| Author | Title | Citation | Summary | Year |
| Adam Crepelle |
IT SHOULDN'T BE THIS HARD: THE LAW AND ECONOMICS OF BUSINESS IN INDIAN COUNTRY |
2023 Utah Law Review 1117 (2023) |
Indian reservation economies have been in shambles for generations. Although some tribes operate successful gaming enterprises, no tribe has a vibrant private sector economy. Law and economics help explain why. Economics is the study of choices, and Indian country's complex legal rules deter businesses from investing on tribal land. After all, no... |
2023 |
| Mary Holper |
JRAD REDUX: JUDICIAL RECOMMENDATION AGAINST IMMIGRATION DETENTION |
91 George Washington Law Review 561 (June, 2023) |
There is a dire need for bail reform in the immigration detention system. Scholars have suggested a variety of recommendations to improve the manner in which immigration detention decisions are made. All of these recommendations have rested on the assumption that there is a finite pool of decisionmakers: Immigration and Customs Enforcement, the... |
2023 |
| |
JUSTICE FOR SURVIVORS OF INTIMATE PARTNER VIOLENCE CONFERENCE REPORT |
44 Columbia Journal of Gender and Law 1 (Fall, 2023) |
Domestic violence survivors seeking justice and safety in New York State's family and supreme courts often encounter a deeply flawed, poorly functioning system that exposes them and their children to further harm. On October 13 and 14, 2022, a coalition of leading nonprofit agencies that serve and advocate for survivors convened a conference in New... |
2023 |
| Michael Duchesne |
KEEPING CHILDREN WITH THEIR PARENTS: HOW U.S. IMMIGRATION LAW FAILS TO UPHOLD THE INTERNATIONAL RIGHT TO FAMILY UNITY |
32 Minnesota Journal of International Law 197 (Summer, 2023) |
There is a fundamental right to family unity based in international law which the United States is currently failing to protect. Specifically, certain U.S. immigration laws cause unnecessary separation of children from parents for extended periods of time--or even indefinitely. Although U.S. immigration laws have been historically pro-family, a... |
2023 |
| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2023 |
| Julia Simon-Kerr |
LAW'S CREDIBILITY PROBLEM |
98 Washington Law Review 179 (March, 2023) |
Abstract: Credibility determinations often seal people's fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is no stable definition of credibility in the law. Courts and agencies diverge at the most basic... |
2023 |
| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2023 |
| Evan J. Criddle |
LEGAL ORDER AT THE BORDER |
56 U.C. Davis Law Review 1503 (April, 2023) |
For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller's interactional view of law, I argue that immigration law cannot attract compliance... |
2023 |
| Davis Lovvorn |
LESSONS FROM VIETNAM: INFORMING REFUGEE POLICY IN HAITI AND AFGHANISTAN FROM POST-VIETNAM UNITED STATES POLICY |
37 Notre Dame Journal of Law, Ethics & Public Policy 299 (2023) |
On August 30, 2021, the United States ended its longest-ever war, which lasted for more than twenty years, when C-17 Globemaster military cargo planes completed their final evacuation mission from Kabul International Airport in Afghanistan's capital. The C-17 Globemaster cargo planes had not only been a familiar sight during those brief days in... |
2023 |
| Juliet P. Stumpf, Stephen Manning |
LIMINAL IMMIGRATION LAW |
108 Iowa Law Review 1531 (May, 2023) |
