| Author | Title | Citation | Summary | Year |
| Obiora Chinedu Okafor , Gabriella Sanchez , Sarah Soto |
THE SOLIDARITY SPECTRUM: DE-SOLIDARITY, ANTI-SOLIDARITY, AND RESISTANCE |
119 AJIL Unbound 13 (2025) |
In this essay, we examine legal and political challenges to solidarity with and among migrants. We begin by describing the disturbing and powerful turn toward de-solidarity, particularly in some Global North countries, that threatens to undermine the global refugee and migration law regime. Politicians seek to capitalize upon racial fears of... |
2025 |
| Marco Basile |
THE SPLINTERING OF AMERICAN PUBLIC LAW |
92 University of Chicago Law Review 1529 (October, 2025) |
Constitutional tradition has never mattered more for arguing about what the Constitution means. Yet the very idea of a constitutional tradition presents a shape-shifting target. Rather than an entirely distinct body of law, early U.S. constitutional law mixed and blurred with the law of nations in a broader category of public law that, unlike... |
2025 |
| Jean-Marie Kamatali |
THE STATE OF HUMAN RIGHTS IN THE UNITED STATES OF AMERICA: LESSONS LEARNED FROM THE LAST THREE UNIVERSAL PERIODIC REVIEWS |
33 Tulane Journal of International and Comparative Law 515 (Spring, 2025) |
I. Introduction. 516 II. The UN Human Rights Council, the Universal Period Review, and the United States. 517 A. UPR as a Universal Review. 518 B. UPR as a Periodic Review. 519 C. The UPR as a Review. 519 D. HRC, UPR, and the United States. 521 E. Understanding UPR Reports. 523 III. The State of Human Rights in the U.S: Three Review Cycles, Three... |
2025 |
| Agnes Mung |
THE TICKING CLOCK: PRESERVING ASIAN ETHNIC ENCLAVES WITHIN THE UNITED STATES |
33 Elder Law Journal 261 (2025) |
Asian ethnic enclaves first formed in the United States due to a plethora of discriminatory federal and state legislation. However, in recent years, Asian ethnic enclaves have been rapidly disappearing due to gentrification and displacement. These changes have disproportionately affected older Asians, many of whom are low-income with limited... |
2025 |
| Yamel C. Herrera |
THE UNREMARKED: A CULTURAL ANALYSIS ON ACCESS TO APPLIED BEHAVIOR ANALYSIS THERAPY FOR AUTISM BY ETHNIC-MINORITY AND IMMIGRANT CHILDREN |
27 Scholar: St. Mary's Law Review on Race and Social Justice 52 (2025) |
Introduction. 53 I. History. 55 A. What is Behavioral Health and who Needs It?. 55 B. What is Autism Spectrum Disorder and Who is Affected by It?. 56 C. What is Applied Behavior Therapy?. 58 D. How Accessible are Federal Benefits to This Demographic. 59 E. What Responsibilities do Public Schools Have to Help?. 61 II. Analysis. 62 A. Why do Racial... |
2025 |
| Khaled A. Beydoun |
THE WORLD CUP AS A RACIAL REBUILT PROJECT |
2025 Utah Law Review 805 (2025) |
Scholars, particularly Critical Race Theorists, have written trenchantly about the law's role in racial formation. Yet, while instrumental in this process, the law does not stand alone as a conduit of making race. Particularly for misrepresented groups, like Arabs, who struggle to find existential self-determination between imperial identity... |
2025 |
| César Cuauhtémoc García Hernández |
THE WRETCHED ALL AROUND |
47 University of Arkansas at Little Rock Law Review 567 (Summer, 2025) |
Instead of using the criminal legal system to identify people to imprison and deport, the United States must reconstruct immigration law and reimagine citizenship. Instead of a zero-sum game in which those of us born into our citizenship limit who else can access this all-important tie to the nation, we should think of citizenship as the constantly... |
2025 |
| Maxwell R. Massey |
THEN THEY CAME FOR ME: IS THE ASYLUM PROCESS PREPARED? |
27 Scholar: St. Mary's Law Review on Race and Social Justice 231 (2025) |
Introduction. 232 I. History. 238 A. Political Landscape. 238 B. Post War Legislation. 239 II. Analysis. 253 III. Solution. 264 A. Preparing for a Possible Crisis. 264 B. Remove the Quotas. 265 Conclusion. 265 |
2025 |
| K. Sabeel Rahman |
TOWARDS A RECONSTRUCTIVE POLITICS |
88 Law and Contemporary Problems 117 (2025) |
