| Author | Title | Citation | Summary | Year |
| 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 |
| Hon. M. Margaret McKeown, United States Court of Appeals for the Ninth Circuit, Chair, ABA Commission on the Nineteenth Amendment, Georgetown University Law Center (Juris Doctor 1975; Honorary Doctorate 2005) |
Foreword |
19th Georgetown Law Journal L.J. 1 (June, 2020) |
In celebration of the centennial of the Nineteenth Amendment, it is my pleasure to introduce a special issue of The Georgetown Law Journal. This issue brings together a series of articles that examines the legacy of the Nineteenth Amendment and the ongoing push for equality. The American Bar Association formed the Commission on the Nineteenth... |
2020 |
| Sudha Setty |
Foreword |
42 Western New England Law Review 333 (2020) |
As dean of Western New England University School of Law, I thank the editors and staff of Volume 42 of the Western New England Law Review for inviting me to contribute the foreword to this symposium issue on woman suffrage and the broader contextual conversations about gender and politics, as well as the trajectory of social justice movements more... |
2020 |
| Michael J. Klarman |
Foreword: the Degradation of American Democracy--and the Court |
134 Harvard Law Review Rev. 1 (November, 2020) |
C1-2CONTENTS Introduction. 4 I. The Degradation of American Democracy. 11 A. The Authoritarian Playbook. 11 B. President Trump's Authoritarian Bent. 19 1. Attacks on Freedom of the Press and Freedom of Speech. 20 2. Attacks on an Independent Judiciary. 22 3. Politicizing Law Enforcement. 23 4. Politicizing the Rest of the Government. 25 5. Using... |
2020 |
| Timothy Zick |
Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties |
106 Iowa Law Review 229 (November, 2020) |
ABSTRACT: Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a collective, civic republican, individual, and fundamental right. Gun rights advocates have... |
2020 |
| Justin Driver |
Freedom of Expression Within the Schoolhouse Gate |
73 Arkansas Law Review Rev. 1 (2020) |
In the late 1960s, the Supreme Court began contemplating how the First Amendment's commitment to the freedom of speech should protect the right of students to introduce their own ideas into the schoolhouse. This constitutional question extended well beyond the matter addressed in West Virginia State Board of Education v. Barnette, because that... |
2020 |
| Kristin Garrity, Emily Crnkovich |
From Bigotry to Ban: the Ideological Origins and Devastating Harms of the Muslim and African Bans |
29 Southern California Interdisciplinary Law Journal 571 (Summer, 2020) |
In this paper we examine some of the recent history of the anti-immigration and anti-Muslim movements--looking to the Muslim and African Ban in particular--and how their rhetoric and ideology have directly influenced the policies of the Trump administration. We also discuss the irony of these policies in light of the Trump administration's push for... |
2020 |
| Angela Hefti , Laura Ausserladscheider Jonas |
From Hate Speech to Incitement to Genocide: the Role of the Media in the Rwandan Genocide |
38 Boston University International Law Journal L.J. 1 (Spring, 2020) |
Free speech is essential in any democratic society. Voiced in a politically charged context, however, hateful speech can incite the crime of crimes-- genocide. Democracy cannot be served if free speech is manipulated as a tool to incite the violation of human rights. Limits must be imposed on the media in its enjoyment of free speech. This paper... |
2020 |
| Bandana Purkayastha |
From Suffrage to Substantive Human Rights: the Continuing Journey for Racially Marginalized Women |
42 Western New England Law Review 419 (2020) |
This Article highlights racially marginalized women's struggles to substantively access rights. Suffrage was meant to acquire political rights for women, and through that mechanism, move towards greater equality between women and men in the public and private spheres. Yet, racial minority women, working class and immigrant women, among others,... |
2020 |
| Trina Jones , Jessica L. Roberts |
Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law |
120 Columbia Law Review 1929 (November, 2020) |
Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... |
2020 |
