| Author | Title | Citation | Summary | Year |
| Robert Knowles |
HOW LOCHNERISM ENDS |
56 Seton Hall Law Review 65 (2025) |
The Roberts Court's aggressive push for deregulation--often called New Lochnerism--seems ascendant in constitutional jurisprudence. The Court has revived Lochner-era judicial activism--dismantling bases for agency power, constitutionalizing free-market principles via the First Amendment, and using novel interpretive doctrines to curb the reach of... |
2025 |
| Xuan W. Tay |
HOW NATIONAL NARRATIVES SHAPE THE SOVEREIGNTY OF NATION-STATES |
46 University of Pennsylvania Journal of International Law 1037 (Summer, 2025) |
This Article is broadly about the relationship between narratives and international legal behavior. It is specifically about the relationship between narratives about the nation-state, and how individuals think about sovereignty. In the main discussion, I introduce a cross-disciplinary theory which brings into view the national narrative's role in... |
2025 |
| Abigail “Abby” Reinhard Greene |
HOW THE UNITED STATES FAILS IMMIGRANT YOUTH |
28 University of the District of Columbia Law Review 172 (Spring, 2025) |
Immigrants are some of the most marginalized members of society. Immigrant youth, in particular, endure additional stresses due to their dual status as children and immigrants. Many fled their home country from persecution or entered the U.S. without a parent or legal guardian. By May 2024, over 120 million individuals were forcibly displaced... |
2025 |
| Els De Busser |
HUMAN RIGHTS IN TECHNOLOGY--A NEED FOR A NEW NORM |
57 Case Western Reserve Journal of International Law 109 (Spring, 2025) |
The field of cyber security has relied on norms quite heavily to govern the behavior of states and non-state actors in cyberspace. However, existing norms do not offer guidance on integrating attention to human rights into the design and development of digital consumer products. This Paper introduces a way to foresee the human rights impact of new... |
2025 |
| Ron Hayduk |
IMMIGRANT VOTING RIGHTS AND THE QUEST FOR UNIVERSAL SUFFRAGE |
60 Harvard Civil Rights-Civil Liberties Law Review 317 (Winter, 2025) |
C1-2Table of Contents Introduction. 317 I. Should Noncitizens Have the Vote Too?. 323 A. The Rise and Fall of Alien Suffrage in American History. 324 B. Contemporary Campaigns to Restore Immigrant Voting Rights. 332 C. Right-wing Responses. 334 D. The Quest for Universal Suffrage. 338 Conclusion. 342 |
2025 |
| Charis E. Kubrin, Graham C. Ousey |
IMMIGRATION AND CRIME IN COMPARATIVE PERSPECTIVE: AN EMERGING FRAMEWORK FOR RESEARCH |
54 Crime and Justice 257 (2025) |
Research on immigration and crime has experienced unprecedented growth. Studies reveal that immigration is not associated with increased crime rates in many countries including the United States, Canada, and Australia. In other places such as Europe, the findings are more mixed. Yet, limitations in this body of work hamper our understanding. In... |
2025 |
| Stella Burch Elias |
IMMIGRATION FEDERALISM IN THE SECOND TRUMP ADMINISTRATION |
61 Idaho Law Review 291 (2025) |
This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government's... |
2025 |
| Matthew Vogel |
IMMIGRATION INTERFERENCE: HOW IMMIGRATION LAW CREATES A SHADOW CRIMINAL LEGAL SYSTEM |
47 University of Arkansas at Little Rock Law Review 611 (Summer, 2025) |
With the Trump Administration's war on immigrants ostensibly focusing, at the time of this writing, on criminal aliens, the intersection of criminal law and immigration law is more fraught than ever. In this climate, César Cuauhtémoc García Hernández's recent book Welcome the Wretched: In Defense of the Criminal Alien, is timely. There, García... |
2025 |
| Jill E. Family |
IMMIGRATION LAW AFTER CHEVRON'S DEMISE |
104 Oregon Law Review 75 (2025) |
Abstract. 76 Introduction. 77 I. The Implementation of Immigration Law Raises Humanitarian Concerns. 79 A. The Immigration Agencies and Liberty. 79 B. The Dysfunctional Immigration System. 85 II. The Move from Chevron to Loper Bright. 89 A. Court Deference to Agency Legal Conclusions: A Short History. 89 B. Skidmore and Immigration Statutes During... |
2025 |
