AuthorTitleCitationSummaryYear
Martin S. Min LIBERTÉ OR ÉGALITÉ? STRICTLY SCRUTINIZING "COLORBLIND" EQUALITY JURISPRUDENCE IN THE UNITED STATES AND FRANCE 26 Rutgers Race & the Law Review 154 (2025) There is a general understanding in American legal discourse that colorblind constitutionalism requires equal treatment between individuals without regard to race. This manifests as requiring strict scrutiny review of governmental actions that employ race to distinguish people. Countries like France reveal different interpretations of the meaning... 2025
Jennifer M. Chacón LOVING'S BORDERS 113 California Law Review 1075 (June, 2025) In a term filled with high-profile cases, Department of State v. Muñoz did not receive high-profile treatment. But the case was a critically important successor to Dobbs v. Jackson Women's Health Organization. In Muñoz, the Court continued efforts, launched in Dobbs, to shrink the protective force of the Due Process Clause. Even more significantly,... 2025
Asim Zaidi MAJOR QUESTIONS IN THE PLENARY POWER DOMAIN 72 UCLA Law Review 256 (May, 2025) Immigration law has been described as a field of constitutional oddity. Under the plenary power doctrine, courts have deferred to government decisions on immigration policy that would plainly violate constitutional rights outside of the immigration context. Courts have wielded the plenary power doctrine as a tool of systemic racism, using it to... 2025
Jill Marie Gerschutz-Bell MEMBERSHIP IN A "PARTICULAR SOCIAL GROUP": THE NARROW ACCESS TO ASYLUM FOR GANG-AFFECTED YOUTH 51 University of Dayton Law Review 109 (Fall, 2025) I. Introduction. 109 II. Background. 112 A. Challenging Requirements for All Asylum-Seekers. 112 1. Home Government Unable or Unwilling to Protect. 112 2. The Nexus Requirement. 113 B. Additional Challenges for Asylum-Seekers Based on Membership in a Particular Social Group. 114 1. The Hurdle of Immutable Characteristic. 115 2. The Hurdles of... 2025
Arnold Brown Jr. MONOCHROMACY OF JUSTICE: THE GLOBAL COST OF RACIAL COLORBLINDNESS 74 DePaul Law Review 995 (Spring, 2025) C1-2Table of Contents I. Introduction. 996 II. Background. 997 A. Colorblindness in the United States of America. 998 1. The History of Race-Conscious Policies. 998 2. How Courts Define and Defend Equality. 1000 3. Historical Origins of the Colorblind Doctrine. 1002 a. Colorblindness in the Postbellum Period. 1003 b. Colorblindness in the Modern... 2025
Chaumtoli Huq MUSLIM AMERICAN WORKERS, FAITH AND LABOR ORGANIZING 69 Saint Louis University Law Journal 299 (Winter, 2025) Islam is one of the fastest-growing religions in the U.S. Muslim-Americans are racially, ethnically and theologically diverse and are a politically engaged constituency. It is a community experiencing immense economic insecurity alongside political vulnerability due to discrimination, which make them inclined to labor organizing. Despite these... 2025
Matthew Boaz NARRATIVE DRIP AND OTHER METAPHORS FOR DATA-RESISTANT IMMIGRATION ENFORCEMENT 48 University of Arkansas at Little Rock Law Review 1 (Fall, 2025) If I have to create stories . then that's what I'm going to do. JD Vance, Vice President of the United States In the United States, the first few months of 2025 have been besieged by rapid, broadscale, and far-reaching actions by the executive branch. While the entire federal government and reliant agencies have been reeling from mass firings,... 2025
Catherine Y. Kim NARRATIVE IN IMMIGRATION LAW 32 Asian American Law Journal 1 (2025) Immigration remains one of the most divisive issues of our times. Yet contemporary debates about asylum, economic migrants, chain migration, and undocumented migration occur at a level of abstraction bereft of human context. This Article challenges the flattening and erasure of immigrants by building on Critical Race Theory's rich tradition of... 2025