ABSTRACT: Liminal immigration rules operate powerfully beyond the edge of traditional law to govern the movement of people across borders and their interactions with the immigration system within the United States. This Article illuminates this body of liminal law, revealing how agencies and advocates have innovated to create widely followed... |
2023 |
| Jason A. Gillmer |
LITIGATING SLAVERY'S REACH: A STORY OF RACE, RIGHTS, AND THE LAW DURING THE CALIFORNIA GOLD RUSH |
56 Loyola of Los Angeles Law Review 499 (Spring, 2023) |
In May 1852, Charles Perkins decided he wanted his slaves back. Born in Mississippi, Charles emigrated to California in 1849 during the height of the Gold Rush. When he came, like hundreds of others from Southern states, he also brought three enslaved men with him. Following California's admission to the Union as a free state, however, Charles... |
2023 |
| Bharath Gururagavendran |
LOCATING NOVEL PROTECTIONS FOR THE TRADITIONAL KNOWLEDGE OF INDIGENOUS COMMUNITIES IN CUSTOMARY INTERNATIONAL LAW |
27 UCLA Journal of International Law and Foreign Affairs 101 (Fall, 2023) |
The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic... |
2023 |
| Eric J. Miller |
LOVING REPARATIONS |
94 University of Colorado Law Review 395 (Spring, 2023) |
Introduction. 395 I. Brief History of the Massacre. 398 II. Loving Blackness Through Reparations. 404 III. More than Economic Reparations. 407 IV. Group and Community Eligiblity. 411 Conclusion: What Does Solidarity Look Like?. 412 |
2023 |
| Dolores S. Atencio |
LUMINARIAS: AN EMPIRICAL PORTRAIT OF THE FIRST GENERATION OF LATINA LAWYERS 1880-1980 |
39 Chicana/o-Latina/o Law Review 1 (2023) |
C1-2Table of Contents Prologue. 3 Introduction. 9 I. The Luminarias Study. 13 A. Methodology. 13 B. Who is Latina? The Complex Nature of Self-Identification Inside and Outside the Latino Community. 16 C. Ethical Considerations in Categorizing Luminarias as Latinas. 22 1. Rosalind Goodrich Bates, LL.B 1926 Southwestern Law-Los Angeles, Admitted... |
2023 |
| Emlyn Medalla |
MADE FOR EXPORT: HOW U.S. AND PHILIPPINE POLICIES COMMODIFY AND TRAFFICK FILIPINO NURSES |
26 CUNY Law Review 139 (Winter, 2023) |
I. Introduction. 140 A. Author's Note on Language. 141 II. How U.S. Intervention Fabricated a System of Nurse Mass Migration. 142 A. Cheap Skilled Nurses for the Global Market: A Product of Modern Colonization. 142 B. The Philippines' Labor Export Economy: A Product of Continued Subjugation. 144 i) The Philippines' Flag Independence. 144 ii)... |
2023 |
| Denise Gilman |
MAKING PROTECTION UNEXCEPTIONAL: A RECONCEPTUALIZATION OF THE U.S. ASYLUM SYSTEM |
55 Loyola University Chicago Law Journal 1 (Fall, 2023) |
The United States treats asylum as exceptional, meaning that asylum is presumptively unavailable and is offered only in rare cases. This exceptionality conceit, combined with an exclusionary apparatus, creates a problematic cycle. The claims of asylum seekers arriving as part of wide-scale refugee flows are discounted, and restrictive policies are... |
2023 |
| Gregory Brazeal |
MARKETS AS LEGAL CONSTRUCTIONS |
91 University of Cincinnati Law Review 595 (2023) |
C1-2Contents I. Introduction. 595 II. Government Versus the Market in the Reagan Era. 601 A. The Evidence. 602 1. The Tea Party--and Richard Posner. 602 2. From Laissez Faire to Free Enterprise. 606 3. Milton Friedman, Ayn Rand, and the Freedom School. 609 4. Contemporary Testimony. 614 5. Thomas Piketty versus Mehrsa Baradaran. 621 B. A... |
2023 |
| Sara Zampierin |
MASS E-CARCERATION: ELECTRONIC MONITORING AS A BAIL CONDITION |
2023 Utah Law Review 589 (2023) |
Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals... |
2023 |
