| Author | Title | Citation | Summary | Year |
| Susan Bibler Coutin , Véronique Fortin |
THE CRAFT OF TRANSLATION: DOCUMENTARY PRACTICES WITHIN IMMIGRATION ADVOCACY IN THE UNITED STATES |
46 PoLAR: Political and Legal Anthropology Review 24 (May, 2023) |
This article builds on anthropological research on bureaucratic inscription as a power-laden process to explore the craft of document translation in contexts of immigration legal advocacy. In a legal climate characterized by suspicion and resource scarcity, immigrants who seek to regularize their status in the United States face steep evidentiary... |
2023 |
| Michele R. Pistone |
THE CRISIS OF UNREPRESENTED IMMIGRANTS: VASTLY INCREASING THE NUMBER OF ACCREDITED REPRESENTATIVES OFFERS THE BEST HOPE FOR RESOLVING IT |
92 Fordham Law Review 893 (December, 2023) |
Introduction. 894 I. Representation in Immigration Cases Dramatically Improves Outcomes for Migrants. 896 II. The Reasons Why Unrepresented Migrants Fare Worse in Immigration Courts Are Multifold and Overdetermined. 899 III. The Traditional Solution Proposed for Improving Immigrant Representation--The Encouragement of More Pro Bono Representation... |
2023 |
| Talia Peleg |
THE DANGERS OF ICE'S UNCHECKED REARREST POWER |
86 Albany Law Review 517 (2022-2023) |
Introduction. 519 I. Background: The Modern Presumption of Detention, ICE Arrest Authority, Alternatives to Detention, and the Power to Rearrest. 533 A. Immigration Detention: From a Presumption of Release to Presumption of Detention. 533 1. Standards for Initial Arrest. 535 2. DHS's Initial Custody Determination. 538 3. Immigration Judge Custody... |
2023 |
| Dale Carpenter |
THE DEAD END OF ANIMUS DOCTRINE |
74 Alabama Law Review 585 (2023) |
Introduction. 586 I. A Primer on Animus Doctrine.. 589 A. Animus in Democratic Theory. 590 B. Animus in Constitutional History. 591 C. Animus Doctrine in the Supreme Court: The Quadrilogy. 592 1. U.S. Department of Agriculture v. Moreno. 592 2. City of Cleburne v. Cleburne Living Center. 593 3. Romer v. Evans. 594 4. United States v. Windsor. 596... |
2023 |
| Laila L. Hlass , Rachel Leya Davidson , Austin Kocher |
THE DOUBLE EXCLUSION OF IMMIGRANT YOUTH |
111 Georgetown Law Journal 1407 (June, 2023) |
Congress created Special Immigrant Juvenile Status (SIJS) in 1990 to protect vulnerable children from deportation by providing a pathway to lawful permanent residency and citizenship. Although relatively few immigrant children applied for SIJS in the early years of the program, the number of SIJS petitions grew significantly over the past decade.... |
2023 |
| Sharon Shaji |
THE DUE PROCESS OWED TO NONCITIZENS: STANDARDIZING THE BURDEN IN § 1226(A) BOND HEARINGS WITH THE HELP OF HERNANDEZ-LARA AND VELASCO LOPEZ |
44 Cardozo Law Review 1635 (April, 2023) |
C1-2Table of Contents Introduction. 1636 I. Background. 1639 A. An Overview of Immigration Courts. 1639 B. Section 1226(a) and Removal Proceedings. 1641 C. The Shift from Favoring Liberty to Favoring Detention. 1643 D. The Due Process Owed to Noncitizens. 1645 E. Guidance (or Lack Thereof) from the Supreme Court. 1647 II. Circuit Split. 1648 A.... |
2023 |
| Elora Mukherjee |
THE END OF ASYLUM REDUX AND THE ROLE OF LAW SCHOOL CLINICS |
133 Yale Law Journal Forum 473 (12/4/2023) |
abstract. The Biden Administration has perpetuated many of the prior administration's hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the... |
2023 |
| Mariah Stephens |
THE GREAT CLIMATE MIGRATION: A CRITIQUE OF GLOBAL LEGAL STANDARDS OF CLIMATE CHANGE-CAUSED HARM |
23 Sustainable Development Law & Policy 16 (Spring, 2023) |