| Megan Niemitalo |
IMMIGRATION, FEDERALISM, AND THE INVASION CLAUSES: WHO HAS A SEAT AT THE TABLE IN DISPUTES OVER THE STATE POWER TO REPEL "IMMIGRANT INVADERS" |
110 Minnesota Law Review 1015 (December, 2025) |
In Arizona v. United States, the Supreme Court famously invalidated an Arizona statute that criminalized immigration violations and empowered state officials to enforce immigration law. Arizona seemed to settle the issue of whether states can regulate immigration for the following decade. In the last year, however, questions around the division of... |
2025 |
| Deenesh Sohoni, Vivian Eulalia Hamilton, Chinua Thelwell |
IN THROUGH THE SIDE DOOR: ANTI-ASIAN NATIVISM, U.S. IMMIGRATION, AND FOREIGN POLICY--A LEGAL HISTORY AND CASE STUDY |
64 Washburn Law Journal 249 (Winter, 2025) |
The 19- and early 20-centuries were marked by pervasive anti-Asian sentiment, and antipathy towards people of color more generally. Giving legal effect to the anti-Asian nativism prevalent at the time, U.S. policies prohibited most Asian immigration and naturalization. In particular, immigration laws sought to exclude Asian laborers and... |
2025 |
| David Korostyshevsky , Instructor, Department of History, Colorado State University, Fort Collins, CO 80524, USA, Email: david.korostyshevsky@colostate.edu |
INCAPABLE OF MANAGING HIS ESTATE: HABITUAL DRUNKARDS AND THE EXPANSION OF GUARDIANSHIP IN THE NINETEENTH-CENTURY UNITED STATES |
43 Law and History Review 795 (November, 2025) |
During the first half of the nineteenth century, Mid-Atlantic States expanded guardianship to include habitual drunkards. Legislators in Pennsylvania, New York, and New Jersey empowered courts to put habitual drunkards under guardianship, a legal status that stripped them of their rights to own property, enter into contracts, make wills, and, in... |
2025 |
| David Korostyshevsky , Instructor, Department of History, Colorado State University, Fort Collins, CO 80524, USA, Email: david.korostyshevsky@colostate.edu |
INCAPABLE OF MANAGING HIS ESTATE: HABITUAL DRUNKARDS AND THE EXPANSION OF GUARDIANSHIP IN THE NINETEENTH-CENTURY UNITED STATES |
43 Law and History Review 795 (November, 2025) |
During the first half of the nineteenth century, Mid-Atlantic States expanded guardianship to include habitual drunkards. Legislators in Pennsylvania, New York, and New Jersey empowered courts to put habitual drunkards under guardianship, a legal status that stripped them of their rights to own property, enter into contracts, make wills, and, in... |
2025 |
| Julian M. Hill |
INTEGRATING HEALING JUSTICE INTO WORKER COOPERATIVE COUNSELING |
52 Fordham Urban Law Journal 881 (April, 2025) |
Unaddressed trauma among workers negatively impacts their experience in the workplace, including the cooperative workplace. While lawyers who counsel worker cooperatives may develop conflict resolution tools, they far less commonly provide resources for responding to worker trauma that can, and often does, lead to conflict in the first place.... |
2025 |
| John D. Bessler |
INTERNATIONAL ABOLITIONIST ADVOCACY: THE RISE OF GLOBAL NETWORKS TO ADVANCE HUMAN RIGHTS AND THE PROMISE OF THE WORLDWIDE CAMPAIGN TO ABOLISH CAPITAL PUNISHMENT |
34 Minnesota Journal of International Law 1 (Spring, 2025) |
The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly's adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in... |
2025 |
| Xueying (Cathy) Zeng |
INVISIBLE LABOR, INVISIBLE RIGHTS: AN INTERSECTIONAL ANALYSIS ON THE UNITED STATES' AU PAIR PROGRAM |
45 Columbia Journal of Gender and Law 340 (2025) |
Immigrant women of color have long formed the backbone of the American domestic workforce, and in the past few decades, they have been increasingly stepping in to fill the country's deepening childcare crisis. While scholars have examined the racialized, gendered, and classed dimensions of domestic labor and the transnational global nanny chain,... |
2025 |
| Anita L. Allen , Christopher Muhawe |
IS PRIVACY REALLY A CIVIL RIGHT? |
40 Berkeley Technology Law Journal 1 (2025) |
