| Author | Title | Citation | Summary | Year |
| Hannah Haksgaard |
INCLUDING UNMARRIED WOMEN IN THE HOMESTEAD ACT OF 1862 |
67 Wayne Law Review 253 (Winter, 2022) |
Abstract. 253 I. Introduction. 254 II. The Context for the Debate. 261 A. American Policy on the Distribution of Public Lands. 261 B. Unmarried Women's Legal Rights. 266 III. Congressional Debate Leading to the Homestead Act of 1862. 270 A. The Twenty-Eighth Congress: 1843-1845. 273 B. The Twenty-Ninth Congress: 1845-1847. 273 C. The Thirtieth... |
2022 |
| Scott Titshaw |
INHERITING CITIZENSHIP |
58 Stanford Journal of International Law 1 (Winter, 2022) |
Most of us become citizens at birth based either on our birthplace or our parents' citizenship status. Over thirty countries recognize birthplace citizenship, but inherited citizenship is nearly universal. Such universal legal rules are rare, and they are particularly remarkable in the context of citizenship, where state sovereignty is near its... |
2022 |
| Cassandra Burke Robertson , Irina D. Manta |
INTEGRAL CITIZENSHIP |
100 Texas Law Review 1325 (June, 2022) |
Does the Constitution's promise of birthright citizenship to all born in the United States cover the United States Territories? Residents of the Territories have regularly sought judicial recognition of their equal birthright citizenship under the Fourteenth Amendment, most recently in some prominent cases reaching federal appellate courts. When... |
2022 |
| Luz E. Herrera , Pilar Margarita Hernández, Escontrías, Ph.D. |
LATINXS RESHAPING LAW & POLICY IN THE U.S. SOUTH |
31 Southern California Review of Law & Social Justice 1 (Winter, 2022) |
This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this... |
2022 |
| Frank W. Munger, Carroll Seron |
LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA |
66 New York Law School Law Review 175 (2021/2022) |
EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... |
2022 |
| Laila L. Hlass |
LAWYERING FROM A DEPORTATION ABOLITION ETHIC |
110 California Law Review 1597 (October, 2022) |
This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight connected... |
2022 |
| Daniel S. Harawa |
LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE |
110 California Law Review 681 (June, 2022) |
The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... |
2022 |
| Asees Bhasin |
LOVE IN THE TIME OF ICE: HOW PARENTS WITHOUT PAPERS ARE STRIPPED OF THE RIGHT TO RAISE THEIR CHILDREN IN A SAFE AND HEALTHY ENVIRONMENT |
36 Georgetown Immigration Law Journal 875 (Spring, 2022) |
This Article analyzes narratives around immigrant reproduction and traces the construction of immigrants as bad and unfit parents. It seeks to connect these perceptions, which are driven by nativist and racist beliefs, to the formulation of laws and policies that are designed to unleash violence and fear on undocumented people and their families.... |
2022 |
| Neha Jain |
MANUFACTURING STATELESSNESS |
116 American Journal of International Law 237 (April, 2022) |
Having recently emerged from its unenviable status as the runt of international law, the phenomenon of statelessness nonetheless eludes traditional international legal instruments. Confronted with questions of nationality that typically fall within the domain of sovereignty, international and regional human rights bodies struggle to rein in the... |
2022 |
| Ellen D. Katz |
MARY LOU GRAVES, NOLEN BREEDLOVE, AND THE NINETEENTH AMENDMENT |
20 Georgetown Journal of Law & Public Policy 59 (Winter, 2022) |
This close examination of two cases is part of a larger ongoing project to provide a distinct account of the Nineteenth Amendment. In 1921, the Alabama Supreme Court held the Nineteenth Amendment required that any poll tax be imposed equally on men and women. Sixteen years later, the Supreme Court disagreed. Juxtaposing these two cases, and telling... |
2022 |
| Atinuke O. Adediran |
NONPROFIT BOARD COMPOSITION |
83 Ohio State Law Journal 357 (2022) |
This Article addresses a critical gap in the literature and current debates about the composition of nonprofit boards. The law of fiduciary duties and nonprofit governance best practices do not provide sufficient guidance on how to compose boards to empower the communities they serve. And even as the corporate sector is seizing on current important... |