In the winter of 1872, political factions battled for control of Reconstruction Louisiana. After the swearing-in of local Republican officials who had claimed victory in the recent elections, a group of Black freedpersons dug trenches around the Grant Parish courthouse, seeking to hold the position against an armed insurrection. They feared the... |
2025 |
| Lauren E. Bartlett |
TOWARDS THE ABOLITION OF THE IMMIGRATION DETENTION OF CHILDREN IN THE UNITED STATES |
59 University of San Francisco Law Review 393 (2025) |
Detaining migrant children, even for short periods of time, is traumatic and has negative, long-lasting impacts on adolescent health and well-being. Human rights courts, treaty bodies, and experts agree that the detention of children based solely on migration status is never in the best interests of the child and is a clear human rights violation.... |
2025 |
| Rachel Bunning Ramirez |
UNDERSTANDING THE SCOPE OF PROTECTIONS AGAINST DOMESTIC VIOLENCE AVAILABLE TO IMMIGRANT PEOPLE IN THE UNITED STATES AND OTHER COUNTRIES BASED ON RELATIONSHIP STATUS versus THE NATURE OF THE ABUSE |
42 Arizona Journal of International and Comparative Law 143 (2025) |
C1-2Table of Contents I. Introduction. 144 II. Definitions and Explanations. 145 A. Spouse and Marriage. 145 B. Domestic Violence. 146 1. Alien. 147 2. The Scope of Relationships in this Note. 147 3. The Scope of Domestic Violence Protections in this Note. 147 III. Background and History of Domestic Violence in the U.S.. 148 IV. The... |
2025 |
| Jennifer A. Conlon |
UNDOING TRUMP-ERA IMMIGRATION POLICIES: THE END OF TITLE 42 AND THE FUTURE OF U.S. ASYLUM LAW |
33 Tulane Journal of Law & Sexuality 69 (2025) |
I. Introduction. 70 II. The Global Refugee Crisis. 73 A. The Crisis at the U.S.-Mexico Border. 73 B. LGBTQ+ Asylum Seekers at the U.S.-Mexico Border. 74 III. Overview of U.S. Asylum Law. 76 A. A History of Restrictionist Rhetoric. 76 B. The Immigration and Nationality Act. 79 C. Deference to the Executive Branch. 81 D. Changes to Asylum Under the... |
2025 |
| Alexis Hoag-Fordjour |
UNIVERSAL PUBLIC DEFENSE |
60 Harvard Civil Rights-Civil Liberties Law Review 661 (Spring, 2025) |
This Article introduces a provocative thought experiment: state-funded counsel as a universal mandate for all people facing criminal charges. Said another way, universal public defense for everyone, even defendants who could otherwise afford representation. The Sixth Amendment currently protects the right to counsel of choice for people who can... |
2025 |
| Thomas Michael McDonnell |
UNSAFE AT ANY SPEED: "SAFE THIRD COUNTRY AGREEMENTS"--OFFSHORING AND ERODING LEGAL PROTECTIONS OWED TO REFUGEES AND ASYLUM SEEKERS |
53 Fordham Urban Law Journal 17 (October, 2025) |
Introduction. 18 I. Safe Third Country Agreements and Forcible Refugee Transfer Practices. 25 A. The Second Trump Administration, Safe Third Country Agreements, Extraordinary Rendition, and Other Arrangements to Transfer Asylum Seekers by Force. 25 B. The European Union's Creating Rules to Transfer Migrants and Asylum Seekers to Third Countries. 39... |
2025 |
| Joe Schomberg |
VESTIGIAL FISCAL CONSTITUTIONS |
99 Saint John's Law Review 49 (2025) |
In 2008, the city of Chicago sold its city-wide parking meter system to the highest bidder. In January 2019, Arizona Governor Doug Ducey announced, Arizona will finally own our state Capital building again .. And in 2024, the California legislature made plans to delay its June 30, 2025, payday for state employees by just 24 hours. These types of... |
2025 |
| Brockton D. Hunter |
VETERANS, VIOLENT EXTREMISM, AND INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM: HISTORICAL PATTERNS, CAUSAL FACTORS, AND INTERVENTION OPPORTUNITIES |
21 University of Saint Thomas Law Journal 10 (Winter, 2025) |
This article is dedicated in the memory of Dr. Evan R. Seamone, a warrior, scholar, and tireless advocate for his fellow veterans. In May and June of 2020, in the wake of the murder of George Floyd by a Minneapolis police officer--and the protests and riots that followed--members of the Boogaloo Movement, an anti-government extremist group--many of... |