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one-hundred kilometers) of a coastline. The United Nations (U.N.) determined that a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that... |
2023 |
| Khaled A. Beydoun , Nura A. Sediqe |
THE GREAT REPLACEMENT: WHITE SUPREMACY AS TERRORISM? |
58 Harvard Civil Rights-Civil Liberties Law Review 69 (Winter, 2023) |
The events of January 6th 2021, and the era of emboldened armed white supremacist violence that surrounded the United States Capitol attack spurred state commitment to counter white supremacist terrorism. This unprecedented shift on the part of the federal executive branch, spearheaded by the Biden Administration, redirected War on Terror tools... |
2023 |
| Chloe Wigul |
THE IMMIGRATION COURT SYSTEM: UNCONSTITUTIONALLY AT THE HANDS OF THE EXECUTIVE TO PUSH NATIVISM |
43 Journal of the National Association of Administrative Law Judiciary 40 (Spring, 2023) |
The United States' immigration court system is located within the U.S. Department of Justice's Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney... |
2023 |
| Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
| Christian Sanchez Leon |
THE IMPACT OF INSULATING IMMIGRATION COURTS FROM JUDICIAL REVIEW ON AMERICA'S NEW GENERATION OF FAMILIES |
80 Washington and Lee Law Review 1297 (Summer, 2023) |
This Note could be read as another Note addressing Congress's power to strip jurisdiction from Article III courts. Yet, when this power is exercised in the immigration context, its impact extends far beyond the realm of checks and balances. Instead, this Note is about the insulation of the Board of Immigration Appeals (BIA) and its unfettered... |
2023 |
| Frank D. LoMonte , Daniel Delgado |
THE IMPORTANCE OF ACCESSIBLE GOVERNMENT DATA IN ADVANCING ENVIRONMENTAL JUSTICE |
47 William and Mary Environmental Law and Policy Review 827 (Spring, 2023) |
In 2021, investigative journalists with the nonprofit news service ProPublica drew on federal data to create what ProPublica's reporting team called an unparalleled view of how toxic air blooms around industrial facilities and spreads into nearby neighborhoods. A package of articles and graphics visually dramatized the problem of sacrifice... |
2023 |
| Rebecca Horwitz-Willis , Leanna Katz |
THE INTERDEPENDENCE OF FAMILY, STATE, AND MARKET: CHILDCARE IN THE SHIFTING LANDSCAPE OF THE COVID-19 PANDEMIC |
30 Georgetown Journal on Poverty Law and Policy 405 (Spring, 2023) |
In response to the first wave of the COVID-19 pandemic, the U.S. federal and state governments enacted various supports for childcare, including expanded funding and flexibility for the childcare market, expanded paid leave, more generous and inclusive unemployment insurance, loans available to childcare providers, and tax rebates. In this Article,... |
2023 |
| Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
| Anna C. Everett |
THE LANGUAGE OF RECORD: FINDING AND REMEDYING PREJUDICIAL VIOLATIONS OF LIMITED ENGLISH PROFICIENT INDIVIDUALS' DUE PROCESS RIGHTS IN IMMIGRATION PROCEEDINGS |
55 Connecticut Law Review Online 1 (January, 2023) |
In immigration court proceedings, court interpreters interpret only those statements made directly to and by the limited English proficient (LEP) party. Thus, LEP individuals can only understand what is being spoken to them, not what is being asserted about them. In asylum interviews, applicants must provide their own interpreter, and failure to... |
2023 |
| Josh A. Roth |
THE LEADERSHIP LIMITATION ON PERSECUTORS AND TERRORIST ORGANIZATIONS |
108 Cornell Law Review Online 60 (May, 2023) |
