| Author | Title | Citation | Summary | Year |
| Lena Zwarensteyn |
Trump's Takeover of the Courts |
16 University of Saint Thomas Law Journal 146 (Spring, 2020) |
I. Introduction. 146 II. Trump's Fixation on the Federal Judiciary. 147 III. Rigging the Judicial Selection and Nomination Process. 151 A. The Judicial Selection and Nominations Process. 151 B. Breaking Norms. 153 C. Discarding Consultation and Blue Slips. 155 D. Limiting Inquiry: Stacked and Sham Hearings. 158 E. Speedy Confirmations. 159 IV.... |
2020 |
| Mariano-Florentino Cuéllar , Margaret Levi , Barry R. Weingast |
Twentieth-century America as a Developing Country: Conflict, Institutions, and the Evolution of Public Law |
57 Harvard Journal on Legislation 25 (Winter, 2020) |
C1-3Table of Contents I. Introduction. 26 II. American Law and Governance in the Early-Twentieth Century: Challenges and a Framework for Understanding Change. 31 III. The Decline in Crass Corruption Creates an Opportunity. 38 IV. Channeling Conflict and Building National Institutional Capacity: From World War I to the 1930s. 43 V. The Legacy of... |
2020 |
| Monika Batra Kashyap |
U.s. Settler Colonialism, White Supremacy, and the Racially Disparate Impacts of Covid-19 |
11 California Law Review Online 517 (November, 2020) |
This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial... |
2020 |
| Rachel Johnson-Farias |
Uniquely Common: the Cruel Heritage of Separating Families of Color in the United States |
14 Harvard Law & Policy Review 531 (Summer, 2020) |
Headlines abound with news of migrant family separation at the United States-Mexico border. Many of those articles attribute the practice of family separation to recent policy shifts under the current administration. Though this administration's policies are especially cruel and punitive, they are not novel. The separation of Black families,... |
2020 |
| Gurjot Kaur, Dana Sussman |
Unlocking the Power and Possibility of Local Enforcement of Human and Civil Rights: Lessons Learned from the Nyc Commission on Human Rights |
51 Columbia Human Rights Law Review 582 (Winter, 2020) |
If you ask most people in the United States where to go to file a complaint of discrimination or receive assistance from the government in addressing discrimination, chances are that they will not likely be able to tell you. For those who do have some familiarity, they may point to the United States Equal Employment Opportunity Commission (EEOC),... |
2020 |
| L. Darnell Weeden |
We the People Should Extend Constitutional Protections to Undocumented Resident Immigrants Killed Unreasonably by the Police |
44 Thurgood Marshall Law Review 187 (Spring, 2020) |
This article will discuss whether an undocumented resident immigrant residing in a community in the United States is entitled to basic due process rights. A question for consideration is whether an undocumented resident immigrant living in a community in the United States can be denied a basic right against unreasonable searches and seizures in a... |
2020 |
| Mitchell F. Crusto |
Weeding out Injustice: Amnesty for Pot Offenders |
47 Hastings Constitutional Law Quarterly 367 (Spring, 2020) |
The legalization of marijuana raises a quintessential jurisprudential question: Whether such laws apply retroactively to exonerate past pot offenders. The answer to this question affects millions of Americans who are suffering from the negative effects of past pot-related offenses. Some such offenders are serving life sentences without the... |
2020 |
| William Ortman |
When Plea Bargaining Became Normal |
100 Boston University Law Review 1435 (September, 2020) |
Plea bargaining is the criminal justice system, the Supreme Court tells us, but how did it get to be that way? Existing scholarship tells only part of the story. It demonstrates that plea bargaining emerged in the nineteenth century as a response to (depending on one's theory) increasing caseloads, expanding trial procedures, or professionalizing... |
2020 |
| George Shepherd |
When Should a Person's Name Be Removed from a Monument? A Proposed Standard and its Application to the Yerkes National Primate Research Center |
51 University of Toledo Law Review 249 (Winter, 2020) |
A contentious issue is the conditions under which offensive monuments should be removed, and controversial names should be eliminated from buildings and organizations. I first develop a standard for determining when a monument or name should be removed. Then, as a case study, I examine whether Emory University should remove the name of Robert M.... |
2020 |
| Jin Niu |
Who Is an American Soldier? Military Service and Membership in the Polity |
95 New York University Law Review 1475 (November, 2020) |