2025 |
| Tania N. Valdez |
WHAT THE "GOOD MORAL CHARACTER" TEST REVEALS ABOUT EUGENICS IN IMMIGRATION LAW |
105 Boston University Law Review 1491 (September, 2025) |
C1-2Contents Introduction. 1492 I. Eugenics & Immigration Law. 1495 A. The Eugenics Movement. 1495 B. Eugenics in Immigration Law. 1498 II. Good Moral Character in Three Naturalization Cases. 1499 A. Estrin v. United States (1935). 1500 B. Repouille v. United States (1947). 1501 C. Johnson v. United States (1951). 1505 III. Lessons from Repouille... |
2025 |
| Erik Salvatore Nilsen |
WHY THE U.S. SHOULD ADOPT A CLIMATE REFUGEE INCLUSIVE IMMIGRATION POLICY |
31 U.C. Davis Journal of International Law and Policy 114 (Spring, 2025) |
C1-2TABLE OF CONTENTS ABSTRACT. 115 I. IMPACT OF CLIMATE CHANGE ON HUMAN DISPLACEMENT. 116 II. U.S. LAW AND CLIMATE REFUGEES. 120 A. ASYLUM. 121 B. TEMPORARY PROTECTED STATUS/HUMANITARIAN PAROLE. 122 C. EFFORTS BY THE UNITED STATES TO EXTERNALIZE REFUGEE FLOWS. 124 D. THE COMPACTS OF FREE ASSOCIATION AND CLIMATE CHANGE. 126 III . THE CASE FOR WHY... |
2025 |
| Robert M. Sanger |
WHY WE DISAGREE ABOUT INEQUALITY: SOCIAL JUSTICE vs. SOCIAL ORDER BY JOHN ICELAND, ERIC SILVER, AND ILANA REDSTONE, POLITY (2023) |
49-MAY Champion 57 (May, 2025) |
The purpose of this book is perplexing. The title suggests that it will address the causative factors that result in disagreement about inequality in social discourse. While causation is elusive, if not unknowable, in fairly simple circumstances, accounting for the development of political ideas in a given society would involve a complex... |
2025 |
| Carrie Hempel , Gowri J. Krishna |
WITHIN THE LAW, BEYOND EXPLOITATION: THE EVOLUTION OF IMMIGRANT WORKER COOPERATIVES |
52 Fordham Urban Law Journal 931 (April, 2025) |
This Article explores worker cooperatives as a viable and legally permissible pathway for immigrants without work authorization to participate in the United States economy. Due to federal immigration laws that penalize employers for hiring workers without authorization, these immigrants face systemic exclusion from formal employment. Yet,... |
2025 |
| Ethan W. Smith |
WORKING AT THE SPEED OF PROFIT: MEATPACKING WORKERS AND THE CENTURY-OLD PROBLEM OF LINE SPEED |
48 New York University Review of Law and Social Change 121 (2025) |
For over a century, worker concerns over the dangers of line speed have been well documented. Despite this, line speed--the rate at which workers are expected to perform discrete tasks along a meat processing line--is set at the federal level without any consideration of the impact on workers. The result is a persistent history of oppressive... |
2025 |
| Alana Ackerman , Department of Anthropology, University of Illinois at Urbana-Champaign, Urbana, Illinois, USA |
"EVERYTHING I HAVE SEEN THERE, THAT I KNOW .": WITNESSING THE COLOMBIAN ARMED CONFLICT THROUGH REFUGEES' NARRATIVES OF IMPLICATION |
47 PoLAR: Political and Legal Anthropology Review 49 (May, 2024) |
In this article, I engage with the predicament of witnessing as a condition for persecution and displacement. I argue that observing violence during war is a critical form of implication. In the context of the Colombian armed conflict, members of armed groups often threaten the lives of those who observe their acts of violence, producing a chain of... |
2024 |
| Laura Jimenez Garcia |
"EXTRAORDINARY" TIMES CALL FOR "COMPELLING" MEASURES: REFORMING THE FIRST STEP ACT'S COMPASSIONATE RELEASE MECHANISM FOR NONCITIZEN DETAINEES |
58 Georgia Law Review 1457 (Spring, 2024) |
Year after year, America's carceral state reaches new and more concerning heights. In this era of mass incarceration and criminalization of immigration status, imprisonment costs have skyrocketed, and the quality of life in prisons has plummeted. In response, Congress passed the First Step Act in 2018, which reformed federal sentencing practices.... |
2024 |
| Steffi Colao |
"LOATHSOME AND DANGEROUS": TIME TO REMOVE SYPHILIS AND GONORRHEA AS GROUNDS FOR INADMISSIBILITY |
71 UCLA Law Review 420 (April, 2024) |