Mariana Peixoto Irby , Jordan Center for the Advanced Study of Russia, New York University, New York, New York, USA NEXT YEAR I'LL HAVE A RED PASSPORT: DOCUMENTS AND MIGRANT RACIALIZATION IN RUSSIA 48 PoLAR: Political and Legal Anthropology Review 1 (November, 2025) Received: 17 April 2023 Revised: 6 April 2025 Accepted: 13 September 2025 Keywords: citizenship | documents | migration | passportization | racialization This article explores the widespread increase in Russian passport acquisition among citizens of Tajikistan that has taken place in recent years. Political science and policy literature has... 2025
Yasemin ˙Ipek , Global Affairs Program, George Mason University, Fairfax, Virginia, USA NGOING AND ITS IMAGINED AFTERLIVES: ACTIVIST CRITIQUES AFTER THE AUGUST 2020 BEIRUT PORT EXPLOSION 48 PoLAR: Political and Legal Anthropology Review 1 (November, 2025) Received: 4 December 2023 Revised: 4 August 2025 Accepted: 17 August 2025 Keywords: activism | afterlives | Lebanon | NGOs | political critique This article examines the reconfiguration of NGO activism in Lebanon following the catastrophic August 2020 Beirut port explosion. Lebanon's vibrant NGO sector, which flourished in the 1990s, witnessed... 2025
Steffi Colao NO RIGHT TO EXCLUDE: THE EUROPEAN UNION'S REPARATIVE MIGRATION OBLIGATIONS 41 American University International Law Review 37 (2025) In this article, I unify the diverse but related ways that scholars, activists, and people on the move have demanded migration as a form of reparations. I first compare (mostly U.S.-based) theoretical arguments for migration as a form of reparations for colonization, military occupation, and climate harm. I then turn to international legal... 2025
Ali Hakim, Matei Alexianu NON-STATE SANCTIONS: PRIVATE INSTRUMENTS OF INTERNATIONAL LAW 58 Vanderbilt Journal of Transnational Law 839 (October, 2025) Amid the catastrophic wars in Gaza and Ukraine, private organizations have arranged boycotts, bans, and other nonviolent measures to pressure Israel and Russia to comply with international law. These are just the latest examples of a long tradition of international law enforcement by non-state actors. But despite this rich history, international... 2025
Caroline V. Garrido NOT SO FIRMLY SETTLED: HOW THE INCONSISTENT JURISPRUDENCE OF THE FIRM RESETTLEMENT BAR SERVES AS A TOOL FOR ASYLUM SEEKER EXCLUSION 94 Fordham Law Review 1059 (December, 2025) The firm resettlement bar to asylum, designed to limit protections to those without refuge elsewhere, has become a source of inconsistency, confusion, and exclusion in U.S. asylum law. Circuit courts have adopted two different approaches for determining whether an asylum seeker has firmly resettled in a third country. Despite the Board of... 2025
Malinda L. Seymore OBITUARY FOR THE BIRTH CERTIFICATE 78 SMU Law Review 639 (Summer, 2025) Have birth certificates outlived their usefulness? Birth certificates establish an individual's name, identity, age, race, sex and gender, parental authority, and citizenship. In addition, the information collected at the time of birth and reflected on a long-form birth certificate provides data for public health policy, population statistics,... 2025
Suzanne A. Kim ON "SELF" CARE 57 Connecticut Law Review 317 (January, 2025) The dominant answer to popular calls for self care in everyday discourse is a thriving eleven billion dollar industry. The self care economy encompasses workplace wellness programs, consumer goods and services, and entrepreneurship. This infrastructure revolves around commercial consumers and providers and advances through conceptions of health and... 2025
Joel Andrews Cosme-Morales ONE HUNDRED YEARS OF MORALES Y BENET v. LA JUNTA LOCAL DE INSCRIPCIONES: THE USE OF THE INSULAR CASES TO DENY WOMEN'S VOTING RIGHTS IN PUERTO RICO 32 Michigan Journal of Gender & Law 101 (2025) In both Puerto Rico and the United States, we are governed by an electoral system founded on the principle of one person, one vote. Voting in early U.S. history was a privilege, not a universal right, restricted by race and gender. As a result, the institutional structures of early American political and legal systems tended to exclude certain... 2025