The military is one of the most powerful institutions to define membership in the American polity. Throughout this country's history, noncitizens, immigrants, and outsiders have been called to serve in exchange for the privileges of citizenship and recognition. At its height, the idea that service constitutes citizenship--which this Note calls... |
2020 |
| Kori Cooper |
Why and How U.s. Law Schools Ought to Promote Inclusion of Black Scholars and Legal Practitioners in Chinese Legal Studies Programs |
120 Columbia Law Review Forum 250 (11/20/2020) |
Recent developments, such as incidents of legalized discrimination against Black expatriates, tourists, and students in China, raise questions about why Black scholars and legal practitioners are largely absent from global debate over how China's laws and legal institutions function. Despite the Supreme Court's opinion that U.S. law schools and the... |
2020 |
| Sandra Beltran, Esq. |
Ya Basta! The Solutions to Sexual Harassment in the Workplace for Women Janitors Working at Nighttime When Nobody Can Hear Them |
55 University of San Francisco Law Review 69 (2020) |
YA BASTA! SAID LETICIA SOTO in a letter she wrote to her rapist when she referred to herself as the invisible woman. Leticia S., like many other Latina women, came to the United States with the hope of providing a better life for her children. Leticia S. came from Mexico City as a happy and hopeful single mother, who imagined herself singing... |
2020 |
| Danielle C. Jefferis |
Yearning to Breathe Free: Migration-related Confinement in America |
106 Cornell Law Review Online 27 (October, 2020) |
Migrating to Prison: America's Obsession with Locking Up Immigrants. César Cuauhtémoc García Hernández. 2019. 190 pages. Introduction. 27 I. Give Me Your Tired, Your Poor, Your Huddled Masses. 32 II. The New Colossus. 35 III. Yearning to Breathe Free. 39 Conclusion. 44 When Diego Rivera Osorio was three years old, just over 1,000 nights had passed... |
2020 |
| Kari Hong |
10 Reasons Why Congress Should Defund Ice's Deportation Force |
43 Harbinger 40 (March 11, 2019) |
Calls to abolish ICE, the Immigration and Customs Enforcement agency tasked with deportations, are growing. ICE consists of two agencies - Homeland Security Investigations (HSI), which investigates transnational criminal matters, and Enforcement and Removal Operations (ERO), which deports non-citizens. The calls to abolish ICE focus on the latter,... |
2019 |
| Peter L. Markowitz |
Abolish Ice . And Then What? |
129 Yale Law Journal Forum 130 (November 7, 2019) |
abstract. In recent years, activists and then politicians began calling for the abolition of the United States's interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to Abolish ICE as merely a spontaneous rhetorical device used to express outrage at the current... |
2019 |
| Allison Crennen-Dunlap |
Abolishing the Iceberg |
96 Denver Law Review Online 148 (2019) |
2018 was a difficult year for many migrants and their allies. In February, the Supreme Court held that the Immigration and Nationality Act permits the seemingly indefinite detention of certain migrants in removal proceedings without a bond hearing. In April, then-Attorney General Jefferson Sessions announced a zero tolerance policy that created... |
2019 |
| Antonio Iglesias |
Abolishing the Private Prison Industry's Evolving Influence on Immigrant Oppression |
25 Cardozo Journal of Equal Rights & Social Justice 293 (Winter, 2019) |
C1-2Table of Contents Introduction. 294 I. Background. 295 A. The Growth of the Private Prison Industry. 296 B. The Continued Rise in Immigration Detention. 299 C. The Private Prison Industry's Extensive Role in Immigration Detention. 301 D. The Growing Influence of The Private Prison Industry In The Political And Legislative Process To Secure Its... |
2019 |
| Pratheepan Gulasekaram , Rick Su , Rose Cuison Villazor |
Anti-sanctuary and Immigration Localism |
119 Columbia Law Review 837 (April, 2019) |
A new front in the war against sanctuary cities has emerged. Until recently, the fight against sanctuary cities has largely focused on the federal government's efforts to defund states like California and cities like Chicago and New York for resisting federal immigration enforcement. Thus far, localities have mainly prevailed against this federal... |
2019 |
| Amit Jain |
Bureaucrats in Robes: Immigration "Judges" and the Trappings of "Courts" |
33 Georgetown Immigration Law Journal 261 (Winter, 2019) |
As U.S. immigration policy and its human impact gain popular salience, some have questioned whether immigration courts--often the first-line adjudicators of deportation--are courts at all in the American adversarial legal tradition. This Article aims to answer this question through a focus on the role of the immigration judge (IJ). Informed by... |
2019 |
| Shani M. King |
Child Migrants and America's Evolving Immigration Mission |
