AuthorTitleCitationSummaryYear
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
Henry L. Chambers, Jr. PROTECTING MINORITY REPRESENTATION IN AN ERA OF POLITICAL POLARIZATION AND THE HOLLOWING OUT OF VOTING RIGHTS PROTECTIONS 81 Washington and Lee Law Review 1047 (Summer, 2024) The United States Supreme Court has hollowed out various voting rights protections, leaving all voters--minority and nonminority--less protected in a politically polarized America. Surprisingly, the Court has continued to protect representation for minority race voters who live in racially polarized areas. However, minority race voters risk losing... 2024
Pedro Gerson PUNITIVE LEGAL IMMIGRATION 112 Kentucky Law Journal 331 (2023-2024) Table of Contents. 331 Abstract. 332 Introduction. 332 I. Legal Immigration: A Sketch. 337 A. Immediate Relatives (Family Based Migrants Group A). 339 B. Other Relatives (Family Based Migrant Group B). 340 C. Employment-Sponsored Migrants. 341 D. Protected Migrants. 343 E. Other Statuses. 348 II. The Collateral Consequences of Legal Immigration.... 2024
Michael P. Goodyear QUEER TRADEMARKS 2024 University of Illinois Law Review 163 (2024) LGBTQ+ slurs can now be registered as federal trademarks. The U.S. Supreme Court's decisions in Matal v. Tam and Iancu v. Brunetti permitted federal registration of disparaging, immoral, or scandalous trademarks. Appellee Simon Tam cheered, hoping that these decisions would usher in a new era of minority communities reappropriating offensive terms... 2024
Natsu Taylor Saito, Georgia State University RACE AND NATIONAL SECURITY. EDITED BY MATIANGAI V. S. SIRLEAF. NEW YORK: OXFORD UNIVERSITY PRESS, 2023. PP. XII, 263. INDEX 118 American Journal of International Law 586 (July, 2024) National security has become normalized--a touchstone invoked to justify governmental policies and fiscal decision making. It represents power exerted over virtually every aspect of our lives. We argue about whether this measure or that expenditure is necessary but the meaning of the construct itself is often presumed rather than interrogated. What... 2024
Melda Gurakar RACE, DISABILITY, AND POLICE MISCONDUCT: A DISCRIT APPROACH TO PRIVACY LAW AND THE KILLINGS OF RYAN GAINER AND SONYA MASSEY 124 Columbia Law Review Forum 221 (12/2/2024) In March 2024, police killed Ryan Gainer, a Black teenager with autism, in his California home after his family sought help during a behavioral crisis. Several months later, police killed Sonya Massey, a Black woman experiencing a mental health crisis, in her Illinois home. This Comment examines the failure of U.S. privacy law to protect disabled... 2024
Sabrina A. Ochoa RACE, RELIGION, AND RECONCILIATION: BUILDING A MOSAIC OF LATINE FAITH FROM THE MARGINS 14 University of Miami Race & Social Justice Law Review 123 (Spring, 2024) Cristo anduvo por ti, mas también lo hizo Pan. Expressed cogently by Anzaldúa in Borderlands/La Frontera, the spaces in-between cultures are often filled with ambiguity, contradiction, and negotiation. These processes are continuously replicated in the history and construction of Latinidad across the United States and Latin America. Religion - as... 2024
Jeremy Bearer-Friend RACE-BASED TAX WEAPONS 14 UC Irvine Law Review 1067 (October, 2024) In the United States, the term poll tax often refers to a very specific tactic of white supremacy: the use of tax policy to prevent voting by Black citizens. While poll tax is an accurate descriptor of these taxes, poll taxes have a much more expansive history within the twentieth century. Following in the rich tradition of comparative tax... 2024
Sahar Aziz RACING RELIGION IN THE PALESTINE-ISRAEL DISCOURSE 118 AJIL Unbound 118 (2024) Race is a Western political project. Religious freedom is a Christian political project. The linkages between the two enabled European nations and their settlers across the globe to condemn natives, slaves, and non-European immigrants to inferior status, and in turn legalize control of their lands and bodies. The consequent race-religion systems of... 2024
Bennett Capers , Gregory Day RECONSTRUCTION, AND THE UNFULFILLED PROMISE OF ANTITRUST 109 Minnesota Law Review 341 (November, 2024) Wealth inequality remains as wide, and as troubling, as it was a half-century ago. While scholars have offered various explanations, there is a contributor that has escaped serious scrutiny: state monopoly power. It is not just that there is a long history of states and municipalities using their monopoly power to protect dominant interests, from... 2024