Spencer Overton OVERCOMING RACIAL HARMS TO DEMOCRACY FROM ARTIFICIAL INTELLIGENCE 110 Iowa Law Review 805 (January, 2025) ABSTRACT: While the United States is becoming more racially diverse, generative artificial intelligence and related technologies threaten to undermine truly representative democracy. Left unchecked, AI will exacerbate already substantial existing challenges, such as racial polarization, cultural anxiety, antidemocratic attitudes, racial vote... 2025
Heather Mansfield OVERCOMING THE PERSONAL IN PERSECUTION: BARRIERS TO ESTABLISHING "NEXUS' IN DOMESTIC VIOLENCE ASYLUM CLAIMS 43 Quinnipiac Law Review 502 (2025) Gender-based violence impacts one out of every three women, representing approximately seven-hundred million women worldwide. Globally, most homicides are perpetrated against men; however, women are murdered at a disproportionate rate in the private sphere. Intimate partners or other family members commit about fifty-six percent of all female... 2025
Meghan L. Morris PARAMILITARY PROPERTY 60 Harvard Civil Rights-Civil Liberties Law Review 107 (Winter, 2025) Paramilitarism is on the rise in America. In recent years, paramilitaries have mounted violent responses to movements for racial justice, climate emergencies, public health protocols, and migrant border crossings. Militias, white power organizations, and other paramilitary groups often claim their violence is justified as a legitimate defense of... 2025
Michael Conklin PEAK WOKENESS IN LEGAL SCHOLARSHIP: AN EMPIRICAL ANALYSIS OF RECENT TRENDS IN PROGRESSIVE TOPICS 61 California Western Law Review 381 (Spring, 2025) C1-3Table of Contents I. Introduction. 382 A. What is Woke?. 384 B. Evidence of Peak Wokeness. 389 II. Methodology. 398 III. Results. 399 IV. Discussion. 400 V. Conclusion. 404 2025
Tiffani Darden PICKING THROUGH THE REMNANTS OF BROWN v. BOARD TO REALIZE THE IDEAL OF QUALITY PUBLIC EDUCATION FOR ALL CHILDREN IN THE POST COVID-19 ERA 66 William and Mary Law Review 917 (March, 2025) C1-2Table of Contents Introduction. 918 I. Principles of Brown v. Board of Education. 920 A. Deterioration of Brown v. Board's Legacy. 921 B. Critiques of Brown v. Board. 923 C. Brown v. Board as Applied to Other Groups. 925 II. The Minimal Importance of Quality Education. 926 A. Equitable Resource Distribution for Preparing Good Citizens. 926 B.... 2025
Cori Alonso-Yoder PLENARY POWER: TEACHING THE IMMIGRATION LAW OF THE TERRITORIES 54 Stetson Law Review 203 (Winter, 2025) Humberto Marchand: You're denying me? You're denying me because I have a driver's license which is a valid ID. Hertz Employee: What's your first and last name? . Would you like me to call the police? In May of 2023, Humberto Marchand attempted to rent a car from the Hertz rental car company at the New Orleans International Airport. When he... 2025
Emily M. Poor POLICE GATEKEEPING 30 Michigan Journal of Race and Law 49 (Spring, 2025) The role of policing in American society is more pervasive (and less visible) than many acknowledge. Police do not just patrol, arrest, and keep peace - they also gatekeep. Many and varied ostensibly non-criminal processes rely on police fact-finding to adjudicate claims, establish eligibility for resources, and take adverse action against... 2025
Sunita Patel POLICING CAMPUS PROTEST 125 Columbia Law Review 1277 (June, 2025) College campuses across the country celebrate their legacies of creating free speech guarantees following student protests from the mid-1960s to early 1970s, even though colleges had minimal tolerance of such protests at the time. As part of the New Left's vision for a different society, students, sometimes joined by faculty, demanded an end to the... 2025
Vivian Alejandre POWER PLAY IN ASYLUM ADJUDICATIONS: EXAMINING THE QUALIFICATIONS OF IMMIGRATION OFFICERS 52 Western State Law Review 1 (Spring, 2025) C1-3Table of Contents I. Introduction. 1 II. Background. 3 III. The Inadequate Training and Qualifications of Immigration Officers. 6 A. CBP Officer - Office Of Field Operation. 9 B. BP Agents. 14 C. Asylum. 18 1. Affirmative Asylum vs. Defensive Asylum. 19 2. Expeditated Removals: Fear Interviews. 20 3. What it Takes to be an Asylum Officer. 21... 2025
Sarah Katz PRACTICING JUSTICE: A CRITICAL SELF-REFLECTION ON THE ROLE OF TRAUMA IN LEGAL PRACTICE 30 Roger Williams University Law Review 406 (Spring, 2025) The notion of trauma-informed lawyering has had a huge impact on my own conception of my role as a lawyer and my approach to lawyering. And yet, my understanding of trauma and its impact on legal practice continues to metamorphize. Although science continues to teach us more and more about how trauma impacts brain development, memory and... 2025
A. Nicole Kreisberg , Penn State University, University Park, PA 16803, USA, Email: nqk5458@psu.edu PREFERENCE OR PENALTY? THE LAW AND EMPLOYERS' DIVERGING HIRING INTENTIONS OF LATINO IMMIGRANTS 50 Law and Social Inquiry 569 (May, 2025) (Received 17 April 2024; revised 14 October 2024; accepted 18 December 2024; first published online 10 April 2025) There is conflicting evidence as to whether employers prefer immigrants over native-born workers when hiring. Some evidence suggests that employers might penalize immigrants over comparably educated co-ethnic native-born workers. Yet... 2025
Jennifer Nou PRESIDENTIAL BROKERING IN THE REGULATORY STATE 93 George Washington Law Review 971 (October, 2025) Presidents seeking to make regulatory policy face formidable hurdles--most recently, heightened litigation risk, reduced judicial deference, and political polarization. In response, they have increasingly relied upon the Executive Office of the President (EOP) to manage these challenges. This Foreword spotlights the practice of presidential... 2025
Christian Powell Sundquist PRESUMED GUILTY: "ILLEGAL ALIEN" EVIDENCE AND THE RIGHTS OF NON-CITIZEN DEFENDANTS 81 New York University Annual Survey of American Law 19 (2025) Dangerous political rhetoric demonizing migrants and racialized persons has altered social norms regarding the acceptability of racism while ushering in a new era of white nationalism across the world. The increasing normalization of racism has shaken bedrock American constitutional principles of equality and fair treatment under the law. As such,... 2025
Anna Arons PROSECUTING FAMILIES 173 University of Pennsylvania Law Review 1029 (March, 2025) Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government--family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense... 2025
Katheryn Russell-Brown , Vanessa Miller RACE CENTERS AS CRITICAL CURRICULUM SPACES IN U.S. LAW SCHOOLS 76 Mercer Law Review 609 (April, 2025) This piece aims to amplify the role of law school race centers. In fact, these centers are central curriculum spaces for student teaching and learning about race. The discussion highlights the role of race centers in law schools, explores the scholarly potential of race centers, and proposes strategies for sustaining race centers. The piece... 2025
E. Tendayi Achiume RACE, REPARATIONS, AND INTERNATIONAL LAW 119 American Journal of International Law 397 (July, 2025) C1-3Table of Contents I. Introduction. 397 II. Reparations, Worldmaking, and Structures of Historical Injustice. 401 A. Race, Racism, and Colonial Worldmaking. 403 B. Race/Racism and the Structural Reproduction of Colonial Domination. 404 C. The Global Governance of Race/Racism and Reparative Anti-colonial Worldmaking. 407 III. The Legal... 2025