| Kari Hong |
Gideon: Public Law Safeguard, Not a Criminal Procedural Right |
51 University of the Pacific Law Review 741 (2020) |
C1-2Table of Contents Table of Contents. 741 I. The Zig and Zags that Birthed and Confined the Right of Counsel to the Sixth Amendment. 746 A. From Powell v. Alabama to Argersinger: The (False) Narrative Confining the Right of Counsel to the Sixth Amendment. 746 B. Gideon's Foundation: The Right of Counsel as a Remedy to Asymmetry in All Public Law... |
2020 |
| Emily Gleichert |
Global Apathy and the Need for a New, Cooperative International Refugee Response |
16 Northwestern Journal of Law & Social Policy 119 (Fall, 2020) |
While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office's traditional solutions for... |
2020 |
| Nez̆a Kogovs̆ek S̆alamon, Barry Frett, Elizabeth Stark Ketchum |
Global CrImmigration Trends |
81 IUS Gentium Gentium 3 (2020) |
Abstract Crimmigration, generally defined, is the increased entanglement of criminal and immigration procedures. Scholars have been observing this trend in the United States, Australia, and various European countries, as well as on other continents. Historically, states handled immigration infractions through civil or administrative systems... |
2020 |
| Ira S. Rubinstein , Bilyana Petkova |
Governing Privacy in the Datafied City |
47 Fordham Urban Law Journal 755 (June, 2020) |
Privacy--understood in terms of freedom from identification, surveillance, and profiling--is a precondition of the diversity and tolerance that define the urban experience. But with smart technologies eroding the anonymity of city sidewalks and streets, and turning them into surveilled spaces, are cities the first to get caught in the line of... |
2020 |
| Jonathan Kwortek |
Guilty Beyond a Reasonable Vote: Challenging Felony Disenfranchisement under Section 2 of the Voting Rights Act |
93 Southern California Law Review 849 (May, 2020) |
History is not the past. It is the present. We carry our history with us. We are our history. If we pretend otherwise, we are literally criminals. James Baldwin C1-2TABLE OF CONTENTS INTRODUCTION. 850 I. BACKGROUND. 853 A. Felon Disenfranchisement: Historical Origins And Adoption in the United States. 853 1. Origins of Felon Voting Restrictions.... |
2020 |
| Monika Batra Kashyap |
Heartless Immigration Law: Rubbing Salt into the Wounds of Immigrant Survivors of Domestic Violence |
95 Tulane Law Review 51 (November, 2020) |
In the United States, a recognition of the unique vulnerabilities of immigrant women survivors of domestic violence has led to the passage of a series of federal immigration provisions over the past thirty years that are designed to protect such survivors. These provisions are the battered spouse waiver, the VAWA self-petition, and the U-Visa.... |
2020 |
| |
Hernández V. Mesa and Police Liability for Youth Homicides Before and after the Death of Michael Brown |
56 Criminal Law Bulletin ART 3 (2020) |
Delores Jones-Brown: Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race,... |
2020 |
| D. Brock Hornby |
History Lessons |
23 Green Bag 289 (Summer, 2020) |
This year is Maine's 200th birthday as a state, after separating from Massachusetts in 1820. The bicentennial prompts me to recount two early civil rights episodes in Maine's history, highlighting the discrimination the protagonists faced, the difficulties they encountered, and the perseverance they had to demonstrate trying to vindicate their... |
2020 |
| Michael Avery |
How Politics Inform Law |
77 National Lawyers Guild Review 43 (Spring, 2020) |
Book Review: Jack Jackson, Law Without Future: Anti-Constitutional Politics and the American Right (U. Penn. Press, 2019). In Law Without Future, Jack Jackson explores a broad set of legal and political developments to support his analysis that we now live in a world where legal decisions have less fealty to precedent and less commitment to... |
2020 |
| Ian Falefuafua Tapu |
How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution |
44 New York University Review of Law and Social Change 445 (2020) |
The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,... |
2020 |
| Marc E. Jácome |
Human Rights on the Border: a Critical Race Analysis of Hernandez V. Mesa |
67 UCLA Law Review 1268 (November, 2020) |