2022 |
| Alex B. Long |
OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") |
55 U.C. Davis Law Review 1717 (February, 2022) |
C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... |
2022 |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review 1289 (September, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review Online 239 (August, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
| Khaled A. Beydoun |
ON TERRORISTS AND FREEDOM FIGHTERS |
136 Harvard Law Review Forum 1 (20-Oct-22) |
The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... |
2022 |
| Jacob Bronsther , Guha Krishnamurthi |
OPTIONAL LEGISLATION |
107 Minnesota Law Review 297 (November, 2022) |
Not since the nineteenth century has partisanship been this intense. The only thing that Democrats and Republicans can agree upon, it seems, is that Washington is broken. Indeed, for years now, Congress has been unable to pass legislation on issues that pose serious risk to the nation and on which there is broad consensus for a federal solution... |
2022 |
| Eisha Jain |
POLICING THE POLITY |
131 Yale Law Journal 1794 (April, 2022) |
The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of Chinese descent living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible... |
2022 |
| Marissa Jackson Sow |
PROTECT AND SERVE |
110 California Law Review 743 (June, 2022) |
There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... |
2022 |
| Donald T. Hornstein |
PUBLIC INVESTMENT IN CLIMATE RESILIENCY: LESSONS FROM THE LAW AND ECONOMICS OF NATURAL DISASTERS |
49 Ecology Law Quarterly 137 (2022) |
This Article takes issue with an important claim in the public choice and climate disaster literature: that American political markets will not allow appropriate investments in disaster preparedness and prevention, even when those investments are cost-benefit bargains. The claim is significant because the costs of climate disasters in the... |
2022 |
| Ming Hsu Chen |
PURSUING CITIZENSHIP DURING COVID-19 |
93 University of Colorado Law Review 489 (Winter, 2022) |
Introduction. 490 I. Building Pathways to Citizenship. 491 A. Meaning of Citizenship. 492 B. Integration. 494 C. Enforcement. 496 II. Shifting Political Conditions and Implications for the Paths Not Taken. 500 A. Formal Paths to Citizenship. 503 B. Substantive Paths to Citizenship. 504 1. Social: From Alien to Noncitizen to Citizen. 504 2.... |
2022 |
| Edward A. Purcell, Jr. |
RACE ACROSS THE CURRICULUM: A TEAM-TAUGHT COURSE ON LAW AND RACE IN AMERICA |
66 New York Law School Law Review 125 (2021/2022) |
Faculty members at New York Law School have long been moved by the continuing problems of race relations in America and by questions of how law and legal education might be able to contribute to their amelioration. During the 2015-2016 academic year, a group of more than twenty members of the NYLS faculty began a cooperative project to develop a... |
2022 |
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
| Eric S. Fish |
RACE, HISTORY, AND IMMIGRATION CRIMES |
107 Iowa Law Review 1051 (March, 2022) |
ABSTRACT: The two most frequently charged federal crimes are immigration crimes: the misdemeanor of entering the United States without inspection, and the felony of reentering the United States after deportation. Federal prosecutors charge tens of thousands of people with these two crimes each year. In 2019, these two crimes comprised a majority of... |
2022 |
| Cyra Akila Choudhury |
RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE |
91 University of Cincinnati Law Review 1 (2022) |
Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... |
2022 |
| Atinuke O. Adediran |
RACIAL ALLIES |
90 Fordham Law Review 2151 (April, 2022) |
Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes... |
2022 |
| Kevin D. Brown , Kenneth G. Dau-Schmidt |
RACIAL AND ETHNIC ANCESTRY OF THE NATION'S BLACK LAW STUDENTS: AN ANALYSIS OF DATA FROM THE LSSSE SURVEY |
22 Berkeley Journal of African-American Law & Policy 1 (2022) |
Introduction. 2 I. Changing Racial and Ethnic Ancestries of Black People in the United States Since Affirmative Action Began. 6 A. Historical Race and Ethnicity of Black People at the Commencement of Affirmative Action. 6 B. Current Racial and Ethnic Ancestry of Black People. 8 C. Impact of Change in Census Definitions on the Ability to Collect... |