Sixty years ago, President Lyndon Johnson signed the Civil Rights Act of 1964. Civil rights laws aimed at curbing discrimination and inequality in federal programs, public accommodations, housing, employment, education, voting and lending faced opposition before the Act and continue to do so today. Nevertheless, a swell of legal scholars, policy... |
2025 |
| Jose Atiles, Department of Sociology, University of Illinois at Urbana-Champaign, Urbana, IL, USA, Email: jatiles@illinois.edu |
ISLANDS OF SOVEREIGNTY: HAITIAN MIGRATION AND THE BORDERS OF EMPIRE. BY JEFFREY KAHN. CHICAGO: CHICAGO UNIVERSITY PRESS, 2019 |
59 Law and Society Review 217 (March, 2025) |
In a time when mass deportations are framed as sound migration policy and Haitian communities become focal points in racialized political debates in the United States, and Haiti endures a prolonged multilayered humanitarian, political, and economic crisis, Jeffrey Kahn's Islands of Sovereignty: Haitian Migration and the Borders of Empire (2019)... |
2025 |
| Catherine L. Fisk |
JEWISH LAWYERS AND THE LABOR MOVEMENT |
93 Fordham Law Review 1159 (March, 2025) |
Introduction. 1159 I. The Attractions of Labor Radicalism. 1161 A. Strangers in America Became Social Critics and Then Socialists. 1161 B. Radicalized by Events. 1165 C. Attractions of Law. 1166 D. A National Stage. 1167 E. Rebellion Against Family and Conventionality. 1169 II. What Pushed Lawyers into Union Work?. 1170 A. Racism and Antisemitism.... |
2025 |
| Chance J. Harper |
LEGISLATING MORALITY: THE HISTORICAL CONSEQUENCES OF THE MANN ACT ON THE AMERICAN PUBLIC |
25 Wyoming Law Review 433 (2025) |
I. Introduction. 434 II. Background. 436 A. The Resurgency of Christian Culture in Law and Society. 437 III. Commerce Power. 440 A. Transportation of Others as Commerce. 442 B. Other Vices in Commerce. 445 IV. Moralizing Commerce through Hoke and Wilson. 447 V. Immoral Acts. 449 A. Expansion of Persecuted Acts. 450 B. Opposition to the Expansion.... |
2025 |
| Martin S. Min |
LIBERTÉ OR ÉGALITÉ? STRICTLY SCRUTINIZING "COLORBLIND" EQUALITY JURISPRUDENCE IN THE UNITED STATES AND FRANCE |
26 Rutgers Race & the Law Review 154 (2025) |
There is a general understanding in American legal discourse that colorblind constitutionalism requires equal treatment between individuals without regard to race. This manifests as requiring strict scrutiny review of governmental actions that employ race to distinguish people. Countries like France reveal different interpretations of the meaning... |
2025 |
| Jennifer M. Chacón |
LOVING'S BORDERS |
113 California Law Review 1075 (June, 2025) |
In a term filled with high-profile cases, Department of State v. Muñoz did not receive high-profile treatment. But the case was a critically important successor to Dobbs v. Jackson Women's Health Organization. In Muñoz, the Court continued efforts, launched in Dobbs, to shrink the protective force of the Due Process Clause. Even more significantly,... |
2025 |
| Asim Zaidi |
MAJOR QUESTIONS IN THE PLENARY POWER DOMAIN |
72 UCLA Law Review 256 (May, 2025) |
Immigration law has been described as a field of constitutional oddity. Under the plenary power doctrine, courts have deferred to government decisions on immigration policy that would plainly violate constitutional rights outside of the immigration context. Courts have wielded the plenary power doctrine as a tool of systemic racism, using it to... |
2025 |
| Jill Marie Gerschutz-Bell |
MEMBERSHIP IN A "PARTICULAR SOCIAL GROUP": THE NARROW ACCESS TO ASYLUM FOR GANG-AFFECTED YOUTH |
51 University of Dayton Law Review 109 (Fall, 2025) |
I. Introduction. 109 II. Background. 112 A. Challenging Requirements for All Asylum-Seekers. 112 1. Home Government Unable or Unwilling to Protect. 112 2. The Nexus Requirement. 113 B. Additional Challenges for Asylum-Seekers Based on Membership in a Particular Social Group. 114 1. The Hurdle of Immutable Characteristic. 115 2. The Hurdles of... |
2025 |
| Arnold Brown Jr. |
MONOCHROMACY OF JUSTICE: THE GLOBAL COST OF RACIAL COLORBLINDNESS |
74 DePaul Law Review 995 (Spring, 2025) |
C1-2Table of Contents I. Introduction. 996 II. Background. 997 A. Colorblindness in the United States of America. 998 1. The History of Race-Conscious Policies. 998 2. How Courts Define and Defend Equality. 1000 3. Historical Origins of the Colorblind Doctrine. 1002 a. Colorblindness in the Postbellum Period. 1003 b. Colorblindness in the Modern... |
