| Author | Title | Citation | Summary | Year |
| Jeremy Rabkin |
NOT AN APARTHEID STATE, A DEFAMED STATE |
47 Fordham International Law Journal 617 (September, 2024) |
I. INTRODUCTION. 617 II. A CRIME WITH ONLY ONE LOCUS. 619 III. SECURITY MEASURES MUST BE JUDGED IN CONTEXT. 623 IV. NOT ALL SEPARATION IS APARTHEID. 628 V. ISRAELI NATIONALITY IS NOT A RACE. 632 VI. CONCLUSION. 634 |
2024 |
| Amanda Frost |
PARADOXICAL CITIZENSHIP |
65 William and Mary Law Review 1177 (April, 2024) |
C1-2Table of Contents Introduction. 1178 I. The Birth of Birthright Citizenship. 1181 A. The Civil Rights Act of 1866. 1182 B. The Fourteenth Amendment's Citizenship Clause. 1185 II. The Paradox of Universal Birthright Citizenship and Racially Exclusive Naturalization. 1187 A. Political Battles. 1188 B. Legal Battles. 1189 C. Immigration Battles.... |
2024 |
| Jessica Rofé |
PERIPHERAL DETENTION, TRANSFER, AND ACCESS TO THE COURTS |
122 Michigan Law Review 867 (March, 2024) |
In the last forty years, immigration detention in the U.S. has grown exponentially, largely concentrated in the southern states and outside of the country's metropoles. In turn, federal immigration officials routinely transfer immigrants from their communities to remote jails and prisons hundreds, if not thousands, of miles away, often in... |
2024 |
| Charles D. Curran |
PERSONAL DATA & VACCINATION HESITANCY: COVID-19'S LESSONS FOR PUBLIC HEALTH FEDERALISM |
73 Catholic University Law Review 1 (Spring, 2024) |
During the COVID-19 vaccination campaign, the federal government adopted a more centralized approach to the collection of public health data. Although the states previously had controlled the storage of vaccination information, the federal government's Operation Warp Speed plan required the reporting of recipients' personal information on the... |
2024 |
| Michel Rosenfeld |
PLURALIST JUSTICE AND LIBERAL CONSTITUTIONALISM: A REPLY TO CRITICS |
45 Cardozo Law Review 1861 (August, 2024) |
C1-2Table of Contents Introduction. 1862 I. The Constituent Power and Political Versus Constitutional Theology. 1866 II. Competing Conceptions of the Justice Minima Confront the Justice Essentials. 1871 III. Disentangling Comprehensive Pluralism from Rawls's Political Liberalism. 1874 IV. Comprehensive Pluralism Confronts Challenges from the Global... |
2024 |
| Bertrall L. Ross II, University of Virginia School of Law, Charlottesville, Virginia, USA; email: bross@law.virginia.edu |
POLARIZATION, POPULISM, AND THE CRISIS OF AMERICAN DEMOCRACY |
20 Annual Review of Law and Social Science 293 (2024) |
democracy, populism, polarization, inequality American democracy is in crisis. The emergence of affective polarization and populism has contributed to a divided America in which both sides perceive every election as an existential threat to their ways of life, values, and democracy itself. Central features of liberal democracy, including the right... |
2024 |
| Alex MacDonald |
POLITICAL UNIONS, FREE SPEECH, AND THE DEATH OF VOLUNTARISM: WHY EXCLUSIVE REPRESENTATION VIOLATES THE FIRST AMENDMENT |
22 Georgetown Journal of Law & Public Policy 229 (Winter, 2024) |
C1-2Table of Contents Introduction. 229 I. Exclusivity and Its Discontents. 238 A. The Origins of Exclusivity. 238 B. Challenges to Exclusivity. 241 C. The Bargaining Politics Distinction. 244 D. Janus Opens the Door. 247 E. The Missing Lawsuit: Exclusivity and Politics in the Private Sector. 250 II. The Emergence of Political Unions. 251 III.... |
2024 |
| Mohammad Hasan |
POLITICS OF RECOGNITION AND INDIGENOUS PEOPLES IN BANGLADESH |
30 Southwestern Journal of International Law 126 (2024) |
L1-2Abstract . L3127 L1-2Introduction . L3128 I. Indigenous Peoples: From Past to Present. 131 II. Methodology. 137 III. Who Are Indigenous Peoples?. 139 A. Debates Over Identifying and Defining Indigenous Peoples. 139 B. Defining Indigenous Peoples Under International Law. 145 IV. The Test of Indigeneity in Bangladesh. 149 A. Self-Identification... |
2024 |
| Jayesh Rathod |
PRESSURED EXIT |
98 Tulane Law Review 805 (May, 2024) |
This Article upends the traditional framing of the United States as a migrant-receiving country by examining a growing category of emigrant outflows: U.S. citizens who have been compelled to depart permanently because of conditions of vulnerability. Eschewing use of the generic term expatriate, this Article contends that these U.S. citizens are... |
2024 |
| |
