Richard Delgado Reforming Capitalism Through Law and Regulation 47 John Marshall Law Review 1269 (Summer, 2014) Reflecting on a number of recent books on social reform through law, it struck me how many of them exhibit a common structure. The books lay out in the first half how poorly a certain sector, such as corporate finance, immigration, or civil rights, has been performing under certain criteria, usually justice or efficiency. They then argue for... 2014
M. Akram Faizer REFORMING STATE ELECTORAL COLLEGE LAWS TO DEPOLARIZE AMERICAN POLITICS 70 Cleveland State Law Review 145 (2022) Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer... 2022
Ryan D. Frei Reforming U.s. Immigration Policy in an Era of Latin American Immigration: the Logic Inherent in Accommodating the Inevitable 39 University of Richmond Law Review 1355 (May, 2005) For over one hundred years, the Statue of Liberty has served as one of the United States's primary representative symbols, embodying the welcoming spirit of equal opportunity on which the country was founded. The United States is, undeniably, an eclectic nation of immigrants. Nevertheless, despite the common immigrant background virtually all... 2005
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
Caroline Nalule REFUGEE BURDEN-AND-RESPONSIBILITY SHARING: REVISITING THE DEBATE ON THE RIGHT TO COMPENSATION TO REFUGEE-HOSTING STATES 31 Michigan State International Law Review 441 (2023) Much of the world's rising refugee population is situated in developing countries most of which struggle to fulfil their developmental obligations towards their own citizens, while the better financially-placed countries are increasingly changing their asylum policies to avoid most of the obligations that come with the admission of high numbers of... 2023
Shana Tabak REFUGEE DETENTION AS CONSTRUCTIVE REFOULEMENT 48 Yale Journal of International Law 289 (Summer, 2023) The most fundamental obligation that states owe to refugees under the 1951 United Nations Convention Relating to the Status of Refugees is the commitment of non-refoulement. This commitment to not force back a refugee to a country where she may face serious harm to her life or liberty demands that states interrogate whether their treatment of... 2023
Malissia Lennox Refugees, Racism, and Reparations: a Critique of the United States' Haitian Immigration Policy 45 Stanford Law Review 687 (February, 1993) We are asking why you treat us this way. Is it because we are Negroes? Why are you letting us suffer this way, America? Don't you have a father's heart? Haven't you thought we were humans, that we had a heart to suffer with and a soul that could be wounded? Give us back our freedom. Why among all the nations that emigrate to the United States have... 1993
Fatma E. Marouf Regrouping America: Immigration Policies and the Reduction of Prejudice 15 Harvard Latino Law Review 129 (Spring 2012) Introduction. 130 I. Constructing Fuzzy Categories Based on Immigration Status and the Porous Boundaries Between Them. 133 II. Social Categorization and Intergroup Relations. 138 A. The Relationship Between Social Categorization and Intergroup Bias, and Intergroup Conflict. 138 B. Categorization-Based Strategies for Reducing Intergroup Bias. 142... 2012
Shikha Silliman Bhattacharjee REGULATING RECRUITMENT: MIGRATION, CRIMINALIZATION, AND COMPOUNDED INFORMALITY 18 University of Pennsylvania Asian Law Review 217 (April, 2023) Across the globe, migrant workers are increasingly concentrated in temporary employment, including contract, short-term, and contingent work. These short-term employment stints require them to find new work on a regular and ongoing basis. How can legal frameworks encourage recruitment practices that protect the interests of both workers and... 2023
Beth Caldwell REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP 98 Washington Law Review 787 (October, 2023) Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... 2023
Vernon M. Briggs, Jr. Reining-in a Rogue Policy: the Imperative of Immigration Reform 30 University of Miami Inter-American Law Review 611 (Winter-Spring 1999) I. Introduction. 612 II. The Context of Policy Assessment. 613 III. The Accidental Issue: Mass Immigration. 614 IV. The Effects of Post-1965 Immigration. 616 A. Population. 616 B. Ethnic Composition. 617 C. Labor Force. 618 D. Poverty. 619 E. Income Inequality. 621 F. Labor Mobility. 622 V. The Saga of Reform. 622 VI. Concluding Comments. 626 1999
Rose Cuison-Villazor REJECTING CITIZENSHIP 120 Michigan Law Review 1033 (April, 2022) Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... 2022
Hesley Gonzalez RELEASE FROM LEGAL PURGATORY: ADDING A CATEGORY TO THE SECRETARY OF HOMELAND SECURITY'S POWER TO PAROLE IN PLACE 50 Western State Law Review 21 (Spring, 2023) C1-3Table of Contents I. Introduction. 21 II. The History of Immigration Legislation. 26 A. Immigration Legislation, From America's Inception to 2001. 26 B. Restructuring the Immigration System in the Twenty-First Century. 29 III. The Inability to Pass Immigration Reform. 31 A. The Politicization of Immigration. 31 B. The Legislative Branch's... 2023
