AuthorTitleCitationSummaryYear
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 It took half a century for these laws to be repealed.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
Yochai Benkler STRUCTURE AND LEGITIMATION IN CAPITALISM: LAW, POWER, AND JUSTICE IN MARKET SOCIETY 88 Law and Contemporary Problems 1 (2025) There is nothing magical in the reasoning of judges long dead. This article introduces a new institutional political economy of capitalism that explains the distinctive dynamics that drive sustained productivity growth, recurring social dislocation, and persistent patterns of exploitation in modern market societies. It then analyzes the role of law... 2025
Marielena Hincapié , Distinguished Lecture SYMPOSIUM: DACA MORE THAN TEN YEARS LATER: THE LEGAL, POLITICAL AND SOCIAL LANDSCAPE FIGHTING FOR IMMIGRANT JUSTICE, DEFENDING DEMOCRACY 25 Rutgers Race & the Law Review 197 (2025) The Rutgers Race and the Law Review, Center for Immigrant Justice, Immigrant Rights Collective, Immigrant Rights Clinic, and Rutgers Institute for Professional Education hosted this symposium that provided the latest information regarding the Deferred Action for Childhood Arrivals (DACA) policy and examined its legal, political, and social... 2025
Michael Neal TARGETED BORDER PROSECUTIONS OF MUSLIMS 49 Vermont Law Review 485 (Summer, 2025) Since 2021, Border Patrol agents in Del Rio, Texas, have criminally charged unauthorized border crossers from Muslim-majority countries at a highly disproportionate rate. Among the border crossers were Afghans fleeing from Taliban persecution due to their service to the U.S. government, support for democracy, ethnicity, and religion. Rather than... 2025
Cheyenne Knavel TARGETING CIVILIANS IN THE NAME OF NATIONAL SECURITY: HOW THE NO FLY LIST PERPETUATES POST-9/11 DISCRIMINATION AND INDIVIDUAL RIGHTS VIOLATIONS 84 Maryland Law Review 1043 (2025) In the period following the September 11, 2001, terrorist attacks (9/11), Americans came together in a moment of national unity. This notion of national unity, however, was a pretense for a violent and divisive form of purported American patriotism: The post-9/11 period saw a sharp increase in hate crimes committed against Muslim, Arab, Middle... 2025
M. Isabel Medina TEACHING CONSTITUTIONAL LAW IN POLARIZED TIMES: RIGHTS AND STRUCTURE 72 UCLA Law Review Discourse 482 (2025) Teaching constitutional law today has been impacted by two trends reflecting a polarized electorate and politics: first, recent restrictions targeting education prohibiting the use of critical race theory, critical legal theory, feminist theories, intersectionality, and other critical legal perspectives in the classroom; and second, recent U.S.... 2025
Margaret Montoya TEACHING IN A TIME OF RETRENCHMENT 72 UCLA Law Review Discourse 458 (2025) Constitutional law is the lodestar for law teaching in the United States and is often referred to as the supreme law of the land. But how are this and related bodies of law to be taught? And what should law students learn when ideological shifts in the Supreme Court lead to radical shifts in Constitutional interpretation? This Essay uses the Dobbs... 2025
Blanche Bong Cook , Wei Luo TEACHING SANDRA BLAND: AN ASSESSMENT IN CRIMINAL PROCEDURE INVESTIGATIONS 59 UIC Law Review 55 (Fall, 2025) The traffic stop of Sandra Bland presents a comprehensive in-class assessment for Criminal Procedure Investigations. A decade ago, Brian Encinia, a Texas Trooper, stopped Bland, a Black woman, for failure to signal. The stop quickly escalated into a seizure, when Bland refused to extinguish her cigarette, while she was in her car. Encinia arrested... 2025
Helen Kerwin TEITIOTA AND CLIMATE NON-REFOULEMENT: THE INTERNATIONAL LAW OBLIGATION TO CREATE DOMESTIC PROTECTION MECHANISMS 59 University of San Francisco Law Review 500 (2025) In 2021, the U.N. Human Rights Committee (the Committee) made international headlines with its decision in Teitiota v. New Zealand, which, it proclaimed, opens [the] door to climate change asylum claims. In this case, Ioane Teitiota, a national of Kiribati, alleged that his deportation to Kiribati violated his right to life due to the extreme... 2025
