| Author | Title | Citation | Summary | Year |
| Benjamin Gonzalez O'Brien |
"A VERY GREAT PENALTY": MEXICAN IMMIGRATION, RACE, AND 8 U.S.C. § 1326 |
37 Maryland Journal of International Law 39 (2022) |
On August 18th, 2021, Chief U.S. District Judge Miranda Du found that 8 U.S.C. § 1326, which criminalizes undocumented reentry, was unconstitutional due to the racial animus that motivated its passage, making it a violation of the Equal Protection Clause of the Fifth Amendment. Her opinion in United States vs. Gustavo Carrillo-Lopez marks an... |
2022 |
| Kylee Verrill |
"COLLATERAL" DAMAGE: IMPLICATIONS OF THE ZERO-TOLERANCE POLICY ON IMMIGRATION |
25 Quinnipiac Health Law Journal 333 (2022) |
Introduction. 335 I. The Fundamentals of U.S. Immigration Law. 335 II. Executive Influence and the Zero-Tolerance Policy. 337 III. Discussion. 341 a. The Zero-Tolerance Policy and the Principles of Immigration Law. 341 b. The Zero-Tolerance Policy and Sociological Issues. 342 c. The Zero-Tolerance Policy and Psychological Trauma. 343 d. Migrant... |
2022 |
| Walter I. Gonçalves, Jr. |
"HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS |
59 American Criminal Law Review 293 (Spring, 2022) |
Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... |
2022 |
| Leslie C. Levin |
"THIS IS NOT NORMAL": THE ROLE OF LAWYER ORGANIZATIONS IN PROTECTING CONSTITUTIONAL NORMS AND VALUES |
69 Washington University Journal of Law & Policy 173 (2022) |
Lawyer organizations in the United States perform a range of functions. Some are essentially social clubs that provide networking opportunities for lawyers. Others help their members stay up to date on changes in the law and provide other educational and material benefits. Through these efforts, lawyer organizations often serve as a site where... |
2022 |
| Tom I. Romero, II |
A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST |
2022 Utah Law Review 751 (2022) |
Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... |
2022 |
| Kara Hartzler |
A FREE PASS ON RACISM: IMMIGRATION AND THE EQUAL PROTECTION DOCTRINE |
37 Maryland Journal of International Law 1 (2022) |
Imagine that in 2023, a new Congress wants to stop Black and Brown people from legally immigrating to the United States. Legislators give speeches on the House and Senate floors complaining about the infusion of negro slave blood. They openly claim that the Mexican peon is poisoning the American citizen. They refer to Black and Brown... |
2022 |
| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
| Steven Sacco |
ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY |
36 Georgetown Immigration Law Journal 693 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... |
2022 |
| Nermeen S. Arastu |
ACCESS TO A DOCTOR, ACCESS TO JUSTICE? AN EMPIRICAL STUDY ON THE IMPACT OF FORENSIC MEDICAL EXAMINATIONS IN PREVENTING DEPORTATIONS |
35 Harvard Human Rights Journal 47 (Spring, 2022) |
Year after year, the United States has remained the world's largest recipient of humanitarian-based immigration applications. Those seeking protection here must navigate a backlogged and increasingly restrictive system, oftentimes without access to counsel. Most individuals applying for humanitarian relief must prove that they survived egregious... |
2022 |
| Sadie M. Casamenti |
ACTS OF JUSTICE: RESTORING JUSTICE FOR IMMIGRANTS THROUGH STATE PARDONS |
43 Cardozo Law Review 2473 (August, 2022) |
C1-2Table of Contents Introduction. 2474 I. Background. 2479 A. Plenary Power and the Erosion of Federal Exclusivity Over Immigration. 2479 1. Traditional Understandings of Plenary Power. 2479 2. The Shift from Plenary Power to the Recognition of State Authority in Protecting Immigrants. 2481 B. Pardon Powers and State Sovereignty. 2483 1. Origins... |
2022 |
| Cyra Akila Choudhury , Shruti Rana |
ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY |
51 Southwestern Law Review 287 (2022) |
To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... |
2022 |
| Bill Ong Hing |
ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS |
9 Belmont Law Review 357 (Spring, 2022) |
Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... |
2022 |
| Ashley Albert , Amy Mulzer |
ADOPTION CANNOT BE REFORMED |
12 Columbia Journal of Race and Law 1 (July, 2022) |
I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... |
2022 |
| Gabriela Vasquez |
AMERICAN EXCLUSION DOCTRINE: A RESPONSE TO LIBERAL DEFENSES OF STARE DECISIS |
28 National Black Law Journal 1 (2022) |
Stare decisis has long been considered a conservative doctrine. Yet, in recent years, liberals have taken up a defense of the legal principle in efforts to preserve key liberal precedents. Despite the existing critiques of stare decisis as oppressive, political, and inconsistent, advocates along the entire political spectrum continue to claim its... |
2022 |
| Anna Arons |
AN UNINTENDED ABOLITION: FAMILY REGULATION DURING THE COVID-19 CRISIS |
12 Columbia Journal of Race and Law 1 (4-Apr-22) |
In a typical year, New York City's vast family regulation system, fueled by an army of mandated reporters, investigates tens of thousands of reports of child neglect and abuse, policing almost exclusively poor Black and Latinx families even as the government provides those families extremely limited support. When the City shut down in the wake of... |
2022 |
| Peter H. Huang |
ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY |
16 FIU Law Review 669 (Spring, 2022) |
This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... |