Benjamin Levin , Kate Levine REDISTRIBUTING JUSTICE 124 Columbia Law Review 1531 (June, 2024) This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives' continued support for the carceral system. Despite progressives' increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal... 2024
Rosário Frada REFUGEE IDENTITIES AT THE MERCY OF LEGAL DETERMINATION 68 Saint Louis University Law Journal 367 (Winter, 2024) The Refugee Status Determination process bears immediate repercussions not only on the formulation of refugee narrative identities, but on how asylum-seekers construct their very sense of self alongside their relationship to their past and future. Yet, International Refugee Law provides no guidance over status determination procedures, establishing... 2024
Joseph Berra, S. Priya Morley REIMAGINING RIGHTS IN THE AMERICAS 28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... 2024
Paula A. Monopoli REMEMBERING THE ORIGINS OF MODERN LEGAL EDUCATION 85 University of Pittsburgh Law Review 305 (Winter, 2024) American legal education came under tremendous pressure in the wake of the 2008 financial crisis. That crisis precipitated a decline in law school applications and a concomitant decrease in the size of American law school enrollments during the 2011-2012 academic year. Commentators offered a myriad of proposals for reforming legal education during... 2024
Eric K. Yamamoto , Hanna Wong Taum REPARATIONS DELAYED: JAPANESE LATIN AMERICANS AND THE UNITED STATES' WWII HUMAN RIGHTS TRANSGRESSIONS 31 Asian American Law Journal 3 (2024) On the basis of determinations of fact and law, the Inter-American Commission concluded that the [United States] is responsible for the violation of articles II (equality before the law) and XVII (fair trial and effective remedy) of the American Declaration of the Rights and Duties of Man .. --The Inter-American Commission on Human Rights April... 2024
Amanda Frost REPARATIVE CITIZENSHIP 65 William and Mary Law Review 651 (February, 2024) The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender,... 2024
Isabel Jones REPRODUCTIVE CONTROL AS A CARCERAL TOOL OF THE STATE - UNDERSTANDING EUGENICS IN A POST-ROE SOCIETY 112 California Law Review 969 (June, 2024) The government has used reproductive control as a carceral tool for centuries, especially against women of color. While scholars anticipate the overturn of Roe v. Wade will exacerbate state surveillance and control over pregnancy, the current pro-choice rhetoric neglects the state's history of policing reproduction through forced sterilization... 2024
Eric S. Fish RESISTING MASS IMMIGRANT PROSECUTIONS 133 Yale Law Journal 1884 (April, 2024) Over the last two decades, U.S. courts have convicted hundreds of thousands of Latin American defendants for misdemeanor immigration crimes. This has mostly happened through a federal program called Operation Streamline. In that program, immigrants are convicted without any semblance of due process. They are charged with the crime of entering the... 2024
Farhang Heydari RETHINKING FEDERAL INDUCEMENT OF PRETEXT STOPS 2024 Wisconsin Law Review 181 (2024) Few topics in policing have received more attention than pretextual traffic stops--traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded... 2024
Joshua J. Schroeder RETHINKING RIGHTS IN A DISAPPEARING PENUMBRA: HOW TO EXPAND UPON REPRODUCTIVE RIGHTS IN COURT AFTER DOBBS 54 New Mexico Law Review 15 (Winter, 2024) In 2022, Dobbs v. Jackson Women's Health Org. overruled Roe v. Wade and Planned Parenthood v. Casey. The Dobbs Court suggested that future cases should similarly overrule other judicially protected rights including the right to marry interracially, to access contraceptives, and to have sex the way you like. The novel grounds Dobbs used to overrule... 2024
Ahilan T. Arulanantham REVERSING RACIST PRECEDENT 112 Georgetown Law Journal 439 (March, 2024) The Supreme Court has long read the Constitution to prohibit state action motivated by racial animus. Courts have applied that prohibition to various forms of governmental decisionmaking, from the individual decisions of judicial officers to constitutional amendments enacted by states. Yet courts have not applied it to their own precedent. No... 2024