Kevin Herrera TEMPORARY/FOREVER: THE FISSURED ECONOMY, OBSTACLES TO EMPLOYMENT, AND REGULATING THE FUTURE OF EXPLOITATION IN TEMP WORK 56 Loyola University Chicago Law Journal 573 (Summer, 2025) Among workers in United States, contingent and temporary work arrangements have grown to represent a substantial segment of available jobs, with spikes in their predominance corresponding to major economic shake ups like the Great Recession and the COVID-19 pandemic. These arrangements are part of a larger trend of the fissuring of United States... 2025
Christopher Muhawe THE (IN)VISIBLE IMMIGRANT'S PRIVACY 9 Georgetown Law Technology Review 290 (2025) Digital technology has significantly augmented U.S. immigration enforcement. For refugees and asylum seekers, navigating the immigration system involves traversing a complex data labyrinth. Their personal information is collected and used by both immigration authorities and private entities, often without transparency and accountability. This... 2025
Emily R. Chertoff , Jessica Bulman-Pozen THE ADMINISTRATIVE STATE'S SECOND FACE 100 New York University Law Review 727 (June, 2025) We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which... 2025
Dawn D. Bennett-Alexander THE ANATOMY OF CREATING A NEW LEGAL DISCIPLINE IN WHICH INTERSECTIONALITY IS INTEGRAL: TEACHING EMPLOYERS TO ACCEPT THE IMPORTANCE OF WORKPLACE DISCRIMINATION AND UNDERSTANDING THE CONNECTION BETWEEN THE INTERSECTIONALITY MESSAGES WE RECEIVE AND HOW THEY 76 Mercer Law Review 647 (April, 2025) The Author created the first law course in the country for colleges of business that taught business students how to recognize and work to avoid the genesis of workplace discrimination legal claims that lawyers are then called upon to handle, many of which are firmly rooted in intersectionality. That is, Title VII of the Civil Rights Act of 1964... 2025
Jamie C. Cooper THE ASSIMMIGRATION MATRIX: DISMANTLING FAMILIES AND ASSIMILATING THE CHILDREN LEFT BEHIND 56 Seton Hall Law Review 425 (2025) As mass deportation of Black and brown noncitizen parents materializes, the threat of family separation is being realized for millions of families in the United States. In the process, these families will face a harmful confluence of systems, which I refer to as the assimmigration matrix. When laws governing family, child welfare, and... 2025
Kara W. Swanson THE BORDER POLITICS OF PATENTS AND THE IMMIGRANT INVENTOR 103 Texas Law Review 1555 (June, 2025) In the twenty-first-century United States, patents--government grants of exclusive rights to the originator of a new and useful invention--are part of the politics of the border. Patents are relevant to the U.S. border in at least three ways. First, patents, as federal government grants limited in effect to U.S. territory and also the subject of... 2025
Esther K. Hong THE CARCERAL STATE(S) 30 Michigan Journal of Race and Law 1 (Spring, 2025) The carceral state is everywhere. Legal and social science scholars are increasingly using the carceral state concept to criticize various aspects, or even the entirety, of the United States. But despite how popular and common this term has become in writings about mass incarceration, criminal processes and punishments, and other forms of social... 2025
Nicole Theriot THE CASE FOR CLIMATE REFUGEE PROTECTION 39 Notre Dame Journal of Law, Ethics & Public Policy Online 849 Supplement(2025) The United States is often described as a nation of immigrants because of the country's unique and storied history of bringing people together from different cultures, religions, and ethnicities around the world to form a new nation. In 1788, President George Washington famously wrote that he always hoped that this land might become a safe &... 2025