The asylum system in the United States is a melting pot of political discourse, international relations, and novel questions of law. Among other legal requirements, an asylee bears the burden of showing (1) they were persecuted or have a well-founded fear of future persecution and (2) that the persecution was committed by the government or that the... |
2023 |
| Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2023 |
| Alesia Ash |
THE MILITARIZATION OF MEXICO'S BORDER AND ITS IMPACTS ON HUMAN RIGHTS |
51 International Journal of Legal Information 58 (Spring, 2023) |
Between 800,000 and one million people are estimated to traverse Mexico from Central America each year, endeavoring to reach the United States. These migrants, asylum seekers, and refugees are forced north for a myriad of deeply personal reasons, but most commonly a combination of rampant crime and violence, economic insecurity, government... |
2023 |
| Philip G. Schrag, Jaya Ramji-Nogales, Andrew I. Schoenholtz |
THE NEW BORDER ASYLUM ADJUDICATION SYSTEM: SPEED, FAIRNESS, AND THE REPRESENTATION PROBLEM |
66 Howard Law Journal 571 (Spring, 2023) |
In 2022, the Biden administration implemented what the New York Times has described as potentially the most sweeping change to the asylum process in a quarter-century. This new adjudication system creates unrealistically short deadlines for asylum seekers who arrive over the southern border, the vast majority of whom are people of color. Rather... |
2023 |
| J. Mauricio Gaona |
THE PERCEPTIONAL GAP: RETHINKING 'THE MIGRANT THREAT' |
25 NYU Journal of Legislation and Public Policy 103 (2022-2023) |
Modern policies on refugee protection increasingly derive from a defining conceptualization: the migrant threat. This conceptualization ensues from a perceptional gap that portrays certain migrants as undesirable for developed host countries. This gap is built on natural and unnatural distortions of reality leading to patterns of distrust,... |
2023 |
| Aziz Z. Huq |
THE PRIVATE SUPPRESSION OF CONSTITUTIONAL RIGHTS |
101 Texas Law Review 1259 (May, 2023) |
On September 1, 2021, Texas's abortion ban, S.B. 8, went into effect even as the constitutional right to an abortion was under siege at the Supreme Court. It not only prohibited almost all abortions after six weeks but also allowed any private party to sue those who, knowingly or unwittingly, aid or abet such procedures. Texas's law has been... |
2023 |
| Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2023 |
| Michael Maio |
THE RIGHT TO ASYLUM DURING THE COVID-19 PANDEMIC: A LEGAL REVIEW OF THE POWER TO EXPEL NONCITIZENS UNDER TITLE 42 |
86 Albany Law Review 649 (2022-2023) |
The morning of February 24, 2022, will be forever etched in the minds of millions of Ukrainians who were forced to flee their homes due to the conflict sparked by the Russian invasion. Many of these refugees sought sanctuary in neighboring countries, such as Poland, while others attempted to enter at the United States border. Among those refugees... |
2023 |
| Michael Vastine |
THE RIGHT TO DEPORT IMMIGRANTS BEARING FIREARMS CONVICTIONS SHALL NOT BE INFRINGED? CONTEMPLATING THE CONSEQUENCES FOR IMMIGRANTS' FIREARM CRIMES, IN LIGHT OF BRUEN |
66 Howard Law Journal 475 (Spring, 2023) |
Eventually, this article will turn to the task at hand, using a critique of courts' use of originalism and the categorical approach to illustrate how firearms offenses are characterized as deportable offenses. Originalism and the categorical approach are two intellectual methods--theoretically, at least--for reducing arbitrary outcomes by... |
2023 |
| Roberto Rosas, Valeria Montalvo |
THE RIGHT TO IMMIGRATE: A COMPARATIVE ANALYSIS OF IMMIGRATION SYSTEM IN THE UNITED STATES AND MEXICO |
24 Rutgers Race & the Law Review 121 (2023) |