Bennett Capers, Jeffrey Bellin RACE, THE ACADEMY, AND THE CONSTITUTION OF THE WAR ON DRUGS, THE CONSTITUTION OF THE WAR ON DRUGS BY DAVID POZEN, OXFORD UNIVERSITY PRESS, 2024 134 Yale Law Journal 1763 (March, 2025) The war on drugs is widely viewed as a policy failure. Despite massive government intrusions on personal liberty, drug addiction, overdoses, and drug-related violence have only increased since the war was declared in 1971. David Pozen's new book, The Constitution of the War on Drugs, reveals a constitutional failure as well. Pozen chronicles a host... 2025
Emily Ryo , Ian Peacock , Weston Ley , Christopher Levesque RACIAL DISPARITIES IN CRIME-BASED REMOVAL PROCEEDINGS 109 Minnesota Law Review 1997 (May, 2025) Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants' criminal history. Many individuals in crime-based... 2025
Zachary R. Evans RECKONING WITH THE VIOLENT LEGACY OF RACIALIZED U.S. FOREIGN POLICY IN CHILE 28 University of Pennsylvania Journal of Law and Social Change 95 (2025) Critical Race Theory scholars have shone a spotlight on the legal underpinnings of imperial power and violence in numerous topics, including foreign policy. Absent from this critical scholarship is an analysis of United States interference in South American affairs. In centering the violent histories of dispossession and enslavement, I propose a... 2025
Sean M. Kammer REFLECTIONS ON THE IMPORTANCE OF CRITICAL THEORY TO TEACHING ENVIRONMENTAL LAW 70 South Dakota Law Review 40 (2025) The freedom of students to learn about critical approaches to understanding their world is under sustained political attack. In this time of increasing environmental peril and political dysfunction, Professor Sean M. Kammer reflects upon the importance of critical theory (including Critical Race Theory) to understanding--and ultimately... 2025
Neha Jain REFUGEE MARKETS 66 Virginia Journal of International Law 1 (Fall, 2025) Recent years have seen millions of people displaced by major environmental and political upheavals around the world. Yet anti-immigrant sentiments have driven electoral results in the United States and Europe, resulting in hardline shifts in policy. Legal scholars confronting anti-immigrant backlash have advanced sophisticated market models as the... 2025
Luke Herrine REGULATING CUTTHROAT BUSINESS 103 North Carolina Law Review 1573 (August, 2025) The production of meat is almost entirely controlled by a small group of multinational agribusinesses. These packers own everything from animal genetics to feed to wholesaling to slaughtering to butchering--leaving only the raising of the animals to nominally independent farmers, who are, in turn, controlled through one-sided contracts. Packers... 2025
Dani O'Donnell REGULATING THE INTERNET TO DEREGULATE GENDER VARIANCE 113 California Law Review 847 (June, 2025) Hatred and disinformation on the internet have ushered in a state of emergency for gender-variant people. Among other effects, they have generated political will to enact sweeping regulations that threaten to eradicate gender variance from public life entirely, as one political commentator has announced. This Note turns to history--specifically... 2025
Faiza W. Sayed REIMAGINING AFFIRMATIVE ASYLUM 113 California Law Review 1095 (August, 2025) In 2022, the Biden Administration finalized regulations that overhauled procedures for asylum claims for the first time since 1996. These regulations transferred the duty to decide asylum claims in expedited removal from immigration courts to the Asylum Office. While advocates criticized the proposal for its extreme procedural deficiencies, they... 2025
Aman K. Gebru REMEDIATING CULTURAL APPROPRIATION 57 Arizona State Law Journal 859 (Fall, 2025) Accusations of cultural appropriation--using cultural symbols from a culture that is not one's own without consent, understanding, or respect--have sparked fervent social, ethical, and political debates. While the issue does not seem to be a legal one at first blush, there's a growing area of legal scholarship on the topic. This Article builds on... 2025