Joseph Choe THE CBP ONE APP: A VIRTUAL MANIFESTATION OF THE AMERICAN GOVERNMENT'S FAILURE TO UPHOLD ITS MORAL AND LEGAL OBLIGATIONS TO ASYLUM SEEKERS 30 Public Interest Law Reporter 152 (Spring, 2025) CBP One was an application utilized by the United States government as a part of the immigration system. During the Biden administration, CBP One was increasingly relied upon to facilitate the asylum process until it eventually became the mandatory method for migrants fleeing danger in their home countries to enter the United States to request... 2025
Nicholas Serafin THE CORRUPTION OF BLOOD AS METAPHOR 84 Maryland Law Review 597 (2025) Article III, Section 3 of the United States Constitution states that Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood. Corruption of blood was a common law punishment according to which individuals adjudged guilty of treason were deemed to possess corrupt blood and thus... 2025
Ediberto Roman THE DEMONIZATION OF AMERICA'S ECONOMIC ENGINE 32 William and Mary Journal of Race, Gender, and Social Justice 39 (Fall, 2025) They're bringing drugs, they're bringing crime, they're rapists . --President Donald Trump [T]ey'Dre not humans. They're animals. --President Donald Trump They don't talk about the death and destruction caused by people that shouldn't be here. --President Donald Trump [We] have millions and millions of people pouring into our country. --President... 2025
Veronica Tobar Thronson THE DERIVATIVE DILEMMA: THE GENDERED ROLE OF DEPENDENCY IN IMMIGRATION LAW 28 University of Pennsylvania Journal of Law and Social Change 147 (2025) Introduction. 147 I. Relationships, Dependency, and Immigrants. 150 A. Family-Sponsored Immigration. 151 1. Conditional Status. 154 2. The Violence Against Women Act. 156 B. Employment-Based Immigration. 156 II. Relationships, Dependency, and Nonimmigrants. 158 A. Students. 159 B. Professionals in Specialty Occupations. 160 III. Relationships,... 2025
Alice Hamilton Farmer THE DISCRETION LOOPHOLE: EXECUTIVE POWER, INTERNATIONAL REFUGEE LAW, AND THE EROSION OF ASYLUM PROTECTIONS IN THE UNITED STATES 36 Stanford Law and Policy Review 1 (July, 2025) Since 2018, multiple presidential administrations have used the discretion provision - an obscure quirk of United States legislation--to justify wide-reaching changes in asylum policy that run counter to international law. The grant of asylum in the United States has long been at the discretion of the adjudicator, whereas under international law,... 2025
Evelyn Marcelina Rangel-Medina THE DISPOSABLE "ESSENTIAL" WORKERS OF COVID-19 66 Boston College Law Review 69 (January, 2025) Introduction. 71 I. Structural Inequalities in Low-Wage Essential Employment. 76 A. Six Structural Factors Underlying Inequality in Employment. 76 B. COVID-19 Exacerbated Structural Inequity for Low-Wage Workers of Color. 82 C. Essential Workers in the Food Chain System During COVID-19. 88 1. Agricultural Essential Workers. 89 2. Meatpacking... 2025
Chloe Schalit THE ELUSIVE NEXUS STANDARD: DIFFERING APPROACHES TO THE ASYLUM NEXUS STANDARD AS APPLIED TO RELIGIOUS PERSECUTION PERPETRATED BY GANGS 33 American University Journal of Gender, Social Policy and the Law 237 (2025) I. Introduction. 238 II. Background. 242 A. The Asylum Definition and the Nexus Requirement Generally. 242 B. The Asylum Nexus Requirement Circuit Split. 244 1. The Circuit Split Majority's Narrow Approach. 244 2. The BIA's Narrow Approach to Nexus. 245 3. The Broader Interpretations: The Fourth Circuit's Approach to Nexus and the Supreme Court's... 2025
Elizabeth Choo THE FALSE PROMISE OF IMMIGRATION DETERRENCE: UNAUTHORIZED MIGRANTS' DECISION-MAKING IN THE FACE OF U.S. IMMIGRATION LAW 48 New York University Review of Law and Social Change 161 (2025) Politicians justify U.S. immigration laws and policies by claiming that harsh immigration enforcement will deter unauthorized migrants. This Article demonstrates that migrant decision-making in practice undermines common assumptions underlying how immigration deterrence is expected to operate. By highlighting research demonstrating that immigration... 2025
