| Author | Title | Citation | Summary | Year |
| Alexander Brown |
"BIGOTS IN BLACK ROBES": LEGAL ETHICS AND JUDICIAL HATE SPEECH |
20 Intercultural Human Rights Law Review 285 (2025) |
Instances of judges using, as opposed to merely mentioning, hate speech are relatively rare, but they are not unheard of. Nor are they confined to the distant past. What is more, like other forms of judicial misconduct, when judges use hate speech, this can bring the judiciary into disrepute. Judicial hate speech raises two pressing questions of... |
2025 |
| Ryan Scott |
"FREEDOM LIVES HENCE, AND BANISHMENT IS HERE": THE WEAPONIZATION OF IMMIGRATION LAW TO PUNISH POLITICAL DISSIDENTS |
31 Washington and Lee Journal of Civil Rights and Social Justice 391 (Spring, 2025) |
This Note explores the long and bipartisan history of the United States government's weaponization of the immigration system to control, exclude, and expel percieved political enemies. The near-unlimited power that the federal government has acrrued in immigration matters has been used since the Founders' generation to purge the country of those... |
2025 |
| Richard B. Belzer |
"MODERNIZING REGULATORY REVIEW": A SHORT-LIVED ABANDONMENT OF MORE THAN FOUR DECADES OF REGULATORY REVIEW AND BENEFIT-COST ANALYSIS |
19 FIU Law Review 1081 (Spring, 2025) |
President Biden's Modernizing Regulatory Review (MRR) initiative fundamentally altered regulatory procedures, practices, and centralized oversight that had been in place since 1981 when they were formalized by President Reagan in Executive Order 12,291. MRR proceeded in three phases. First, a Memorandum issued on President Biden's first day in... |
2025 |
| Wei Luo |
"NI HAO" AT THE SOUTHERN BORDER: CRAFTING THE U.S. POLICY RESPONSE TO THE POST-PANDEMIC COHORT OF CHINESE MIGRANTS |
27 Scholar: St. Mary's Law Review on Race and Social Justice 355 (2025) |
Abstract: Undocumented migrants feature prominently in modern American politics. One group of migrants, however, has drawn relatively little attention--those from the People's Republic of China. Leading up to the 2024 election, Chinese migrants were the fastest growing group of migrants entering from the U.S.-Mexico border. This Article proposes... |
2025 |
| Joshua Aiken |
"SHE HAD SLAIN HER FAVORITE": RACE, GENDER, VIOLENCE, AND THE RULE OF LAW IN THE MILITARY-OCCUPIED SOUTH |
36 Yale Journal of Law & Feminism 229 (2025) |
Abstract. This Article excavates the 1865 trial United States v. Temperance Neely to analyze how emergent legal cultures in the military-occupied South calcified racial slavery's logic despite formal emancipation. Through examination of previously unanalyzed court proceedings, I demonstrate how this case illuminates three interlocking dimensions of... |
2025 |
| Tamara Shamir |
"THE GREATEST INVASION IN HISTORY": THE NINETEENTH CENTURY NATIVIST THEORY BEHIND TRUMP'S 2025 IMMIGRATION AGENDA |
120 Northwestern University Law Review Online 114 (########) |
Abstract--President Trump has invoked the theory that the U.S. is being invaded by immigrants at the southern border to curtail immigrants' civil rights, deploy the military against noncitizen civilians, and expand his executive power. This Essay provides the first study of the origins of the immigration as invasion theory, tracing its emergence... |
2025 |
| Anjali Vats |
(WHITE) RACIAL ARITHMETIC AS INTELLECTUAL PROPERTY ARCHITECTURE |
103 Texas Law Review 1581 (June, 2025) |
In The Signal and the Noise, a manifesto for our cognitively dissonant post-fact, pro-statistics era, Nate Silver writes: Data-driven predictions can succeed--and they can fail. It is when we deny our role in the process that the odds of failure rise. Before we demand more of our data, we need to demand more of ourselves. He continues: [O]ur... |