In this Comment, I examine the ways the United States has managed its borders and population through health-based exclusions that often serve as a proxy for race-based exclusions. I look specifically at how two sexually-transmitted infections (STIs)--syphilis and gonorrhea--became and remain grounds for inadmissibility. Since 1891, certain... |
2024 |
| Elena V. Cordonean |
"REMAIN IN MEXICO" POLICY AND ITS PROGENY: IS THERE HOPE? |
52 Southwestern Law Review 623 (2024) |
Mommy, I don't want to die! --These were the words of a seven-year-old girl to her mother after they were returned to Nuevo Laredo, where they were later kidnapped. It is nearly impossible to fathom the idea that migrants seeking refuge from torture can be sent back to the environment they desperately fled from. However, this is the fate of... |
2024 |
| Nicole Dillard , Esperanza Sanchez |
. BUT WORDS CAN ALSO HURT YOU: HOW HATE SPEECH CONTRIBUTED TO HARMFUL IMMIGRATION POLICY |
27 University of the District of Columbia Law Review 86 (Spring, 2024) |
On June 16, 2015, Donald J. Trump descended a golden escalator into the atrium of Trump Tower in New York City to announce his candidacy for president. After commenting on the crowd size in his opening remarks, Mr. Trump turned his attention to China, Japan, and Mexico, assailing them as economic competitors. They beat us all the time, he railed.... |
2024 |
| Bijal Shah |
A CRITICAL ANALYSIS OF SEPARATION-OF-POWERS FUNCTIONALISM |
84 Ohio State Law Journal 1007 (2024) |
The separation of powers, and the narrow formalist/functionalist tension on which this framework rests, is in need of moral grounding. A critical legal perspective could enable administrative law and separation-of-powers scholars to better articulate overlooked problems, stakes, and possibilities, as a theoretical, normative, and prescriptive... |
2024 |
| Nicole Sequeira Tashovski |
A CRITICAL RACE THEORY ANALYSIS: THE ROLE OF RACIALIZATION, THE WHITE RACIAL FRAME, AND INSTITUTIONAL POWER IN CALIFORNIA EUGENICS STERILIZATIONS |
21 UC Law Journal of Race and Economic Justice 157 (February, 2024) |
C1-2Table of Contents Introduction. 158 Part I: Background. 161 Skinner v. Oklahoma. 161 The Eugenics Movement. 162 Part II: Dominant Critical Race Theory Themes in the Eugenics Movement. 164 White Supremacy and Systemic Racism. 165 The Construction of Race and Racialization. 166 The White Racial Frame. 168 Institutional Control. 169 Control of the... |
2024 |
| Simone Stover |
A FEEDBACK LOOP OF EXCLUSION: THE TREATMENT OF BILINGUALISM IN THE COURTROOM |
119 Northwestern University Law Review 489 (2024) |
Abstract--In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing... |
2024 |
| Michael C. Blumm , Daniel J. Rohlf , Adam Eno |
A HALF-CENTURY OF PACIFIC SALMON SAVING EFFORTS: A PRIMER ON LAW, POLICY, AND BIOLOGY |
64 Natural Resources Journal 137 (Summer, 2024) |
Pacific salmon, the signature species of the Pacific Northwest, have declined across their range for well over a century, due to a myriad of human-caused effects on their habitat and the fish themselves. Restoration efforts--some successful, some halting--began in earnest in the late 20th century, with considerable attention focused on the Columbia... |
2024 |
| James Cavallaro , Silvia Serrano Guzmán , Jessica Tueller |
A NEW PATH FORWARD? HOW ATTENTION TO ECONOMIC, SOCIAL, CULTURAL, AND ENVIRONMENTAL RIGHTS COULD INCREASE U.S. INDIGENOUS AND AFRICAN-AMERICAN CIVIL SOCIETY ENGAGEMENT WITH THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
28 UCLA Journal of International Law and Foreign Affairs 39 (Fall, 2024) |
This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil... |
2024 |
| Natalie Smith |
A PATH TO CLIMATE ASYLUM UNDER U.S. LAW |
124 Columbia Law Review 1779 (October, 2024) |
Clarifying the extent to which existing legal regimes afford protection to climate migrants must be part of an effective and coordinated response to climate change. This Note argues that climate refugees, a group which it narrowly defines as those who meet the requirements of the 1951 Refugee Convention because they have experienced climate... |