Joseph M. Frengel II THE HAITIAN REVOLUTION, ANTI-HAITIANISM, AND THE EVOLUTION OF EXCLUSIONARY IMMIGRATION POLICY IN THE UNITED STATES 20 Intercultural Human Rights Law Review 483 (2025) In 1804, the Haitian Revolution changed the course of history. By overthrowing the French, Haiti became the first nation to abolish slavery, the first black republic, and the second independent nation in the western hemisphere after the United States. This was the downfall of the French empire, and in the following years European nations began to... 2025
Lindsay Nash THE IMMIGRATION SUBPOENA POWER 125 Columbia Law Review 1 (January, 2025) For over a century, the federal government has wielded the immigration subpoena power in darkness, forcing private individuals, subfederal governments, and others to help it detain and deport. This vast administrative power has remained opaque even to those who receive these subpoenas and invisible to those it affects most. Indeed, the very people... 2025
Nadia B. Ahmad THE IMPERCEPTIBILITY OF MUSLIM IDENTITY 28 CUNY Law Review 169 (Winter, 2025) This article examines the challenges facing Muslim Americans, particularly Muslim women, as they confront systemic bias, intersectional oppression, and the racialization of religion in the United States. Through personal narrative and critical legal scholarship, it explores the pervasive nature of Islamophobia in political, academic, and societal... 2025
Alexander Brown THE INTERNET OF HATE: COMPARING THE NATURE, HARMS, AND REGULATORY CHALLENGES OF ONLINE AND OFFLINE HATE SPEECH 53 Georgia Journal of International and Comparative Law 203 (2025) C1-2Table of Contents I. Introduction. 204 II. Access and Reach. 209 III. Anonymity and Invisibility. 213 IV. Communities of Hate. 219 V. Competition for Attention and Game Play/Gamification. 223 VI. Automated Detection/Moderation and AI-Generated Hate Speech. 229 VII. Instantaneousness. 236 VIII. Target Demographics. 240 IX. Harm. 244 X.... 2025
Ran Hirschl , Ayelet Shachar THE INVENTION OF SPORTING NATIONALITY: HOW TRANSNATIONAL LAW TAMED "THE LAST BASTION OF SOVEREIGNTY" 43 Berkeley Journal of International Law 187 (2025) This Article investigates how and why private global actors have created an enforceable transnational legal framework to tame the near-unqualified discretion of States in what appears to be, at first blush, the most sovereigntist of decisions: who may represent the nation, and according to what criteria. Based on a novel and comprehensive study of... 2025
Yuvraj Joshi THE LAW OF RACIAL RESENTMENT 72 UCLA Law Review 424 (September, 2025) Racial resentment, stemming from perceptions that one racial group has unfairly lost opportunities to another, has profoundly shaped decades of affirmative action law. Affirmative action programs emerged in the 1960s to counteract racial discrimination and expand opportunities for racial minorities. However, some white applicants soon viewed these... 2025
James T. Campbell THE LAW OF THE TERRITORIES: SHOULD IT EXIST? 134 Yale Law Journal Forum 448 (2024-2025) February 10, 2025 abstract. The Law of the Territories is becoming an increasingly prominent academic heading for legal scholarship concerning the liminal status of U.S. territories. This Essay argues that the incipient momentum of this emerging field presents an obstacle rather than a pathway to meaningful scholarly engagement, sidelining... 2025
Matthew Boaz THE MIGRATION OF ABOLITION THEORY 103 North Carolina Law Review 385 (January, 2025) This Article considers whether and how theories of abolition developed by criminal law scholars are transferrable to the realm of immigration enforcement. A key question is how abolitionist principles might be employed in support of critiques of the United States' immigration regulatory regime in the same way that these principles have been... 2025