2025 |
| Chaumtoli Huq |
MUSLIM AMERICAN WORKERS, FAITH AND LABOR ORGANIZING |
69 Saint Louis University Law Journal 299 (Winter, 2025) |
Islam is one of the fastest-growing religions in the U.S. Muslim-Americans are racially, ethnically and theologically diverse and are a politically engaged constituency. It is a community experiencing immense economic insecurity alongside political vulnerability due to discrimination, which make them inclined to labor organizing. Despite these... |
2025 |
| Matthew Boaz |
NARRATIVE DRIP AND OTHER METAPHORS FOR DATA-RESISTANT IMMIGRATION ENFORCEMENT |
48 University of Arkansas at Little Rock Law Review 1 (Fall, 2025) |
If I have to create stories . then that's what I'm going to do. JD Vance, Vice President of the United States In the United States, the first few months of 2025 have been besieged by rapid, broadscale, and far-reaching actions by the executive branch. While the entire federal government and reliant agencies have been reeling from mass firings,... |
2025 |
| Catherine Y. Kim |
NARRATIVE IN IMMIGRATION LAW |
32 Asian American Law Journal 1 (2025) |
Immigration remains one of the most divisive issues of our times. Yet contemporary debates about asylum, economic migrants, chain migration, and undocumented migration occur at a level of abstraction bereft of human context. This Article challenges the flattening and erasure of immigrants by building on Critical Race Theory's rich tradition of... |
2025 |
| Mariana Peixoto Irby , Jordan Center for the Advanced Study of Russia, New York University, New York, New York, USA |
NEXT YEAR I'LL HAVE A RED PASSPORT: DOCUMENTS AND MIGRANT RACIALIZATION IN RUSSIA |
48 PoLAR: Political and Legal Anthropology Review 1 (November, 2025) |
Received: 17 April 2023 Revised: 6 April 2025 Accepted: 13 September 2025 Keywords: citizenship | documents | migration | passportization | racialization This article explores the widespread increase in Russian passport acquisition among citizens of Tajikistan that has taken place in recent years. Political science and policy literature has... |
2025 |
| Yasemin ˙Ipek , Global Affairs Program, George Mason University, Fairfax, Virginia, USA |
NGOING AND ITS IMAGINED AFTERLIVES: ACTIVIST CRITIQUES AFTER THE AUGUST 2020 BEIRUT PORT EXPLOSION |
48 PoLAR: Political and Legal Anthropology Review 1 (November, 2025) |
Received: 4 December 2023 Revised: 4 August 2025 Accepted: 17 August 2025 Keywords: activism | afterlives | Lebanon | NGOs | political critique This article examines the reconfiguration of NGO activism in Lebanon following the catastrophic August 2020 Beirut port explosion. Lebanon's vibrant NGO sector, which flourished in the 1990s, witnessed... |
2025 |
| Steffi Colao |
NO RIGHT TO EXCLUDE: THE EUROPEAN UNION'S REPARATIVE MIGRATION OBLIGATIONS |
41 American University International Law Review 37 (2025) |
In this article, I unify the diverse but related ways that scholars, activists, and people on the move have demanded migration as a form of reparations. I first compare (mostly U.S.-based) theoretical arguments for migration as a form of reparations for colonization, military occupation, and climate harm. I then turn to international legal... |
2025 |
| Ali Hakim, Matei Alexianu |
NON-STATE SANCTIONS: PRIVATE INSTRUMENTS OF INTERNATIONAL LAW |
58 Vanderbilt Journal of Transnational Law 839 (October, 2025) |
Amid the catastrophic wars in Gaza and Ukraine, private organizations have arranged boycotts, bans, and other nonviolent measures to pressure Israel and Russia to comply with international law. These are just the latest examples of a long tradition of international law enforcement by non-state actors. But despite this rich history, international... |
2025 |
| Caroline V. Garrido |
NOT SO FIRMLY SETTLED: HOW THE INCONSISTENT JURISPRUDENCE OF THE FIRM RESETTLEMENT BAR SERVES AS A TOOL FOR ASYLUM SEEKER EXCLUSION |
94 Fordham Law Review 1059 (December, 2025) |