32 Harvard Human Rights Journal 59 (Spring, 2019) |
This Article explores the many challenges--legal and otherwise--that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of... |
2019 |
| Sarah L. Hamilton-Jiang |
Children of a Lesser God: Reconceptualizing Race in Immigration Law |
15 Northwestern Journal of Law & Social Policy 38 (Fall, 2019) |
The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation's pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic... |
2019 |
| Allan Colbern, Melanie Amoroso-Pohl, Courtney Gutiérrez |
Contextualizing Sanctuary Policy Development in the United States: Conceptual and Constitutional Underpinnings, 1979 to 2018 |
46 Fordham Urban Law Journal 489 (June, 2019) |
Introduction. 490 I. Approaches to Understanding Sanctuary. 495 A. Typological-Legal Approach. 496 B. Historical-Legal Approach. 502 C. Historical-Moral Approach. 507 D. Policy-Data Approach. 509 II. Sanctuary Policy Development. 511 A. Period 1: 1979-1995 Sanctuary from Immigration Law. 515 1. Church Sanctuary Movement. 517 2. Moral Activism... |
2019 |
| Shirley Lung |
Criminalizing Work and Non-work: the Disciplining of Immigrant and African American Workers |
14 University of Massachusetts Law Review 290 (Spring, 2019) |
The realities of low-wage work in the United States challenge our basic notions of freedom and equality. Many low-wage workers share the condition of being stuck in jobs toiling excessive hours against their will for less than poverty wages in autocratic workplaces. Yet the racial politics of immigration and labor are often used to stir hostility... |
2019 |
| Rottem Rosenberg Rubins |
Crimmigration as Population Management in the "Control Society": Lessons from the Detention of Asylum-seekers in Israel |
22 New Criminal Law Review 236 (Summer, 2019) |
Scholars have offered various accounts of the forces that have caused the contemporary convergence of immigration enforcement and criminal law enforcement, known as crimmigration. This article argues that such accounts are insufficient, either because they have difficulty explaining the concrete practices by which crimmigration regimes operate,... |
2019 |
| Josué López |
Crt and Immigration: Settler Colonialism, Foreign Indigeneity, and the Education of Racial Perception |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 134 (Spring, 2019) |
A wall will not end immigration, and neither will immigration laws and policies. Rather, these policies and practices serve to dehumanize immigrants and position them in precarious legal positions where their personhood is constantly called into question. Analyses of immigration from Latin America do not usually focus on Indigenous peoples. When... |
2019 |
| Hon. George F. Phelan , Donald G. Tye , Tannaz N. Saponaro , Eva A. Millona |
Culture and the Immigrant Experience: Navigating Family Courts |
32 Journal of the American Academy of Matrimonial Lawyers 89 (2019) |
This article explores the impact of the immigrant experience in America and the challenges faced not only by immigrants in their new land but also their imported memories and experiences, including dominance and oppression in their national culture. These trauma-based experiences, including domestic abuse, are depicted through the perspectives of... |
2019 |
| Lori A. Nessel |
Deporting America's Children: the Demise of Discretion and Family Values in Immigration Law |
61 Arizona Law Review 605 (2019) |
Deportation may result . in loss of both property and life, or of all that makes life worth living. In approaching cases . in which federal constitutional rights are asserted, it is incumbent on us to inquire not merely whether those rights have been denied in express terms, but also whether they have been denied in substance and effect.... |
2019 |
| Aaron Korthuis |
Detention and Deterrence: Insights from the Early Years of Immigration Detention at the Border |
129 Yale Law Journal Forum 238 (November 25, 2019) |
ABSTRACT: Throughout the past several years, in the Trump and Obama Administrations alike, federal immigration authorities have advanced the use of detention as a deterrent to dissuade immigrants from seeking refuge in the United States. That detention often lasts for months, and even years, causing some immigrants to give up their cases, while... |
2019 |
| Christopher Mendez |
Dignity Takings in Leviathanic Immigration Proceedings |
21 Scholar: St. Mary's Law Review on Race and Social Justice 403 (2019) |
Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status... |
2019 |
| Gregory Taylor |
Dillon's Rule: a Check on Sheriffs' Authority to Enter 287(g) Agreements |
68 American University Law Review 1053 (February, 2019) |