2022 |
| E. Tendayi Achiume |
RACIAL BORDERS |
110 Georgetown Law Journal 445 (March, 2022) |
This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... |
2022 |
| Stewart Chang |
RACIAL CONTAGION: ANTI-ASIAN NATIONALISM, THE STATE OF EMERGENCY, AND EXCLUSION |
9 Belmont Law Review 486 (Spring, 2022) |
Introduction. 486 I. Contagion, Yellow Peril, and Exclusion. 491 II. Korematsu, Internment, and the Enemy Within. 501 III. The Chinese Virus and the COVID-19 Travel Bans. 506 Conclusion. 510 |
2022 |
| Jennifer M. Chacón |
RECOUNTING: AN OPTIMISTIC ACCOUNT OF MIGRATION |
110 California Law Review 1041 (June, 2022) |
Introduction. 1041 I. Some Definitions. 1046 II. Existing Frames: Refugees and Beyond. 1050 III. The Costs of Current Choices. 1055 IV. Toward Optimism. 1059 Conclusion. 1063 Postscript. 1064 |
2022 |
| Harvey Gee |
REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? |
100 Oregon Law Review 461 (2022) |
Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... |
2022 |
| M. Akram Faizer |
REFORMING STATE ELECTORAL COLLEGE LAWS TO DEPOLARIZE AMERICAN POLITICS |
70 Cleveland State Law Review 145 (2022) |
Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer... |
2022 |
| Rose Cuison-Villazor |
REJECTING CITIZENSHIP |
120 Michigan Law Review 1033 (April, 2022) |
Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... |
2022 |
| Dylan Farrell-Bryan , Department of Sociology, University of Pennsylvania, Philadelphia, Pennsylvania, USA |
RELIEF OR REMOVAL: STATE LOGICS OF DESERVINGNESS AND MASCULINITY FOR IMMIGRANT MEN IN REMOVAL PROCEEDINGS |
56 Law and Society Review 167 (June, 2022) |
In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical... |
2022 |
| Ingrid Eagly, Tali Gires, Rebecca Kutlow, Eliana Navarro Gracian |
RESTRUCTURING PUBLIC DEFENSE AFTER PADILLA |
74 Stanford Law Review 1 (January, 2022) |
Abstract. In the 2010 landmark decision Padilla v. Kentucky, the Supreme Court held that the Sixth Amendment right to counsel demands that criminal defense attorneys inform their clients of adverse immigration consequences that may flow from a guilty plea. Although over a decade has passed since Padilla, astonishingly little is known about how... |
2022 |
| Ediberto Román , Ernesto Sagás |
RHETORIC AND THE CREATION OF HYSTERIA |
107 Cornell Law Review Online 188 (December, 2022) |
When you have fifteen thousand people marching up . how do you stop these people? You shoot them [crowd member shouts] [chuckling, Trump responds:] [O]nly in the panhandle can you get away with that thing. U.S. President Donald Trump When Mexico sends its people, they're not sending their best. They're not sending you. They're not sending... |
2022 |
| |
RIGHT TO A JURY TRIAL |
51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2022 |
| Catherine Y. Kim |
RIGHTS RETRENCHMENT IN IMMIGRATION LAW |
55 U.C. Davis Law Review 1283 (February, 2022) |
This Article analyzes changes in the constitutional status of noncitizens in immigration law over the past generation. It shows that notwithstanding the optimistic predictions of scholars, over the last quarter century, with few exceptions, the Supreme Court has been unwilling to impose a constitutional check on the political branches' immigration... |
2022 |
| Michael Haggerty , Gregory P. Downs |
ROGER TANEY: INTERSECTIONAL RACIST IN AN AGE OF RACIST DIFFERENTIATION |
24 University of Pennsylvania Journal of Constitutional Law 729 (June, 2022) |
In his article Dred Scott and Asian Americans, Gabriel J. Chin creatively and persuasively reads the well-known, much-reviled opinion by Chief Justice Roger Taney in Dred Scott v. Sandford through Taney's little-known opinion in United States v. Dow to argue that Dred Scott should be regarded as pertinent to all people of color, not only African... |
2022 |
| Lenni B. Benson |
SEEING IMMIGRATION AND STRUCTURAL RACISM: IT'S WHERE YOU PUT YOUR EYES |
66 New York Law School Law Review 277 (2021/2022) |
Color is not a human or a personal reality; it is a political reality. --James Baldwin Immigration law is frequently a proxy for racial and ethnic discrimination. The legal fictions and rules that generate our immigration laws would be unconstitutional in any other context. This essay asks you to interrogate your assumptions and to explore the... |
