Margo Lindauer , Emily Postman BEYOND NON-VIOLENT OFFENSES: CRIMINAL JUSTICE REFORM AND INTIMATE PARTNER VIOLENCE IN THE AGE OF PROGRESSIVE PROSECUTION 16 Stanford Journal of Civil Rights & Civil Liberties 457 (2021) Intimate partner violence is routinely left out of the public discourse about criminal justice reform. The criminal legal system all too often fails to effectively protect victims from intimate partner violence, although it continues to impose deleterious collateral consequences on defendants. In this Article, we review the platforms and policy... 2021
Monica Ramsy BEYOND THE U VISA AND CARCERAL FEMINIST "CRIMMIGRATION": TRANSFORMING THE VAWA SELF-PETITION TO REMEDY SEXUAL VIOLENCE IN IMMIGRATION DETENTION 45 New York University Review of Law and Social Change 37 (2021) When, and on what terms and conditions, do the experiences of an immigrant survivor of sexual violence matter? On what basis do we, and should we, devise our immigration laws in relation to gender-based violence? In wrestling with these questions, this Article seeks to develop a framework with which to more meaningfully support survivors of sexual... 2021
Khiara M. Bridges BEYOND TORTS: REPRODUCTIVE WRONGS AND THE STATE: BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE REMAKING REPRODUCTION AND THE LAW, BY DOV FOX. NEW YORK: OXFORD UNIVERSITY PRESS, 2019. PP. 265. $44.00 121 Columbia Law Review 1017 (April, 2021) In Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law, Dov Fox schematizes the concept of reproductive negligence (also called reproductive wrongs) into three categories: procreation imposed, procreation deprived, and procreation confounded. This Book Review aims to extend Fox's analysis by looking beyond... 2021
Andrea Galvez BIAS AND IMMIGRATION: A NEW FACTORS TEST TO EXAMINE EXTRINSIC EVIDENCE OF ANIMUS IN IMMIGRATION CASES 71 Emory Law Journal 57 (2021) Courts have historically struggled to consistently consider extrinsic evidence of animus and bias in immigration cases. In two key cases concerning challenges to restrictive immigration policies of the Trump Administration-- Trump v. Hawaii and DHS v. Regents of the University of California--the Supreme Court shied away from considering numerous... 2021
Gabriel J. Chin , Paul Finkelman BIRTHRIGHT CITIZENSHIP, SLAVE TRADE LEGISLATION, AND THE ORIGINS OF FEDERAL IMMIGRATION REGULATION 54 U.C. Davis Law Review 2215 (April, 2021) In accord with the traditional restriction of citizenship of nonwhites, for decades some conservative lawmakers and scholars have urged Congress to deny citizenship to U.S.-born children of unauthorized migrants. For its part, the Trump Administration promised to pursue birthright citizenship reform. The most prominent and compelling argument... 2021
Kevin R. Johnson BRINGING RACIAL JUSTICE TO IMMIGRATION LAW 116 Northwestern University Law Review Online 1 (May 13, 2021) From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... 2021
Audrey E. Martin BUILDING TREATIES INSTEAD OF WALLS: HOW NAFTA AND THE USMCA MAKE THE CASE FOR TREATIES AS THE FUTURE OF U.S. IMMIGRATION POLICY 95 Tulane Law Review 387 (January, 2021) I. Introduction. 387 II. Mexican Immigration to the United States: Now and Then. 390 A. Setting the Scene: Modern U.S.-Mexico Immigration. 391 B. Understanding the Past: The History of U.S. Immigration Law and Mexico. 394 III. Solving the Problem by Treaty: The EU Case Study. 401 A. The EU Model: Exploring the Articles. 403 B. The EU Model:... 2021
Brendan Joseph Pratt CAGES AND COMPENSATORY DAMAGES: SUING THE FEDERAL GOVERNMENT FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 68 UCLA Law Review 288 (May, 2021) The Trump Administration's zero-tolerance, family separation policy tore thousands of children from their parents. Federal law enforcement officers at the border have caged infants and returned traumatized teenagers to parents only after long periods of detention. The government frustrated family reunification efforts, perhaps indefinitely, by... 2021
