific Law and Policy Journal 102 (Fall, 2024) |
I. Introduction. 103 II. Roots of Restriction. 106 A. The Chinese Exclusion Acts. 107 B. Alien Land Laws. 112 C. National Security Through the Echoes of Korematsu v. United States. 117 III. From Past to Present: Analyzing Modern Legislation. 122 A. New Alien Land Laws. 123 B. Shen v. Simpson. 128 IV. Judicial Scrutiny in Evaluating National... |
2024 |
| Charles W. Tyler |
GENEALOGY IN CONSTITUTIONAL LAW |
77 Vanderbilt Law Review 1713 (November, 2024) |
Genealogy is a form of argument that seeks to discredit social phenomena by exposing their pernicious ancestry. In recent years, the U.S. Supreme Court has used genealogy to undermine key provisions of written law, doctrinal rules, longstanding practices, and private conduct in cases involving a wide range of constitutional issues. After... |
2024 |
| Jomana Qaddour |
GOVERNING DIVERSE SOCIETIES AND THE LIMITS OF CONSTITUTIONALISM IN SYRIA |
42 Boston University International Law Journal 297 (Summer, 2024) |
This Article attempts to show how episodes of constitutional bargaining reinforced, consolidated, and institutionalized the patterns of ethnic or sectarian political exclusion and marginalization that warped the meaning and practice of citizenship, and contributed to conditions that eventually sparked the Syrian uprising of 2011. Beginning in the... |
2024 |
| Laura Briggs |
HAALAND v. BRACKEEN AND MANCARI: ON HISTORY, TAKING CHILDREN, AND THE RIGHT-WING ASSAULT ON INDIGENOUS SOVEREIGNTY |
56 Connecticut Law Review 1121 (May, 2024) |
In June 2023, the Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 in Haaland v. Brackeen. making it harder for (some) Indigenous families and communities to lose their children. The decision left one key question unanswered, however: whether protections specifically for American Indian households served as... |
2024 |
| Christian Gonzalez Chacon |
HUMAN RIGHTS WITHOUT BORDERS |
22 Northwestern Journal of Human Rights 101 (Winter, 2024) |
Today the universalism of human rights is put to the test by the pressure on our borders from hordes of hungry peoples, in such a way that being a person is no longer a sufficient condition to possess these rights. These have become citizenship rights . citizenship has ceased to be the foundation of equality . it functions as a privilege and a... |
2024 |
| April Guevara Espinoza |
HUMANIZING THE MEXICAN MIGRANT |
20 Northwestern Journal of Law & Social Policy 1 (Fall, 2024) |
Given the past election season and craze about the immigration crisis, it is of paramount importance to reflect on how and why migrants, particularly Mexican migrants, are positioned as less than in our society. Immigration is more than a political platform issue; it concerns real people whose real lives are affected. Mexican migrants are used... |
2024 |
| Jayesh Rathod , Anne Schaufele |
IMMIGRAFT |
2024 Wisconsin Law Review 465 (2024) |
Pursuing the American dream is a costly endeavor. From the initial journey to the United States, to navigating the complicated immigration system, to labor exploitation, to scams targeting recent arrivals, immigrants pay heavily into the formal and informal sectors. As explored in this Essay, however, their pay-out does not stop there: the U.S.... |
2024 |
| Sabrina Balgamwalla |
IMMIGRANT YOUTH EXCEPTIONALISM |
19 Harvard Law & Policy Review 155 (Summer, 2024) |
U.S. policies that address youth migration are deeply ambivalent. In some cases, children are seen as vulnerable, dependent, and in need of humanitarian relief; in other cases, they are seen as an immigration enforcement threat or a source of exploitable labor. This Article examines two high-profile programs for immigrant youth--Special Immigrant... |
2024 |
| Sarah Sherman-Stokes |
IMMIGRATION DETENTION ABOLITION AND THE VIOLENCE OF DIGITAL CAGES |
95 University of Colorado Law Review 219 (Winter, 2024) |
The United States has a long history of pernicious immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (ICE) shackles and surveils an astounding 376,000 people under its Alternatives to Detention (ATD) program. The number of people subjected... |
2024 |
| Jonathan Barthe |
IMMIGRATION LAW--NINTH CIRCUIT ERRONEOUSLY OBJECTS TO MINORITY POPULATIONS SEEKING POLITICAL ASYLUM--RODRIGUEZ-ZUNIGA v. GARLAND, 69 F.4TH 1012 (9TH CIR. 2023) |
47 Suffolk Transnational Law Review 440 (2024) |
The Board of Immigration Appeals (BIA) currently acts as one of the apex administrative bodies in the United States that preside over issues of immigration law. Only the Federal Courts of Appeals, however, may supersede the BIA's jurisdiction following the denial of a refugee's petition for asylum and emergency stay requests. In Rodriguez-Zuniga v.... |
2024 |
| Melissa E. Crow |
IMPACT LITIGATION RECONSIDERED: NAVIGATING THE CHALLENGES OF MOVEMENT LAWYERING AT THE BORDER AND BEYOND |
31 Clinical Law Review 107 (Fall, 2024) |
While acknowledging the potential tension between impact litigation and movement lawyering, this Article examines their synergies. Through the lens of a class action lawsuit on behalf of migrants unlawfully deprived of access to the U.S. asylum process, the Article explores how impact litigation, if thoughtfully conducted, can help mobilize... |
2024 |
| Kimberly Jenkins Robinson |
IN MEMORIAM: PROFESSOR CHARLES J. OGLETREE, JR. |
137 Harvard Law Review 2124 (June, 2024) |
Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but also as a devoted professor, mentor and friend. I write to celebrate another aspect of this legal luminary: his life as a scholar. Through his scholarship, Charles illuminated the varied manifestations... |
2024 |
| Cory R. Liu , Anthony Pericolo |
INDIVIDUAL DIGNITY AS THE FOUNDATION OF AN INCLUSIVE SOCIETY |
77 SMU Law Review 219 (Winter, 2024) |
In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court considered voluminous evidence that Harvard discriminated against Asian Americans to keep the racial composition of its student body similar year after year. The Court held that Harvard engaged in unlawful discrimination, providing clarity to an area... |
2024 |
| Tamar Ezer, Elizabeth Brundige, Aya Fujimura-Fanselow, Ryan Thoreson |
INTEGRATING HUMAN RIGHTS IN DOMESTIC CLINICAL PRACTICE |
30 Clinical Law Review 345 (Spring, 2024) |
Given that the human rights framework contains a rich and evolving body of norms and standards, integrating human rights law into clinical teaching provides new avenues to approach problem-solving. A human rights framework offers additional sources to ground moral and legal claims, as well as new strategies and advocacy targets. These alternatives... |
2024 |
| Shayak Sarkar |
INTERNAL REVENUE'S EXTERNAL BORDERS |
112 California Law Review 1645 (October, 2024) |
The mandate of tax agencies seems clear: to secure revenue for the government and ensure taxpayer compliance. Yet for decades, the Internal Revenue Service (IRS) has regularly facilitated violent immigration enforcement. Scholars and the public have paid significant attention to the state and local policing of immigration law. But the role of tax... |
2024 |
| Stutee Nag |
INTERNATIONAL CHILD CUSTODY DISPUTES BETWEEN INDIA AND THE UNITED STATES: NO HAGUE, SO VAGUE! |
36 Journal of the American Academy of Matrimonial Lawyers 445 (2024) |
The business of the law is to make sense of the confusion of what we call human life - to reduce it to order but at the same time to give it possibility, scope, even dignity. If international parental child abduction is any parent's worst nightmare, then having it happen to (or from) a non-Hague country may be a close second. Child custody laws... |
2024 |
| Klaudia K. Cambridge |
INTERPRETING "MEMBERSHIP IN A PARTICULAR SOCIAL GROUP" IN LIGHT OF INTERNATIONAL STANDARDS |
50 Ohio Northern University Law Review 339 (2024) |
As one of the five grounds for asylum, the definition of membership in a particular social group has a great importance to refugees who flee their home country because of persecution but cannot fit into the other four enumerated grounds for asylum. In 2021, President Biden issued an executive order (Executive Order) calling for a comprehensive... |
2024 |
| Jens T. Theilen |
INTERSECTIONALITY'S TRAVELS TO INTERNATIONAL HUMAN RIGHTS LAW |
45 Michigan Journal of International Law 233 (2024) |
Over the last two decades, references to intersectionality have become increasingly common in international human rights law. Many human rights bodies now make use of intersectionality in some form, and scholars propose more widespread and in-depth intersectional analysis as a way to better capture how human rights are realized or violated. Against... |
2024 |
| Bethany R. Berger |
INTERTRIBAL: THE UNHERALDED ELEMENT IN INDIGENOUS WILDLIFE SOVEREIGNTY |
48 Harvard Environmental Law Review 1 (2024) |
Intertribal organizations are a powerful and unheralded element behind recent gains in Indigenous wildlife sovereignty. Key to winning and implementing judicial and political victories, they have also helped tribal nations become powerful voices in wildlife and habitat conservation. Through case studies of these organizations and their impact, this... |
2024 |
| Daniel I. Morales , Orly Golub |
INTRODUCTION |
61 Houston Law Review 709 (Symposium 2024) |
The United States may be the world's oldest democracy, but the franchise, along with citizenship, has long been restricted along lines of race, ethnicity, and sex. Since the arrival of European settlers to North America at scale in the sixteenth century, our democratic institutions, from town hall meetings to colonial, state, and federal... |
2024 |
| Lukas Schmid |
IS LEGITIMATE EXCLUSION INCOMPATIBLE WITH THE SOVEREIGN RIGHT TO EXCLUDE? |
118 AJIL Unbound 219 (2024) |
Scholars of international law have been increasingly troubled by states' vast powers and practices of migrant exclusion. There is no doubt that much of this uneasiness is catalyzed by a keen sense of the demands of a basic liberalism at the international legal order's core. Indeed, the increased construction of border walls, the continuously... |
2024 |
| Cynthia Godsoe |
KINSHIP CARE AND ADOPTION MYOPIA |
76 Rutgers University Law Review 689 (Spring, 2024) |
C1-2Table of Contents Introduction. 690 I. Adoption Myopia. 698 A. History of White Saviorism & Aiming to Recreate the Normative Mainstream Nuclear Family. 699 B. Narrow View of Permanency Equated with Adoption. 704 C. Federal Funding Prioritizing Adoption. 709 II. Ill-Fit & Harm to Kinship Families. 711 A. Adoption's Poor Fit. 712 1. Problematic... |
2024 |
| Alida Pitcher-Murray |
LANDBACK AND THE CASE FOR LAND RESTITUTION: HOW THE SOUTH AFRICAN LAND CLAIMS COURT AND RESTITUTION PROGRAMME CAN INFORM THE RETURN OF INDIGENOUS LAND IN THE UNITED STATES |
28 U.C. Davis Social Justice Law Review 1 (Winter, 2024) |
C1-2Table of Contents Abstract. 3 I. Part I: Introduction. 4 II. Part II: Settler Colonialism, the Indian Court of Claims, and the Land Claims Commission. 8 A. Treaties, Treaties, Theft, and Federal Policy as the Foundations for Native Land Loss. 8 1. Treaty Violations. 9 2. Federal Indian Policy. 11 3. The Demand for the Return of He Sapa. 14 B.... |
2024 |
| Carlton Waterhouse |
LEAD: THE LATEST FEDERAL ACTIONS AND BEST PRACTICES |
21 Indiana Health Law Review 355 (2024) |
Lead has an old and even ancient legacy of harm to humans. Despite this history, lead was widely used in the development of consumer goods used for and around children in the United States during the industrial era. The decision to use it in two widely distributed commercial products created a public health nightmare. Leaded gasoline and leaded... |
2024 |
| Emmanuel Mauleón |
LEGAL ENDEARMENT: AN UNMARKED BARRIER TO TRANSFORMING POLICING, PUBLIC SAFETY, AND SECURITY |
112 California Law Review 755 (June, 2024) |
The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and... |
2024 |
| Abel Rodríguez |
LETHAL IMMIGRATION ENFORCEMENT |
109 Cornell Law Review 465 (January, 2024) |
Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clintonera policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths... |
2024 |
| Lizzie Bird |
LEXISNEXIS'S CONTRACT WITH ICE AS UNJUST ENRICHMENT |
95 University of Colorado Law Review 1209 (2024) |
For $22.1 million, LexisNexis is currently helping Immigration and Customs Enforcement (ICE) surveil, detain, and deport noncitizens. Like other data brokers, LexisNexis's role in the collection and sale of personal information has largely been ignored by regulators, judges, and the public. A recent lawsuit against LexisNexis in Illinois includes,... |
2024 |
| Sonia Geba |
LIMINAL LEGALITY ACROSS BORDERS: EXAMINING THE MIGRANT'S RIGHT TO ""HUMAN TIME" ON THE SHIFTING U.S.-MEXICO AND TURKIYE-SYRIA BORDERS |
38 Georgetown Immigration Law Journal 327 (Spring, 2024) |
Throughout the modern world, refugee-receiving countries are increasingly externalizing their border procedures and restricting access to asylum to deter long-term migration. Although many of these same countries have obligations under international refugee law to recognize asylum seekers' claims and uphold human rights for those within their... |
2024 |
| John Nidiry, Ruth Friedman |
LONG OVERDUE: THE NEED FOR AN EXAMINATION OF THE SPECTER OF RACIAL BIAS IN THE FEDERAL DEATH PENALTY SYSTEM |
67 Howard Law Journal 225 (Spring, 2024) |
The specter of racial bias in the federal government's administration of the death penalty over the past thirty-five years has been long apparent yet insufficiently scrutinized. Scholars have studied the racially disparate application of capital punishment at the state level and linked those disparities to a history of racialized violence. The... |
2024 |
| Melissa Murray |
MAKING HISTORY |
133 Yale Law Journal Forum 990 (4/11/2024) |
What is history but a fable agreed upon? --Napoleon Bonaparte. October Term 2021 was a momentous one for the United States Supreme Court. In a series of decisions, the Court overturned two long-standing precedents guaranteeing the right to abortion, expanded the scope of the Second Amendment, and appeared to consign the Establishment Clause to the... |
2024 |
| Dalia Tsuk |
MEDIATING PLURALISM: FELIX FRANKFURTER'S COMMITMENT TO MAJORITARIAN DEMOCRACY |
39 Touro Law Review 871 (2024) |
One who belongs to the most vilified and persecuted minority in history is not likely to be insensible to the freedoms guaranteed by our Constitution . [A]s judges, we are neither Jew nor Gentile, neither Catholic nor agnostic. We owe equal attachment to the Constitution and are equally bound by our judicial obligations whether we derive our... |
2024 |
| Prashasti Bhatnagar |
MEDICAL-LEGAL PARTNERSHIPS AND LEGAL REGIMES: A HEALTH JUSTICE PERSPECTIVE |
52 Journal of Law, Medicine & Ethics 512 (Summer, 2024) |
Keywords: Medical-Legal Partnerships, Movement Lawyering, Agricultural Workers, Health Justice, Structural Racism Abstract: Medical-legal partnerships (MLPs) attempt to integrate the social determinants of health into health care delivery to eliminate health inequities. Yet, MLPs have not fully adapted to identify and address structural racism, one... |
2024 |
| Mia Yamamoto, Shelby Chestnut |
MIA YAMAMOTO AND SHELBY CHESTNUT IN CONVERSATION |
59 Harvard Civil Rights-Civil Liberties Law Review 17 (Winter, 2024) |
The Harvard Civil Rights and Civil Liberties (CR-CL) Law Review's readership includes academics, attorneys, activists, teachers, and students fighting for progressive causes, including many members of this journal. It has always been the CR-CL Law Review's mission to push our audience to think critically about their work. To that end, we hope to... |
2024 |
| Kevin R. Johnson |
MICHAEL OLIVAS'S FIGHT FOR CIVIL RIGHTS FOR ALL |
61 Houston Law Review 933 (Spring, 2024) |
Professor Michael Olivas sought to bring much-needed attention to Hernandez v. Texas (1954), a U.S. Supreme Court decision that for the first time in U.S. history held that the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution protects Mexican Americans from discrimination. My contribution to this tribute celebrating... |
2024 |
| Meredith Bensen |
MIGRATION AND SURVIVAL: THE BIRDS DO IT, THE BEES DO IT, WHY CAN'T WE DO IT? |
45 Mitchell Hamline Law Journal of Public Policy and Practice 34 (Spring, 2024) |
I. Introduction. 35 II. Our Actions Have Consequences: Raising Temps and Water Levels. 37 III. Countries Most Impacted by Climate Change. 48 IV. International Recognition of Refugees: Key Terms When Navigating Moving Populations. 50 V. U.S. Immigration: History and Current Options. 54 A. Immigration History. 54 B. Current Options for Refugees'. 59... |
2024 |
| Caroline Baltay |
MINORITY INDIGENOUS LANGUAGE RIGHTS LAWS: A COMPARATIVE STUDY |
38 Emory International Law Review 485 (2024) |
C1-2Table of Contents Introduction. 486 I. Linguistic Classifications. 487 A. Minority and Majority Languages. 487 B. Indigenous and Immigrant Languages. 488 C. Official Language Status. 490 II. Rationale for Language Rights and Protection. 491 A. Access to Other Human Rights. 492 B. Culture. 493 C. Education. 494 III. Levels of Linguistic Rights.... |
2024 |
| Jayanth K. Krishnan |
MISERY, MELANCHOLY, AND MISFORTUNE: A MIGRANT CASE STUDY |
41 Wisconsin International Law Journal 367 (Spring, 2024) |
There is an ongoing crisis of despair involving migrants from abroad who are seeking refuge in one of the world's longest-standing, post-World War II democracies--India. There are roughly 4.9 million noncitizen migrants in India, with most coming from Bangladesh, Myanmar, Nepal, Pakistan, and Sri Lanka. Because these migrants often live in the... |
2024 |
| Catherine Keck |
MIXED MOTIVES AND MIXED RESULTS: CONTEMPORARY ISSUES WITH THE NEXUS REQUIREMENT IN ASYLUM LAW |
34 George Mason University Civil Rights Law Journal 129 (Spring, 2024) |
There are currently over 108 million people forcibly displaced globally because of conflict, authoritarian regimes, and environmental safety concerns. Yet of those 108 million, only 453,600 refugees were successfully resettled or able to return to their home in the first six months of 2022. Asylum and immigration issues remain contentious debates... |
2024 |
| Harvey Gee |
MOVING FORWARD TOGETHER: ASIAN AMERICANS AND ALLYSHIP IN A NON-BLACK-AND-WHITE AMERICA |
58 University of San Francisco Law Review 172 (2024) |
Last term, the U.S. Supreme Court overturned four decades of precedent when it effectively ended the use of affirmative action in the historical decision Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA v. Harvard). A 6-3 conservative supermajority held that the admissions programs used by Harvard College and the... |
2024 |
| Josh A. Roth |
NO ESCAPE: HOW THE LIBRARY OF CONGRESS WEAPONIZED INTERNAL RELOCATION AGAINST PERSECUTED SIKHS AND HOW TO FIGHT BACK |
31 Asian American Law Journal 83 (2024) |
Introduction. 83 I. Legal Framework. 85 A. Establishing Eligibility for Asylum. 85 B. Internal Relocation as a Bar to Asylum. 88 II. The Library of Congress Report. 89 A. Context and Background. 89 B. Motivation and Main Arguments. 91 III. Singh v. Garland. 92 IV. Flawed Reliance on Poorly Supported and Outdated Data. 95 A. The Library of Congress... |
2024 |
| Jeremy Rabkin |
NOT AN APARTHEID STATE, A DEFAMED STATE |
47 Fordham International Law Journal 617 (September, 2024) |
I. INTRODUCTION. 617 II. A CRIME WITH ONLY ONE LOCUS. 619 III. SECURITY MEASURES MUST BE JUDGED IN CONTEXT. 623 IV. NOT ALL SEPARATION IS APARTHEID. 628 V. ISRAELI NATIONALITY IS NOT A RACE. 632 VI. CONCLUSION. 634 |
2024 |
| Amanda Frost |
PARADOXICAL CITIZENSHIP |
65 William and Mary Law Review 1177 (April, 2024) |
C1-2Table of Contents Introduction. 1178 I. The Birth of Birthright Citizenship. 1181 A. The Civil Rights Act of 1866. 1182 B. The Fourteenth Amendment's Citizenship Clause. 1185 II. The Paradox of Universal Birthright Citizenship and Racially Exclusive Naturalization. 1187 A. Political Battles. 1188 B. Legal Battles. 1189 C. Immigration Battles.... |
2024 |
| Jessica Rofé |
PERIPHERAL DETENTION, TRANSFER, AND ACCESS TO THE COURTS |
122 Michigan Law Review 867 (March, 2024) |
In the last forty years, immigration detention in the U.S. has grown exponentially, largely concentrated in the southern states and outside of the country's metropoles. In turn, federal immigration officials routinely transfer immigrants from their communities to remote jails and prisons hundreds, if not thousands, of miles away, often in... |
2024 |
| Charles D. Curran |
PERSONAL DATA & VACCINATION HESITANCY: COVID-19'S LESSONS FOR PUBLIC HEALTH FEDERALISM |
73 Catholic University Law Review 1 (Spring, 2024) |
During the COVID-19 vaccination campaign, the federal government adopted a more centralized approach to the collection of public health data. Although the states previously had controlled the storage of vaccination information, the federal government's Operation Warp Speed plan required the reporting of recipients' personal information on the... |
2024 |
| Michel Rosenfeld |
PLURALIST JUSTICE AND LIBERAL CONSTITUTIONALISM: A REPLY TO CRITICS |
45 Cardozo Law Review 1861 (August, 2024) |
C1-2Table of Contents Introduction. 1862 I. The Constituent Power and Political Versus Constitutional Theology. 1866 II. Competing Conceptions of the Justice Minima Confront the Justice Essentials. 1871 III. Disentangling Comprehensive Pluralism from Rawls's Political Liberalism. 1874 IV. Comprehensive Pluralism Confronts Challenges from the Global... |
2024 |
| Bertrall L. Ross II, University of Virginia School of Law, Charlottesville, Virginia, USA; email: bross@law.virginia.edu |
POLARIZATION, POPULISM, AND THE CRISIS OF AMERICAN DEMOCRACY |
20 Annual Review of Law and Social Science 293 (2024) |
democracy, populism, polarization, inequality American democracy is in crisis. The emergence of affective polarization and populism has contributed to a divided America in which both sides perceive every election as an existential threat to their ways of life, values, and democracy itself. Central features of liberal democracy, including the right... |
2024 |
| Alex MacDonald |
POLITICAL UNIONS, FREE SPEECH, AND THE DEATH OF VOLUNTARISM: WHY EXCLUSIVE REPRESENTATION VIOLATES THE FIRST AMENDMENT |
22 Georgetown Journal of Law & Public Policy 229 (Winter, 2024) |
C1-2Table of Contents Introduction. 229 I. Exclusivity and Its Discontents. 238 A. The Origins of Exclusivity. 238 B. Challenges to Exclusivity. 241 C. The Bargaining Politics Distinction. 244 D. Janus Opens the Door. 247 E. The Missing Lawsuit: Exclusivity and Politics in the Private Sector. 250 II. The Emergence of Political Unions. 251 III.... |
2024 |
| Mohammad Hasan |
POLITICS OF RECOGNITION AND INDIGENOUS PEOPLES IN BANGLADESH |
30 Southwestern Journal of International Law 126 (2024) |
L1-2Abstract . L3127 L1-2Introduction . L3128 I. Indigenous Peoples: From Past to Present. 131 II. Methodology. 137 III. Who Are Indigenous Peoples?. 139 A. Debates Over Identifying and Defining Indigenous Peoples. 139 B. Defining Indigenous Peoples Under International Law. 145 IV. The Test of Indigeneity in Bangladesh. 149 A. Self-Identification... |
2024 |
| Jayesh Rathod |
PRESSURED EXIT |
98 Tulane Law Review 805 (May, 2024) |
This Article upends the traditional framing of the United States as a migrant-receiving country by examining a growing category of emigrant outflows: U.S. citizens who have been compelled to depart permanently because of conditions of vulnerability. Eschewing use of the generic term expatriate, this Article contends that these U.S. citizens are... |
2024 |
| |
PROSECUTORIAL DISCRETION |
53 Georgetown Law Journal Annual Review of Criminal Procedure 257 (2024) |
The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe the accused has committed an offense, the decision to prosecute is within the prosecutor's... |
2024 |