2025 |
| Emile Loza de Siles |
¡WE COUNT! THE ENUMERATED HISTORY OF THE LATINX LEGAL ACADEMY: PART ONE, BEGINNINGS TO 1990 |
23 Seattle Journal for Social Justice 595 (Spring, 2025) |
Latinx law teachers and scholars are vital to the success of Latinx and other students in legal education, as well as to the attainment of the power, influence, economic advancement, and justice-getting that students seek through that education. Today, one in five Americans are Latinx with the proportion quickly growing to one in four. Although... |
2025 |
| Danielle Beach-Oswald, Esq. , Alice N. Barrett, Esq. |
A CHANGING LEGAL LANDSCAPE FOR IMMIGRATION: IMPACTS ON IMMIGRANT WORKERS AND BUSINESSES |
7 Maryland Bar Journal 87 (Fall, 2025) |
Attitudes and laws in the U.S. reflect a longstanding conflict of feelings about immigrants--the country's diversity and reliance on the innovative spirit, dynamism, and hard work of immigrant communities has lain in contrast with hostility to change and new people, often manifesting as xenophobia and exploitation marked by race and class. After... |
2025 |
| Elizabeth Ellick |
A DIFFERENT FORM OF POST-OP: HEALING SURVIVORS OF DOMESTIC VIOLENCE THROUGH PROSECUTORIAL ANATOMY |
70 Villanova Law Review 593 (2025) |
Imagine a friend of yours is abused by their partner extensively for years. The two share children who have witnessed scenes of strangulation, rape, and scarring beatings. It has taken years, but your friend has finally mustered the courage to report the abuse to law enforcement. The individual experiences relief for a fleeting moment as the... |
2025 |
| Andrea Giampetro-Meyer , Sara Magee |
A LEGAL AND SOCIAL JUSTICE AGENDA TO END TOXIC WORKPLACE CULTURE |
102 University of Detroit Mercy Law Review 257 (Winter, 2025) |
Toxic workplace culture is a label for the dangerous normalization of noxious behaviors that affect workers who are marginalized regarding race, gender, gender identity, sexual orientation, socioeconomic status, citizenship status, disability status, and their intersections. Toxic workplace culture features widespread discrimination and misconduct,... |
2025 |
| Jacqueline Marie Brown |
A NEW OPPORTUNITY TO REFORMULATE THE DEFINITION OF A PARTICULAR SOCIAL GROUP POST CHEVRON |
20 Intercultural Human Rights Law Review 151 (2025) |
Refugees at the border are often asylum seekers who need to demonstrate that they have been persecuted or have a well-founded fear of future persecution because of race, religion, nationality, political opinion, or membership in a particular social group (PSG). This article focuses on the particular social group ground for asylum because this... |
2025 |
| Ibrahim Berrada |
A POLICY REVIEW AND RHETORICAL ANALYSIS OF NEO-RACIST POPULIST DISCOURSE ON THE UK-RWANDA PARTNERSHIP |
31 Southwestern Journal of International Law 445 (2025) |
From 2022 until their election loss in 2024, prominent British Tory politicians intentionally conveyed harmful populist rhetoric regarding the influx of irregular migrants to the United Kingdom. The ill-conceived and ill-fated UK-Rwanda Partnership, along with the rationales adopted by the Tories to circumvent court rulings and other liberal... |
2025 |
| Stephanie Richard , Suzanne S. La Pierre |
A RESTORATIVE JUSTICE ALTERNATIVE FOR TRAFFICKING SURVIVORS: THE NEED FOR A COLLABORATIVE APPROACH IN ESTABLISHING A PILOT PROGRAM ADDRESSING SURVIVOR-ARTICULATED NEEDS |
57 Connecticut Law Review 621 (January, 2025) |