Vinay Harpalani, J.D., Ph.D. CAN "ASIANS" TRULY BE AMERICANS? 27 Washington and Lee Journal of Civil Rights and Social Justice 559 (Spring, 2021) Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with... 2021
Shayak Sarkar CAPITAL CONTROLS AS MIGRANT CONTROLS 109 California Law Review 799 (June, 2021) The disparate treatment of capital and labor reflects one of globalization's central asymmetries: the law often allows financial capital, but not people, to move freely across borders. Yet scholars have largely neglected the intersection of these two regimes, the legal restrictions on migrants' capital, particularly when the migrants themselves are... 2021
Danielle Kalil CERTIFIED DISASTER: A FAILURE AT THE INTERSECTION OF THE U VISA AND THE CHILD WELFARE SYSTEM 35 Georgetown Immigration Law Journal 513 (Winter, 2021) C1-3Table of Contents L1-2Introduction . L3514 I. U Nonimmigrant Status Offers Protection to Immigrant Victims of Crime. 518 A. Purpose and History of U Nonimmigrant Status. 521 B. How U Nonimmigrant Status Works. 523 C. The Helpfulness Requirement and Law Enforcement Certification. 526 D. Defining Certifying Agency. 529 E. Special Considerations... 2021
Kim Hai Pearson CHILDREN ARE HUMAN 8 Texas A&M Law Review 495 (Spring, 2021) There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (CRC). The mystery of the United States's ultimate reluctance to ratify the CRC, despite the nation's central role in the drafting process, has been... 2021
Dina Gusejnova, London School of Economics CHRISTOPHER CASEY, NATIONALS ABROAD: GLOBALIZATION, INDIVIDUAL RIGHTS, AND THE MAKING OF MODERN INTERNATIONAL LAW, CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2020. PP. 316. $39.99 CLOTH (ISBN 9781108784047). NIMISHA BARTON, REPRODUCTIVE CITIZENS: GENDER, IMMI 39 Law and History Review 401 (May, 2021) These two books constitute an important shift in the historiography of modern citizenship. Christopher Casey looks at the arbitration of individual, group, and corporate claims to protection under international law from the mid-nineteenth to the twenty-first century, whereas Nimisha Barton examines the history of naturalization and citizen rights... 2021
Catherine Powell COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE 33 Yale Journal of Law & Feminism 1 (2021) We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... 2021
Robyn M. Powell CONFRONTING EUGENICS MEANS FINALLY CONFRONTING ITS ABLEIST ROOTS 27 William and Mary Journal of Race, Gender, and Social Justice 607 (Spring, 2021) In September 2020, a whistleblower complaint was filed alleging that hysterectomies are being performed on women at an immigration detention center in alarmingly high rates. Regrettably, forced sterilizations are part of the nation's long-standing history of weaponizing reproduction to subjugate socially marginalized communities. While public... 2021
Joshua J. Schroeder CONSERVATIVE PROGRESSIVISM IN IMMIGRANT HABEAS COURT: WHY BOUMEDIENE v. BUSH IS THE BASELINE CONSTITUTIONAL MINIMUM 45 Harbinger 46 (April 23, 2021) This article opens with a presentation of the six baseline holdings of Boumediene v. Bush as an expression of the basic constitutional minimum required under the Suspension Clause for all habeas cases. Then it describes the Circuit split that gave rise to DHS v. Thuraissigiam, which distinguished Boumediene according to the Court's Conservative... 2021
Ion Meyn CONSTRUCTING SEPARATE AND UNEQUAL COURTROOMS 63 Arizona Law Review 1 (Spring, 2021) Federal reform transformed civil and criminal litigation in the early 1940s. The new civil rules sought to achieve adversarial balance as it afforded litigants, virtually all white, with powerful discovery tools. In contrast, the new criminal rules denied defendants, often litigants of color, any power to discover information. Instead, the new... 2021
