| Author | Title | Citation | Summary | Year |
| J.S. Nelson |
Management Culture and Surveillance |
43 Seattle University Law Review 631 (Winter, 2020) |
As the modern workplace increasingly adopts technology, that technology is being used to surveil workers in ways that can be highly invasive. Ostensibly, management uses surveillance to assess workers' productivity, but it uses the same systems to, for example, map their interpersonal relationships, study their conversations, collect data on their... |
2020 |
| Conor McDonough |
Mezei's Day in Court: Debtors' Prisons, Substance Abuse, and the Permissiveness of Civil Detention in American Immigration Law |
114 Northwestern University Law Review 1631 (2020) |
Abstract--American immigration law mandates the civil detention of certain classes of migrants while their legal cases proceed through the courts. Due to the peculiar nature of immigration law, many migrants find themselves detained for years on end without receiving the level of due process that normally attends imprisonment. This Note draws on... |
2020 |
| Hafsa S. Mansoor |
Modern Racism but Old-fashioned Iied: How Incongruous Injury Standards Deny "Thick Skin" Plaintiffs Redress for Racism and Ethnoviolence |
50 Seton Hall Law Review 881 (2020) |
To be a Negro in this country and to be relatively conscious is to be in a rage almost all the time. -James Baldwin On March 4, 2000, Delois Turner wanted a donut and a cup of coffee. Ms. Turner, a fifty-seven year old Black woman from New York, entered Nancy Wong's donut shop to purchase her pastry and beverage. Unfortunately, the donut Wong... |
2020 |
| Shiu-Ming Cheer |
Moving Toward Transformation: Abolitionist Reforms and the Immigrants' Rights Movement |
68 UCLA Law Review Discourse 68 (2020) |
This Article discusses the criteria for abolitionist reforms and assesses whether current immigrants' rights demands move us towards a more transformative agenda, one that questions the legitimacy of the state. The Article argues that calls to invest in immigrant communities and to release immigrants from detention can be radical reforms that move... |
2020 |
| Walter I. Gonçalves, Jr. |
Narrative, Culture, and Individuation: a Criminal Defense Lawyer's Race-conscious Approach to Reduce Implicit Bias for Latinxs |
18 Seattle Journal for Social Justice 333 (Spring, 2020) |
When a criminal defense attorney is assigned a case and shows up at the first court appearance, more often than not the client will be of color. Depending on the region, the client has a greater chance of being African American, Latinx, or Native American compared to white. This is true for most federal district courts in the United States. To make... |
2020 |
| Sean L. Litteral |
National Security at Home: Chinese Investment in U.s. Real Estate |
31 Stanford Law and Policy Review 237 (2020) |
In recent years there has been a growing literature on the threats and opportunities presented by an emerging China. These works tend to focus on the national security and economic ramifications of a China that is propelled in part by the theft of critical information such as trade secrets, patented processes, business plans, and cutting-edge... |
2020 |
| Johnny Thach |
Not Far Enough: the Rising Elderly Prison Population and Criminal Justice and Prison Reform Following the First Step Act of 2018 |
26 Cardozo Journal of Equal Rights & Social Justice 631 (Spring, 2020) |
C1-2Table of Contents Introduction. 632 I. Elderly People in the Current United States Prison System. 637 A. The Rising Elderly Prison Population. 640 B. Old Age and Physical and Mental Impairments. 641 C. Non-Integration in a Correctional Setting. 643 D. Health Care and Medical Services. 644 E. Disproportionate Number of Deaths in Prison. 647 II.... |
2020 |
| Mark C. Weber |
Of Immigration, Public Charges, Disability Discrimination, And, of All Things, Hobby Lobby |
52 Arizona State Law Journal 245 (Spring, 2020) |
This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration's new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related... |
2020 |
| Duane Rudolph |
Of Moral Outrage in Judicial Opinions |
26 William and Mary Journal of Race, Gender, and Social Justice 335 (Winter, 2020) |
Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal... |
2020 |
| Asad L. Asad |
On the Radar: System Embeddedness and Latin American Immigrants' Perceived Risk of Deportation |
54 Law and Society Review 133 (March, 2020) |