C1-2Table of Contents I. INTRODUCTION. 123 II. THE RIGHT TO IMMIGRATE AS A HUMAN RIGHT. 124 III. MEXICO'S LEGAL FRAMEWORK FOR THE PROTECTION OF IMMIGRATION. 128 A. Authorities. 128 i. State Actors. 128 ii. Non-State Actors. 129 B. Policial Constitution of the United Mexican States and its relation to immigration. 130 C. Immigration Law. 133 D.... |
2023 |
| Matthew J. Lindsay |
THE RIGHT TO MIGRATE |
27 Lewis & Clark Law Review 95 (2023) |
Since the late-19th century, the Supreme Court has insisted that the preservation of national sovereignty requires a constitutional chasm between immigration law and ordinary law. If the Court is to bridge that chasm, it must reimagine the longstanding premise of the federal immigration power that the presence of noncitizens in U.S. territory... |
2023 |
| Fred J. Porter |
THE RIGHT VISA AT THE RIGHT TIME: PROPOSING A TARGETED SPECIAL IMMIGRANT VISA AS A FLEXIBLE TOOL FOR PRACTICAL IMMIGRATION REFORM |
41 Journal of Law and Commerce 341 (Spring, 2023) |
As the Islamic Republic of Afghanistan collapsed in the summer of 2021 and the Taliban moved into Kabul to displace the American-backed government, thousands of Afghans who had worked with the U.S. government were airlifted to the United States to receive emergency residency. These individuals' work put them under direct threat from the Taliban,... |
2023 |
| Jennifer Lee Koh |
THE RISE OF THE 'IMMIGRANT-AS-INJURY' THEORY OF STATE STANDING |
72 American University Law Review 885 (January, 2023) |
Despite the Biden Administration's efforts to hold itself out as a humane alternative to the excesses of immigration enforcement during the Trump presidency, federal courts have prevented a number of immigration policy changes from going forward during the first half of the Biden era. States serve as the primary plaintiffs in these lawsuits, which... |
2023 |
| Pratheepan Gulasekaram |
THE SECOND AMENDMENT'S "PEOPLE" PROBLEM |
76 Vanderbilt Law Review 1437 (October, 2023) |
The Second Amendment has a people problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller's rhetoric limited the people of the Second Amendment to law-abiding citizens. In 2022, New York State Rifle & Pistol Ass'n v. Bruen... |
2023 |
| Claire R. Thomas |
THE SO-CALLED STATELESS: FIRM RESETTLEMENT, AFRICAN MIGRANTS, AND HUMAN RIGHTS VIOLATIONS IN MEXICO |
32 Boston University Public Interest Law Journal 43 (Winter, 2023) |
Prologue. 45 Introduction. 45 I. Extracontinental Migration through Mexico: Lived Experiences in 2015 and 2019. 49 II. Trump Administration Changes Impacting ExtraContinental Asylum-Seekers, Continuing Under the Biden Administration. 53 A. United States. 53 B. Mexico. 56 1. Mexican National Guard and Increased Detention. 56 2. Pre-June 2019... |
2023 |
| Lauren Hodges |
THE STATE OF DISABILITY-BASED ASYLUM CLAIMS UNDER CURRENT (AND REINTERPRETED) LAW: ASSESSING VIABILITY THROUGH DISABILITY STUDIES FRAMEWORKS |
37 Georgetown Immigration Law Journal 291 (Winter, 2023) |
Throughout history, societies all over the world--including the United States--have viewed persons with disabilities a group, and often, subjected that group to discrimination, marginalization, and outright violence. Disabled individuals may find protection from these injustices in the United States, and in some cases, existing U.S. asylum law can... |
2023 |
| Ana Clavijo |
THE SYSTEMIC DISCRIMINATION AND MISINTERPRETATION OF MENTAL DISORDERS AND THEIR CONTINUING EFFECTS ON IMMIGRATION STATUS |
19 Journal of Health & Biomedical Law 306 (2023) |
Eighty-seven percent of American adults believe that mental health disorders [are] nothing to be ashamed of. Even so, archaic statutory mental health exclusions are still very much alive within the U.S. immigration system. The Immigration and Nationality Act (INA), one of the primary sources of immigration law, lists numerous grounds of... |