Authority to enforce federal immigration policy in the United States is a power traditionally left exclusively to federal government agents. However, § 287(g) of the Immigration and Nationality Act provides a legal framework for state and local law enforcement to carry out federal immigration policy by entering a written agreement with the federal... |
2019 |
| Mari Matsuda |
Dissent in a Crowded Theater |
72 SMU Law Review 441 (Summer, 2019) |
C1-3TABLE OF CONTENTS I. INTRODUCTION: DEFINING IMMINENT THREAT. 441 II. THE KKK AND THE BURNING CROSS: HATE SPEECH IN CONTEXT. 443 III. CONCLUSION: EQUALITY CONSTRUCTS LIBERTY. 454 |
2019 |
| Michelle Adams, Derek W. Black |
Equality of Opportunity and the Schoolhouse Gate, the Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind by Justin Driver Penguin Random House, 2018 |
128 Yale Law Journal 2302 (June, 2019) |
Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that... |
2019 |
| Fatma E. Marouf |
Executive Overreaching in Immigration Adjudication |
93 Tulane Law Review 707 (April, 2019) |
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of... |
2019 |
| Stephen Lee |
Family Separation as Slow Death |
119 Columbia Law Review 2319 (December, 2019) |
During the Trump Administration, disturbing images of immigration officials forcibly separating parents from their children at the U.S.-Mexico border have rightly invited an onslaught of criticism. Voices across the political spectrum have called these actions immoral and insisted that this is not who we are. The underlying moral imperative of this... |
2019 |
| Shayak Sarkar |
Financial Immigration Federalism |
107 Georgetown Law Journal 1561 (August, 2019) |
Federal preemption doctrine constrains state power over undocumented immigrants. As courts and commentators focus on disputes over policing and removal, led by sanctuary cities and states, they overlook what I call financial immigration federalism. This Article uncovers emerging forms of financial immigration federalism while also reconsidering... |
2019 |
| Craig Estlinbaum |
Foreword |
60 South Texas Law Review 219 (2019) |
South Texas Law Review's 25th Annual Ethics Symposium in Criminal Law arrives at a critically important time. Criminal law reform has become a major discussion point around the state and nation in recent years. The discussions frequently focus on issues such as wrongful convictions, over-incarceration, racial disparities, immigration matters and... |
2019 |
| Penelope Andrews, New York Law School |
From Prohibited Immigrants to Citizens: the Origins of Citizenship and Nationality in South Africa. By Jonathan Klaaren. Cape Town: Uct Press, 2017 |
53 Law and Society Review 616 (June, 2019) |
Jonathan Klaaren has written an important study of the historic formation of South African citizenship against the backdrop of its admirable 1996 Constitution and Bill of Rights, its embrace of dignity and equality as founding principles, and especially the commitment in the Preamble: We, the people of South Africa . believe that South Africa... |
2019 |
| Amy Seilliere |
How Voluntary Abandonment of Permanent Resident Status and Coercion Don't Mix |
51 University of the Pacific Law Review 155 (2019) |
C1-2Table of Contents I. Introduction. 156 II. Background Of Immigration Issues and Form I-407. 158 A. Presumption of Abandonment of Permanent Resident Status Upon Leaving United States for a Long Period of Time. 159 B. Purpose and Advantages of Form I-407. 160 C. Internal Agency Documents and Manuals Regarding Form I-407. 161 III. How Do We Know... |
2019 |
| Lauren D. Allen |
Illegal Encouragement: the Federal Statute That Makes it Illegal to "Encourage" Immigrants to Come to the United States and Why it Is Unconstitutionally Overbroad |
60 Boston College Law Review 1205 (April, 2019) |
Abstract: Section 1324(a)(1)(A)(iv) of Title 8 of the United States Code makes it illegal to encourage an alien to come to or reside in the United States. Since that section's 1986 amendment, the circuits have struggled to adopt a consistent definition for encourage. Though some circuits have adopted a broad definition, the Third Circuit has... |
2019 |
| Vanessa Canuto |
Immigrants Are "People" Too: Constitutionalizing Free Speech Protections for Undocumented Immigrants |
17 First Amendment Law Review 403 (Spring, 2019) |
Imagine being a child trapped in a warehouse without your parents, no one to comfort you, and no knowledge of where your family is. Some children are forced to endure this at a young age, but most people cannot fathom the thought. This unfortunate reality is what the U.S. Border Patrol has been ordered to do to hundreds of children who are... |
2019 |
| Judge Rosemary Barkett |
Immigrants, Refugees and Women: International Obligations and the United States |
33 Emory International Law Review 493 (2019) |