| Eduardo Grajales Gonzalez, Kelsey Quigley, Nicole Castillo, Eduardo Grajales Gonzalez, Sheila Barradas, Edgar Jaramillo, Mariana Garcia, Mariana Rivera, Alison Silva, Eduardo Gonzalez, Kalani Hawks Villafranca, Paula Amato Ruffo, Leonel Perez Nieto, Eduar |
MEXICO |
57 The Year in Review (ABA) 69 (2023) |
This article surveys significant legal developments in Mexico in 2022. In 2022, the Mexican Supreme Court addressed the constitutionality of three high-profile energy, criminal detention, and immigration policies. The decisions in these cases substantively alter Mexico's legal system, economically and politically impacting the country's public... |
2023 |
| Aashini Choksi |
MILLIONS OF MIGRANTS: IMPLEMENTING A GOVERNANCE FRAMEWORK FOR CLIMATE REFUGEES IN INDIA |
30 U.C. Davis Journal of International Law and Policy 1 (2023) |
C1-3Table of Contents I. INTRODUCTION. 2 II. CLIMATE MIGRATION IN INDIA. 5 A. Climate Change Impacts. 6 B. Climate-Induced Migration. 7 C. Effect on Human Rights. 9 III. EXISTING LEGAL PROTECTIONS FOR CLIMATE REFUGEES IN INDIA. 11 A. Constitution of India. 12 B. Judicial Decisions. 13 C. Rights-Based Protections. 16 IV. INTERNATIONAL EFFORTS TO... |
2023 |
| Ana M. Rodriguez |
MOTHER OF EXILES: HOSPITALITY & COMPREHENSIVE IMMIGRATION REFORM |
43 Journal of the National Association of Administrative Law Judiciary 232 (Spring, 2023) |
C1-2Table of Contents Introduction. 234 I. COVID-19 and Title 42's End of Asylum. 236 A. Title 42: The Trump Administration. 239 B. Title 42: The Biden Administration. 242 II. Xenophobia Cloaked in Morality, Health, and Safety. 245 A. Historic Immigration Policy Against Non-White Immigrants. 245 1. Legislation Against Chinese Immigrants. 248 2.... |
2023 |
| Kathryn Abrams |
MOVEMENT STORYTELLING AND THE TRANSFORMATION OF THE DREAMER NARRATIVE |
33 Berkeley La Raza Law Journal 31 (2023) |
Like many in this symposium, my comments address the tension reflected in the Dreamer paradigm, between the expectations of mainstream audiences, and the complex lived experience of those most affected by immigration restrictions. As Professors Abrego and Negrón-Gonzalez demonstrate in their recent anthology, We Are Not Dreamers, undocumented... |
2023 |
| Faith Zellman |
NATURAL DISASTERS AND THE GOVERNMENT'S DESTRUCTIVE RESPONSE: A HOLISTIC VIEW ON THE IMPACTS OF NONCITIZEN EXCLUSION FROM FEDERAL PUBLIC BENEFIT PROGRAMS |
52 University of Baltimore Law Review 357 (Spring, 2023) |
I. INTRODUCTION. 358 II. VULNERABLE IMMIGRANT COMMUNITIES CONSISTENTLY STRUGGLE TO ANTICIPATE AND RECOVER FROM DISASTERS. 360 III. THE FEDERAL GOVERNMENT PROVIDES RELIABLE ASSISTANCE TO CITIZENS ON THE CONDITION THAT CERTAIN ELIGIBILITY REQUIREMENTS ARE MET. 363 A. United States Welfare Law Explicitly Excludes Noncitizens from Receiving Public... |
2023 |
| Daisy J. Ramirez |
NO SOY DE AQUÍ, NI SOY DE ALLÁ: U.S. CITIZEN CHILDREN ARE PAYING THE PRICE FOR OUR NATION'S BROKEN IMMIGRATION SYSTEM |
25 Scholar: St. Mary's Law Review on Race and Social Justice 369 (2023) |
Introduction - Jasmin's Story. 371 I. Historical Framework of our Nation's Immigration Acts. 380 A. The Immigration and Nationality Act of 1965. 381 B. Immigration Reform and Control Act of 1986. 383 C. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 386 II. Why are there so many U.S. Citizen Children with Undocumented... |
2023 |
| Mishan Kara |
NONCITIZENS, MENTAL HEALTH, AND IMMIGRATION ADJUDICATION |
109 Virginia Law Review Online 162 (October, 2023) |