This Comment presents a historical investigation of the violence that establishes nationstate borders. The analysis deconstructs the U.S.--Mexico border through the 2010 shooting of Sergio Adrián Hernández Güereca, and asks how the framework of human rights may provide justice for this tragedy. In 2015, the Fifth Circuit for the U.S. Court of... |
2020 |
| Anders Newbury |
Illegal Immigration Arrests: a Vermont Perspective on State Law and Immigration Detainers Supported by Intergovernmental Agreements |
44 Vermont Law Review 645 (Spring, 2020) |
Introduction. 646 I. Historical Background: The Politics of Immigration and Rising Federal-State Tensions. 649 A. A Brief History of Immigration Policy in the United States. 649 B. Vermont and the Immigration Enforcement Debate. 653 II. Evolution of Legal Challenges to Detainers. 655 A. Statutory Interpretation of Immigration Enforcement. 655 B.... |
2020 |
| Medha D. Makhlouf, Jasmine Sandhu |
Immigrants and Interdependence: How the Covid-19 Pandemic Exposes the Folly of the New Public Charge Rule |
115 Northwestern University Law Review Online 146 (10/14/2020) |
Abstract--On February 24, 2020, just as the Trump Administration began taking significant action to prepare for an outbreak of COVID-19 in the United States, it also began implementing its new public charge rule. Public charge is an immigration law that restricts the admission of certain noncitizens based on the likelihood that they will become... |
2020 |
| Lauren Scheid |
Immigrants Make America Great: Contemporary Overview of the Executive Authority for Regulation of U.s. Immigration Policy |
30 Indiana International & Comparative Law Review 525 (2020) |
The celebrated Broadway musical Hamilton makes it clear that immigrants make America great. European settlers created the thirteen colonies on the east coast of the United States by leaving their home country in search of a better life across the Atlantic. Additionally, all of the Founding Fathers themselves were technically immigrants--they were... |
2020 |
| Michael T. Light , Isabel Anadon |
Immigration and Violent Crime: Triangulating Findings Across Diverse Studies |
103 Marquette Law Review 939 (Spring, 2020) |
The dramatic increase in both lawful and unauthorized immigration in recent decades produced a groundswell of research on two questions: (1) Does immigration increase violent crime? and (2) What policy responses are most effective at addressing unauthorized immigration (e.g., sanctuary policies, deportations, etc.)? For the most part, these bodies... |
2020 |
| Engy Abdelkader |
Immigration in the Era of Trump: Jarring Social, Political, and Legal Realities |
44 Harbinger 76 (4/24/2020) |
In 2020, immigration is proving to be an election year issue. The Trump reelection campaign is strategically leveraging it as a political narrative to win votes while further polarizing an already fractured nation along ideological and partisan lines. Indeed, a review of related public opinion surveys may prove illuminating on this score. According... |
2020 |
| Wendy E. Parmet |
Immigration Law as a Social Determinant of Health |
92 Temple Law Review 931 (Summer, 2020) |
Public health research demonstrates that population health is shaped in large measure by numerous social factors, widely known as the social determinants of health. This Essay argues that immigration law acts as a social determinant that affects the health of both noncitizens and citizens. Looking at several of the Trump administration's regulatory... |
2020 |
| Juan F. Perea |
Immigration Policy as a Defense of White Nationhood |
12 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2020) |
C1-3Table of Contents I. The Framers' Wish for a White America. 3 II. The Cycles of Mexican Expulsion. 5 III. Deportation and Mass Expulsion: Social Control to Keep America White. 11 |
2020 |
| Charles R. Lawrence III |
Implicit Bias in the Age of Trump: Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York, N.y.: Viking. 2019. Pp. 340. $28.00 |
133 Harvard Law Review 2304 (May, 2020) |
We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... |
2020 |
| Nicholas Serafin |
In Defense of Immutability |
2020 Brigham Young University Law Review 275 (2020) |
Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under... |
2020 |
| Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz Herrera, JoNel Newman |
In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters |
80 Louisiana Law Review 421 (Winter, 2020) |
C1-2Table of Contents Introduction. 423 I. Assessing Legal Needs and Capacity Post-Disaster. 425 A. Social Injustice Is Exacerbated by Natural Disasters. 425 B. Identifying Legal Needs in Context. 428 C. Assessing Clinic Resources and Capacity. 431 II. The Ecosystem of Agencies, Law, and Resources After a Natural Disaster. 434 A. Federal Emergency... |
2020 |
| Kaylin Hawkins |
Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration |
93 Temple Law Review 181 (Fall, 2020) |
Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent... |
2020 |
| Derek E. Bambauer |
Information Hacking |
2020 Utah Law Review 987 (2020) |
The 2016 U.S. presidential election is seen as a masterpiece of effective disinformation tactics. Commentators credit the Russian Federation with a set of targeted, effective information interventions that led to the surprise election of Republican candidate Donald Trump. On this account, Russia hacked not only America's voting systems, but also... |
2020 |
| Amalia D. Kessler |
Introduction to Special Issue |
15 Stanford Journal of Civil Rights & Civil Liberties 311 (June, 2020) |
This special issue of the Stanford Journal of Civil Rights & Civil Liberties emerges from a set of conversations here at Stanford Law School--sparked by the centennial of the Nineteenth Amendment--that also gave rise to the Stanford Center for Law and History's 2019 conference on Legal Histories and Legacies of the Nineteenth Amendment. The... |
2020 |
| Emily Ryo , Professor of Law and Sociology, USC Gould School of Law, Los Angeles, CA |
Introduction to the Special Issue on Immigration Detention |
54 Law and Society Review 750 (December, 2020) |
In a recent article, I called for the development of a systematic field of study devoted to investigating the causes, conditions, and consequences of immigration detention (Ryo 2019). The two articles in this special issue are cutting-edge studies that answer that call. They leverage multiple methods to overcome enormously difficult data challenges... |
2020 |
| John Tehranian |
Is Kim Kardashian White (And Why Does it Matter Anyway)? Racial Fluidity, Identity Mutability & the Future of Civil Rights Jurisprudence |
58 Houston Law Review 151 (Fall, 2020) |
With the world's most ubiquitous celebutante firmly cast in the starring role, this Article conducts an exegesis on the semiotics of Kim Kardashian's racial identity. In the process, the Article explores the social construction of race in action, weighs the individual agency possible in the racialization process, and further probes the reality of... |
2020 |
| Carlos R. Pastrana |
Is Your Law Firm Truly Committed to Diversity? |
93-SEP Wisconsin Lawyer 28 (September, 2020) |
Since relocating from Puerto Rico to the United States, the author has worked at national, regional, and local firms of all sizes. Although the racial compositions and level of fluency of each of these firms on the topics of diversity and inclusion varied, they all recognized that the legal services market is changing and shared a desire to adapt... |
2020 |
| Elisa Vari |
Italy-libya Memorandum of Understanding: Italy's International Obligations |
43 Hastings International and Comparative Law Review 105 (Winter, 2020) |
In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... |
2020 |
| Elisa Vari |
Italy-libya Memorandum of Understanding: Italy's International Obligations |
43 Hastings International and Comparative Law Review 105 (Winter, 2020) |
In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... |
2020 |
| Kerry Martin |
Jail by Another Name: Ice Detention of Immigrant Criminal Defendants on Pretrial Release |
25 Michigan Journal of Race and Law 147 (Winter, 2020) |
This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon's decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or.... |
2020 |
| Emily Ryo , Ian Peacock |
Jailing Immigrant Detainees: a National Study of County Participation in Immigration Detention, 1983-2013 |
54 Law and Society Review 66 (March, 2020) |
Hundreds of county jails detain immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties... |
2020 |