Human trafficking survivors not only suffer physical and psychological harm during the commission of the crimes against them, but also are often further harmed through forced involvement in the criminal justice system. With the current focus on apprehending and punishing perpetrators as the primary tool promoted in the United States to prevent... |
2025 |
| Margot J. Pollans |
ABUNDANCE AND OTHER FOOD FIXATIONS |
96 University of Colorado Law Review 209 (2025) |
Although most people in the United States no longer devote the majority of their time to food production, processing, and distribution, food remains a daily fixation. This Article explores three driving food fixations--abundance, thinness, and health--and situates each against an inverse fear--scarcity, fatness, and illness, respectively. Mapping... |
2025 |
| Lucas Guttentag |
ABUSING DISCRETION: AN INTERVIEW WITH PROFESSOR LUCAS GUTTENTAG ON THE TRUMP ADMINISTRATION'S INITIAL WAVE OF IMMIGRATION POLICIES |
30 Berkeley Journal of Criminal Law 274 (2025) |
Lucas Guttentag is one of the nation's leading experts on immigration law and the rights of non-citizens. He founded the ACLU Immigrants' Rights Project (IRP) in 1985 and led it for 25 years, building it into the country's premier immigration litigation program, litigating major cases nationwide, including national class actions, and successfully... |
2025 |
| Alea Skwara, Sharon Howard, Carmen Velazquez, Raquel Aldana , UC Davis School of Law, Davis, CA USA |
ADJUDICATING CREDIBILITY: DOCUMENTING THE ROLE OF MENTAL HEALTH IMMIGRATION FORENSIC ASSESSMENTS |
51 American Journal of Law & Medicine 217 (2025) |
Mental health or psychological forensic assessments are a growing practice in immigration adjudication, but the practice is not well understood. Several studies have measured the impact of medical or mental health forensic reports in immigration adjudication; yet none have documented when mental health forensic reports are sought or how they are... |
2025 |
| Sonja Starr |
ADMISSIONS ESSAYS AFTER SFFA |
100 Indiana Law Journal 847 (Spring, 2025) |
The Supreme Court concluded its 2023 decision barring affirmative action in university admissions with a qualification: Although they may not give weight to race qua race, universities may consider individual applicants' discussion of race-related life experience that bears on their strengths and potential. This essay carveout provides a... |
2025 |
| Etienne C. Toussaint |
AFROFUTURISM IN PROTEST: DISSENT AND REVOLUTION |
125 Columbia Law Review 1375 (June, 2025) |
In an era of reckoning and resistance, this Symposium Piece journeys through the rich terrain of Black protest and Afrofuturist imagination, uncovering a radical legal tradition rooted in historical defiance and visionary possibility. By analyzing Black resistance--from insurrections against slavery to today's racial justice movements--through an... |
2025 |
| Stella Burch Elias , Paul Gowder |
AGAINST ATTORNEY GENERAL SELF-REFERRAL IN IMMIGRATION LAW |
109 Minnesota Law Review 2331 (May, 2025) |
This Article advances a rule-of-law-based critique of the Attorney General's immigration self-referral power. We argue that the Attorney General's self-referral and review power over pending immigration proceedings allows an appointed Executive Branch official to engage in unchecked and unilateral lawmaking and, therefore, should be abolished.... |
2025 |
| Ahmad Ibsais |
AI AT THE BORDERS: HOW THE EU AI ACT CAN PROVE TO BE INCOMPATIBLE WITH FUNDAMENTAL RIGHTS FOR REFUGEES |
56 Georgetown Journal of International Law 729 (Spring, 2025) |
With the emergence and growing sophistication of artificial intelligence (AI), there is a new set of challenges at the intersection of innovation, fundamental human rights law, and migration policy within the European Union (EU). This Note critically examines the EU's approach to AI regulation, particularly its application at borders and in... |