The firm resettlement bar to asylum, designed to limit protections to those without refuge elsewhere, has become a source of inconsistency, confusion, and exclusion in U.S. asylum law. Circuit courts have adopted two different approaches for determining whether an asylum seeker has firmly resettled in a third country. Despite the Board of... |
2025 |
| Malinda L. Seymore |
OBITUARY FOR THE BIRTH CERTIFICATE |
78 SMU Law Review 639 (Summer, 2025) |
Have birth certificates outlived their usefulness? Birth certificates establish an individual's name, identity, age, race, sex and gender, parental authority, and citizenship. In addition, the information collected at the time of birth and reflected on a long-form birth certificate provides data for public health policy, population statistics,... |
2025 |
| Suzanne A. Kim |
ON "SELF" CARE |
57 Connecticut Law Review 317 (January, 2025) |
The dominant answer to popular calls for self care in everyday discourse is a thriving eleven billion dollar industry. The self care economy encompasses workplace wellness programs, consumer goods and services, and entrepreneurship. This infrastructure revolves around commercial consumers and providers and advances through conceptions of health and... |
2025 |
| Joel Andrews Cosme-Morales |
ONE HUNDRED YEARS OF MORALES Y BENET v. LA JUNTA LOCAL DE INSCRIPCIONES: THE USE OF THE INSULAR CASES TO DENY WOMEN'S VOTING RIGHTS IN PUERTO RICO |
32 Michigan Journal of Gender & Law 101 (2025) |
In both Puerto Rico and the United States, we are governed by an electoral system founded on the principle of one person, one vote. Voting in early U.S. history was a privilege, not a universal right, restricted by race and gender. As a result, the institutional structures of early American political and legal systems tended to exclude certain... |
2025 |
| Spencer Overton |
OVERCOMING RACIAL HARMS TO DEMOCRACY FROM ARTIFICIAL INTELLIGENCE |
110 Iowa Law Review 805 (January, 2025) |
ABSTRACT: While the United States is becoming more racially diverse, generative artificial intelligence and related technologies threaten to undermine truly representative democracy. Left unchecked, AI will exacerbate already substantial existing challenges, such as racial polarization, cultural anxiety, antidemocratic attitudes, racial vote... |
2025 |
| Heather Mansfield |
OVERCOMING THE PERSONAL IN PERSECUTION: BARRIERS TO ESTABLISHING "NEXUS' IN DOMESTIC VIOLENCE ASYLUM CLAIMS |
43 Quinnipiac Law Review 502 (2025) |
Gender-based violence impacts one out of every three women, representing approximately seven-hundred million women worldwide. Globally, most homicides are perpetrated against men; however, women are murdered at a disproportionate rate in the private sphere. Intimate partners or other family members commit about fifty-six percent of all female... |
2025 |
| Meghan L. Morris |
PARAMILITARY PROPERTY |
60 Harvard Civil Rights-Civil Liberties Law Review 107 (Winter, 2025) |
Paramilitarism is on the rise in America. In recent years, paramilitaries have mounted violent responses to movements for racial justice, climate emergencies, public health protocols, and migrant border crossings. Militias, white power organizations, and other paramilitary groups often claim their violence is justified as a legitimate defense of... |
2025 |
| Michael Conklin |
PEAK WOKENESS IN LEGAL SCHOLARSHIP: AN EMPIRICAL ANALYSIS OF RECENT TRENDS IN PROGRESSIVE TOPICS |
61 California Western Law Review 381 (Spring, 2025) |
C1-3Table of Contents I. Introduction. 382 A. What is Woke?. 384 B. Evidence of Peak Wokeness. 389 II. Methodology. 398 III. Results. 399 IV. Discussion. 400 V. Conclusion. 404 |
2025 |
| Tiffani Darden |
PICKING THROUGH THE REMNANTS OF BROWN v. BOARD TO REALIZE THE IDEAL OF QUALITY PUBLIC EDUCATION FOR ALL CHILDREN IN THE POST COVID-19 ERA |
66 William and Mary Law Review 917 (March, 2025) |
C1-2Table of Contents Introduction. 918 I. Principles of Brown v. Board of Education. 920 A. Deterioration of Brown v. Board's Legacy. 921 B. Critiques of Brown v. Board. 923 C. Brown v. Board as Applied to Other Groups. 925 II. The Minimal Importance of Quality Education. 926 A. Equitable Resource Distribution for Preparing Good Citizens. 926 B.... |
2025 |
| Cori Alonso-Yoder |
PLENARY POWER: TEACHING THE IMMIGRATION LAW OF THE TERRITORIES |