When a noncitizen commits a crime in the United States, they become vulnerable to the possibility of the government instigating removal proceedings against them. According to the Immigration and Nationality Act, the noncitizen can argue in their defense that the crime they committed was not particularly serious. In this particularly serious crime... |
2023 |
| Bhavani Raman , University of Toronto, Toronto, ON, Canada, E-mail: bhavani.raman@utoronto.ca |
OCEANIC MOBILITY AND THE EMPIRE OF THE PASS SYSTEM |
41 Law and History Review 565 (August, 2023) |
From the age of empires to the apartheid regime in South Africa, pass laws have defined the scope of the mobility of subjects by relying on a paper document, the pass. This essay focusses on the pass document to understand the governance of mobility in the Indian ocean. In doing so, it shows how the pass document in its various forms through many... |
2023 |
| Andrew Hammond |
ON FIRES, FLOODS, AND FEDERALISM |
111 California Law Review 1067 (August, 2023) |
In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... |
2023 |
| Maya J. Williams |
ON THE FENCE ABOUT IMMIGRATION AND OVERPOPULATION: "ENVIRONMENTALISTS" CHALLENGE DHS POLICIES ON NEPA BASIS IN WHITEWATER DRAW NATURAL RESOURCE CONSERVATION DISTRICT v. MAYORKAS |
34 Villanova Environmental Law Journal 301 (2023) |
Since the late 1990s, anti-immigration forces based on environmental concerns have been prevalent in the United States. Referred to as the greening of hate, organizations like the Sierra Club - one of the nation's most significant environmental organizations - have identified immigrants as the leading cause of overpopulation as well as urban... |
2023 |
| Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2023 |
| Shefali Milczarek-Desai |
OPENING THE PANDEMIC PORTAL TO RE-IMAGINE PAID SICK LEAVE FOR IMMIGRANT WORKERS |
111 California Law Review 1171 (August, 2023) |
Historically, pandemics have forced humans to break with the past and imagine their world anew. This one is no different. It is a portal, a gateway between one world and the next. --Arundhati Roy The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision... |
2023 |
| Ryan Saunders |
OPTING OUT OF THE EXCEPTION: WASHINGTON'S OPPORTUNITY TO PROVIDE DUE PROCESS FOR DETAINED IMMIGRANTS |
22 Seattle Journal for Social Justice 155 (Fall, 2023) |
The Northwest Detention Center also known as NW ICE Processing Center in Tacoma, WA is one of the largest immigration prisons in the country, with a capacity to hold up to 1,975 immigrants. People end up in the detention center after being transferred from prisons in our state after ending their sentences, after being detained during immigration... |
2023 |
| Hilda Loury |
PACHAMAMA OVER PEOPLE AND PROFIT: A CASE FOR INDIGENOUS ECOLOGY AND ENVIRONMENTAL PERSONHOOD |
47 American Indian Law Review 229 (2022-2023) |
C1-2Table of Contents Introduction. 229 I. The Environmental Crisis. 231 A. The Anthropocene. 231 B. Global Environmental Changes. 233 II. A Comparative Analysis of Indigenous and Western Ecology. 236 A. Prefaces. 236 B. Self, Other, and Nature. 237 C. Use and Consumption. 241 D. Cultural Priorities. 243 III. Law and Personhood. 246 A. U.S.... |
2023 |
| Professor E. Tendayi Achiume |
PANDEMIC BORDERS AND RACIAL BORDERS: KEYNOTE DELIVERED AT THE 2020 ANNUAL SYMPOSIUM OF THE UCLA JOURNAL OF INTERNATIONAL LAW AND FOREIGN AFFAIRS |
27 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2023) |
C1-3Table of Contents I. Beginning in the Past. 3 II. Considering the Present. 8 III. Race as a Territorial Border. 12 |
2023 |
| Jessie K. Walker |