2025 |
| Laurie N. Hobart |
AI, BIAS, AND NATIONAL SECURITY PROFILING |
40 Berkeley Technology Law Journal 165 (2025) |
Artificial Intelligence (AI), an increasingly utilized tool for searching, sorting, and analyzing data, has the potential to exacerbate an existing governmental tendency to profile in national security investigations based on ethnicity and race, national origin, and religion. AI is or may be used in national security criminal investigations;... |
2025 |
| Jan C. Jansen , History Department, University of Tubingen, Tuebingen, Germany, Email: jan.jansen@uni-tuebingen.de |
ALIEN ACTS IN THE AGE OF EMANCIPATION: MOBILITY CONTROL AND EXECUTIVE POWER IN THE BRITISH CARIBBEAN, 1820S-1830S |
43 Law and History Review 821 (November, 2025) |
In reaction to revolutionary upheaval in the 1790s and 1800s, the British parliament at home and colonial legislatures in the Americas passed their first statutory provisions to govern migration and aliens as such. As this paper argues, in their sustained and varied uses, these alien acts were much more than about border and migration controls.... |
2025 |
| Jan C. Jansen , History Department, University of Tubingen, Tuebingen, Germany, Email: jan.jansen@uni-tuebingen.de |
ALIEN ACTS IN THE AGE OF EMANCIPATION: MOBILITY CONTROL AND EXECUTIVE POWER IN THE BRITISH CARIBBEAN, 1820S-1830S |
43 Law and History Review 821 (November, 2025) |
In reaction to revolutionary upheaval in the 1790s and 1800s, the British parliament at home and colonial legislatures in the Americas passed their first statutory provisions to govern migration and aliens as such. As this paper argues, in their sustained and varied uses, these alien acts were much more than about border and migration controls.... |
2025 |
| Kit Johnson |
ALL-AMERICAN CRIME: REFLECTIONS ON WELCOME THE WRETCHED BY CÉSAR CUAUHTÉMOC GARCÍA HERNÁNDEZ |
47 University of Arkansas at Little Rock Law Review 581 (Summer, 2025) |
In his 2024 book, Welcome the Wretched, Professor César Cuauhtémoc García Hernández questions why it is that non-citizens who have committed crimes are slated for removal from this country. After all, he notes, Migrants don't bring crime here. It's already here. It always has been and always will be. We may not readily admit it, but crime in the... |
2025 |
| Ana Pottratz Acosta |
AN EXAMINATION OF PUBLIC BENEFIT ENROLLMENT DATA IN MINNESOTA IMMIGRANT HOUSEHOLDS AS EVIDENCE OF PUBLIC CHARGE CHILLING EFFECT |
43 Minnesota Journal of Law & Inequality 73 (Spring, 2025) |
A hallmark of the first Trump Administration was its pervasive attacks against immigrant communities. While President Trump often touts his efforts to ramp up immigration enforcement to secure the southern border, other policies aimed at limiting legal immigration to the U.S. through administrative action had a far greater impact on U.S.... |
2025 |
| Jasmine B. Gonzales Rose, Asees Bhasin, Spencer Piston |
ANTIRACIST EXPERT EVIDENCE |
134 Yale Law Journal 2362 (May, 2025) |
ABSTRACT. Since 2020, when mass protests against racism swept across the United States, scholars, lawyers, and the general public have become increasingly aware that racism permeates society and the criminal legal system, from overt racial animus to the nuanced effects of structural racism. Demonstrating the influence of racism is therefore vital... |
2025 |
| Kaiponanea T. Matsumura, Erin Suzuki |
ASIAN AMERICANS AND THE HARM OF EXCEPTIONALIZED INCLUSION |
110 Cornell Law Review 889 (June, 2025) |
The use of race in college admissions is contentious not only because elite colleges are a gateway to good careers, but because the colleges themselves symbolize belonging at the highest levels of American society. In this sense, the Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA)... |
2025 |
| Mary Berg |
ASSESSING US IMMIGRATION POLICY FOR ALLIED AFGHAN NATIONALS |
42 Wisconsin International Law Journal 439 (Spring, 2025) |
Throughout US military involvement in Afghanistan, various administrations have promised to offer immigration pathways to Afghans that supported the US military. This Comment assesses whether they have fulfilled these promises. First, this Comment examines the legal immigration pathways available to Afghans within the US or remaining abroad. Then,... |
2025 |
| Vanessa Merton |
BETRAYAL OF TRUST, RESTORATION OF HOPE: HOW TO ENFORCE THE LAW AND TRANSFORM THE LIVES OF IMMIGRANTS RIPPED OFF AND DAMAGED BY BAD LAWYERS AND SCAMMER NOTARIOS |
99 Saint John's Law Review 379 (2025) |
Immigrants seeking lawful status, or otherwise facing denial of entry or deportation, have no right to counsel at government expense. Not even the most sophisticated immigrant can effectively navigate the morass of U.S. immigration law, frequently described by federal judges as labyrinthine, baffling, arcane, and almost as impenetrable as... |
2025 |
| Nancy Plankey-Videla, Huyen Pham, Angela D. Morrison, Luz E. Herrera |
BEYOND MASS DEPORTATION |
57 Columbia Human Rights Law Review 1 (Winter 2025) |
Donald Trump's threats to carry out the mass deportation of unauthorized immigrants helped propel him to a second term as President of the United States. For the estimated 11 million people in the U.S. without lawful status, those threats have increased fears of forced returns to their countries of origin. While American immigration law is heavily... |
2025 |
| Angela Onwuachi-Willig , Anthony V. Alfieri |
BIGLAW'S RACE PROBLEM: THE BLACK CEILING: HOW RACE STILL MATTERS IN THE ELITE WORKPLACE BY KEVIN WOODSON. CHICAGO: THE UNIVERSITY OF CHICAGO PRESS, 2023. PP. 216. $26.00 |
125 Columbia Law Review 703 (April, 2025) |
Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within... |
2025 |
| Laura K. Donohue |
BIOMANIPULATION |
113 Georgetown Law Journal 475 (February, 2025) |
C1-3Table of Contents L1-2Introduction . L3476 I. Defining Biomanipulation. 483 a. baseline: manipulation. 484 b. role played by biometric data. 489 c. biomanipulation in the market context. 494 1. Traditional Approaches. 494 2. Biologically Based Personalization. 499 3. Immutability and Persistent Vulnerability. 503 II. Enabling Factors. 504 a.... |
2025 |
| Bill Ong Hing |
BLACK MIGRANTS AND BLACK LIVES MATTER: VOICES OF TENSION, RACISM, PAN-AFRICANISM, AND PROSPECTS FOR COLLABORATION |
22 UC Law Journal of Race and Economic Justice 129 (January, 2025) |
C1-2Table of Contents I. Introduction. 130 II. Background Studies on Black Migrants and BLM. 133 III. Tensions, Misunderstandings, and Social Distance. 136 A. Ethnicity and Identity. 139 B. Economic Differences, Work Ethic, and Competition Over Resources. 146 C. Favorable Treatment of Black Migrants from White America. 149 D. Stereotypes of African... |
2025 |
| Swethaa S. Ballakrishnen , School of Law, University of California Irvine, Irvine, CA, USA, Email: sballakrishnen@law.uci.edu |
BLASÉ: DEVIANT LAWYERS AND THE DENIAL OF DISCRIMINATION |
59 Law and Society Review 324 (June, 2025) |
(Received 20 November 2023; revised 2 September 2024; accepted 10 October 2024) Using 60 interviews with a range of minority law students and early career legal professionals (primarily differentiated by race, gender identity, religion, and disability), this Article illuminates the cruciality of empirical Critical Race Theory to understand... |
2025 |
| Angela E. Addae |