Randi Mandelbaum RELEASE TO SPONSOR APPROVED, NOW WHAT? 91 Fordham Law Review Online 83 (2023) Naomi, a fourteen-year-old girl fleeing family violence in her native country of Honduras, spent five months detained by the Office of Refugee Resettlement (ORR), before being released to her cousin. Because the cousin was a distant relative, a home study was required. In addition, upon her release, the cousin and Naomi were referred for... 2023
Philip Cantwell Relevant "Material": Importing the Principles of Informed Consent and Unconscionability to Analyze Consensual Medical Repatriations 6 Harvard Law & Policy Review 249 (Winter 2012) Antonio Torres, a teenage farmworker from Gila Bend, Arizona, suffered catastrophic injuries in a car accident in June 2008. Mr. Torres was a legal immigrant, but he carried no health insurance. His status barred him from federal healthcare funding. Soon after stabilizing him, the hospital began planning to repatriate the comatose Mr. Torres to... 2012
Zachary S. Price Reliance on Nonenforcement 58 William and Mary Law Review 937 (February, 2017) Can regulated parties ever rely on official assurances that the law will not apply to them? Recent marijuana and immigration nonenforcement policies have presented this question in acute form. Both policies effectively invited large numbers of legally unsophisticated people to undertake significant legal risks in reliance on formally nonbinding... 2017
Gabriel J. Chin RELIEF AND STATUTES OF LIMITATION FOR DEPORTABLE NONCITIZENS UNDER ASIAN EXCLUSION, 1882-1948 50 Southwestern Law Review 218 (2021) Reading Deported Americans is like watching a horror movie; it is all too easy to anticipate the terror coming. But it is no fantasy; this nightmare is real life. The book is the story of good people, many with close connections to the United States, deported without mercy or individual consideration. Sometimes, although not always, they are... 2021
Dylan Farrell-Bryan , Department of Sociology, University of Pennsylvania, Philadelphia, Pennsylvania, USA RELIEF OR REMOVAL: STATE LOGICS OF DESERVINGNESS AND MASCULINITY FOR IMMIGRANT MEN IN REMOVAL PROCEEDINGS 56 Law and Society Review 167 (June, 2022) In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical... 2022
Michael Scaperlanda Religious Freedom in the Face of Harsh State and Local Immigration Laws 15 Tulsa Journal of Comparative & International Law 165 (Spring 2008) In recent years, the issue of illegal immigration has taken center stage on the American political scene. In 2005, the House Judiciary Committee estimated that eleven million aliens resided in this country illegally, with another 500,000 moving to the United States annually. Two approaches emerged to deal with this tide: an enforcement first model,... 2008
Stéphanie Hennette-Vauchez RELIGIOUS NEUTRALITY, LAÏCITÉ AND COLORBLINDNESS: A COMPARATIVE ANALYSIS 42 Cardozo Law Review 539 (May, 2021) C1-3Table of Contents L1-2Introduction . L3540 I. A Caveat to Comparability. 549 II. Modes of Reasoning. 552 A. Formalistic Legal Reasoning, Anti-Classification as Symmetry, and the Limited Reach of Anti-Discrimination Law. 552 B. Shielding Discrimination from Equality and Anti-Discrimination Law. 568 1. The Public/Private Divide as a Limit on... 2021
Erica D. Rosenbaum RELYING ON THE UNRELIABLE: CHALLENGING USCIS'S USE OF POLICE REPORTS AND ARREST RECORDS IN AFFIRMATIVE IMMIGRATION PROCEEDINGS 96 New York University Law Review 256 (April, 2021) Although many scholars have recognized the need for increased procedural protections for immigrants in removal proceedings, very little attention has been paid to the process afforded to immigrants applying affirmatively to acquire lawful status. However, due to the collection of important interests implicated by affirmative immigration... 2021
Angela Stoltzfus REMAIN IN MEXICO: THE MIGRANT PROTECTION PROTOCOLS' FAILURE TO PROTECT 95 Temple Law Review Online 1 (2023) Only days before the 2018 midterm election, President Donald Trump called immigrants, or asylum seekers, fleeing violence an invasion. It was not unusual for Trump to use this type of pejorative language--Trump had publicly used demeaning terms such as predator and killer to refer to immigrants at the southern border not once or twice, but... 2023
Clayton P. Gillette REMOTE WORK AND CITY DECLINE: LESSONS FROM THE GARMENT DISTRICT 15 Journal of Legal Analysis 201 (2023) The dramatic rise of remote work threatens the traditional source of urban growth--the unique ability of dense cities to provide a setting in which firms and employees share productive resources, match needs with skills, and transmit knowledge at low cost. These agglomeration benefits have induced cities to pursue clusters of related firms that... 2023
Barbara Buckinx, Alexandra Filindra Removal and Harm Avoidance in U.s. Immigration Practice 22-SUM Kansas Journal of Law & Public Policy 379 (Summer, 2013) In recent years, Immigration and Customs Enforcement (ICE) has removed approximately 400,000 individuals per fiscal year. This is a sharp increase from 2001, when approximately half that number were removed annually. The removal of noncitizens is thus an integral and increasingly important part of the immigration policy of the United States. The... 2013