Drawing on in-depth interviews with 50 Latin American immigrants in Dallas, Texas, this article uncovers systematic distinctions in how immigrants holding different legal statuses perceive the threat of deportation. Undocumented immigrants recognize the precarity of their legal status, but they sometimes feel that their existence off the radar of... |
2020 |
| Michael D. Ramsey |
Originalism and Birthright Citizenship |
109 Georgetown Law Journal 405 (December, 2020) |
The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does... |
2020 |
| Michael Molstad |
Our Inner Demons: Prosecuting Domestic Terrorism |
61 Boston College Law Review 339 (January, 2020) |
Abstract: The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist... |
2020 |
| Lydia Turnage |
Out of Sight, out of Mind: Rural Special Education and the Limitations of the Idea |
54 Columbia Journal of Law and Social Problems Probs. 1 (Fall, 2020) |
In 1975, the Individuals with Disabilities Education Act (IDEA) established a substantive right to free appropriate public education (FAPE) for children with special needs. Since that time, the right to FAPE has primarily been defined by--and enforced through--the IDEA's robust set of procedural safeguards and avenues for private enforcement.... |
2020 |
| Nantiya Ruan |
Papercuts: Hierarchical Microaggressions in Law Schools |
31 Hastings Women's Law Journal L.J. 3 (Winter, 2020) |
It is hard to say no to the existing social and political order--and to mean it, to mean it with an everyday commitment of energy. --Dorothy Day Death by a thousand cuts. Torts lacks the status of Contracts. In this alternate universe, it is the drafting and interpreting of legal documents that is most valued in the law. As the Professors of... |
2020 |
| Matthew L.M. Fletcher |
Politics, Indian Law, and the Constitution |
108 California Law Review 495 (April, 2020) |
The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not... |
2020 |
| L. Ali Khan |
Populist and Islamist Challenges for International Law, Written by Amos Guiora & Paul Cliteur |
89-JAN Journal of the Kansas Bar Association 47 (January, 2020) |
410 pages ABA Book Publishing September 3, 2019 ISBN-10: 9781641054911 Populist and Islamist Challenges for International Law is less a book and more an assemblage of stand-alone ideas on a complex and controversial topic, recognize Amos Guiora and Paul Cliteur, the lead authors. One of us lives in the Netherlands (Cliteur); one of us splits his... |
2020 |
| Alvaro M. Bedoya |
Privacy as Civil Right |
50 New Mexico Law Review 301 (Summer, 2020) |
As the first U.S.-born Hispanic senator, Senator Dennis Chávez of New Mexico left a rich legacy of advocacy for civil rights and civil liberties. In this lecture, the fourth U.S. Senator Dennis Chávez Endowed Lecture on Law and Civil Rights, I explore an idea at the intersection of those two bodies of law: the right to privacy. In 2020, the... |
2020 |
| Jose Felipe Anderson |
Privacy, Technology and the Fourth Amendment: the Future and the Shock |
29 Widener Commonwealth Law Review 43 (2020) |
Five decades ago, Alvin Toffler, editor of Fortune magazine, produced his master work entitled Future Shock. The nearly five-hundred page book focused on technology and how it will affect the future of our society in the information age. The book was an international bestseller. In it, Toffler dealt with the change that was coming to many aspects... |
2020 |
| Shreya Subramani |
Productive Separations: Emergent Governance of Reentry Labor |
47 Fordham Urban Law Journal 941 (June, 2020) |
This ethnographic Essay critiques progressive criminal justice reforms as neoliberal technologies that devalue racialized labor within the city of New Orleans, Louisiana. It begins by describing the emergent reentry space, a proliferating network of policy and programming emerging to manage and provide services for formerly incarcerated people... |
2020 |
| Angela C. Carmella |
Progressive Religion and Free Exercise Exemptions |
68 University of Kansas Law Review 535 (March, 2020) |
Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their... |
2020 |
| Kevin R. Johnson |
Proposition 187 and its Political Aftermath: Lessons for U.s. Immigration Politics after Trump |
53 U.C. Davis Law Review 1859 (April, 2020) |
C1-3Table of Contents L1-2Introduction . L31861 I. Proposition 187 in Brief. 1866 A. The Proposition 187 Campaign: Racism and Nativism at Work. 1868 1. You are the Posse and SOS is the Rope.. 1870 2. The Take Over of California with Crime and Third World Cultures. 1870 3. California's Possible Annexation by Mexico. 1871 4. Those Little F... |
2020 |
| Huyen Pham |
Proposition 187 and the Legacy of its Law Enforcement Provisions |
53 U.C. Davis Law Review 1957 (April, 2020) |
Passed by a wide margin of California voters in 1994, Prop. 187 is primarily remembered as a law that tried to deny state-funded health care and education to unauthorized immigrants. Far less attention has been paid to Section Four in Prop. 187 that required all law enforcement agencies (LEAs) in California to fully cooperate with federal... |
2020 |
| |
Prosecutorial Discretion |
49 Georgetown Law Journal Annual Review of Criminal Procedure 273 (2020) |
The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... |
2020 |
| Catherine L. Fisk, Diana S. Reddy |
Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements |
70 Emory Law Journal 63 (2020) |
Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement's experience of being regulated by law. In this Article, we ask how refocusing... |
2020 |
| Joseph William Singer |
Public Rights |
38 Law and History Review 621 (August, 2020) |
The term public rights should be made to mean something . [E]verywhere a white man can go or travel the colored man should go. Edward Tinchant Rebecca J. Scott has unearthed an instructive episode in post-Civil War history that posed a question that we are still confronting today. Do places open to the public have an obligation to serve the public... |
2020 |
| Elizabeth Brown , Inara Scott , Eric Yordy |
R Corps: When Should Corporate Values Receive Religious Protection? |
17 Berkeley Business Law Journal 91 (2020) |
Introduction. 92 I. The Rise of Corporate Values and the Legal Challenges. 96 A. Brief History of Corporate Values. 97 B. Threats to Secular Brand Values. 102 1. Diversity and Inclusion. 102 2. Privacy. 104 3. Sanctuary. 105 4. Access to Reproductive Care. 105 II. When Do Values Become Religion?. 106 A. What is Religion?. 107 1. The Early Supreme... |
2020 |
| Girma Parris, PhD |
Race, America's Multiple Traditions, and Incorporating Immigrants in the Twenty-first Century |
55 Tulsa Law Review 263 (Winter, 2020) |
Abigail Fisher Williamson, Welcoming New Americans? Local Governments and Immigrant Incorporation (University of Chicago Press 2018). Pp. 368. Hardcover $97.50. PaperbackK $32.50. Chris Zepeda-Millán, Latino Mass Mobilization: Immigration, Racialization, and Activism (Cambridge University Press 2017). Pp. 308. Hardcover $105.00. Paperback $29.99.... |
2020 |
| Catherine Powell |
Race, Gender, and Nation in an Age of Shifting Borders: the Unstable Prisms of Motherhood and Masculinity |
24 UCLA Journal of International Law and Foreign Affairs 133 (Spring, 2020) |
C1-2Table of Contents Introduction. 134 I. Nationhood, Borders, and Fluidity. 140 II. The Welfare Cheat Narrative: Using the Race and Gender of Latina Mothers to Shift Borders Inward. 142 A. The New Welfare Queen. 143 B. Shifting the Border Inward: A New Way of Understanding the Family Separation Policy. 147 III. The Criminal and the... |
2020 |
| Khiara M. Bridges |
Race, Pregnancy, and the Opioid Epidemic: White Privilege and the Criminalization of Opioid Use During Pregnancy |
133 Harvard Law Review 770 (January, 2020) |
C1-2CONTENTS Introduction. 772 Formulations of White Privilege. 778 I. The Opioid Epidemic. 785 A. Race and the Opioid Epidemic. 788 B. Pregnancy and the Opioid Epidemic. 793 II. Substance Use During Pregnancy and the Law. 798 A. Civil Systems. 798 B. Criminal Systems. 803 1. Alabama. 810 2. South Carolina. 811 3. Tennessee. 812 III. The... |
2020 |
| Elizabeth D. Katz |
Racial and Religious Democracy: Identity and Equality in Midcentury Courts |
72 Stanford Law Review 1467 (June, 2020) |
Abstract. In our current political moment, discrimination against minority racial and religious groups routinely makes headlines. Though some press coverage of these occurrences acknowledges parallels and links between racial and religious prejudices, these intersections remain undertheorized in legal and historical scholarship. Because scholars... |
2020 |
| David A. Harris |
Racial Profiling |
34-WTR Criminal Justice 10 (Winter, 2020) |
The beginning of 2019 marked 22 years since the introduction of the first piece of proposed legislation on racial profiling: the Traffic Stops Statistics Act of 1997, H.R. 118. Passed unanimously by the US House of Representatives in March 1998, this bill constituted the first attempt by any legislative body to come to grips with what had become... |
2020 |
| Robert L. Tsai |
Racial Purges |
118 Michigan Law Review 1127 (April, 2020) |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... |
2020 |
| Roy L. Brooks, Warren Distinguished Professor of Law, University of San Diego School of Law |
Racial Reconciliation Through Black Reparations |
63 Howard Law Journal 349 (Spring, 2020) |
A commission to study government redress for the atrocities of slavery and Jim Crow--what is popularly referred to as black reparations --is the subject of bills introduced in Congress in 2019. Most Democratic presidential contenders have also come out in support of H.R. 40, the House bill, and S.1083, the Senate bill. This puts the reparations... |
2020 |
| Nathan Tauger |
Racial Segregation in West Virginia Housing, 1929-1971 |
123 West Virginia Law Review 171 (Fall, 2020) |
I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F.... |
2020 |
| Lizzie Seal, Alexa Neale |
Racializing Mercy: Capital Punishment and Race in Twentieth-century England and Wales |
38 Law and History Review 883 (November, 2020) |
Death was the mandatory sentence for all defendants found guilty of murder in England and Wales until 1957, when capital punishment was limited to select categories of murder before being abolished in 1965. Capitally convicted murderers were hanged unless the Home Office deemed their case worthy of reprieve, recommending that the royal prerogative... |
2020 |
| Richard Delgado, Jean Stefancic |
Radical Method |
24 U.C. Davis Social Justice Law Review Rev. 3 (Winter, 2020) |
Should traditional liberals and insurgent scholars who disdain the system nevertheless work together? They start at different points, build on clashing presumptions, and follow different methodologies. Nevertheless, they often come out the same way. Indeed, practitioners of the standard cases-and-policies approach sometimes end up instinctively... |
2020 |
| Haley Moss |
Raising the Bar on Accessibility: How the Bar Admissions Process Limits Disabled Law School Graduates |
28 American University Journal of Gender, Social Policy and the Law 537 (2020) |
I. Introduction. 538 II. Background. 542 A. Disability Rights are Civil Rights: The Americans with Disabilities Act. 543 B. Reasonable Accommodations for High-Stakes Testing. 545 III. Analysis. 550 A. Applying for Admission: Character & Fitness. 550 i. Disclosure of Mental Health Disabilities. 551 ii. Fit to Practice? Mental Health and Disability... |
2020 |
| Thomas A. Saenz |
Recollections of the Legal Battle Against Proposition 187 |
53 U.C. Davis Law Review 2021 (April, 2020) |
Good morning. Thank you Professor Saucedo, my former colleague at MALDEF, for introducing me and also for taking the lead in organizing this important commemoration of the twenty-fifth anniversary of the enactment of Proposition 187. I'm not a scholar; later in the day you are going to hear from some tremendous scholars who have looked at these... |
2020 |
| Kamaria A. Guity |
Recreational Marijuana Legalization in New Jersey: the Formula for a Bill That Accounts for Racial Injustice |
21 Rutgers Race & the Law Review 23 (2020) |
African Americans and Latinos are significantly overrepresented in our jail and prison populations for minor drug offenses. These numbers do not reflect African Americans' and Latinos' percentage of the general population nor their actual rate of drug use compared to Whites. Acknowledging this racial disparity, and for a number of different... |
2020 |
| Colleen Muñoz |
Reevaluating the Adjudication of Crimes Involving Moral Turpitude |
24 Lewis & Clark Law Review 325 (2020) |
Criminalizing immigration status has tainted the lives of permanent residents in the United States for years. A minor misdemeanor conviction imposes the threat of extreme penalties for noncitizens and their continued residence in the United States. Specifically, a conviction of a crime involving moral turpitude can prevent a noncitizen from seeking... |
2020 |
| Ishita Chakrabarty |
Refoulement as a Corollary of Hate: Private Actors and International Refugee Law |
61 Virginia Journal of International Law Online 51 (2020) |
While researchers in the field of refugee studies have set out to influence the policy decisions of host states, the reverse situation, where a host state's policy decisions have shifted refugee movements, has been little discussed. With the increasing incidence of hate crimes, refugees now find themselves in situations similar to those which they... |
2020 |
| Scott W. Stern |
Rethinking Complicity in the Surveillance of Sex Workers: Policing and Prostitution in America's Model City |