2024 |
| Jessica Levin |
A PATH TOWARD RACE-CONSCIOUS STANDARDS FOR YOUTH: TRANSLATING ADULTIFICATION BIAS THEORY INTO DOCTRINAL INTERVENTIONS IN CRIMINAL COURT |
35 UC Law SF Journal on Gender and Justice 83 (May, 2024) |
This article demonstrates how advocates can leverage empirical literature regarding adultification bias to craft doctrinal interventions that recognize and remedy the disproportionately harsh treatment of Black youth in the juvenile and adult criminal legal system. Through case examples, all of which I litigated in the Civil Rights Clinic at... |
2024 |
| Matthew Burnett , Rebecca L. Sandefur |
A PEOPLE-CENTERED APPROACH TO DESIGNING AND EVALUATING COMMUNITY JUSTICE WORKER PROGRAMS IN THE UNITED STATES |
51 Fordham Urban Law Journal 1509 (September, 2024) |
Around the country, jurisdictions are exploring new routes to expand access to justice by empowering community justice workers to provide legal services. Though such activities are often regarded as new, some have existed for decades--people without law licenses have long been authorized to provide representation in immigration matters, Tribal... |
2024 |
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
| Tom I. Romero, II |
A RPL IN TIME: A BROWN BUFFALO'S OBSERVATIONS ON THE ONGOING STRUGGLE OF CIVIC AND RACIAL NATIONALISM IN HIGHER EDUCATION--CIRCA 2023 |
101 Denver Law Review 497 (Spring, 2024) |
C1-2Table of Contents I. Author's Testimonio: I am a Chicano by ancestry and a Brown Buffalo by choice.. 497 II. The Age of Confusion. 500 III. The Revolt[s] of the Cockroach Peoples. 503 IV. The Ongoing (Auto) Biographies of Brown Buffaloes. 508 V. Author's Postscript: Radical Hope, Buffaloes, and Dreaming Freedom in Higher Education. 516 |
2024 |
| María Luz García , Sociology, Anthropology, and Criminology Department, Eastern Michigan University, Ypsilanti, Michigan, USA |
A SCANDALOUS PRESENCE IN THE COURTROOM: INDIGENOUS IMMIGRANT INTERPRETERS AND THE POLITICS OF LANGUAGE IDEOLOGIES IN US COURTS |
47 PoLAR: Political and Legal Anthropology Review 209 (November, 2024) |
This article analyzes how the experiences and observations of Indigenous people from Latin America who work as legal interpreters reveal the ways that the position of court interpreter is racialized. The meaning of the norms of the invisibility and neutrality of the interpreter and the role of the interpreter as erasing barriers become points... |
2024 |
| Maryam Jamshidi |
A TRANSFORMATIONAL AGENDA FOR NATIONAL SECURITY |
2024 University of Chicago Legal Forum 161 (2024) |
Past efforts to reimagine national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national... |
2024 |
| Alejandro E. Camacho , Elizabeth Kronk Warner , Jason McLachlan , Nathan Kroeze |
ADAPTING CONSERVATION GOVERNANCE UNDER CLIMATE CHANGE: LESSONS FROM INDIAN COUNTRY |
110 Virginia Law Review 1549 (November, 2024) |
Anthropogenic climate change is increasingly causing disruptions to ecological communities upon which Natives have relied for millennia. These disruptions raise existential threats not only to ecosystems but to Native communities. Yet no analysis has carefully explored how climate change is affecting the governance of tribal ecological lands. This... |
2024 |
| Susan Bibler Coutin, Walter J. Nicholls |
ADMINIGRATION: CITY-LEVEL GOVERNANCE OF IMMIGRANT COMMUNITY MEMBERS |
49 Law and Social Inquiry 1595 (August, 2024) |
The concept of adminigration provides a much-needed lens in theorizing immigration enforcement, citizenship, and urban geographies. We define adminigration as the governance of immigrant community members through city-level policies and programs, whether or not these explicitly focus on immigrants. Our focus on adminigration involves three... |
2024 |
| Bijal Shah |
ADMINISTRATIVE SUBORDINATION |
91 University of Chicago Law Review 1603 (October, 2024) |
Much of the scholarship on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable and marginalized people as a result of individualized bias or arbitrariness in administration. This Article argues that, beyond idiosyncrasies or flaws in administrators themselves, the poor impact of administration on... |