Miranda Sasinovic REMOVING ROADBLOCKS: ALTERNATIVES TO LAWFUL STATUS AND SOCIAL SECURITY NUMBER REQUIREMENTS FOR PENNSYLVANIA DRIVER'S LICENSES 126 Dickinson Law Review 305 (Fall, 2021) As part of their traditional state police powers, states determine the eligibility requirements for their driver's licenses. Standard eligibility requirements include proof of age, residency, identity, and knowledge. In the 1990s, some states amended their vehicle codes to require proof of lawful status, effectively barring undocumented immigrants... 2021
Jill E. Family Removing the Distraction of Delay 64 Catholic University Law Review 99 (Fall, 2014) I. The Delay Rationale and Efforts to Restrict Judicial Review of Immigration Removal Cases. 102 A. The Role of Judicial Review in Immigration Removal Cases. 102 B. Efforts to Limit Immigration Judicial Review and the Delay Justification. 104 II. Delay and a Dispute Over Immigration Sovereignty. 109 A. Delay or Something Else?. 110 B. The Dispute... 2014
Carol Daugherty Rasnic Removing the Welcome Mat: Myth and Reality on the 2004 Irish Constitutional Referendum and Citizenship by Birth in the Usa 17 New England Journal of International and Comparative Law L. 1 (2011) Give me your tired, your poor, your huddled masses yearning to breathe free. . . Emma Lazarus, The New Colossus The famous words of Emma Lazarus have become synonymous with the concept of America's welcoming arms to immigrants from all over the world and, by extension, to children born to these immigrants. Since 1868, American constitutional... 2011
Christopher N. Lasch Rendition Resistance 92 North Carolina Law Review 149 (December, 2013) With the number of immigrant deportations setting new records, attention has focused largely on states like Arizona and Alabama, which seem to be competing to pass the harshest anti-immigrant state law provisions. Yet laws like those at issue in Arizona v. United States, seeking to augment or supplement federal immigration enforcement efforts,... 2013
Adrien Katherine Wing Reno V. American-arab Anti-discrimination Committee: a Critical Race Perspective 31 Columbia Human Rights Law Review 561 (Summer, 2000) On January 26, 1987, life changed forever for Michel Shehadeh, a Palestinian who had immigrated to the United States in 1975. [He] and his 3-year old son, Ibrahim, were sleeping at home in Long Beach, Calif., when Shehadeh heard a loud knock. He opened the front door to a man and woman in grey suits. Shehadeh had just applied for naturalization and... 2000
Cynthia Soohoo REPRODUCTIVE JUSTICE AND TRANSFORMATIVE CONSTITUTIONALISM 42 Cardozo Law Review 819 (June, 2021) C1-2Table of Contents Introduction. 820 I. Reproductive Justice. 823 A. Universal Demands, Different Forms of Oppression. 823 B. Tensions between Reproductive Rights and Reproductive Justice. 825 II. History of Reproductive Oppression in the United States. 826 A. Setting the Stage: The Founding. 826 B. Founding to the Civil War: Private... 2021
Lior Jacob Strahilevitz Reputation Nation: Law in an Era of Ubiquitous Personal Information 102 Northwestern University Law Review 1667 (Fall 2008) Introduction. 1668 I. The Reputation Revolution and the Law. 1670 A. Existing Scholarship on Consumer Information and Discrimination. 1675 B. Landlord-Tenant Law. 1677 C. Antidiscrimination Law. 1682 D. Jury Selection. 1688 E. Medical Diagnosis and Treatment. 1695 F. Insurance. 1698 G. Immigration Law. 1699 H. Consumer Protection Law. 1706 II. When... 2008
Mariela Olivares Resistance Strategies in the Immigrant Justice Movement 39 Northern Illinois University Law Review Rev. 1 (Fall, 2018) Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and... 2018
Annie Flanagan Resisting Racialized Immigration Enforcement Through Community Bond Funds 11 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2019) C1-3Table of Contents I. Introduction. 45 II. Immigration Detention. 49 A. Development of the Legal Framework for Immigration Detention. 49 B. The Experience of Immigration Detention. 50 C. Race, Crime, and Enforcement of Immigration Laws. 51 III. The Pretrial Justice Movement. 52 A. Historical Development of the Movement. 53 B. Lessons from... 2019
David A. Martin Resolute Enforcement Is Not Just for Restrictionists: Building a Stable and Efficient Immigration Enforcement System 30 Journal of Law & Politics 411 (Spring 2015) In this essay I defend the importance of resolute enforcement in sustaining generous immigration policy, particularly America's singularly high lawful admission levels and relatively successful immigrant integration record. Drawing on my experiences in government service, I explore the risks to humane policy when the public perceives that migration... 2015
Barbara Macgrady Resort to International Human Rights Law in Challenging Conditions in U.s. Immigration Detention Centers 23 Brooklyn Journal of International Law 271 (1997) Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. . . . Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds. Those words, written by the late... 1997