31 Yale Journal of Law & Feminism 411 (2020) |
Abstract: This Note uncovers a history that has been largely ignored, dismissed, and sometimes even intentionally obscured: the history of the policing of sex workers in the twentieth century. When most lawyers think about the surveillance of sex workers, they think of a standard cast of characters: police, prosecutors, pimps, purchasers, and... |
2020 |
| Tristin K. Green |
Rethinking Racial Entitlements: from Epithet to Theory |
93 Southern California Law Review 217 (January, 2020) |
From warnings of the entitlement epidemic brewing in our homes to accusations that Barack Obama replac[ed] our merit-based society with an Entitlement Society, entitlements carry new meaning these days, with particular negative psychological and behavioral connotation. As Mitt Romney once put it, entitlements can only foster passivity and... |
2020 |
| Deborah M. Ahrens |
Retroactive Legality: Marijuana Convictions and Restorative Justice in an Era of Criminal Justice Reform |
110 Journal of Criminal Law and Criminology 379 (Summer, 2020) |
The last decade has seen the beginning of a new era in United States criminal justice policy, one characterized by a waning commitment to over-criminalization, mass incarceration, and a punitive War on Drugs as well as a growing regret for the consequences of our prior policies. One of the central questions raised by this shifting paradigm is what... |
2020 |
| |
Right to a Jury Trial |
49 Georgetown Law Journal Annual Review of Criminal Procedure 643 (2020) |
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... |
2020 |
| Christine Sgarlata Chung |
Rising Tides and Rearranging Deckchairs: How Climate Change Is Reshaping Infrastructure Finance and Threatening to Sink Municipal Budgets |
32 Georgetown Environmental Law Review 165 (Winter, 2020) |
The United States relies upon state and local governments to build, operate, maintain, and pay for most non-defense-related public infrastructure. State and local governments, in turn, rely upon the municipal bond market to raise capital for infrastructure projects. Climate change threatens to upend this system. As extreme storms and other climate... |
2020 |
| Travis Brandon |
Sea Level Rise Planning for Socially Vulnerable Communities: a More Equitable Approach to Federal Buyout Programs |
97 University of Detroit Mercy Law Review 435 (Spring, 2020) |
While sea level rise will have devastating impacts up and down the coasts, that impact will be felt most strongly by socially vulnerable individuals and communities who lack the resources necessary to cope with and adapt to changing climate conditions. One study estimates that over the next thirty years, roughly 175 communities nationwide will see... |
2020 |
| Lori Nazry Ross |
See No Evil: a Look at Florida's Legislative Response to Holding Hotels Civilly Liable for "Turning a Blind Eye" to the Sex Trafficking Monster Hiding Behind Closed Doors |
22 NYU Journal of Legislation and Public Policy 375 (2019-2020) |
Introduction. 376 I. An Overview of Human Trafficking and Sex Trafficking. 382 A. What Is Human Trafficking?. 382 B. Facts About Human Trafficking and Sex Trafficking. 383 II. The Intersection Between Sex Trafficking and the Hotel Industry. 385 III. An Overview of Federal Anti-Trafficking Laws. 387 A. The Trafficking Victims Protection Act and Its... |
2020 |
| Felice Batlan |
She Was Surprised and Furious: Expatriation, Suffrage, Immigration, and the Fragility of Women's Citizenship, 1907-1940 |
15 Stanford Journal of Civil Rights & Civil Liberties 315 (June, 2020) |
Introduction. 315 I. Coverture, Expatriation, and Women's Citizenship. 317 A. Coverture and Citizenship. 317 B. The Expatriation Act of 1907 and the Loss of Women's Citizenship. 319 C. Myth Making and Women's Expatriation of Citizenship in the U.S. Supreme Court. 321 D. Women's Suffrage, the Cable Act, and the Partial End of Derivative Citizenship.... |
2020 |
| Hannah Lustman |
Sick Uncertainty: How Executive Threats to Epa Programs for the U.s.-mexico Border Threaten Environmental Justice |
10 Arizona Journal of Environmental Law & Policy 465 (Summer, 2020) |
The U.S.-Mexico Border is in the midst of a decades-long environmental health crisis. Unsafe and discriminatory land use practices, pollution, and lacking infrastructure are among the problems causing Border residents to become sick. They suffer from third world health afflictions in the Southwest corner of the first world. Because residents of... |
2020 |