2022 |
| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
| Amy Reavis |
BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS |
46 New York University Review of Law and Social Change 362 (2022) |
The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... |
2022 |
| Kara W. Swanson |
CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE |
25 Stanford Technology Law Review (2022) (Spring, 2022) |
This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... |
2022 |
| Ariana R. Levinson , Sonya Faber , Dana Strauss , Sophia Gran-Ruaz , Amy Bartlett , Maria Macaluso , Monnica T. Williams |
CHALLENGING JURORS' RACISM |
57 Gonzaga Law Review 365 (2021/2022) |
Despite overwhelming documentation of disproportionate arrest, prosecution, conviction, and incarceration of Black Americans and the many psychological tools available to assess racism and implicit bias, anti-racist jury selection remains an understudied area of research. An evidence-based, anti-racist jury selection process is an urgent need,... |
2022 |
| Emily Ryo , Reed Humphrey |
CITIZENSHIP DISPARITIES |
107 Minnesota Law Review 1 (November, 2022) |
Introduction. 2 I. Naturalization: Past and Present. 9 A. Substantive Requirements for Naturalization. 10 B. Adjudication Process. 11 C. Overview of Denials and Delays. 14 D. Naturalization Adjudication as Boundary Policing. 18 II. The Current Study. 20 A. Data. 20 B. Coding and Analytical Approach. 22 III. Study Findings. 26 A. Approval Rate. 28... |
2022 |
| Emily R. Chertoff |
CITIZENSHIP FEDERALISM |
81 Maryland Law Review 503 (2022) |
Immigration federalism has attracted overwhelming attention from scholars and advocates in recent years. Despite this, the scholarship has not fully explored the outer limits of states' power to regulate noncitizens. This Article attempts to provide one account of these outer limits. To do so, it uses as a case study an important group of... |
2022 |
| Yael Cannon |
CLOSING THE HEALTH JUSTICE GAP: ACCESS TO JUSTICE IN FURTHERANCE OF HEALTH EQUITY |
53 Columbia Human Rights Law Review 517 (Spring, 2022) |
A massive civil justice gap plagues the United States. Every day, low-income Americans--and disproportionately people of color--go without the legal information and representation they need to enforce their rights. This can cost them their homes, jobs, food security, or children. But unmet civil legal needs in housing, employment, and public... |
2022 |
| Jeena Shah |
COMMUNITY LAWYERING IN RESISTANCE TO NEOLIBERALISM |
120 Michigan Law Review 1061 (April, 2022) |
An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings. New York: Oxford University Press. 2021. Pp. xxi, 661. $44.95. 1. . This is a multi-layered city, unceremoniously built on hills, valleys, ravines. Flying into Burbank airport in the day, you observe gradations of trees and earth. A city seems to be an afterthought,... |
2022 |
| S. Priya Morley |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
69 UCLA Law Review Discourse 100 (2022) |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
2022 |
| Shannah Colbert |
CONSTITUTIONAL LAW--DEVICE SEARCHES ABSENT REASONABLE SUSPICION ALLOW SECURITY INTERESTS TO OUTWEIGH PRIVACY CONCERNS AND AMPLIFY BIAS AT THE U.S. BORDER--ALASAAD v. MAYORKAS, 988 F.3D 8 (1ST CIR. 2021) |
27 Suffolk Journal of Trial and Appellate Advocacy 295 (2021-2022) |
The Constitution of the United States sets forth fundamental principles that create a national government, divide its power, and protect individual liberties. Although the Fourth Amendment forbids unreasonable searches and seizures, some searches, such as those conducted at the United States border, are subject to exceptions. In Alasaad v.... |
2022 |
| Shani M. King |
CONTEXTUALIZING (CHILDREN'S) IMMIGRATION IN LAW, HISTORY, THEORY AND POLITICS |
2022 Michigan State Law Review 187 (2022) |
Introduction. 188 I. Othering--A Brief Interpretation. 192 II. The Child as an Other. 194 A. Children as Others: Dependency (Nonadults) in Immigration Law. 198 B. Children as Others: Their Alienage or the Alienage of Their Parents in Family Law. 210 C. Repetition of Othering Narratives in Application of Welfare and Education Laws. 213 III. A... |
2022 |
| Madeleine Powers |
COUNTERING THE CRIMINAL NATURE OF IMMIGRATION ENFORCEMENT: A PROPOSAL TO EXPAND CONSTITUTIONAL SAFEGUARDS |
21 Seattle Journal for Social Justice 51 (Fall, 2022) |
The Supreme Court of the United States has maintained that immigration deportation proceedings are purely civil actions and are not criminal proceedings intended to punish unlawful entry or presence of noncitizens. Given this classification, noncitizens facing deportation are not afforded many of the same constitutional safeguards as defendants... |
2022 |
| Anna Reed |
CRUEL DILEMMAS IN CONTEMPORARY FERTILITY CARE: PROBLEMATIZING AMERICA'S FAILURE TO ASSURE ACCESS TO FERTILITY PRESERVATION FOR TRANS YOUTH |
29 Michigan Journal of Gender & Law 95 (2022) |
C1-2Table of Contents Introduction. 96 I. Background: Fertility Care in the U.S.. 97 A. Catch-22s: Problematizing Parental Involvement & Insurance Gaps in the Context of Fertility Preservation. 100 1. Parental Consent Laws Prevent Youth from Accessing the Care they Need. 100 2. High Out-of-Pocket Costs & the Unavailability of Insurance Coverage... |
2022 |
| Shoba Sivaprasad Wadhia , Margaret Hu |
DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN |
93 University of Colorado Law Review 325 (Winter, 2022) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |