| Author | Title | Citation | Summary | Year |
| Samantha Sar Hing |
APPLYING A REPARATIONS FRAMEWORK TO ADVOCATE FOR MENTAL HEALTH SERVICES FOR CAMBODIAN REFUGEES, 40 YEARS LATER |
24 Rutgers Race & the Law Review 203 (2023) |
My parents suffered PTSD from the Khmer Rouge - to cope, I ran the streets and as a result I am now serving a life sentence. While many scholars have talked generally about why the United States deports refugees, there has been a focus by academics and students into the deportation of Cambodian-American refugees. I utilize a reparations-based... |
2023 |
| Carrie Rosenbaum |
ARBITRARY ARBITRARINESS REVIEW |
100 Denver Law Review 773 (Spring, 2023) |
The Supreme Court's recent immigration law Administrative Procedure Act (APA) jurisprudence demonstrates the anti-democratic potential of this judicial review, which has not yet been explored in scholarly literature. Courts' application of the arbitrary and capricious standard potentially curtails the ability of new presidents to carry out policies... |
2023 |
| Kaleigh Dryden |
ASTRONAUTS AND ASYLUM: INVESTIGATING THE INTERSECTION BETWEEN OUTER SPACE AND IMMIGRATION |
84 University of Pittsburgh Law Review 763 (Spring, 2023) |
This Note explores the emerging intersection of outer space and immigration, specifically whether the United States can lawfully adjudicate asylum claims from astronauts. Although the prospect of astronauts seeking asylum in the United States may seem farfetched, this Note concludes that the U.S. immigration system can legally accept astronauts... |
2023 |
| Aaditya P. Tolappa |
ASYLUM, RELIGION, AND THE TESTS FOR OUR COMPASSION |
98 New York University Law Review Online 55 (April, 2023) |
Under pressure to turn away noncitizens who fabricate religious affiliation to improve their chances of gaining asylum, immigration judges are known to ask asylum seekers doctrinal questions about their purported religions to assess their overall credibility. Immigration judges administer these religious tests with broad statutory authority to... |
2023 |
| Priya S. Gupta |
AUTOMATING RACIALIZATION IN INTERNATIONAL LAW |
117 AJIL Unbound 156 (2023) |
From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... |
2023 |
| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
| Neha Vora, Lafayette College |
BETWEEN DREAMS AND GHOSTS: INDIAN MIGRATION AND MIDDLE EASTERN OIL ANDREA WRIGHT (STANFORD: STANFORD UNIVERSITY PRESS, 2021) |
46 PoLAR: Political and Legal Anthropology Review 1 (May, 2023) |
Perhaps no region of the world today is more associated with migrant labor exploitation than the oil-rich monarchies of the Arabian Peninsula. The plight of migrant workers, mostly from South Asia, was front and center most recently in the media coverage of Qatar's World Cup 2022. Within this coverage, Gulf leaders--and by extension Gulf... |
2023 |
| Emily Ryo , Reed Humphrey |
BEYOND LEGAL DESERTS: ACCESS TO COUNSEL FOR IMMIGRANTS FACING REMOVAL |
101 North Carolina Law Review 787 (March, 2023) |
Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often... |
2023 |
| Shikha Silliman Bhattacharjee |
BITTER HARVEST: SUPPLY CHAIN OPPRESSION AND THE LEGAL EXCLUSION OF AGRICULTURAL WORKERS |
2023 University of Illinois Law Review 1337 (2023) |
Persistent exploitation of farmworkers is a defining problem of our time. An estimated 32% of the global population is employed in agriculture. At the base of global food systems, agricultural workers sustain the world's population while systematically excluded from labor rights protections. Through an analysis of restrictions on labor rights for... |
2023 |
| Ashleigh Lussenden |
BLOOD QUANTUM AND THE EVER-TIGHTENING CHOKEHOLD ON TRIBAL CITIZENSHIP: THE REPRODUCTIVE JUSTICE IMPLICATIONS OF BLOOD QUANTUM REQUIREMENTS |