2023 |
| Karin Mika |
THE UNITED STATES AND THE NEED FOR AN IMPROVED GLOBAL CITIZENSHIP IN THE TWENTY-FIRST CENTURY: HOW HISTORY SHAPED OUR IDENTITY AS A NATION |
72 Cleveland State Law Review 25 (2023) |
This Article describes how accidents of geography and history enabled the United States to become the global power that it has become. It examines how the extended warring in Europe during the Eighteenth and Nineteenth century allowed the United States to develop as a country without the repeated necessity of continually rebuilding, as was... |
2023 |
| Joana Jankulla |
THE UNITED STATES CAN PROTECT THOSE WHO SUFFER HUMANITARIAN EMERGENCIES: HOW AND WHY IMMIGRATION POLICY SHOULD BE AMENDED TO ASSIST CRISIS MIGRANTS |
57 New England Law Review 237 (Spring, 2023) |
In times of humanitarian crisis, migration ensues. This migration is often a result of multiple factors that have built up over time and exploded during a pivotal moment. In the summer of 2021, Haiti suffered multiple humanitarian emergencies: a presidential assassination, an earthquake, and a tropical storm. While these crises caused an uptick in... |
2023 |
| Naimul Muquim |
THE URDU-SPEAKING COMMUNITY OF BANGLADESH: FORGOTTEN DENIZENS OR PUTATIVE CITIZENS? |
37 Emory International Law Review 689 (2023) |
The Urdu-speaking community in Bangladesh, commonly known as the Biharis or Stranded Pakistanis, has been living in distressing circumstances. Despite the Supreme Court of Bangladesh declaring Urdu-speakers citizens of the country in 2008, there continues to be challenges related to their integration prospects. The community still faces... |
2023 |
| Sarah J. Adams-Schoen |
THE WHITE SUPREMACIST STRUCTURE OF AMERICAN ZONING LAW |
88 Brooklyn Law Review 1225 (Summer, 2023) |
When I began this research project in the summer of 2021, those who lived in the predominantly Black neighborhood where I grew up -- Portland, Oregon's Cully neighborhood--experienced a catastrophic and unprecedented heat wave at temperatures as much as 25°F higher than those who lived in Portland's restrictive, amenity rich single-family... |
2023 |
| Amanda Katapang |
THIS ARTICLE IS CONSIDERED TERRORISM IN THE PHILIPPINES: THE ROLE OF PEOPLE'S LAWYERS IN CLASS STRUGGLE |
26 CUNY Law Review 171 (Winter, 2023) |
I. Introduction. 172 II. The Role of Direct Services Lawyering in a People's Movement. 176 III. Crossing Mountains and Seas: Fighting for Liberation at Home and Abroad. 178 A. Colonial Exploitation to Neoliberal Labor Export. 178 B. Filipino Labor: A Cheap Export by Design. 180 1. Filipino Migrant Workers Generally. 182 2. J-1 Workers. 184 3.... |
2023 |
| Anna Arons |
THOMPSON v. CLARK AND THE "REASONABLE" POLICING OF MARGINALIZED FAMILIES |
47 New York University Review of Law and Social Change 221 (2023) |
This Article uses the experience of Larry Thompson, the plaintiff in Thompson v. Clark, 142 S. Ct. 1332 (2022), to examine the absence of privacy for poor families, particularly poor Black, Latinx, and Native families, in the United States. Mr. Thompson may end up remembered in legal history as a victor, as the Supreme Court lowered the barriers to... |
2023 |
| Shiv Narayan Persaud |
TOWARDS AN UNDERSTANDING OF CRITICAL RACE THEORY: DISPELLING FALSE CLAIMS AND MISREPRESENTATIONS |
18 University of Massachusetts Law Review 79 (Winter, 2023) |
The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is... |
2023 |
| Shani Mahiri King , Nicole Silvestri Hall |
TRACING THE ROOTS OF A POISONOUS TREE: ON THE ORIGINS AND IMPACT OF CRIMINAL TERMINOLOGY IN A CIVIL APPREHENSION SCHEME |
