| Author | Title | Citation | Summary | Year |
| Nathan Virag, Esq. |
VBF GRANTEE SPOTLIGHT: THE ASSOCIATION OF AFRICANS LIVING IN VERMONT |
48-WTR Vermont Bar Journal 40 (Winter, 2023) |
The Association of Africans Living in Vermont (AALV) is a nonprofit organization in Burlington that provides various free services to refugees and new Americans. The mission of the organization is to promote equal opportunity, dignity, and self-sufficiency for all refugee and immigrant individuals and families in Vermont. The AALV provides are... |
2023 |
| Anna Henson |
VIRTUAL WHAC-A-MOLE: ADDRESSING THE PATCHWORK REGULATION OF ONLINE HATE SPEECH |
31 Michigan State International Law Review 115 (2023) |
This note will discuss hate speech, why it's dangerous, and how it can spread without being detected. This leads to the exploration of existing international, national, and company regulations regarding online hate speech, the identification of holes and inadequacies, and ultimately suggestions for moving forward in a digital age. The note... |
2023 |
| Federica Dell'Orto, Judith Wood |
WAIVERS OF INADMISSIBILITY REQUIREMENTS AND THEIR IMPACT ON APPLICANTS FOR ADJUSTMENT OF STATUS |
2023 Federal Lawyer 10 (2023) |
Adjustment of status is the process of applying for lawful permanent residency in the United States, a process which allows transition from being a non-immigrant visa holder or a foreign national without status to lawful permanent residency. Adjusting status is an option available to only a few categories of people, amongst those: certain relatives... |
2023 |
| Duane Rudolph |
WE HAVE THE RIGHT TO PLAY |
26 University of Pennsylvania Journal of Law and Social Change 369 (2023) |
Abstract. This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River... |
2023 |
| Gregory Ablavsky , W. Tanner Allread |
WE THE (NATIVE) PEOPLE?: HOW INDIGENOUS PEOPLES DEBATED THE U.S. CONSTITUTION |
123 Columbia Law Review 243 (March, 2023) |
The Constitution was written in the name of the People of the United States. And yet, many of the nation's actual people were excluded from the document's drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities' roles as... |
2023 |
| Tori DeLaney |
WHAT DO WE DO WITH YOU: HOW THE UNITED STATES USES RACIAL-GENDERED IMMIGRANT LABOR TO INFORM ITS IMMIGRANT INCLUSION-EXCLUSION CYCLE |
92 University of Cincinnati Law Review 206 (10/20/2023) |
The United States has constructed and continues to enforce gender, race, and labor assumptions through the Immigration and Nationality Act's (INA) deportation rules. The United States crafted its immigration laws to be flexible enough to lean on and vilify immigrant labor depending on the nation's labor needs. Modern enforcement of the INA's... |
2023 |
| Sophia Brill , Senior Counsel to the Assistant Attorney General for National Security , National Security Division |
WHAT IS DOMESTIC TERRORISM AND WHY DOES THE DEFINITION MATTER? |
71 Department of Justice Journal of Federal Law and Practice 7 (August, 2023) |
In recent years, U.S. law enforcement and intelligence agencies have reported a steady rise in threats from domestic terrorists and domestic violent extremists. The number of Federal Bureau of Investigation (FBI) investigations of suspected domestic violent extremists more than doubled between 2020 and 2021, in large part due to the January 6, 2021... |
2023 |
| Erika K. Wilson |
WHITE CITIES, WHITE SCHOOLS |
123 Columbia Law Review 1221 (June, 2023) |
Across the country, violent tactics were employed to create and maintain all-white municipalities. The legacy of that violence endures today. An underexamined space in which that violence endures is within school districts. Many school district boundary lines encompass geographic areas that were created as whites-only municipalities through both... |
2023 |
| Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod |
WHY CRIMINAL DEFENDANTS COOPERATE: THE DEFENSE ATTORNEY'S PERSPECTIVE |
117 Northwestern University Law Review 1351 (2023) |
Abstract--Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation... |
2023 |
| Sonia M. Suter , The George Washington University Law School, Washington, DC, USA |
WHY REASON-BASED ABORTION BANS ARE NOT A REMEDY AGAINST EUGENICS: AN EMPIRICAL STUDY |
10 Journal of Law & the Biosciences 1 (January-June, 2023) |
In Box v Planned Parenthood, Justice Thomas wrote an impassioned concurrence describing abortions based on sex, disability or race as a form of modern-day eugenics'. He defended the challenged Indiana reason-based abortion (RBA) ban as a necessary antidote to these practices. Inspired by this concurrence, legislatures have increasingly enacted... |
2023 |
| David J. Kerastas |
WON'T YOU STAY? ASYLUM FRAUD AND RETURN TO THE COUNTRY OF NATIONALITY |
14 George Mason International Law Journal 54 (Fall, 2023) |
Criminal investigations have shown that the U.S. asylum program is highly vulnerable to fraud. Asylum fraud poses a substantial threat to the program because it crowds out genuine asylees and increases public skepticism of a scarce political resource. So far, U.S. Citizenship and Immigration Services (USCIS) and the Immigration Courts have relied... |
2023 |
| Catherine Kannam |
YOU'RE ON YOUR OWN, KID: THE PLIGHT OF UNACCOMPANIED MINORS WITHOUT REPRESENTATION IN IMMIGRATION COURT |
32 Boston University Public Interest Law Journal 207 (Summer, 2023) |
Abstract. 209 Introduction. 209 I. Legal Background. 212 A. The Data: Unaccompanied Minors in Uncharted Territory. 212 B. How the Immigration System Works in Reality for Unaccompanied Minors. 215 C. The Treatment of Minors in Immigration Court vs. Juvenile Court: The Undeniable Disparity. 216 D. Where We Were: The Trump Administration. 220 E. Where... |
2023 |
| Shikha Silliman Bhattacharjee |
ZONES OF COMPOUNDED INFORMALITY: MIGRANTS IN THE MEGACITY |
46 PoLAR: Political and Legal Anthropology Review 226 (November, 2023) |
This paper introduces the term zones of compounded informality to demarcate locations wherein regulatory exclusions in distinct domains interact to escalate the impact of exclusions for people who live and work in these areas. Based upon a study of India's Delhi, National Capital Region (Delhi-NCR), I explain how the interaction of flexible... |
2023 |
| Benjamin Gonzalez O'Brien |
"A VERY GREAT PENALTY": MEXICAN IMMIGRATION, RACE, AND 8 U.S.C. § 1326 |
37 Maryland Journal of International Law 39 (2022) |
On August 18th, 2021, Chief U.S. District Judge Miranda Du found that 8 U.S.C. § 1326, which criminalizes undocumented reentry, was unconstitutional due to the racial animus that motivated its passage, making it a violation of the Equal Protection Clause of the Fifth Amendment. Her opinion in United States vs. Gustavo Carrillo-Lopez marks an... |
2022 |
| Kylee Verrill |
"COLLATERAL" DAMAGE: IMPLICATIONS OF THE ZERO-TOLERANCE POLICY ON IMMIGRATION |
25 Quinnipiac Health Law Journal 333 (2022) |
Introduction. 335 I. The Fundamentals of U.S. Immigration Law. 335 II. Executive Influence and the Zero-Tolerance Policy. 337 III. Discussion. 341 a. The Zero-Tolerance Policy and the Principles of Immigration Law. 341 b. The Zero-Tolerance Policy and Sociological Issues. 342 c. The Zero-Tolerance Policy and Psychological Trauma. 343 d. Migrant... |
2022 |
| Walter I. Gonçalves, Jr. |
"HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS |
59 American Criminal Law Review 293 (Spring, 2022) |
Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... |
2022 |
| Leslie C. Levin |
"THIS IS NOT NORMAL": THE ROLE OF LAWYER ORGANIZATIONS IN PROTECTING CONSTITUTIONAL NORMS AND VALUES |
69 Washington University Journal of Law & Policy 173 (2022) |