Ashley Binetti Armstrong CO-OPTING CORONAVIRUS, ASSAILING ASYLUM 35 Georgetown Immigration Law Journal 361 (Winter, 2021) The Centers for Disease Control (CDC) issued an Order on March 26, 2020, under Title 42, Section 265 of the Public Health Service Act, in the name of combatting the spread of coronavirus. The Order has been called the Asylum Ban because it effectively has sealed the southern border to protection-seekers, resulting in the pushback of nearly... 2021
  CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) 134 Harvard Law Review 1268 (January, 2021) Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... 2021
Laila L. Hlass , Lindsay M. Harris CRITICAL INTERVIEWING 2021 Utah Law Review 683 (2021) Critical lawyering--also at times called rebellious, community, and movement lawyering--attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering... 2021
D. Carolina Núñez DARK MATTER IN THE LAW 62 Boston College Law Review 1555 (May, 2021) Introduction. 1556 I. The Chinese Exclusion Case and Its Progeny: Ordinary Matter in an Extraordinary Immigration Law Universe. 1565 A. The Origins of Immigration Law's Plenary Power Doctrine. 1566 B. Plenary Power and the Constitution After Chinese Exclusion. 1570 1. Plenary Power and Political Opinion. 1571 2. Plenary Power and Gender. 1574 II.... 2021
Angela R. Riley , Kristen A. Carpenter DECOLONIZING INDIGENOUS MIGRATION 109 California Law Review 63 (February, 2021) Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... 2021
Samantha Sherman DEFINING FORCED LABOR: THE LEGAL BATTLE TO PROTECT DETAINED IMMIGRANTS FROM PRIVATE EXPLOITATION 88 University of Chicago Law Review 1201 (September, 2021) Privately run immigration detention facilities allegedly profit from a nation-wide system of forced labor. People detained in these for-profit facilities allege that they are compelled to work--often without pay--under threats of solitary confinement, deprivation of basic necessities, and other serious harms. Advocates have challenged these human... 2021
Christian Vanderhooft DELEGATING IMMIGRATION ADMISSION POWERS TO THE STATES 89 University of Cincinnati Law Review 910 (2021) C1-2Table of Contents Introduction. 911 I. The Current Immigration System and Its Flaws. 914 A. An Overview. 915 B. Permanent Visas. 916 1. Visa Allocations. 916 2. Visa Requirements. 921 C. Temporary Visas. 925 II. The Proposal. 927 A. Permanent Visas. 928 B. Temporary Visas. 931 C. Other Practical Considerations. 932 1. What Role Would the... 2021
Bijal Shah DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY 116 Northwestern University Law Review Online 244 (October 29, 2021) The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... 2021
Rosa Nielsen DEPORTATION AND DEPRAVITY: DOES FAILURE TO REGISTER AS A SEX OFFENDER INVOLVE MORAL TURPITUDE? 78 Washington and Lee Law Review 1157 (Summer, 2021) Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for crimes involving moral turpitude, or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple... 2021
Lindsay Nash DEPORTATION ARREST WARRANTS 73 Stanford Law Review 433 (February, 2021) The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment,... 2021
Nicholas Loh DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY 48 Fordham Urban Law Journal 1331 (October, 2021) Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... 2021
E. Tendayi Achiume DIGITAL RACIAL BORDERS 115 AJIL Unbound 333 (2021) It is the core and intended function of borders to discriminate. Descriptively, their purpose is to differentiate or distinguish among different categories of persons, sorting those who may enter and belong from those who may not. But it is also a core function of modern borders to discriminate in the normatively prejudicial sense--they allocate... 2021
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