Angela M. Banks Respectability & the Quest for Citizenship 83 Brooklyn Law Review Rev. 1 (Fall, 2017) Historically, immigration and citizenship law and policy in the United States has been shaped by the idea that certain immigrant populations present a threat to American society. Such ideas justified the Alien and Sedition Acts, the Chinese Exclusion Act, the enactment of new deportation grounds in 1917, and the adoption of national origin quotas... 2017
Kevin R. Johnson Responding to the "Litigation Explosion": the Plain Meaning of Executive Branch Primacy over Immigration 71 North Carolina Law Review 413 (January, 1993) In the October 1991 Term, the United States Supreme Court handed down an unprecedented four immigration decisions. In all four, the Court decided in favor of the Immigration and Naturalization Service. In this Article, Professor Kevin R. Johnson explains and analyzes these recent decisions and considers their implications for future immigration... 1993
Thalia González RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM 113 Journal of Criminal Law and Criminology 541 (Summer, 2023) A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... 2023
Katherine L. Vaughns Restoring the Rule of Law: Reflections on Fixing the Immigration System and Exploring Failed Policy Choices 5 University of Maryland Law Journal of Race, Religion, Gender and Class 151 (Fall, 2005) A properly regulated system of legal immigration is in the national interest of the United States. Such a system enhances the benefits of immigration while protecting against potential harms. As the panelists at a recent symposium on immigration reform noted, all observers of immigration policies agree that the current system is broken and in... 2005
Melissa Keaney, Alvaro M. Huerta Restrictionist States Rebuked: How Arizona V. United States Reins in States on Immigration 3 Wake Forest Journal of Law and Policy 249 (June, 2013) The Supreme Court of the United States' highly anticipated ruling in Arizona v. United States reaffirmed the states' limited ability to take immigration matters into their own hands. The case came to the Court after civil rights groups and the federal government challenged the State of Arizona's omnibus legislation, passed in 2010, which intended... 2013
Ingrid Eagly, Tali Gires, Rebecca Kutlow, Eliana Navarro Gracian RESTRUCTURING PUBLIC DEFENSE AFTER PADILLA 74 Stanford Law Review 1 (January, 2022) Abstract. In the 2010 landmark decision Padilla v. Kentucky, the Supreme Court held that the Sixth Amendment right to counsel demands that criminal defense attorneys inform their clients of adverse immigration consequences that may flow from a guilty plea. Although over a decade has passed since Padilla, astonishingly little is known about how... 2022
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
Nancy Morawetz Rethinking Drug Inadmissibility 50 William and Mary Law Review 163 (October, 2008) Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero-tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It... 2008
Doug Keller Re-thinking Illegal Entry and Re-entry 44 Loyola University Chicago Law Journal 65 (Fall 2012) This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry. Little has been previously written about the historical lineage of either crime, despite the supporting role each has played in... 2012
Peter L. Markowitz RETHINKING IMMIGRATION ENFORCEMENT 73 Florida Law Review 1033 (September, 2021) As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported... 2021
Rachel Bloomekatz Rethinking Immigration Status Discrimination and Exploitation in the Low-wage Workplace 54 UCLA Law Review 1963 (August, 2007) Popular discourse in the U.S. immigration debate often simply asserts that immigrants take jobs that native workers do not want. Though perhaps politically salient, such slogans overlook the complex interaction between employer preferences, immigration, and legal protections. Building on sociological research, this Comment explores the reality that... 2007
Philip L. Torrey Rethinking Immigration's Mandatory Detention Regime: Politics, Profit, and the Meaning of "Custody" 48 University of Michigan Journal of Law Reform 879 (Summer, 2015) Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration... 2015
Nicole Hallett RETHINKING PROSECUTORIAL DISCRETION IN IMMIGRATION ENFORCEMENT 42 Cardozo Law Review 1765 (September, 2021) Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante,... 2021
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
Nancy Morawetz Rethinking Retroactive Deportation Laws and the Due Process Clause 73 New York University Law Review 97 (April, 1998) In 1996 Congress passed two laws, the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which substantially increased the likelihood that permanent residents will be deported from the United States for criminal convictions. The deportation provisions of these 1996 laws... 1998
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