2022 |
| Christopher A. Galeano |
SENATE BILL 54 (2017): CALIFORNIA versus THE LAW ENFORCEMENT LOBBY |
68 UCLA Law Review 1446 (January, 2022) |
Before calls to abolish Immigration Customs and Enforcement (ICE) became a progressive rallying cry throughout the United States, the California Values Act of 2017 (SB 54) promised to freeze ICE out of California. The goal behind SB 54 was to restrict state and local law enforcement entanglement with ICE in the state with the most immigrants in the... |
2022 |
| Huyen Pham, Pham Hoang Van |
SHERIFFS, STATE TROOPERS, AND THE SPILLOVER EFFECTS OF IMMIGRATION POLICING |
64 Arizona Law Review 463 (Summer, 2022) |
As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused... |
2022 |
| Bruce A. Green , Brandon P. Ruben |
SHOULD VICTIMS' VIEWS INFLUENCE PROSECUTORS' DECISIONS? |
87 Brooklyn Law Review 1127 (Summer, 2022) |
When prosecutors make discretionary decisions in criminal cases, how should they take account of individual victims' views of the fair and just outcome? No doubt, many crime victims have views, including about whether the person who harmed them should be prosecuted, diverted from the criminal process, or entirely left alone. But little is written... |
2022 |
| Brian Owsley |
SUPPLY AND DEMAND IN THE ILLEGAL EMPLOYMENT OF UNDOCUMENTED WORKERS |
71 Catholic University Law Review 227 (Spring, 2022) |
The United States is in a quandary regarding immigration. There are over eleven million undocumented aliens residing in the country with about eight million of them working in the American economy. The federal government has criminalized the illegal entry and the illegal reentry into the United States. Moreover, it has enacted a statute making it... |
2022 |
| Rashida Richardson, Amba Kak |
SUSPECT DEVELOPMENT SYSTEMS: DATABASING MARGINALITY AND ENFORCING DISCIPLINE |
55 University of Michigan Journal of Law Reform 813 (Summer, 2022) |
Algorithmic accountability law--focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools--is the subject of lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection and individual due process to encompass a broader range of... |
2022 |
| Kevin R. Johnson |
SYSTEMIC RACISM IN THE U.S. IMMIGRATION LAWS |
97 Indiana Law Journal 1455 (Spring, 2022) |
This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S.... |
2022 |
| Sarah Brady Siff |
TARGETED MARIJUANA LAW ENFORCEMENT IN LOS ANGELES, 1914-1959 |
49 Fordham Urban Law Journal 643 (March, 2022) |
Introduction. 643 I. Anti-Mexican Aims of the First Marijuana Ban. 644 II. Marijuana Was a Whole Different Thing Back Then. 648 III. From Bad to Worse: Racialized Enforcement and New Policing Strategies. 654 IV. Cultural Conquest: Targeting the Hip and Famous. 658 V. Escalation of Unconstitutional Enforcement. 667 Conclusion: Confronting the Legacy... |
2022 |
| Barbara Fedders |
THE ANTI-PARENT JUVENILE COURT |
69 UCLA Law Review 746 (May, 2022) |
This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child's family--creating financial stress, undermining a parent's central role in rearing her child, and damaging the parent-child bond--these parent-harming features... |
2022 |
| Alexis Hoag |
THE COLOR OF JUSTICE |
120 Michigan Law Review 977 (April, 2022) |
Free Justice: a History of the Public Defender in Twentieth Century America. By Sara Mayeux. University of North Carolina Press. 2020. Pp. xi, 271. $26.95. Writing about history requires making certain decisions: when to start the account, what to include and exclude, which documents and artifacts to rely upon, and what questions to address. One... |
2022 |
| Tom I. Romero, II |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
25 CUNY Law Review 241 (Summer, 2022) |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
2022 |
| Thomas Ward Frampton |
THE DANGEROUS FEW: TAKING SERIOUSLY PRISON ABOLITION AND ITS SKEPTICS |
135 Harvard Law Review 2013 (June, 2022) |
Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how abolitionists would address the dangerous few often receives superficial treatment; the problem constitutes a spectral force haunting abolitionist thought . as soon as abolitionist discourses... |
2022 |