| Author | Title | Citation | Summary | Year |
| Alana Ackerman , Department of Anthropology, University of Illinois at Urbana-Champaign, Urbana, Illinois, USA |
"EVERYTHING I HAVE SEEN THERE, THAT I KNOW .": WITNESSING THE COLOMBIAN ARMED CONFLICT THROUGH REFUGEES' NARRATIVES OF IMPLICATION |
47 PoLAR: Political and Legal Anthropology Review 49 (May, 2024) |
In this article, I engage with the predicament of witnessing as a condition for persecution and displacement. I argue that observing violence during war is a critical form of implication. In the context of the Colombian armed conflict, members of armed groups often threaten the lives of those who observe their acts of violence, producing a chain of... |
2024 |
| Laura Jimenez Garcia |
"EXTRAORDINARY" TIMES CALL FOR "COMPELLING" MEASURES: REFORMING THE FIRST STEP ACT'S COMPASSIONATE RELEASE MECHANISM FOR NONCITIZEN DETAINEES |
58 Georgia Law Review 1457 (Spring, 2024) |
Year after year, America's carceral state reaches new and more concerning heights. In this era of mass incarceration and criminalization of immigration status, imprisonment costs have skyrocketed, and the quality of life in prisons has plummeted. In response, Congress passed the First Step Act in 2018, which reformed federal sentencing practices.... |
2024 |
| Steffi Colao |
"LOATHSOME AND DANGEROUS": TIME TO REMOVE SYPHILIS AND GONORRHEA AS GROUNDS FOR INADMISSIBILITY |
71 UCLA Law Review 420 (April, 2024) |
In this Comment, I examine the ways the United States has managed its borders and population through health-based exclusions that often serve as a proxy for race-based exclusions. I look specifically at how two sexually-transmitted infections (STIs)--syphilis and gonorrhea--became and remain grounds for inadmissibility. Since 1891, certain... |
2024 |
| Elena V. Cordonean |
"REMAIN IN MEXICO" POLICY AND ITS PROGENY: IS THERE HOPE? |
52 Southwestern Law Review 623 (2024) |
Mommy, I don't want to die! --These were the words of a seven-year-old girl to her mother after they were returned to Nuevo Laredo, where they were later kidnapped. It is nearly impossible to fathom the idea that migrants seeking refuge from torture can be sent back to the environment they desperately fled from. However, this is the fate of... |
2024 |
| Nicole Dillard , Esperanza Sanchez |
. BUT WORDS CAN ALSO HURT YOU: HOW HATE SPEECH CONTRIBUTED TO HARMFUL IMMIGRATION POLICY |
27 University of the District of Columbia Law Review 86 (Spring, 2024) |
On June 16, 2015, Donald J. Trump descended a golden escalator into the atrium of Trump Tower in New York City to announce his candidacy for president. After commenting on the crowd size in his opening remarks, Mr. Trump turned his attention to China, Japan, and Mexico, assailing them as economic competitors. They beat us all the time, he railed.... |
2024 |
| Bijal Shah |
A CRITICAL ANALYSIS OF SEPARATION-OF-POWERS FUNCTIONALISM |
84 Ohio State Law Journal 1007 (2024) |
The separation of powers, and the narrow formalist/functionalist tension on which this framework rests, is in need of moral grounding. A critical legal perspective could enable administrative law and separation-of-powers scholars to better articulate overlooked problems, stakes, and possibilities, as a theoretical, normative, and prescriptive... |
2024 |
| Nicole Sequeira Tashovski |
A CRITICAL RACE THEORY ANALYSIS: THE ROLE OF RACIALIZATION, THE WHITE RACIAL FRAME, AND INSTITUTIONAL POWER IN CALIFORNIA EUGENICS STERILIZATIONS |
21 UC Law Journal of Race and Economic Justice 157 (February, 2024) |
C1-2Table of Contents Introduction. 158 Part I: Background. 161 Skinner v. Oklahoma. 161 The Eugenics Movement. 162 Part II: Dominant Critical Race Theory Themes in the Eugenics Movement. 164 White Supremacy and Systemic Racism. 165 The Construction of Race and Racialization. 166 The White Racial Frame. 168 Institutional Control. 169 Control of the... |
