| Author | Title | Citation | Summary | Year |
| 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 |
| Mark S. Kende |
Social Media, the First Amendment, and Democratic Dysfunction in the Trump Era |
68 Drake Law Review 273 (2020) |
In the fall of 2019, the congressionally endowed Drake Constitutional Law Center held a symposium on the book, Democracy and Dysfunction, authored by University of Texas law professor Sandy Levinson and Yale law professor Jack Balkin. Several scholars offered commentary on the book. This Article focuses on how the Internet is not what it used to... |
2020 |
| Jacob Barrett, University of Arizona, jacobbarrett@email.arizona.edu |
Social Reform in a Complex World |
17 Journal of Ethics & Social Philosophy 103 (April, 2020) |
We live in an unjust world. Our social and political institutions stand in need of reform. But of all the changes we might make to these institutions, which would genuinely promote justice? And how should we, as theorists, go about trying to figure this out? Perhaps the most straightforward approach is problem solving: diagnosing particular... |
2020 |
| Valerie L. Snow |
State Constitutions and Progressive CrImmigration Reform |
23 University of Pennsylvania Journal of Law and Social Change 251 (2020) |
INTRODUCTION. 251 I. THE DEVELOPMENT OF IMMIGRATION FEDERALISM AND CRIMMIGRATION. 254 II. NEW JUDICIAL FEDERALISM AND STATE CONSTITUTIONS AS A POTENTIAL AVENUE FOR CHANGE. 258 III. ADVANCING PROGRESSIVE CRIMMIGRATION POLICY. 262 IV. OBSTACLES IN THE PATH OF REFORM. 266 V. CONCLUSION. 268 |
2020 |
| Anthony C. Thompson |
Stepping up to the Challenge of Leadership on Race |
48 Hofstra Law Review 735 (Spring, 2020) |
First and foremost, I want to thank you for inviting me to deliver this keynote address. I applaud your choice to participate in a conference on difference and leadership because these are critical issues that deserve our best thinking and our collective attention. I have watched with great interest as organizations from global businesses, to law... |
2020 |
| Gwendolyn Roberts Majette |
Striving for the Mountaintop--the Elimination of Health Disparities in a Time of Retrenchment (1968--2018) |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 145 (Fall, 2020) |
Health disparities in the United States are real. People of color are the adverse beneficiaries of these facts--lower life expectancy, higher rates of morbidity and mortality, and poorer health outcomes in general. This Article analyzes the laws and policies that improve and create barriers to improving people of color's health since the death of... |
2020 |
| Kristin Booth Glen |
Supported Decision-making from Theory to Practice: Further Reflections on an Intentional Pilot Project |
13 Albany Government Law Review 94 (2019-2020) |
Supported decision-making (SDM) for persons with intellectual and developmental disabilities (I/DD) has been part of legal scholarly discourse for more than a decade, but has, at least in the United States, entered the real world of practice only recently. Whether as a means to the lofty goal of a human right to legal capacity, as set forth in... |
2020 |
| Catherine L. Fisk |
Sustainable Alt-labor |
95 Chicago-Kent Law Review Rev. 7 (2020) |
Contemporary labor organizing, with all its vibrance, variety, and vigor, seems to be in a virtuous cycle in which organizing success prompts favorable public attention, which in turn contributes to more organizing. More employees struck in 2019 than in any year since 1986. Since 2010, support for unions has climbed from less than half of Americans... |
2020 |
| Mariela Olivares |
The 1986 Immigration Reform and Control Act as Antecedent to Contemporary Latina/o/x Migration |
37 Chicana/o-Latina/o Law Review 65 (2020) |
C1-2Table of Contents Introduction. 65 I. History of Immigration Law and Policy. 67 II. Immediate Effects of IRCA. 70 III. IRCA Effects on Current Migration Trends and Political Movements. 75 Conclusion. 80 |
2020 |
| Laila Hlass |
The Adultification of Immigrant Children |
34 Georgetown Immigration Law Journal 199 (Winter, 2020) |
There is evidence . that the child receives the worst of both worlds [in juvenile court]: that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children. --Justice Fortas C1-2Table of Contents Introduction. 200 I. Constructions of Childhood under Immigration Law. 205 A.... |
2020 |
| Janine Silga |
The Ambiguity of the Migration and Development Nexus Policy Discourse: Perpetuating the Colonial Legacy? |
24 UCLA Journal of International Law and Foreign Affairs 163 (Spring, 2020) |
This Article seeks to identify the influence of the colonial legacy on migration policies, paying particular attention to the European context. Its goal is to assess the extent to which the current policy discourse on the migration and development nexus (MDN) stems from a conception of development that is still tightly connected with colonialism.... |
2020 |