Lawyer organizations in the United States perform a range of functions. Some are essentially social clubs that provide networking opportunities for lawyers. Others help their members stay up to date on changes in the law and provide other educational and material benefits. Through these efforts, lawyer organizations often serve as a site where... |
2022 |
| Tom I. Romero, II |
A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST |
2022 Utah Law Review 751 (2022) |
Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... |
2022 |
| Kara Hartzler |
A FREE PASS ON RACISM: IMMIGRATION AND THE EQUAL PROTECTION DOCTRINE |
37 Maryland Journal of International Law 1 (2022) |
Imagine that in 2023, a new Congress wants to stop Black and Brown people from legally immigrating to the United States. Legislators give speeches on the House and Senate floors complaining about the infusion of negro slave blood. They openly claim that the Mexican peon is poisoning the American citizen. They refer to Black and Brown... |
2022 |
| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
| Steven Sacco |
ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY |
36 Georgetown Immigration Law Journal 693 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... |
2022 |
| Nermeen S. Arastu |
ACCESS TO A DOCTOR, ACCESS TO JUSTICE? AN EMPIRICAL STUDY ON THE IMPACT OF FORENSIC MEDICAL EXAMINATIONS IN PREVENTING DEPORTATIONS |
35 Harvard Human Rights Journal 47 (Spring, 2022) |
Year after year, the United States has remained the world's largest recipient of humanitarian-based immigration applications. Those seeking protection here must navigate a backlogged and increasingly restrictive system, oftentimes without access to counsel. Most individuals applying for humanitarian relief must prove that they survived egregious... |
2022 |
| Sadie M. Casamenti |
ACTS OF JUSTICE: RESTORING JUSTICE FOR IMMIGRANTS THROUGH STATE PARDONS |
43 Cardozo Law Review 2473 (August, 2022) |
C1-2Table of Contents Introduction. 2474 I. Background. 2479 A. Plenary Power and the Erosion of Federal Exclusivity Over Immigration. 2479 1. Traditional Understandings of Plenary Power. 2479 2. The Shift from Plenary Power to the Recognition of State Authority in Protecting Immigrants. 2481 B. Pardon Powers and State Sovereignty. 2483 1. Origins... |
2022 |
| Cyra Akila Choudhury , Shruti Rana |
ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY |
51 Southwestern Law Review 287 (2022) |
To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... |
2022 |
| Bill Ong Hing |
ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS |
9 Belmont Law Review 357 (Spring, 2022) |
Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... |
2022 |
| Ashley Albert , Amy Mulzer |
ADOPTION CANNOT BE REFORMED |
12 Columbia Journal of Race and Law 1 (July, 2022) |
I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... |
2022 |
| Gabriela Vasquez |
AMERICAN EXCLUSION DOCTRINE: A RESPONSE TO LIBERAL DEFENSES OF STARE DECISIS |
28 National Black Law Journal 1 (2022) |
Stare decisis has long been considered a conservative doctrine. Yet, in recent years, liberals have taken up a defense of the legal principle in efforts to preserve key liberal precedents. Despite the existing critiques of stare decisis as oppressive, political, and inconsistent, advocates along the entire political spectrum continue to claim its... |
2022 |
| Anna Arons |
AN UNINTENDED ABOLITION: FAMILY REGULATION DURING THE COVID-19 CRISIS |
12 Columbia Journal of Race and Law 1 (4-Apr-22) |
In a typical year, New York City's vast family regulation system, fueled by an army of mandated reporters, investigates tens of thousands of reports of child neglect and abuse, policing almost exclusively poor Black and Latinx families even as the government provides those families extremely limited support. When the City shut down in the wake of... |
2022 |
| Peter H. Huang |
ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY |
16 FIU Law Review 669 (Spring, 2022) |
This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... |
2022 |
| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
| Amy Reavis |
BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS |
46 New York University Review of Law and Social Change 362 (2022) |
The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... |
2022 |
| Kara W. Swanson |
CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE |
25 Stanford Technology Law Review (2022) (Spring, 2022) |
This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... |
2022 |
| Ariana R. Levinson , Sonya Faber , Dana Strauss , Sophia Gran-Ruaz , Amy Bartlett , Maria Macaluso , Monnica T. Williams |
CHALLENGING JURORS' RACISM |
57 Gonzaga Law Review 365 (2021/2022) |
Despite overwhelming documentation of disproportionate arrest, prosecution, conviction, and incarceration of Black Americans and the many psychological tools available to assess racism and implicit bias, anti-racist jury selection remains an understudied area of research. An evidence-based, anti-racist jury selection process is an urgent need,... |
2022 |
| Emily Ryo , Reed Humphrey |
CITIZENSHIP DISPARITIES |
107 Minnesota Law Review 1 (November, 2022) |
Introduction. 2 I. Naturalization: Past and Present. 9 A. Substantive Requirements for Naturalization. 10 B. Adjudication Process. 11 C. Overview of Denials and Delays. 14 D. Naturalization Adjudication as Boundary Policing. 18 II. The Current Study. 20 A. Data. 20 B. Coding and Analytical Approach. 22 III. Study Findings. 26 A. Approval Rate. 28... |
2022 |
| Emily R. Chertoff |
CITIZENSHIP FEDERALISM |
81 Maryland Law Review 503 (2022) |
Immigration federalism has attracted overwhelming attention from scholars and advocates in recent years. Despite this, the scholarship has not fully explored the outer limits of states' power to regulate noncitizens. This Article attempts to provide one account of these outer limits. To do so, it uses as a case study an important group of... |
2022 |
| Yael Cannon |
CLOSING THE HEALTH JUSTICE GAP: ACCESS TO JUSTICE IN FURTHERANCE OF HEALTH EQUITY |
53 Columbia Human Rights Law Review 517 (Spring, 2022) |
A massive civil justice gap plagues the United States. Every day, low-income Americans--and disproportionately people of color--go without the legal information and representation they need to enforce their rights. This can cost them their homes, jobs, food security, or children. But unmet civil legal needs in housing, employment, and public... |
2022 |
| Jeena Shah |
COMMUNITY LAWYERING IN RESISTANCE TO NEOLIBERALISM |
120 Michigan Law Review 1061 (April, 2022) |
An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings. New York: Oxford University Press. 2021. Pp. xxi, 661. $44.95. 1. . This is a multi-layered city, unceremoniously built on hills, valleys, ravines. Flying into Burbank airport in the day, you observe gradations of trees and earth. A city seems to be an afterthought,... |
2022 |
| S. Priya Morley |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
69 UCLA Law Review Discourse 100 (2022) |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
2022 |
| Shannah Colbert |
CONSTITUTIONAL LAW--DEVICE SEARCHES ABSENT REASONABLE SUSPICION ALLOW SECURITY INTERESTS TO OUTWEIGH PRIVACY CONCERNS AND AMPLIFY BIAS AT THE U.S. BORDER--ALASAAD v. MAYORKAS, 988 F.3D 8 (1ST CIR. 2021) |
27 Suffolk Journal of Trial and Appellate Advocacy 295 (2021-2022) |
The Constitution of the United States sets forth fundamental principles that create a national government, divide its power, and protect individual liberties. Although the Fourth Amendment forbids unreasonable searches and seizures, some searches, such as those conducted at the United States border, are subject to exceptions. In Alasaad v.... |
2022 |
| Shani M. King |
CONTEXTUALIZING (CHILDREN'S) IMMIGRATION IN LAW, HISTORY, THEORY AND POLITICS |
2022 Michigan State Law Review 187 (2022) |
Introduction. 188 I. Othering--A Brief Interpretation. 192 II. The Child as an Other. 194 A. Children as Others: Dependency (Nonadults) in Immigration Law. 198 B. Children as Others: Their Alienage or the Alienage of Their Parents in Family Law. 210 C. Repetition of Othering Narratives in Application of Welfare and Education Laws. 213 III. A... |
2022 |
| Madeleine Powers |
COUNTERING THE CRIMINAL NATURE OF IMMIGRATION ENFORCEMENT: A PROPOSAL TO EXPAND CONSTITUTIONAL SAFEGUARDS |
21 Seattle Journal for Social Justice 51 (Fall, 2022) |
The Supreme Court of the United States has maintained that immigration deportation proceedings are purely civil actions and are not criminal proceedings intended to punish unlawful entry or presence of noncitizens. Given this classification, noncitizens facing deportation are not afforded many of the same constitutional safeguards as defendants... |
2022 |
| Anna Reed |
CRUEL DILEMMAS IN CONTEMPORARY FERTILITY CARE: PROBLEMATIZING AMERICA'S FAILURE TO ASSURE ACCESS TO FERTILITY PRESERVATION FOR TRANS YOUTH |
29 Michigan Journal of Gender & Law 95 (2022) |
C1-2Table of Contents Introduction. 96 I. Background: Fertility Care in the U.S.. 97 A. Catch-22s: Problematizing Parental Involvement & Insurance Gaps in the Context of Fertility Preservation. 100 1. Parental Consent Laws Prevent Youth from Accessing the Care they Need. 100 2. High Out-of-Pocket Costs & the Unavailability of Insurance Coverage... |
2022 |
| Shoba Sivaprasad Wadhia , Margaret Hu |
DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN |
93 University of Colorado Law Review 325 (Winter, 2022) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |
| Karla McKanders |
DECONSTRUCTING RACE IN IMMIGRATION LAW'S ORIGIN STORIES |
37 Maryland Journal of International Law 18 (2022) |
This symposium, Race, Sovereignty, and Immigrant Justice, explores the racialized history of immigration laws and their enforcement with the goal of rethinking possibilities for immigrant justice, sovereignty, and human rights. This Essay uses Critical Race Theory to explore how the plenary powers doctrine promotes immigration exceptionalism which... |
2022 |
| Prashasti Bhatnagar |
DEPORTABLE UNTIL ESSENTIAL: HOW THE NEOLIBERAL U.S. IMMIGRATION SYSTEM FURTHERS RACIAL CAPITALISM AND OPERATES AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH |
36 Georgetown Immigration Law Journal 1017 (Spring, 2022) |
This Note situates the U.S. immigration system itself as a negative social determinant of health that threatens the health and well-being of immigrants-- particularly laborers and agricultural workers--through racialized expropriation and exploitation of their labor. Section I uses the Chinese Exclusion Act and Bracero Program as examples to... |
2022 |
| Shoba Sivaprasad Wadhia |
DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA |
29 Asian American Law Journal 49 (2022) |
This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... |
2022 |
| Anita L. Allen |
DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM |
131 Yale Law Journal Forum 907 (20-Feb-22) |
abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... |
2022 |
| Chris Chambers Goodman , Natalie Antounian |
DISMANTLING THE MASTER'S HOUSE: ESTABLISHING A NEW COMPELLING INTEREST IN REMEDYING SYSTEMIC DISCRIMINATION |
73 Hastings Law Journal 437 (February, 2022) |
This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial... |
2022 |
| Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
| Kevin Brown, Lalit Khandare, Annapurna Waughray, Kenneth Dau-Schmidt, Theodore M. Shaw |
DOES U.S. FEDERAL EMPLOYMENT LAW NOW COVER CASTE DISCRIMINATION BASED ON UNTOUCHABILITY?: IF ALL ELSE FAILS THERE IS THE POSSIBLE APPLICATION OF BOSTOCK v. CLAYTON COUNTY |
46 New York University Review of Law and Social Change 117 (2022) |
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The... |
2022 |