PROFESSOR ABDULLAHI AN-NA'IM: Hello. My name is Abdullahi An-Na'im. I teach here at Emory Law School. I am responsible for a center called Center for International and Comparative Law. It is set in the [indiscernible] place in the corner where nobody seems to go. But please, we are delighted that you are here. This is really the highlight of our... |
2019 |
| Karla McKanders |
Immigration and Blackness |
44 Human Rights 20 (2019) |
Ms. L and her daughter S.S. entered the United States to apply for asylum in November 2017. The Catholic Church helped them flee persecution from their home country. They traveled through 10 countries over four months and requested asylum when they legally presented themselves at a port of entry near San Diego. Ms. L entered California along with... |
2019 |
| Kate Evans |
Immigration Detainers, Local Discretion, and State Law's Historical Constraints |
84 Brooklyn Law Review 1085 (Summer, 2019) |
The Trump administration assumed office armed with promises to eradicate unlawful immigration through an all-out assault. There would be no exceptions; everyone was a priority. The administration equated migrants with criminals in statement after statement. President Obama's [f]elons not families became a rallying cry for the Trump administration... |
2019 |
| Veena Bansal |
Immigration Status in Jury Trials: State Legislature & State Supreme Court Involvement in Combatting Jury Bias |
56 American Criminal Law Review Online Online 1 (Winter, 2019) |
In 2018, immigration was a controversial issue. On July 18, 2018 Mollie Tibbetts, a 20-year old student, was abducted while jogging through the rural town of Brooklyn, Iowa. She disappeared without a trace and her story took the news by storm. Over a month later, police arrested alleged undocumented immigrant, Cristian Rivera, for Mollie's murder.... |
2019 |
| Karla Mari McKanders |
Immigration to Blue Cities in Red States: the Battleground Between Sanctuary and Exclusion |
21 University of Pennsylvania Journal of Constitutional Law 1051 (March, 2019) |
An ongoing intrastate immigration regulation battle between cities, municipalities, and states with the Trump Administration intervening with litigation and executive orders has dominated the immigration federalism landscape. Some states, cities, and localities have passed sanctuary laws and policies seeking to protect immigrant communities by not... |
2019 |
| Shani M. King |
Immigration, Adoption and Our National Identity |
26 Duke Journal of Gender Law & Policy 85 (Spring, 2019) |
C1-2Table of Contents I. Introduction. 85 II. Intercountry Adoption: A Brief History. 86 A. Sending Countries. 87 B. Receiving Countries. 92 III. Legal Developments. 96 A. From Ad Hoc Response to Official Policy. 99 B. The Hague Convention and Its Implications for U.S. Policy. 100 IV. Conclusion. 106 |
2019 |
| César García Hernández |
Incarcerating Migrants |
60 South Texas Law Review 435 (2019) |
I'm going to steer us in a somewhat different direction, at least during the portion of my prepared remarks. I'm happy to talk about other issues about the intersection of criminal immigration law in the questions. But in my prepared remarks, I really want to take our focus out of the narrow and the more technical considerations about statutory... |
2019 |
| René Lima-Marín , Danielle C. Jefferis |
It's Just like Prison: Is a Civil (Nonpunitive) System of Immigration Detention Theoretically Possible? |
96 Denver Law Review 955 (Summer, 2019) |
This Essay questions a fundamental premise on which the U.S. civil immigration detention system is built: Is a civil--that is, nonpunitive--system of immigration detention even possible? The Supreme Court has not questioned this assumption. Most scholars who critique the state of immigration confinement in the United States assume the possibility... |
2019 |
| Bernard P. Perlmutter |
Judges Behaving Badly . Clinics Fighting Back: the Struggle for Special Immigrant Juveniles in State Dependency Courts in the Age of Trump |
82 Albany Law Review 1553 (2018-2019) |
When people talk about refugees, the words used are they, us or them. The moment of realization that we are a part of them, and they are a part of us, is the moment when we can begin to affect change. - Ai Weiwei, Law of the Journey In the first half of 2016, nearly 26,000 unaccompanied children--most of them from Central America--were... |
2019 |
| Evan F. McCarthy |
Justices, Justices, Look Through Your Books, and Make Me a Perfect Match: an Argument for the Realistic Probability Test in Cimt Removal Proceedings |
104 Iowa Law Review 2269 (May, 2019) |
ABSTRACT: The Immigration and Nationality Act provides a mechanism for automatic removal of aliens convicted of crimes involving moral turpitude. The problems resulting from trying to make law based on that phrase led immigration courts to adopt a categorical approach to statutory interpretation, which attempts to guarantee deportation based on... |
2019 |