Valeria Gomez THE NEW ABORTION BORDERS FOR IMMIGRANT WOMEN 43 Minnesota Journal of Law & Inequality 1 (Spring, 2025) In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, the United States has become a fragmented patchwork of state laws imposing varying degrees of restrictions and penalties on abortion. This paper examines the profound implications of these developments for noncitizen women, whose rights and mobility are... 2025
David B. Owens THE OBJECTIVE OBSERVER: THE WASHINGTON STATE SUPREME COURT'S REMEDIAL ASPIRATIONS AND EXPERIENCE ON THE GROUND 100 Washington Law Review 325 (June, 2025) Abstract: The Washington State Supreme Court has adopted an objective observer rule for addressing whether race impacted jury selection and extended this rule to evaluating all aspects of Washington courts, including jury trials. The objective observer rule allows courts to evaluate whether decisions in those courtrooms could be viewed as the... 2025
Laila L. Hlass THE PARADOX OF IMMIGRANT CHILDREN'S RIGHTS 104 Texas Law Review Online 142 (2025) The American Law Institute is set to release a first ever Restatement of the Law in the area of Children and the Law to address the increasingly convoluted treatment of children across legal systems. Children's rights scholars have long critiqued law's historic treatment of children as mere objects, instead of subjects. While the Supreme Court has... 2025
Karla McKanders THE RACIALIZED RETALIATORY STATE: WEAPONIZING IMMIGRATION LAW TO CRIMINALIZE DISSENT 32 William and Mary Journal of Race, Gender, and Social Justice 63 (Fall, 2025) Just days before his ICE arrest in February 2019, 21 Savage, birth name-- She'yaa Bin Abraham-Joseph--a British-born American rapper of Caribbean descent--performed a song on The Tonight Show that included lyrics critical of family separations at the United States-Mexico border and other injustices: The gas was off, so we had to boil up the... 2025
Elana Fogel , Kate Evans THE ROAD TO SLOW DEPORTATION 74 Duke Law Journal 1389 (March, 2025) Traffic stops are the most common form of police-initiated contact with members of the public. The sheer volume of traffic stops combined with their use as a pretext to surveil Black and Latiné communities has generated substantial scholarship and movements for police reform. Yet this commentary assumes that the subjects of traffic stops are U.S.... 2025
Stephen M. Feldman THE ROBERTS COURT AND THE MEANING OF 1937: INDIVIDUAL RIGHTS, DEMOCRACY, AND MINORITY RULE 16 Alabama Civil Rights & Civil Liberties Law Review 1 (2024-2025) I. Introduction. 2 II. Republican Democracy: Strength and Strain. 9 A. The Framing of the Constitution. 11 B. Republican Democracy After the Framing. 21 C. Republican Democracy Strained. 32 III. Pluralist Democracy: Emergence and Development. 41 A. The New Deal and Pluralist Democracy. 42 B. Pluralist Democratic Judicial Review. 52 C. The Warren... 2025
Laila L. Hlass THE SLOW DEATH OF CHILDHOOD FOR IMMIGRANT YOUTH 19 Harvard Law & Policy Review 539 (Spring, 2025) As a first-ever scholarly application of slow violence theory to immigrant youth, this Article conceptualizes the slow death of childhood that many children experience in the U.S. immigration system due to prolonged periods of waiting, resulting in uncertainty and forms of exclusion from society. Humanitarian immigration protections have the... 2025
Samuel A. Thumma , Michael O. Miller THE SLUMP: INFAMOUS UNITED STATES SUPREME COURT DECISIONS FROM THE GILDED AGE, EXPLANATIONS ABOUT WHAT HAPPENED, AND WHY IT MATTERS NOW 28 Journal of Gender, Race and Justice 1 (Winter, 2025) I. Introduction. 3 II. An Overview of the Gilded Age. 7 III. Constitutional Amendments Ratified During the Gilded Age. 10 A. The Thirteenth Amendment. 11 B. The Fourteenth Amendment. 11 C. The Fifteenth Amendment. 13 IV. The Supreme Court During the Gilded Age. 13 V. The Slump Cases. 16 A. The Slaughter-House Cases, 83 U.S. 36 (1873). 17 1.... 2025
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