2024 |
| Simone Stover |
A FEEDBACK LOOP OF EXCLUSION: THE TREATMENT OF BILINGUALISM IN THE COURTROOM |
119 Northwestern University Law Review 489 (2024) |
Abstract--In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing... |
2024 |
| Michael C. Blumm , Daniel J. Rohlf , Adam Eno |
A HALF-CENTURY OF PACIFIC SALMON SAVING EFFORTS: A PRIMER ON LAW, POLICY, AND BIOLOGY |
64 Natural Resources Journal 137 (Summer, 2024) |
Pacific salmon, the signature species of the Pacific Northwest, have declined across their range for well over a century, due to a myriad of human-caused effects on their habitat and the fish themselves. Restoration efforts--some successful, some halting--began in earnest in the late 20th century, with considerable attention focused on the Columbia... |
2024 |
| James Cavallaro , Silvia Serrano Guzmán , Jessica Tueller |
A NEW PATH FORWARD? HOW ATTENTION TO ECONOMIC, SOCIAL, CULTURAL, AND ENVIRONMENTAL RIGHTS COULD INCREASE U.S. INDIGENOUS AND AFRICAN-AMERICAN CIVIL SOCIETY ENGAGEMENT WITH THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
28 UCLA Journal of International Law and Foreign Affairs 39 (Fall, 2024) |
This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil... |
2024 |
| Natalie Smith |
A PATH TO CLIMATE ASYLUM UNDER U.S. LAW |
124 Columbia Law Review 1779 (October, 2024) |
Clarifying the extent to which existing legal regimes afford protection to climate migrants must be part of an effective and coordinated response to climate change. This Note argues that climate refugees, a group which it narrowly defines as those who meet the requirements of the 1951 Refugee Convention because they have experienced climate... |
2024 |
| Jessica Levin |
A PATH TOWARD RACE-CONSCIOUS STANDARDS FOR YOUTH: TRANSLATING ADULTIFICATION BIAS THEORY INTO DOCTRINAL INTERVENTIONS IN CRIMINAL COURT |
35 UC Law SF Journal on Gender and Justice 83 (May, 2024) |
This article demonstrates how advocates can leverage empirical literature regarding adultification bias to craft doctrinal interventions that recognize and remedy the disproportionately harsh treatment of Black youth in the juvenile and adult criminal legal system. Through case examples, all of which I litigated in the Civil Rights Clinic at... |
2024 |
| Matthew Burnett , Rebecca L. Sandefur |
A PEOPLE-CENTERED APPROACH TO DESIGNING AND EVALUATING COMMUNITY JUSTICE WORKER PROGRAMS IN THE UNITED STATES |
51 Fordham Urban Law Journal 1509 (September, 2024) |
Around the country, jurisdictions are exploring new routes to expand access to justice by empowering community justice workers to provide legal services. Though such activities are often regarded as new, some have existed for decades--people without law licenses have long been authorized to provide representation in immigration matters, Tribal... |
2024 |
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
| Tom I. Romero, II |
A RPL IN TIME: A BROWN BUFFALO'S OBSERVATIONS ON THE ONGOING STRUGGLE OF CIVIC AND RACIAL NATIONALISM IN HIGHER EDUCATION--CIRCA 2023 |
101 Denver Law Review 497 (Spring, 2024) |
C1-2Table of Contents I. Author's Testimonio: I am a Chicano by ancestry and a Brown Buffalo by choice.. 497 II. The Age of Confusion. 500 III. The Revolt[s] of the Cockroach Peoples. 503 IV. The Ongoing (Auto) Biographies of Brown Buffaloes. 508 V. Author's Postscript: Radical Hope, Buffaloes, and Dreaming Freedom in Higher Education. 516 |
2024 |
| María Luz García , Sociology, Anthropology, and Criminology Department, Eastern Michigan University, Ypsilanti, Michigan, USA |
A SCANDALOUS PRESENCE IN THE COURTROOM: INDIGENOUS IMMIGRANT INTERPRETERS AND THE POLITICS OF LANGUAGE IDEOLOGIES IN US COURTS |
47 PoLAR: Political and Legal Anthropology Review 209 (November, 2024) |