53 New Mexico Law Review 255 (Summer, 2023) |
Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived outsiders are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor... |
2023 |
| Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds |
TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD |
46 Harvard Journal of Law & Gender 1 (Winter, 2023) |
I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... |
2023 |
| Christopher R. Green |
TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS |
127 Penn State Law Review 643 (Summer, 2023) |
The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... |
2023 |
| Olive Lee |
TWO HOOLIGANS FOREVER BARRED: WHEN THE IMMATERIAL BECOMES MATERIAL |
91 George Washington Law Review 1009 (August, 2023) |
As victims of persecution, war, and forcible displacement, refugees and asylees are unprotected by their own governments and depend on the compassionate response of others. The United States asylum system, in support of international human rights efforts and humanitarian ideals, offers protection to those fleeing persecution. However, asylum... |
2023 |
| L. Darnell Weeden |
UNDOCUMENTED IMMIGRANT RESIDENTS HAVE A LIMITED CONSTITUTIONAL RIGHT TO A LIMITED OFFICIAL DRIVER'S LICENSE |
66 Howard Law Journal 643 (Spring, 2023) |
The issue to be addressed is whether undocumented resident immigrants who entered the United States illegally should be granted a limited suspect classification when seeking a state driver's license. Steven A. Camarota, the director of research at the Center for Immigration Studies, and Karen Zeigler, a demographer at the Center for Immigration... |
2023 |
| Lindsay Sain Jones , Goldburn P. Maynard, Jr. |
UNFULFILLED PROMISES OF THE FINTECH REVOLUTION |
111 California Law Review 801 (June, 2023) |
While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address... |
2023 |
| Lindsay F. Wiley |
UNIVERSALISM, VULNERABILITY, AND HEALTH JUSTICE |
70 UCLA Law Review Discourse 204 (5/27/2023) |
This Essay responds to two recent articles which, on the surface, appear to pull the health justice movement in different directions: Angela Harris and Aysha Pamukcu's The Civil Rights of Health and Martha Albertson Fineman's Vulnerability and Social Justice. As a framework for health law scholarship and advocacy, health justice emphasizes... |
2023 |
| Sarah Ganty , Dimitry V. Kochenov , Suryapratim Roy |
UNLAWFUL NATIONALITY-BASED BANS FROM THE SCHENGEN ZONE: POLAND, FINLAND, AND THE BALTIC STATES AGAINST RUSSIAN CITIZENS AND EU LAW |
48 Yale Journal of International Law Online 1 (2023) |
In this Essay, we demonstrate that there is no legal way under current European Union (EU, the Union) law to adopt a citizenship-based ban on entering the Schengen zone. The de facto national-level ban against Russian citizens introduced by Poland, Finland, and the Baltic States breaches EU law. Further, amending the law to allow for a... |
2023 |
| Khaled A. Beydoun , Nura A. Sediqe |
UNVEILING: THE LAW OF GENDERED ISLAMOPHOBIA |
111 California Law Review 465 (April, 2023) |
For far too long, unveiling has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article... |
2023 |
| Haylee R. Bunner |
VAGUE MADE VOGUE: THE UNCONSTITUTIONALITY OF THE PARTICULARLY SERIOUS CRIME BAR |
54 Columbia Human Rights Law Review 999 (Spring, 2023) |
C1-2Table of Contents Introduction. 1002 I. The Evolution of the Particularly Serious Crime Bar and the Void for Vagueness Doctrine. 1006 A. The Current State of the Particularly Serious Crime Bar. 1006 1. Evolution of the Particularly Serious Crime Bar. 1008 2. Adjudicatory Evolution of the Particularly Serious Crime Bar Post-IIRIRA. 1019 B. The... |
2023 |