2024 |
| Huyen Pham, Joseph Thai |
AFFIRMATIVE ACTION'S ASIAN AMERICAN PROBLEM |
57 Loyola of Los Angeles Law Review 587 (Summer, 2024) |
Asian American opponents of affirmative action have received both credit and blame for their pivotal role in toppling racial preferences in university admissions in Students for Fair Admissions v. Harvard (SFFA). Allied conservatives highlighted evidence of discrimination against Asian American applicants as a compelling reason to dismantle... |
2024 |
| Gabriel J. Chin, Paul Finkelman |
AFTERWORD: A REPLY TO COMMENTATORS |
65 William and Mary Law Review 1197 (April, 2024) |
We are extremely grateful to the distinguished scholars who have written reflections on the issues raised by our article; they, as well as other attendees at a symposium at the University of California, Davis School of Law asked helpful questions and offered challenging comments to which we now respond. When contending that the Framers envisioned... |
2024 |
| Dylan Farrell-Bryan , Yale Law School, New Haven, US, Email: dylan.farrell@yale.edu |
AGENCY ENTRENCHMENT: SOCIOLOGICAL LEGITIMACY IN A POLITICALLY CONTESTED OCCUPATION |
49 Law and Social Inquiry 2523 (November, 2024) |
(Received 25 August 2023; revised 17 March 2024; accepted 15 May 2024; first published online 19 September 2024) This study investigates how agents in contested occupations justify and legitimize their work. It examines Immigration and Customs Enforcement (ICE) attorneys who prosecute immigrant removal cases on behalf of the federal government,... |
2024 |
| Nurbanu Hayır |
AGGRESSOR STATE, AGGRESSOR INDIVIDUAL, AND WHAT INTERNATIONAL LAW DOES/SHOULD PROTECT |
45 Michigan Journal of International Law 487 (2024) |
This note examines the measures taken against Russian citizens in the context of the Russo-Ukrainian War in positive international law and analyzes the rationale for sanctioning individual citizens of an aggressor state. It questions whether the gravity of state aggression by Russia enables measures targeting individuals based solely on their... |
2024 |
| Mark Jia |
AMERICAN LAW IN THE NEW GLOBAL CONFLICT |
99 New York University Law Review 636 (May, 2024) |
This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and... |
2024 |
| Nicholas Fiorino |
AMERICA'S DUTY TO PROTECT POST-TRUMP v. HAWAII: A CALL FOR UPDATED FEDERAL LEGISLATION TO SAVE ANIMUS DOCTRINE AND PREVENT EXECUTIVE DISCRIMINATION IN IMMIGRATION DECISIONS |
23 Journal of International Business and Law 244 (Spring, 2024) |
An influx of refugees from war and climate emergencies is predicted by many in the coming years, and the case of Trump v. Hawaii serves as favorable precedent for those who seek to limit immigrant entry into the United States. On the campaign trail prior to his election, Donald Trump stated, [I] am calling for a total and complete shutdown of... |
2024 |
| Dheepa Sundaram |
AN ACADEMIC CONFERENCE, A BOMB THREAT, AND A TITLE VI COMPLAINT: U.S. HINDU NATIONALIST GROUPS' LITIGIOUS ASSAULT ON ACADEMIC FREEDOM |
16 Drexel Law Review 837 (2024) |
This Article outlines the rising threat to academic freedom from Hindutva (Hindu nationalist) organizations in the United States. The Article explores how the Hindu nationalist playbook in the United States works, the legal strategies they use to target scholars with whom they disagree, how they leverage social justice mechanisms for redress of... |
2024 |
| Joanna C. Schwartz |
AN EVEN BETTER WAY |
112 California Law Review 1083 (June, 2024) |
Introduction. 1083 I. What We Know. 1085 II. How to Reform the Law in Light of What We Know. 1093 III. How to Reform the Law in Light of What We Know About How Hard it is to Reform the Law. 1098 Conclusion. 1106 |
2024 |
| Rabiat Akande |
AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW |
118 American Journal of International Law 1 (January, 2024) |
More than half a century after the UN's adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention's protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were... |
2024 |