| Paul Finkelman |
The Bill of Rights in Historical and International Perspective: How an 18 Century Document Illuminates Liberty in the 21 Century |
46 Ohio Northern University Law Review 291 (2020) |
In 1789, just over two hundred and thirty years ago, James Madison drafted, and his colleagues in the House of Representatives approved, a series of amendments to the new Constitution and sent them to the Senate for consideration. After some negotiations, both the House and the Senate passed twelve of the amendments by the necessary two-thirds... |
2020 |
| Chloe Meade |
The Border Search Exception in the Modern Era: an Exploration of Tensions Between Congress, the Supreme Court, and the Circuits |
26 Boston University Journal of Science and Technology Law 189 (Winter, 2020) |
The Supreme Court has long held that the border is different when it comes to unwarranted searches and seizures. This is due to the government's prevailing interest in preventing the entry of unwanted persons and effects . at the international border. Circuit courts, however, are beginning to reconsider the scope of the border search exception... |
2020 |
| Angela P. Harris , Aysha Pamukcu |
The Civil Rights of Health: a New Approach to Challenging Structural Inequality |
67 UCLA Law Review 758 (October, 2020) |
An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and... |
2020 |
| Jonathan Simon |
The Criminal Is to Go Free: the Legacy of Eugenic Thought in Contemporary Judicial Realism about American Criminal Justice |
100 Boston University Law Review 787 (May, 2020) |
The criminal is to go free because the constable has blundered. --Judge Benjamin Cardozo, People v. Defore Historians of the American penal state agree that eugenics--the global scientific and social movement for government managing of the racial stock of society--was a significant influence on the major wave of penal expansion that took... |
2020 |
| Hope M. Babcock |
The Current Role of the Environment in Reinforcing Acts of Domestic Terrorism: How Fear of a Climate Change Apocalypse May Strengthen Right-wing Hate Groups |
38 Virginia Environmental Law Journal 207 (2020) |
Right-wing extremist organizations, like white supremacists and nativists, are using the environment as a rallying cry to gain supporters of their anti-social agendas. Apocalyptic rhetoric about climate change and the lack of action to combat it has frightened some people into accepting the simplistic, violent worldview of these groups. Although... |
2020 |
| Paul Gowder |
The Dangers to the American Rule of Law Will Outlast the next Election |
2020 Cardozo Law Review de novo 126 (2020) |
According to many constitutional lawyers and political scientists, the presidential administration of Donald Trump (for scholars on the left), or the response to that presidency (for scholars on the right) poses serious dangers to American constitutional democracy and the rule of law. However, this Essay argues that a more careful understanding of... |
2020 |
| Aziz Z. Huq |
The Double Movement of National Origin Discrimination |
87 University of Chicago Law Review 2397 (December, 2020) |
Jose Figueroa's case presented little out of the ordinary for the federal courts. His was a multimillion-dollar drug operation run out of Wisconsin that fell apart when a dealer and a partner flipped and gave testimony for the government. Only in the closing moments of sentencing did Figueroa's case take an unusual turn, one that would in due... |
2020 |
| Caroline Bettinger-Lopez, Jamila Flomo, Amanda Suarez |
The Effects of Anti-Immigrant Laws in the U.s. on Victims of Domestic Violence, Sexual Assault, and Human Trafficking: a Gender-based Human Rights Analysis |
23 Harvard Latinx Law Review 17 (Spring, 2020) |
I. Introduction. 18 II. SB 168 Harms Immigrants and Immigrant Communities. 21 A. Recent Research and Data Reveal High Mistrust of the Police Amongst Immigrants When Local Law Enforcement Engages in Federal Immigration Enforcement. 23 B. Anti-Immigrant Laws Drain Resources and Divert Workstreams of Nonprofit Organizations Serving Victims. 26 C. SB... |
2020 |
| Michael Doran |
The Equal-protection Challenge to Federal Indian Law |
6 University of Pennsylvania Journal of Law & Public Affairs Aff. 1 (November, 2020) |
This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between... |
2020 |
| Ammar Phillips, 3L CHARLESTON SCHOOL OF LAW |
The Fight Towards Equality in a Public School: Whether "Separate but Unequal" Remains a Reality in Today's Public- School System |
14 Southern Journal of Policy and Justice Just. 3 (Fall, 2020) |
Over the past sixty-five years, America attempted to evolve from a segregated public-school system into an integrated one. The purpose of this paper is to discuss the still lasting effects of de jure and de facto segregation on the public-school system. The United States Supreme Court's school segregation decision in Brown v. Board of Education... |
2020 |