111 California Law Review 287 (February, 2023) |
Blood often serves as the basis for identity for many groups in the United States. Native Americans, however, are the only population in which blood is a requirement for collective belonging and can be the determining factor for whether one receives tribal benefits and services. Many Tribal Nations use blood quantum, the percentage of Indian blood... |
2023 |
| Ernesto Hernández-López |
BORDER BRUTALISM |
46 Fordham International Law Journal 213 (January, 2023) |
Concepts like freedom and liberty motivate Americans on the global stage. This has racial implications past and present. Exploring these arguments, this Essay: (1) reviews Greg Grandin's The End of the Myth: From the Frontier to the Border Wall in the Mind of America and (2) proposes a framework to identify law's place in these motivations. The End... |
2023 |
| Richard Frankel |
BRINGING "CIVIL"ITY INTO IMMIGRATION LAW: USING THE FEDERAL RULES OF CIVIL PROCEDURE TO FIX IMMIGRATION ADJUDICATION |
76 Vanderbilt Law Review 1379 (October, 2023) |
Government lawyers frequently argue, and courts have frequently held, that noncitizens in removal proceedings do not have the same rights as defendants in criminal proceedings. A common argument made to support this position is that removal proceedings are civil matters. Accordingly, a noncitizen facing deportation has fewer due process protections... |
2023 |
| George Fishman |
CALIFORNIA DREAMIN': CAN STATE UNIVERSITIES LEGALLY HIRE NON-WORK AUTHORIZED ALIENS |
48 Journal of College and University Law 95 (2023) |
A notable group of immigration law professors has assured California that it can allow its State universities to hire aliens not authorized to work under federal law, concluding that the Immigration Reform and Control Act of 1986's prohibition on hiring undocumented persons [known as employer sanctions] does not bind state government entities.... |
2023 |
| Rusty Lookadoo |
CATCH-2022: HOW EUROPE'S DIVESTMENT OF ITS MARITIME MIGRATION OBLIGATIONS CONTINUES TO BURDEN THE SHIPPING INDUSTRY |
47 Tulane Maritime Law Journal 163 (Winter, 2023) |
I. Introduction. 163 II. Background. 168 A. Legal Obligations Under the International Treaty Schema. 168 B. Attempts to Escape SAR Obligations. 171 III. Existing Responses to the Refugee Crisis. 172 A. Europe's Response Burdens the Shipping Industry. 173 B. The Legality of the U.K.'s Legislative Response. 176 IV. Resolving the Government-Industry... |
2023 |
| Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith |
CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR |
19 Annual Review of Law and Social Science 109 (2023) |
race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... |
2023 |
| Eric Mogilnicki, B. Graves Lee, (https://businesslawtoday.org/author/eric-mogilnicki/), (https://businesslawtoday.org/author/bgraveslee/), Covington & Burling, LLP |
CFPB AND DOJ STATEMENT CAUTIONS AGAINST CONSIDERATION OF IMMIGRATION STATUS UNDER FAIR LENDING LAWS |
2023-OCT Business Law Today 51 (October, 2023) |
On October 12, the CFPB and Department of Justice issued (https://www.consumerfinance.gov/about-us/newsroom/cfpb-and-justice-department-issue-joint-statement-cautioning-that-financial-institutions-may-not-use-immigration-status-to-illegally-discriminate-against-credit-applicants/) a joint statement... |
2023 |
| Judy Tzu-Chun Wu , Ji Li |
CHINESE IMMIGRANT LEGAL MOBILIZATION IN THE UNITED STATES: THE 2020 EXECUTIVE BAN ON WECHAT AND CIVIL RIGHTS IN A DIGITAL AGE |
30 Asian American Law Journal 51 (2023) |
On August 6, 2020, then U.S. President Donald Trump issued an executive order banning WeChat, the most popular social messaging app in China and the fifth most popular in the world. The President evoked national security as the justification for the ban. In the context of the COVID-19 pandemic and rising U.S.-China tensions, the public perceived... |
2023 |
| Amy McMeeking |
CITIZENSHIP, SELF-DETERMINATION, AND CULTURAL PRESERVATION IN AMERICAN SAMOA |
70 UCLA Law Review 840 (September, 2023) |
Recent litigation about the Citizenship Clause's applicability in American Samoa exposes tensions between competing goals of inclusion, self-determination, and cultural preservation. The noncitizen national category and the Insular Cases are both legacies of a long tradition of racial exclusion in the United States, but their current significance... |
2023 |
| Desiree Barbosa |
CIVIL RIGHTS AND IMMIGRATION: A ONE-WAY TICKET BACK TO THE 1960S |
50 Southern University Law Review 177 (Spring, 2023) |
History repeats itself, but in such cunning disguise that we never detect the resemblance until the damage is done. Imagine being born in a country where the government is corrupt, and the most basic human needs are scarce. Every day you live with the uncertainty of what tomorrow may bring. You want to ask for help and report the incident that... |
2023 |
| Duane Rudolph |
CLIMATE DISCRIMINATION |
72 Catholic University Law Review 1 (Winter, 2023) |
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States... |
2023 |
| Camila Bustos , Bruni Pizarro , Tabitha Sookdeo |
CLIMATE MIGRATION AND DISPLACEMENT: A CASE STUDY OF PUERTO RICAN WOMEN IN CONNECTICUT |
55 Connecticut Law Review 781 (June, 2023) |
The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on... |
2023 |
| Ming Hsu Chen |
COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP |
44 Cardozo Law Review 945 (February, 2023) |
Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... |
2023 |
| Jeremy Rabkin |
COMMERCE WITH THE INDIAN TRIBES: ORIGINAL MEANINGS, CURRENT IMPLICATIONS |
56 Indiana Law Review 279 (2023) |
The Supreme Court's 2022 ruling in Oklahoma v. Castro-Huerta defied much current precedent and practice, as four dissenters protested. But neither side grappled with the Constitution's original meaning. Both text and early practice confirm that the federal power to regulate commerce with the Indian tribes was a different, more constrained power... |
2023 |
| Julian M. Hill |
COMMERCIAL RENT STABILIZATION: ONE LOCAL RESPONSE TO SKYROCKETING RENTS |
25 NYU Journal of Legislation and Public Policy 603 (2022-2023) |
Rent hikes have displaced Black- and immigrant-led small businesses and nonprofits for years at alarming rates, and COVID-19 accelerated the trend. Recognizing the ripple effects on owners, community leaders, employees, and underserved communities, several organizers, activists, lawyers, and local legislators around the country are revisiting... |
2023 |
| Janine Prantl |
COMMUNITY SPONSORSHIPS FOR REFUGEES AND OTHER FORCED MIGRANTS: LEARNING FROM OUTSIDE AND INSIDE THE UNITED STATES |
37 Georgetown Immigration Law Journal 401 (Spring, 2023) |
The number of refugees and other forcibly displaced persons is at a historic high, but countries have failed to address this global resettlement need. Traditionally, the United States counts among the top resettlement contributors, followed by Canada. But after U.S. refugee admissions reached an all-time low under former President Trump, the system... |
2023 |
| Diana Ramirez |
COMPARATIVE IMMIGRATION POLICIES FOR UNACCOMPANIED MINORS: A SHARED CHALLENGE |
19 Loyola University Chicago International Law Review 157 (Spring, 2023) |
Unaccompanied minors from the Northern-Triangle and Mexico have been arriving at the United States border in large numbers over the past decade as a result of forced migration movements. Although the arrival of unaccompanied minors is not a new phenomenon in the United States, recent administrations have responded in ways that have made the... |