Catherine Yenne REVIVING THE ALIEN TORT STATUTE: A ROADMAP TO RECOVERY FOR ASYLUM SEEKERS SUFFERING THE HARM OF REFOULEMENT 60 Idaho Law Review 207 (2024) Envision a young family--two parents and five children--fleeing extortion, sexual assaults, and death threats in their home country of Guatemala. They leave Guatemala and travel through Mexico in search of safety in the United States. While in Mexico, they are robbed, assaulted again, and threatened at gun point. Terrified of the harm they... 2024
  RIGHT TO A JURY TRIAL 53 Georgetown Law Journal Annual Review of Criminal Procedure 653 (2024) 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... 2024
Iva Petkova SAFE HARBOR: REFORMING THE U.S. ASYLUM SYSTEM TO BETTER PROTECT DOMESTIC VIOLENCE SURVIVORS 47 New York University Review of Law and Social Change 423 (2024) The world is facing a growing epidemic of violence against women, with millions of women and girls facing physical, sexual, and psychological harm by their intimate partners. Often, women have no legal recourse or avenues for protection in their home countries, so every year, thousands of domestic violence survivors flee to seek shelter in the... 2024
Ava Ayers SANCTUARY WITHOUT RESISTANCE 28 Lewis & Clark Law Review 1 (2024) Activist movements that embrace the idea of sanctuary for noncitizens are rich with narratives of resistance. These narratives vary; some sanctuary advocates pursue resistance only to specific federal immigration policies, while others offer more radical critiques that challenge the very legitimacy of U.S. immigration law. But when local and state... 2024
Jonathan Liljeblad SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT 27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... 2024
Annie Isabel Fukushima , Jens Nilson, Kaden Richards SEEING RACE & SEXUALITY: CHILD WELFARE & FORCED LABOR 77 Arkansas Law Review 283 (2024) In 2021, California couple Nery Martinez Vasquez and Maura Martinez made headline news after pleading guilty to conspiracy to commit forced labor for forcing a Guatemalan relative and her two daughters to work long hours under poor conditions. They kept the girls out of school with threats that they would be deported. Vasquez and Martinez... 2024
London Jones SEEKING ASYLUM SOMEWHERE OVER THE RAINBOW: THE LONG-TERM EFFECT OF SOUTHERN BORDER RESTRICTIONS UPON LGBTQ+ ASYLUM SEEKERS 48 Seton Hall Journal of Legislation & Public Policy 773 (2024) I. Introduction. 773 II. Background: From Boutilier to Biden, the Generational Disdain Towards Queer Immigration. 775 A. History of LGBTQ+ Immigration and Asylum. 776 B. The Transformation of Title 42. 781 C. New Administration, Same Old Anti-Asylum Sentiment. 784 III.Analysis: The Powerless, The Powerful, and a Plea for Protection. 786 A. Border... 2024
Saloni S. Jaiswal SEEKING THE DIVINE: A PROPOSED METHODOLOGY OF RELIGION TO RESOLVE ADJUDICATIONS OVER THE NEXUS INQUIRY IN RELIGIOUS ASYLUM CLAIMS 2024 University of Chicago Legal Forum 481 (2024) What is religion, and should immigration courts seek to define religion in the context of asylum claims? Under the Immigration and Nationality Act (INA), individuals who have experienced past persecution or fear future persecution because of their religious beliefs can apply for asylum in the United States. Although individuals are afforded these... 2024
Ayelet Shachar SEVERING THE GORDIAN KNOT OF SOVEREIGNTY AND MIGRATION CONTROL 118 AJIL Unbound 188 (2024) The claim that states have an unfettered sovereign right to control their borders and exclude non-citizens from their territory is accepted everywhere without contestation. Yet it is anything but a self-evident truth. While taken for granted today, the assumption that control over migration is the last bastion of sovereignty represents a radical... 2024
Rosa S. Felibert SHOPPING ON THIN ICE: VENUE LIMITS ON ICE DETENTION TRANSFERS TO PREVENT FORUM SHOPPING 65 Boston College Law Review 1099 (March, 2024) Abstract: U.S. Immigration and Customs Enforcement (ICE), the federal agency that manages the world's largest civil immigration detention system, transfers hundreds of detained noncitizens to different detention centers every day at its sole discretion and for any reason, typically without advising the noncitizen's counsel or family. This unchecked... 2024
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