54 Stetson Law Review 203 (Winter, 2025) |
Humberto Marchand: You're denying me? You're denying me because I have a driver's license which is a valid ID. Hertz Employee: What's your first and last name? . Would you like me to call the police? In May of 2023, Humberto Marchand attempted to rent a car from the Hertz rental car company at the New Orleans International Airport. When he... |
2025 |
| Emily M. Poor |
POLICE GATEKEEPING |
30 Michigan Journal of Race and Law 49 (Spring, 2025) |
The role of policing in American society is more pervasive (and less visible) than many acknowledge. Police do not just patrol, arrest, and keep peace - they also gatekeep. Many and varied ostensibly non-criminal processes rely on police fact-finding to adjudicate claims, establish eligibility for resources, and take adverse action against... |
2025 |
| Sunita Patel |
POLICING CAMPUS PROTEST |
125 Columbia Law Review 1277 (June, 2025) |
College campuses across the country celebrate their legacies of creating free speech guarantees following student protests from the mid-1960s to early 1970s, even though colleges had minimal tolerance of such protests at the time. As part of the New Left's vision for a different society, students, sometimes joined by faculty, demanded an end to the... |
2025 |
| Vivian Alejandre |
POWER PLAY IN ASYLUM ADJUDICATIONS: EXAMINING THE QUALIFICATIONS OF IMMIGRATION OFFICERS |
52 Western State Law Review 1 (Spring, 2025) |
C1-3Table of Contents I. Introduction. 1 II. Background. 3 III. The Inadequate Training and Qualifications of Immigration Officers. 6 A. CBP Officer - Office Of Field Operation. 9 B. BP Agents. 14 C. Asylum. 18 1. Affirmative Asylum vs. Defensive Asylum. 19 2. Expeditated Removals: Fear Interviews. 20 3. What it Takes to be an Asylum Officer. 21... |
2025 |
| Sarah Katz |
PRACTICING JUSTICE: A CRITICAL SELF-REFLECTION ON THE ROLE OF TRAUMA IN LEGAL PRACTICE |
30 Roger Williams University Law Review 406 (Spring, 2025) |
The notion of trauma-informed lawyering has had a huge impact on my own conception of my role as a lawyer and my approach to lawyering. And yet, my understanding of trauma and its impact on legal practice continues to metamorphize. Although science continues to teach us more and more about how trauma impacts brain development, memory and... |
2025 |
| A. Nicole Kreisberg , Penn State University, University Park, PA 16803, USA, Email: nqk5458@psu.edu |
PREFERENCE OR PENALTY? THE LAW AND EMPLOYERS' DIVERGING HIRING INTENTIONS OF LATINO IMMIGRANTS |
50 Law and Social Inquiry 569 (May, 2025) |
(Received 17 April 2024; revised 14 October 2024; accepted 18 December 2024; first published online 10 April 2025) There is conflicting evidence as to whether employers prefer immigrants over native-born workers when hiring. Some evidence suggests that employers might penalize immigrants over comparably educated co-ethnic native-born workers. Yet... |
2025 |
| Jennifer Nou |
PRESIDENTIAL BROKERING IN THE REGULATORY STATE |
93 George Washington Law Review 971 (October, 2025) |
Presidents seeking to make regulatory policy face formidable hurdles--most recently, heightened litigation risk, reduced judicial deference, and political polarization. In response, they have increasingly relied upon the Executive Office of the President (EOP) to manage these challenges. This Foreword spotlights the practice of presidential... |
2025 |
| Christian Powell Sundquist |
PRESUMED GUILTY: "ILLEGAL ALIEN" EVIDENCE AND THE RIGHTS OF NON-CITIZEN DEFENDANTS |
81 New York University Annual Survey of American Law 19 (2025) |
Dangerous political rhetoric demonizing migrants and racialized persons has altered social norms regarding the acceptability of racism while ushering in a new era of white nationalism across the world. The increasing normalization of racism has shaken bedrock American constitutional principles of equality and fair treatment under the law. As such,... |
2025 |
| Anna Arons |
PROSECUTING FAMILIES |
173 University of Pennsylvania Law Review 1029 (March, 2025) |
Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government--family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense... |
2025 |