2023 |
| Trevor T. W. Wan |
CONSTITUTIONALIZATION OF HAPPINESS: A GLOBAL AND COMPARATIVE INQUIRY |
24 German Law Journal 1209 (November, 2023) |
Happiness and well-being are now explicitly enshrined in a myriad of national constitutions. As of 2022, the terms happiness and well-being form part of the constitutional lexicon of more than 20 and 110 states respectively. These happiness provisions epitomize the phenomenon of the constitutionalization of happiness, which denotes the... |
2023 |
| |
COURTS IN NAME ONLY: REPAIRING AMERICA'S IMMIGRATION ADJUDICATION SYSTEM |
136 Harvard Law Review 908 (January, 2023) |
In recent years, immigration has risen to the top of America's collective consciousness. From President Trump's infamous Muslim ban to the separation of families at the border and the Biden Administration's response to Haitian refugees (and its subsequent response to Afghan and Ukrainian refugees), the fervor surrounding immigration has... |
2023 |
| Christopher Levesque, Jack DeWaard, Linus Chan, Michele Garnett McKenzie, Kazumi Tsuchiya, Olivia Toles, Amy Lange, Kim Horner, Eric Ryu, Elizabeth Heger Boyle |
CRIMMIGRATING NARRATIVES: EXAMINING THIRD-PARTY OBSERVATIONS OF US DETAINED IMMIGRATION COURT |
48 Law and Social Inquiry 407 (May, 2023) |
Examining what we call crimmigrating narratives, we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained... |
2023 |
| Juliet P. Stumpf |
CRIMMIGRATION AND THE LEGITIMACY OF IMMIGRATION LAW |
65 Arizona Law Review 113 (Spring, 2023) |
Crimmigration law--the intersection of immigration and criminal law--with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law's singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of... |
2023 |
| Stefan J. Padfield |
CRONY STAKEHOLDER CAPITALISM |
111 Kentucky Law Journal 441 (2022-2023) |
C1-2Table of Contents Table of Contents. 441 Abstract. 442 Introduction. 442 I. Capitalism, Crony Capitalism, and Stakeholder Capitalism. 445 A. Capitalism Versus Crony Capitalism. 446 B. Stakeholder Capitalism. 450 C. Stakeholder Capitalism as Crony Capitalism. 456 II. A Proposed Solution: Sen. Marco Rubio's Mind Your Own Business Act. 460 A. An... |
2023 |
| Karla Mari Mckanders |
DECOLONIZING COLORBLIND ASYLUM NARRATIVES |
67 Saint Louis University Law Journal 523 (Spring, 2023) |
The essay addresses how law professors can engage critical and decolonial theories to teach students how to deconstruct the marginalizing narratives required in asylum advocacy. These theories provide the theoretical and praxis-oriented frameworks for professors seeking to liberate their pedagogy. The goal is for law students to begin their legal... |
2023 |
| Sara Hungler |
DESTINED TO STAY - A CASE STUDY OF ROMA REFUGEES FROM UKRAINE |
100 University of Detroit Mercy Law Review 477 (Spring, 2023) |
This paper presents the outcome of a survey based on interviews with NGOs, local helpers, and administrative leaders in Hungary. The results show that even though the general perception of refugees has ameliorated since the 2015 migration crisis, negative attitudes toward Roma and the poor prevail. When resources are scarce, aid workers must create... |
2023 |
| Tanya Monthey |
DIFFERING FROM "US" IN RELIGION, CUSTOMS, AND LAWS: THE PHILIPPINES, LABOR MIGRATION, AND UNITED STATES EMPIRE |
24 Oregon Review of International Law 223 (2023) |
Introduction. 224 I. Historical Background of the Philippines-United States (Unequal) Relationship. 226 A. Contextualizing the Philippines in Its Colonial History. 226 1. The United States Empire. 227 2. Legal Authority for American Empire. 229 B. Filipino Labor Migration Historically. 234 C. Filipino Migrant Labor Organization in the Face of... |