BOOZE, BARS, AND BIAS: ANTI-BLACKNESS IN LIQUOR LICENSING ENFORCEMENT |
81 Washington and Lee Law Review 1855 (2025) |
This Article explores the disharmonious and disturbing influence of race in the enforcement of liquor licenses. Across the length and breadth of this nation, attentive Black revelers bear witness to an all-too-familiar trend signified by the disproportionately frequent closures of Black entertainment businesses. This Article argues that the... |
2025 |
| Victor C. Romero |
BORDER DECRIMINALIZATION AS A STATE PROJECT: LESSONS FROM MARIJUANA AND ASSISTED SUICIDE LEGALIZATION ACROSS THE UNITED STATES |
32 William and Mary Journal of Race, Gender, and Social Justice 1 (Fall, 2025) |
My prior work argued for the decriminalization of border crossings without proof of specific intent to violate another law (like drug trafficking), which is even less likely to happen now than it was when the piece was published, given the current presidential administration's zealous deportation strategy and Congress's seeming acquiescence. As... |
2025 |
| Lisette Chan |
BREAKING BORDERS: EXAMINING THE DISPARITIES IN TREATMENT OF NORTHERN TRIANGLE MIGRANTS |
30 Texas Hispanic Journal of Law and Policy 61 (Spring, 2025) |
The Northern Triangle, comprised of El Salvador, Guatemala, and Honduras, is marked by economic instability, pervasive violence, and corruption--leaving a significant portion of its population vulnerable to these dangers. This ongoing humanitarian crisis has led many to flee to the United States in search of protection. This paper will examine the... |
2025 |
| Sinéad Brennan-Gatica |
BUT FOR AND A GOOD BIT MORE: CONFLICTING NEXUS STANDARDS WITHIN ASYLUM LAW AND THE ROLE OF ANIMUS IN FORCED RECRUITMENT |
24 Connecticut Public Interest Law Journal 101 (2024-2025) |
To establish eligibility for asylum, an immigrant must demonstrate that they suffered persecution on account of one of the five enumerated grounds, race, religion, nationality, membership in a particular social group or political opinion. This showing is also commonly referred to as the nexus requirement. Recent decisions by various federal... |
2025 |
| Anita Sinha |
BUT FOR BORDERS: THE PROTECTION GAP FOR INTERNALLY DISPLACED PERSONS |
57 New York University Journal of International Law & Politics 383 (Spring, 2025) |
Internal displacement, the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees,... |
2025 |
| Daniel Sharp, Ludwig-Maximilians-Universitat Munchen, daniel.sharp@lmu.de |
CAN STATES RESIST MIGRATION BLACKMAIL WHILE PROTECTING MIGRANTS? |
30 Journal of Ethics & Social Philosophy 295 (April, 2025) |
States on Europe's periphery sometimes use the threat of creating a migration crisis to extract concessions from European Union (EU) member states. This practice has become increasingly prevalent in recent decades due to the EU's increasing reliance on outsourcing migration control activities to neighboring states. To illustrate, consider the... |
2025 |
| Mark Wilson |
CANADA'S OPEN WORK PERMIT FOR H-1B VISA HOLDERS: CANADIAN OPPORTUNISM AND A BROKEN AMERICAN SYSTEM |
16 William & Mary Business Law Review 439 (February, 2025) |
A new Canadian working permit has been created by the Trudeau government to the detriment of American business and macroeconomic prospects. In the context of labor shortages and a quickly changing American workplace, this Note will forward the findings of governments as well as legal and economic scholars on the benefits of skilled immigrant... |
2025 |
| Carol Nackenoff |
CASTE AND AMERICAN CITIZENSHIP IN THE TRUMP ERA |
85 Maryland Law Review 178 (2025) |
Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person's mother was unlawfully present in the United States and the father was not a United States citizen or lawful... |