This article analyzes how the experiences and observations of Indigenous people from Latin America who work as legal interpreters reveal the ways that the position of court interpreter is racialized. The meaning of the norms of the invisibility and neutrality of the interpreter and the role of the interpreter as erasing barriers become points... |
2024 |
| Maryam Jamshidi |
A TRANSFORMATIONAL AGENDA FOR NATIONAL SECURITY |
2024 University of Chicago Legal Forum 161 (2024) |
Past efforts to reimagine national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national... |
2024 |
| Alejandro E. Camacho , Elizabeth Kronk Warner , Jason McLachlan , Nathan Kroeze |
ADAPTING CONSERVATION GOVERNANCE UNDER CLIMATE CHANGE: LESSONS FROM INDIAN COUNTRY |
110 Virginia Law Review 1549 (November, 2024) |
Anthropogenic climate change is increasingly causing disruptions to ecological communities upon which Natives have relied for millennia. These disruptions raise existential threats not only to ecosystems but to Native communities. Yet no analysis has carefully explored how climate change is affecting the governance of tribal ecological lands. This... |
2024 |
| Susan Bibler Coutin, Walter J. Nicholls |
ADMINIGRATION: CITY-LEVEL GOVERNANCE OF IMMIGRANT COMMUNITY MEMBERS |
49 Law and Social Inquiry 1595 (August, 2024) |
The concept of adminigration provides a much-needed lens in theorizing immigration enforcement, citizenship, and urban geographies. We define adminigration as the governance of immigrant community members through city-level policies and programs, whether or not these explicitly focus on immigrants. Our focus on adminigration involves three... |
2024 |
| Bijal Shah |
ADMINISTRATIVE SUBORDINATION |
91 University of Chicago Law Review 1603 (October, 2024) |
Much of the scholarship on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable and marginalized people as a result of individualized bias or arbitrariness in administration. This Article argues that, beyond idiosyncrasies or flaws in administrators themselves, the poor impact of administration on... |
2024 |
| Huyen Pham, Joseph Thai |
AFFIRMATIVE ACTION'S ASIAN AMERICAN PROBLEM |
57 Loyola of Los Angeles Law Review 587 (Summer, 2024) |
Asian American opponents of affirmative action have received both credit and blame for their pivotal role in toppling racial preferences in university admissions in Students for Fair Admissions v. Harvard (SFFA). Allied conservatives highlighted evidence of discrimination against Asian American applicants as a compelling reason to dismantle... |
2024 |
| Gabriel J. Chin, Paul Finkelman |
AFTERWORD: A REPLY TO COMMENTATORS |
65 William and Mary Law Review 1197 (April, 2024) |
We are extremely grateful to the distinguished scholars who have written reflections on the issues raised by our article; they, as well as other attendees at a symposium at the University of California, Davis School of Law asked helpful questions and offered challenging comments to which we now respond. When contending that the Framers envisioned... |
2024 |
| Dylan Farrell-Bryan , Yale Law School, New Haven, US, Email: dylan.farrell@yale.edu |
AGENCY ENTRENCHMENT: SOCIOLOGICAL LEGITIMACY IN A POLITICALLY CONTESTED OCCUPATION |
49 Law and Social Inquiry 2523 (November, 2024) |
(Received 25 August 2023; revised 17 March 2024; accepted 15 May 2024; first published online 19 September 2024) This study investigates how agents in contested occupations justify and legitimize their work. It examines Immigration and Customs Enforcement (ICE) attorneys who prosecute immigrant removal cases on behalf of the federal government,... |
2024 |
| Nurbanu Hayır |
AGGRESSOR STATE, AGGRESSOR INDIVIDUAL, AND WHAT INTERNATIONAL LAW DOES/SHOULD PROTECT |
45 Michigan Journal of International Law 487 (2024) |
This note examines the measures taken against Russian citizens in the context of the Russo-Ukrainian War in positive international law and analyzes the rationale for sanctioning individual citizens of an aggressor state. It questions whether the gravity of state aggression by Russia enables measures targeting individuals based solely on their... |
2024 |
| Mark Jia |
AMERICAN LAW IN THE NEW GLOBAL CONFLICT |
99 New York University Law Review 636 (May, 2024) |
This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and... |
2024 |
| Nicholas Fiorino |
AMERICA'S DUTY TO PROTECT POST-TRUMP v. HAWAII: A CALL FOR UPDATED FEDERAL LEGISLATION TO SAVE ANIMUS DOCTRINE AND PREVENT EXECUTIVE DISCRIMINATION IN IMMIGRATION DECISIONS |
23 Journal of International Business and Law 244 (Spring, 2024) |
An influx of refugees from war and climate emergencies is predicted by many in the coming years, and the case of Trump v. Hawaii serves as favorable precedent for those who seek to limit immigrant entry into the United States. On the campaign trail prior to his election, Donald Trump stated, [I] am calling for a total and complete shutdown of... |
2024 |
| Dheepa Sundaram |
AN ACADEMIC CONFERENCE, A BOMB THREAT, AND A TITLE VI COMPLAINT: U.S. HINDU NATIONALIST GROUPS' LITIGIOUS ASSAULT ON ACADEMIC FREEDOM |
16 Drexel Law Review 837 (2024) |
This Article outlines the rising threat to academic freedom from Hindutva (Hindu nationalist) organizations in the United States. The Article explores how the Hindu nationalist playbook in the United States works, the legal strategies they use to target scholars with whom they disagree, how they leverage social justice mechanisms for redress of... |
2024 |
| Joanna C. Schwartz |
AN EVEN BETTER WAY |
112 California Law Review 1083 (June, 2024) |
Introduction. 1083 I. What We Know. 1085 II. How to Reform the Law in Light of What We Know. 1093 III. How to Reform the Law in Light of What We Know About How Hard it is to Reform the Law. 1098 Conclusion. 1106 |
2024 |
| Rabiat Akande |
AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW |
118 American Journal of International Law 1 (January, 2024) |
More than half a century after the UN's adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention's protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were... |
2024 |
| Reese Wilking |
ANIMATING A STATUTORY RIGHT: ACCESS TO COUNSEL FOR NONCITIZENS IN REASONABLE FEAR REVIEW |
73 Emory Law Journal 1015 (2024) |
When a noncitizen in an expedited removal proceeding has a colorable claim to delay their deportation for fear of torture in their home country, a special review process occurs. Certain noncitizens face an especially stringent procedure--the reasonable fear review hearing, where a noncitizen must navigate a complex legal argument before an... |
2024 |
| Gregory Day |
ANTITRUST FOR IMMIGRANTS |
109 Cornell Law Review 911 (May, 2024) |
Immigrants and undocumented people have often encountered discrimination because they compete against native businesses and workers, resulting in protests, boycotts, and even violence intended to exclude immigrants from markets. Key to this story is government's ability to discriminate as well: it is indeed common for state and federal actors to... |
2024 |
| Cecilia I. Morin |
ASYLUM, TITLE 42, & FEMALE FOREIGN NATIONALS |
38 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 593 (2024) |
On March 11, 2020, the World Health Organization (WHO) announced that COVID-19 was a pandemic. Nine days after the WHO's proclamation, the Centers for Disease Control and Prevention (CDC) of the U.S. Department of Health and Human Services (HHS) released an order under 42 U.S.C. § 265. The policy, also known as Title 42, restricted... |
2024 |
| Phoebe Cooper |
BARRIERS AT THE BORDER: THE IMPACT OF UNITED STATES IMMIGRATION POLICY ON MULTI-HOST SPORTING EVENTS |
31 Jeffrey S. Moorad Sports Law Journal 97 (2024) |