2023 |
| Saptarishi Bandopadhyay, Joshua R. Coene |
DISASTER RISK IN THE CARCERAL STATE |
42 Stanford Environmental Law Journal 171 (May, 2023) |
I. Introduction. 173 II. A Sketch of the Carceral State. 184 A. Mass Incarceration, Excess, and Origins. 184 B. Prison Regimes and Risk Management: Between Incapacitation and Correctionalism. 192 C. The Production of Carceral Vulnerability. 197 III. Between Compassion and Security: Disaster Risk in the Managerial State. 200 A. Disaster Risk... |
2023 |
| Chinyere Ezie |
DISMANTLING THE DISCRIMINATION-TO-INCARCERATION PIPELINE FOR TRANS PEOPLE OF COLOR |
19 University of Saint Thomas Law Journal 276 (Spring, 2023) |
Introduction. 277 I. Understanding the Discrimination-to-Incarceration Pipeline and Its Origins. 279 A. Familial Rejection. 279 B. Anti-Trans Discrimination and Harassment in Schools. 281 C. Employment Discrimination Against Trans Employees and Job Applicants. 285 D. Housing Discrimination and Insecurity. 288 E. Barriers to Healthcare Access. 288... |
2023 |
| Jake Marks Millman |
DISPARITIES IN QUEER ASYLUM RECOGNITION RATES ON THE BASIS OF GENDER: A CASE STUDY OF AUSTRALIA AND NEW ZEALAND |
63 Virginia Journal of International Law 497 (Spring, 2023) |
Using an approach based on intersectionality theory, this Note tests whether a difference in asylum recognition rates exists in Australia and New Zealand at the first-appeals level. Through compiling an original dataset of judicial decisions and performing logistic regression analysis, this Note finds no difference in asylum recognition rates... |
2023 |
| Cynthia Godsoe |
DISRUPTING CARCERAL LOGIC IN FAMILY POLICING |
121 Michigan Law Review 939 (April, 2023) |
Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World. By Dorothy Roberts. New York: Basic Books. 2022. Pp. 11, 303. $32. Among a growing consensus that the criminal legal system is oversized, racist, and ineffective at preventing harm, the child welfare/family-policing system continues to be... |
2023 |
| Angélica Cházaro |
DUE PROCESS DEPORTATIONS |
98 New York University Law Review 407 (May, 2023) |
Should pro-immigrant advocates pursue federally funded counsel for all immigrants facing deportation? For most pro-immigrant advocates and scholars, the answer is self-evident: More lawyers for immigrants would mean more justice for immigrants, and thus, the federal government should fund such lawyers. Moreover, the argument goes, federally funded... |
2023 |
| Jonathan J. Choi, Jess Kuesel, Katline Barrows, Elise Boos, Megan Dister, Connor Sakati, Melissa Skarjune, Stephen E. Roady, Michelle B. Nowlin |
ENHANCED U.S.-CANADIAN COLLABORATION ON MARINE MIGRATORY SPECIES |
53 Environmental Law Reporter (ELI) 10911 (December, 2023) |
U.S.-Canadian management of marine migratory species is a particularly rich place to understand the complex relationship between migratory science, conservation, and law. The two nations share a large border, have a long-lasting historic friendship, and already collaborate extensively. However, the relationship is not without contention. The... |
2023 |
| Antonio M. Coronado |
ENVISIONING REPARATIVE LEGAL PEDAGOGIES |
30 Clinical Law Review 65 (Fall, 2023) |
As numerous reports, student movements, and forms of scholarship-activism have noted, the traditional U.S. law school classroom remains a space of hierarchy, privilege, and unnamed systems of power. Particularly for students holding historically marginalized and minoritized identities, legal education remains both a remnant of and conduit for... |
2023 |
| Luz E. Herrera, Taylor Garner, Crystal Hernandez, Lisa Mares |
ESTABLISHING A CONDITIONAL DRIVER PERMIT IN TEXAS |
24 Scholar: St. Mary's Law Review on Race and Social Justice 385 (2023) |
Introduction. 386 I. Part One: Responding to the Needs of the State's Population. 388 A. Who Benefits from Conditional Driver Permits?. 389 B. Public Safety. 390 C. Specific Texan Population. 392 1. Victims of Natural Disaster. 392 2. Texas Experiencing Homelessness. 403 3. Family Violence Victims. 408 4. Immigrant Families. 412 II. Part Two: State... |
2023 |
| Alice Ristroph |
EXCEPTIONALISM EVERYWHERE: A (LEGAL) FIELD GUIDE TO STRUCTURAL INEQUALITY |
65 Arizona Law Review 921 (Winter 2023) |
In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and more. For several of these fields, the charge is that the field is not operating in... |
2023 |
| S. Lisa Washington |
FAMMIGRATION WEB |
103 Boston University Law Review 117 (February, 2023) |
A growing body of scholarship examines the expansive nature of the criminal legal system. What remains overlooked are other parts of the carceral state with similarly punitive logics and impacts. To begin filling this gap, this Article focuses on the convergence of the family regulation and immigration systems. This Article examines how the... |
2023 |
| Kristine Quint |
FAULT LINES OF IMMIGRATION FEDERALISM: UNITED STATES v. TEXAS AND THE REVERSE-COMMANDEERING OF IMMIGRATION ENFORCEMENT POWER |
27 Lewis & Clark Law Review 991 (2023) |
Federal supremacy over immigration enforcement is a primary tenet of U.S. immigration law. Despite this, states are now routinely, and often successfully, blocking executive immigration policy in federal court. One such case is United States v. Texas, in which the states argue that the Biden administration's enforcement priority guidelines inflict... |
2023 |
| Jayesh Rathod |
FLEEING THE LAND OF THE FREE |
123 Columbia Law Review 183 (January, 2023) |
This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in... |
2023 |
| Amelia Wilson |
FORCE MULTIPLIER: AN INTERSECTIONAL EXAMINATION OF ONE IMMIGRANT WOMAN'S JOURNEY THROUGH MULTIPLE SYSTEMS OF OPPRESSION |
38 Berkeley Journal of Gender, Law & Justice 1 (2023) |
The immigrants' rights movement can assume an intersectional and cooperative approach to dismantling co-constitutive systems of oppression that conspire to punish, exclude, and exploit disfavored groups. Racial justice must be at the center of the movement, but so too must we understand the devastating role that gender, disability, and... |
2023 |
| Maggie Blackhawk |
FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review 1 (November, 2023) |
C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... |
2023 |
| Téa Antonino |
FORMER GANG MEMBERS AND THE PARTICULAR SOCIAL GROUP STANDARD: WHY AMERICA'S HIGHEST COURT SHOULD GREEN LIGHT THE KILLING OF THE BIA'S THREE-PRONG TEST |
60 San Diego Law Review 167 (February-March, 2023) |
C1-2Table of Contents I. Introduction. 168 II. Background. 172 A. Historical Context of Transnational Gangs Dominating the Northern Triangle. 172 B. The Differences Between Asylum and Withholding of Removal. 180 C. The Evolution of the BIA's Interpretation of a PSG. 185 1. In re Acosta Produces the Immutability Characteristics Test. 186 2. The BIA... |
2023 |
| Yung-hua Kuo |
FROM VULNERABILITY TO RESILIENCE: DISASTER RECOVERY LAWS AND INDIGENOUS ADAPTIVE STRATEGIES IN TAIWAN |
24 Asian-Pacific Law and Policy Journal 1 (Spring, 2023) |
I. Introduction. 2 II. Legal History of Indigenous Peoples in Taiwan. 8 A. Precolonial Era (- the Seventeenth Century). 8 B. The Qing Era (1683 - 1895). 10 C. Japanese-Ruled Period (1895 - 1945). 12 D. Republic of China Assimilation and Relocation Policy (1945 - 1987). 15 E. Indigenous Movements and Reclaiming Rights (1987 - Present). 18 III.... |
2023 |