2025 |
| Arléne Amparo Amarante |
CASTE ASIDE: LEGAL NON-EXISTENCE AND APARTHEID IN PALESTINE |
29 U.C. Davis Social Justice Law Review 72 (Winter, 2025) |
Table of Figures. 73 Abstract. 74 Introduction. 72 Part I. On the European Origins of Barbarian-Branding. 80 A. Citizenship Legitimates a Hierarchy of Rights. 85 B. Hermeneutical Injustice Exposes the Psychic Limitations Enshrined by Citizenism. 87 Part II. The United (Separation of) Nations. 89 A. The Global Community Dismantled Palestine with... |
2025 |
| Wing Ki Winki Chan |
CIVIL RIGHTS LAW--42 U.S.C. § 1981 PROTECTS AGAINST DISCRIMINATION BASED ON U.S. CITIZENSHIP--RAJARAM v. META PLATFORMS, INC., 105 F.4TH 1179 (9TH CIR. 2024) |
58 Suffolk University Law Review 493 (2025) |
Under 42 U.S.C. § 1981 of the Civil Rights Act of 1866 (§ 1981), the Contract Clause guarantees the same right for [a]ll persons within the jurisdiction of the United States . to make and enforce contracts . to the full and equal benefit of all laws and proceedings for the security of persons and property as white citizens. As foreign workers... |
2025 |
| Carrie Rosenbaum |
COLORBLIND IMMIGRATION RACISM |
72 UCLA Law Review Discourse 554 (2025) |
The Fifth Amendment equal protection doctrine has never been effective at curtailing racialized harm in immigration law. While not expressly drafted to address racially differential impact, the administrative law doctrine known as arbitrary and capricious review has the potential to enable courts to set aside discretionary immigration enforcement... |
2025 |
| Paul Rink |
CONCEPTUALIZING U.S. STRATEGIC CLIMATE RIGHTS LITIGATION |
49 Harvard Environmental Law Review 149 (2025) |
As climate lawsuits asserting rights-based claims have expanded in the United States over the last decade and a half, many scholars have analyzed their likelihood of success on the merits. Some have further considered the extrajudicial impacts of such cases on society more broadly. Yet a full-blown investigation into the advantages and... |
2025 |
| Julia Casey |
CONSTITUTIONAL LAW -- U.S. CITIZEN INTEREST IN NON-CITIZEN SPOUSES ENTERING THE UNITED STATES IS LEFT UNPROTECTED -- DEP'T OF STATE v. MUÑOZ, 602 U.S. 899 (2024) |
48 Suffolk Transnational Law Review 443 (2025) |
While the Supreme Court typically shows deference to the executive branch's congressionally delegated authority over matters of immigration, constitutional challenges by U.S. citizens have sometimes created exceptions for judicial review. In Dep't of State v. Muñoz, the Supreme Court returned to the previously unresolved question of whether U.S.... |
2025 |
| Raquel Muñiz , Andrés Castro Samayoa |
CO-OPTIVE CONSTITUTIONALISM |
20 Northwestern Journal of Law & Social Policy 130 (Spring, 2025) |
In this Article, we introduce the concept of co-optive constitutionalism, a rhetorical mechanism through which the U.S. Supreme Court dismantles civil rights protections while paradoxically employing civil rights language to legitimize these regressive outcomes. Through a detailed analysis of the majority, concurrences, and dissents in Students for... |
2025 |
| Joshua J. Schroeder |
COURTING OBLIVION PART II: HOW TO REVIVE AMERICAN RECONSTRUCTION BY FEIGNING FORGETFULNESS |
73 Cleveland State Law Review 515 (2025) |
This is the second part of the three part Courting Oblivion series on the legal concept of oblivion, meaning legal forgetfulness, letting go of the past, or forgiveness usually to predicate a second chance, a restart, or even an era of reconstruction. This Article demonstrates how to apply the right to move on described in Part I to the law in... |
2025 |