An estimated five billion people engaged with the 2022 World Cup, which many call the best ever FIFA World Cup. In a game that seemed to stun at every possible minute, the world saw Argentina beat France via penalty shootout, allowing Lionel Messi to make sporting history. Now, the world looks to the 2026 World Cup, which will be the first of its... |
2024 |
| George Carlo L. Clark |
BELONGING AND THE RIGHT TO BELONG |
41 Wisconsin International Law Journal 187 (Winter, 2024) |
An American Indian should be able to freely enter the United States from Canada and settle in the country. Although the Jay Treaty recognized this right as early as 1794, the legality of such passage is consumed by a quagmire of immigration law, federal bureaucracy, and underdeveloped legal regimes. The Supreme Court of Canada, however, recently... |
2024 |
| Anna C. Cincotta |
BETTER LATE THAN NEVER: CLIMATE DISPLACEMENT AND THE CASE FOR EXPANDING TEMPORARY PROTECTED STATUS |
35 Villanova Environmental Law Journal 279 (2024) |
Delmira de Jesús Cortez Barrera (Cortez) lives directly outside El Salvador's capital, San Salvador - a city home to one of the highest murder rates in the world. Despite her current urban address, Cortez's roots are agricultural; her parents worked on maize and bean plantations in a small, rural Salvadoran town called El Paste and managed to raise... |
2024 |
| Salimah Khoja , Paulina Leyva Hernandez |
BETWEEN A RIVER AND A WALL: AN IMPOSSIBLE CHOICE FOR MIGRANTS LIVING UNDER OPERATION LONE STAR AND S.B. 4 |
27 CUNY Law Review 270 (Summer, 2024) |
In 2023 the Texas legislature passed Senate Bill 4 (S.B. 4), which empowers state and local law enforcement agencies to engage in immigration enforcement by arresting and deporting migrants who are suspected of crossing the southern border. Anti-immigrant state laws like Texas's S.B. 4 and Arizona's Senate Bill 1070 (S.B. 1070) were created to... |
2024 |
| |
BOOK NOTES |
49 Law and Social Inquiry e1 (August, 2024) |
Constitutional Theory and History. 2 Criminal Justice and Social Control. 2 Criminal Justice and Social Control: Incarceration. 3 Criminal Justice and Social Control: Policing. 4 Fieldwork and Positionality. 6 Judicial Power. 6 Jurisprudence and Socio-Legal Theory. 6 Law and the Administrative State. 7 Law and Autocracy. 7 Law and Campaign Finance.... |
2024 |
| Peter Margulies |
BORDERLINE AMBIGUITY: MAJOR QUESTIONS AND IMMIGRATION LAW |
101 Denver Law Review 575 (Spring, 2024) |
Interpretive doctrines rarely spawn whole cottage industries, but the major questions doctrine is an exception. Given the ferment that the doctrine has inspired among scholars, an examination of the doctrine's relevance to immigration law is overdue. This Article provides that assessment. The major questions doctrine works best as a shorthand label... |
2024 |
| Sarah H. Paoletti , Azadeh Shahshahani |
BRIDGING THE ACCOUNTABILITY GAP: A CALL TO ACTION FOR MIGRANTS SUBJECTED TO ABUSE IN U.S. CUSTODY |
28 UCLA Journal of International Law and Foreign Affairs 71 (Fall, 2024) |
For years, immigrants held at the Irwin County Detention Center (ICDC) in the U.S. state of Georgia, and the advocates with whom they shared their experiences, raised complaints about the abusive detention conditions they were subjected to at ICDC with U.S. Immigration and Customs Enforcement (ICE), and with LaSalle Corrections, the ICE-contracted... |
2024 |
| Jaclyn Kelley-Widmer, Alisa Whitfield |
BRIDGING THE IMMIGRATION DETENTION JUSTICE GAP |
103 Oregon Law Review 119 (2024) |
Introduction. 120 I. The Right to Legal Assistance for Detained Immigrants. 125 A. Detained Immigrants Need Counsel. 125 B. Detained Immigrants Have the Right to Access to Counsel. 129 C. Detained Immigrants Cannot Exercise Their Right to Access to Counsel. 132 II. Immigration Detention Violates the Right to Access to Counsel. 133 A. Geographic... |
2024 |
| Suzanne A. Kim |
BRINGING VISIBILITY TO AAPI REPRODUCTIVE CARE AFTER DOBBS |
71 UCLA Law Review Discourse 318 (2024) |
Dobbs' impact on growing AAPI communities is underexamined in legal scholarship. This Essay begins to fill that gap, seeking to bring together an overdue focus on the socio-legal experiences of AAPI communities with examination of the effects of reversing Roe and Casey on women of color. It does so by prompting a research agenda that connects... |
2024 |
| David M. N. Garavito , Amelia Courtney Hritz , John H. Blume |
CAGED BIRDS AND THOSE THAT HEAR THEIR SONGS: EFFECTS OF RACE AND SEX IN SOUTH CAROLINA PAROLE HEARINGS |
27 University of Pennsylvania Journal of Law and Social Change 99 (2024) |
When most incarcerated persons go before the parole board, they hope that the decision whether to release them will be based on their institutional record; put differently, that the board will consider the use of opportunities available in prison, rehabilitation, and likelihood of success outside the carceral environment. However, numerous persons... |
2024 |
| Sarah M. Morris |
CARRIE-ING ON: ADVANCING JUSTICE FOR DISABLED PARENTS AFTER COLORADO'S CARRIE ANN LUCAS PARENTAL RIGHTS FOR PEOPLE WITH DISABILITIES ACT |
77 Oklahoma Law Review 195 (Autumn, 2024) |
In 2018, the Colorado legislature declared: (I) Persons with disabilities continue to face unfair, preconceived, and unnecessary societal biases, as well as antiquated attitudes, regarding their ability to successfully parent their children; (II) Persons with disabilities have faced these biases and preconceived attitudes in family and dependency... |
2024 |
| Margaret Noll |
CBP ONE AND THE DUE PROCESS RIGHTS OF ASYLUM SEEKERS AT THE THRESHOLD |
24 University of Maryland Law Journal of Race, Religion, Gender and Class 51 (Spring, 2024) |
For asylum seekers, the Southwestern border of the United States has become a mobile app, called CBP One. In the past, to begin the asylum process at the border, a migrant would approach a port of entry (POE) and indicate their intent to apply for asylum, in accord with U.S. statutes. Now, in order to seek asylum at the U.S. border, a migrant... |
2024 |
| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
| Jason A. Cade |
CHALLENGING THE CRIMINALIZATION OF UNDOCUMENTED DRIVERS THROUGH A HEALTH JUSTICE FRAMEWORK |
41 Wisconsin International Law Journal 325 (Spring, 2024) |
States increasingly use driver's license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend--state schemes that prohibit noncitizen residents from accessing driver's licenses and then impose criminal sanctions for driving without... |
2024 |
| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
| Medha D. Makhlouf |
CHARITY CARE FOR ALL: STATE EFFORTS TO ENSURE EQUITABLE ACCESS TO FINANCIAL ASSISTANCE FOR NONCITIZEN PATIENTS |
23 Houston Journal of Health Law & Policy 57 (2024) |
Abstract. 59 Introduction. 60 I. Hospital Charity Care and Community Benefits. 65 A. Hospitals as Charitable Organizations: The Basis for Tax-Exempt Status. 66 B. The Evolution of the Federal Community Benefit Standard. 70 C. New Requirements under the ACA. 71 1. Community Health Needs Assessments. 72 2. Regulation of Billing Practices and... |
2024 |
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
| Kate Jastram |
CLIMATE CHANGE AND CROSS-BORDER DISPLACEMENT: WHAT THE COURTS, THE ADMINISTRATION, AND CONGRESS CAN DO TO IMPROVE OPTIONS FOR THE UNITED STATES |
56 Case Western Reserve Journal of International Law 309 (Spring, 2024) |
Introduction. 309 Part I. 312 A. Maximizing the Potential of the Refugee Convention and Protocol. 312 B. Adopting the Cartagena Declaration Definition to Address Climate Displacement. 319 C. Expanding Complementary Protection by Accepting Non-Refoulement Obligations Under the International Covenant on Civil and Political Rights. 322 Part II. 326 A.... |
2024 |