PAVING A NEW PATHWAY TO PERMANENT RESIDENCY: A CANADIAN-INSPIRED PROPOSAL FOR INTERNATIONAL STUDENTS, UNDOCUMENTED IMMIGRANTS, AND THE UNITED STATES |
33 Indiana International & Comparative Law Review 323 (2023) |
Tim Chan's and Maggie Tong's plans to return to Hong Kong after graduation from their Canadian universities suddenly halted after the drastic changes in Hong Kong governance. Germainne Hein, an international student living with her husband in Arkansas, was denied the ability to receive in-state tuition despite her husband's permanent residency and... |
2023 |
| Izabela Kraśnicka , Charles Szymanski |
POLISH RESPONSE TO THE WAR IN UKRAINE: THE PROTECTION OF REFUGEES |
73 Syracuse Law Review 503 (2023) |
The authors dedicate this article to all the Ukrainian refugees who have crossed the Polish border, fleeing the Russian invasion and seeking a safer place to live, and to all the individual Poles who have gladly made sacrifices to help them achieve this goal. C1-2Table of Contents Introduction. 504 I. Response of Civil Society. 505 II. Response of... |
2023 |
| Samanda Rodriguez |
POST-CONVICTION RELIEF AND EXPUNGEMENT PETITIONS--DOES EITHER OPTION PROVIDE RELIEF FOR UNDOCUMENTED PEOPLE FROM BEING DEPORTED? |
22 Appalachian Journal of Law 1 (2023) |
Keywords: Post-Conviction, Immigration, ICE Approximately 70 million people in the United States have a criminal record. In the United States, the total foreign-born population (documented and undocumented) hit 47 million in April of 2022. In the Fiscal Year of 2020, Enforcement and Removal Operations (ERO) of the U.S. Immigration and Customs... |
2023 |
| Rebecca L. Feldmann |
PREVENTING TRAFFICKING BY PROTECTING REFUGEES |
2023 Utah Law Review 659 (2023) |
C1-2Table of Contents Introduction. 660 I. The Duty to Prevent Human Trafficking. 666 A. Defining Human Trafficking: The Palermo Protocol and the TVPA. 666 B. The Challenge of Identifying Victims. 668 C. The 4P Paradigm and the Inherent Tension Underlying the Duty to Prevent Human Trafficking. 670 D. The Intersecting Roles of Racial and Gender... |
2023 |
| Christopher Levesque , Kimberly Horner , Linus Chan |
PROCESS AS SUFFERING: HOW U.S. IMMIGRATION COURT PROCESS AND CULTURE PREVENT SUBSTANTIVE JUSTICE |
86 Albany Law Review 471 (2022-2023) |
In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United... |
2023 |
| Kevin R. Johnson |
PROFESSOR RACHEL MORAN: A FOUNDATIONAL LATINA/O CIVIL RIGHTS SCHOLAR |
10 Texas A&M Law Review 749 (Summer, 2023) |
With an illustrious scholarly career, Professor Rachel Moran is a most-deserving Texas A&M University Hagler Fellow. Previously a chaired professor of law and dean of UCLA School of Law, and a chaired professor at the University of California, Berkeley School of Law, she currently is a Distinguished and Chancellor's Professor of Law at the... |
2023 |
| William Baude , Samuel L. Bray |
PROPER PARTIES, PROPER RELIEF |
137 Harvard Law Review 153 (November, 2023) |
In the last Term at the United States Supreme Court, standing was the critical question in several major cases: the two challenges to the Biden Administration's first student loan forgiveness plan, Biden v. Nebraska and Department of Education v. Brown, as well as the challenge to the Administration's immigration priorities in United States v.... |
2023 |
| Brenda Pfahnl |
PROTECTING AMERICAN BLOOD FROM "ALIEN CONTAMINATION": SHOULD STRICT SCRUTINY APPLY TO THE RACIST ROOTS OF 8 U.S.C. § 1326? UNITED STATES v. CARRILLO-LOPEZ, 555 F. SUPP. 3D 996 (D. NEV. 2021) |
49 Mitchell Hamline Law Review 316 (April, 2023) |
I. Introduction. 318 II. Legislative History and the Influence of Eugenics in Immigration Law. 319 A. The Chinese Exclusion Act of 1882. 320 B. The Immigration Act of 1917. 321 C. The Immigration Act of 1924--The National Origins Act. 322 D. Act of 1929--The Undesirable Aliens Act. 323 E. Mexican Farm Labor Program (1942) (The Bracero Program).... |
2023 |
| Meredith Van Natta , Department of Sociology, University of California, Merced, Merced, California, USA |
PUBLIC CHARGE, LEGAL ESTRANGEMENT, AND RENEGOTIATING SITUATIONAL TRUST IN THE US HEALTHCARE SAFETY NET |
57 Law and Society Review 531 (December, 2023) |
US immigration law increasingly excludes many immigrants materially and symbolically from vital safety-net resources. Existing scholarship has emphasized the public charge rule as a key mechanism for enacting these exclusionary trends, but less is known about how recent public charge uncertainty has shaped how noncitizens and healthcare workers... |
2023 |
| Sam Kalen |
PUBLIC LAND MANAGEMENT'S FUTURE PLACE: ENVISIONING A PARADIGM SHIFT |
82 Maryland Law Review 240 (2023) |
The recent sesquicentennial of Yellowstone National Park, the nation's first and prototypical national park, marked an opportune moment for examining the management of the nation's public lands. Public lands are confronting a myriad of challenges, whether from climate change and the efficacy of using the nation's lands for fossil fuel development... |
2023 |
| Natsu Taylor Saito |
RACE, INDIGENEITY, AND MIGRATION |
117 AJIL Unbound 43 (2023) |
Race, indigeneity, and migration are integrally related in international law. This relationship can be traced to their origins in a legal system dedicated to facilitating European colonialism and imperial expansion. International law has constructed racial difference and deployed racialized hierarchies to determine who would be permitted to migrate... |
2023 |
| Natsu Taylor Saito |
RACE, RELIGION, AND NATIONAL IDENTITY REVIEW OF SAHAR AZIZ, THE RACIAL MUSLIM: WHEN RACISM QUASHES RELIGIOUS FREEDOM (UC PRESS, 2022) |
50 Hastings Constitutional Law Quarterly 169 (March, 2023) |
C1-2Table of Contents Introduction. 169 I. Being Muslim in the United States. 171 II. Structural Drivers of Islamophobia. 173 III. National Identity in a Settler State. 175 Conclusion. 180 |
2023 |
| Bennett Capers , Gregory Day |
RACE-ING ANTITRUST |
121 Michigan Law Review 523 (February, 2023) |
Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are... |
2023 |
| Rachel F. Moran |
RACIAL EQUALITY, RELIGIOUS LIBERTY, AND THE COMPLICATIONS OF PLURALISM |
50 Hastings Constitutional Law Quarterly 149 (March, 2023) |
C1-2Table of Contents I. Historical Injustices: The Meaning of Race. 150 II. Contemporary Wrongs and the Role of Racialization. 155 III. Demographic Change, Pluralism Anxiety, and the Challenges for Equality and Liberty. 162 IV. Conclusion. 166 |
2023 |
| Jessica Dixon Weaver |
RACIAL MYOPIA IN [FAMILY] LAW |
132 Yale Law Journal Forum 1086 (4/30/2023) |
ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... |
2023 |
| Daria Roithmayr |
RACISM PAYS: HOW RACIAL EXPLOITATION GETS INNOVATION OFF THE GROUND |
28 Michigan Journal of Race and Law 145 (Spring, 2023) |
Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the... |
2023 |
| Eugene Lee |
RECOGNIZING THE RIGHT TO FAMILY UNITY IN IMMIGRATION LAW |
121 Michigan Law Review 677 (February, 2023) |
The Trump Administration's travel ban and separation of families at the U.S.-Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court's line of privacy rights cases, the right to family unity is amorphous.... |
2023 |