Neoshia R. Roemer REPRODUCING CITIZENSHIP 27 Georgetown Journal of Gender and the Law 31 (Fall, 2025) I. Introduction. 31 II. Reproductive Justice and the Order. 34 A. The Reproductive Justice Framework. 35 B. The Order and its Context. 38 C. The Mythical Immigrant: the Imagined Illegal Immigrant. 41 III. The Rights of Citizens (and Noncitizens). 46 A. The Right to Procreate and Parent. 48 B. The Right to Citizenship. 53 C. Defining Citizenship... 2025
Laila L. Hlass , Rachel Leya Davidson RESEARCHING FROM A DEPORTATION ABOLITION ETHIC 105 Boston University Law Review 1511 (September, 2025) C1-2Contents Introduction. 1512 I. End SIJS Backlog Coalition Case Study. 1519 II. Movement Law and Deportation Abolition. 1524 A. Locating Resistance. 1526 B. Co-Generating Strategies and New Visions of Justice. 1527 C. Shifting the Knowledge-Base. 1528 D. Solidaristic Stance. 1530 III. Challenges to Movement Law. 1531 Conclusion. 1533 2025
Leo Yu REVIVING EXCLUSION 12 Texas A&M Law Review 1683 (Spring, 2025) Over a century ago, 15 states enacted alien land laws designed to deprive Japanese immigrants of property rights. It took half a century for these laws to be repealed. Today, alien land laws are experiencing a strong revival in America. Twelve states have enacted new versions targeting the Chinese community, with seventeen states preparing to... 2025
  RIGHT TO A JURY TRIAL 54 Georgetown Law Journal Annual Review of Criminal Procedure 659 (2025) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2025
Kelly Maurer SECURE 2.0'S AUTOMATIC ENROLLMENT PROVISIONS AND THEIR POTENTIALLY DETRIMENTAL EFFECT ON UNDOCUMENTED IMMIGRANT WORKERS 28 University of the District of Columbia Law Review 188 (Spring, 2025) Retirement plans have long been viewed as a prime financial tool, helping millions of Americans prepare for the day when they will no longer be able to work but will still need to finance their lives. For most Americans, retirement plans represent financial security and freedom. Recognizing the important role that tax advantaged plans play in... 2025
Mimi Whittaker SMUGGLING CONSPIRACIES 15 Columbia Journal of Race and Law 1234 (May, 2025) Amid growing political polarization, human trafficking remains one of the few social causes that retains universal bipartisan support. Nowhere was this clearer than Florida in the spring of 2023, when Governor Ron DeSantis passed widely popular human trafficking reforms. Despite a legislative session marked by national controversy over the state's... 2025
Marissa Jackson Sow SOCIAL MURDER AND THE ANTISOCIAL CONTRACT 85 Maryland Law Review 79 (2025) Social murder is widely understood as the reckless and calculated killing by the State of people who are considered surplus and thus made redundant by the State. It is not merely an outcome, however; social murder, is an antidemocratic process, and--certainly as it is manifesting in the United States under the second Trump Administration--is also... 2025
Sylvia Won SOUND JUDGMENT AND THE ECHOES OF ACCENT: ADDRESSING LEGAL BIAS AND DISCRIMINATION 26 Rutgers Race & the Law Review 114 (2025) C1-2TABLE OF CONTENTS I. INTRODUCTION. 115 A. The Social Meaning of Accent and Its Role in Discrimination. 117 Accent and First Impressions: How We Hear Difference. 117 Accent, Identity, and Power: How Perception Constructs Social Hierarchies. 118 Linguistic Profiling and the Psychology of Bias. 120 Social Conformity and the Construction of Accent... 2025
Asad L. Asad , Livia Baer-Bositis SPATIAL AND TEMPORAL CONTEXTS OF FORMAL SOCIAL CONTROL AND SYSTEM INVOLVEMENT: U.S. LATINOS UNDER IMMIGRATION POLICING 59 Law and Society Review 172 (March, 2025) (Received 15 November 2023; revised 6 June 2024; accepted 26 September 2024) System avoidance refers to the tendency of individuals who are concerned about formal social control (e.g., incarceration, immigration enforcement, or the removal of children from their families) to avoid surveilling institutions that engage in recordkeeping. While this... 2025
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