PROSECUTORIAL DISCRETION |
53 Georgetown Law Journal Annual Review of Criminal Procedure 257 (2024) |
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 the accused has committed an offense, the decision to prosecute is within the prosecutor's... |
2024 |
| Henry L. Chambers, Jr. |
PROTECTING MINORITY REPRESENTATION IN AN ERA OF POLITICAL POLARIZATION AND THE HOLLOWING OUT OF VOTING RIGHTS PROTECTIONS |
81 Washington and Lee Law Review 1047 (Summer, 2024) |
The United States Supreme Court has hollowed out various voting rights protections, leaving all voters--minority and nonminority--less protected in a politically polarized America. Surprisingly, the Court has continued to protect representation for minority race voters who live in racially polarized areas. However, minority race voters risk losing... |
2024 |
| Pedro Gerson |
PUNITIVE LEGAL IMMIGRATION |
112 Kentucky Law Journal 331 (2023-2024) |
Table of Contents. 331 Abstract. 332 Introduction. 332 I. Legal Immigration: A Sketch. 337 A. Immediate Relatives (Family Based Migrants Group A). 339 B. Other Relatives (Family Based Migrant Group B). 340 C. Employment-Sponsored Migrants. 341 D. Protected Migrants. 343 E. Other Statuses. 348 II. The Collateral Consequences of Legal Immigration.... |
2024 |
| Michael P. Goodyear |
QUEER TRADEMARKS |
2024 University of Illinois Law Review 163 (2024) |
LGBTQ+ slurs can now be registered as federal trademarks. The U.S. Supreme Court's decisions in Matal v. Tam and Iancu v. Brunetti permitted federal registration of disparaging, immoral, or scandalous trademarks. Appellee Simon Tam cheered, hoping that these decisions would usher in a new era of minority communities reappropriating offensive terms... |
2024 |
| Natsu Taylor Saito, Georgia State University |
RACE AND NATIONAL SECURITY. EDITED BY MATIANGAI V. S. SIRLEAF. NEW YORK: OXFORD UNIVERSITY PRESS, 2023. PP. XII, 263. INDEX |
118 American Journal of International Law 586 (July, 2024) |
National security has become normalized--a touchstone invoked to justify governmental policies and fiscal decision making. It represents power exerted over virtually every aspect of our lives. We argue about whether this measure or that expenditure is necessary but the meaning of the construct itself is often presumed rather than interrogated. What... |
2024 |
| Melda Gurakar |
RACE, DISABILITY, AND POLICE MISCONDUCT: A DISCRIT APPROACH TO PRIVACY LAW AND THE KILLINGS OF RYAN GAINER AND SONYA MASSEY |
124 Columbia Law Review Forum 221 (12/2/2024) |
In March 2024, police killed Ryan Gainer, a Black teenager with autism, in his California home after his family sought help during a behavioral crisis. Several months later, police killed Sonya Massey, a Black woman experiencing a mental health crisis, in her Illinois home. This Comment examines the failure of U.S. privacy law to protect disabled... |
2024 |
| Sabrina A. Ochoa |
RACE, RELIGION, AND RECONCILIATION: BUILDING A MOSAIC OF LATINE FAITH FROM THE MARGINS |
14 University of Miami Race & Social Justice Law Review 123 (Spring, 2024) |
Cristo anduvo por ti, mas también lo hizo Pan. Expressed cogently by Anzaldúa in Borderlands/La Frontera, the spaces in-between cultures are often filled with ambiguity, contradiction, and negotiation. These processes are continuously replicated in the history and construction of Latinidad across the United States and Latin America. Religion - as... |
2024 |
| Jeremy Bearer-Friend |
RACE-BASED TAX WEAPONS |
14 UC Irvine Law Review 1067 (October, 2024) |
In the United States, the term poll tax often refers to a very specific tactic of white supremacy: the use of tax policy to prevent voting by Black citizens. While poll tax is an accurate descriptor of these taxes, poll taxes have a much more expansive history within the twentieth century. Following in the rich tradition of comparative tax... |
2024 |
| Sahar Aziz |
RACING RELIGION IN THE PALESTINE-ISRAEL DISCOURSE |
118 AJIL Unbound 118 (2024) |
Race is a Western political project. Religious freedom is a Christian political project. The linkages between the two enabled European nations and their settlers across the globe to condemn natives, slaves, and non-European immigrants to inferior status, and in turn legalize control of their lands and bodies. The consequent race-religion systems of... |
2024 |
| Bennett Capers , Gregory Day |
RECONSTRUCTION, AND THE UNFULFILLED PROMISE OF ANTITRUST |
109 Minnesota Law Review 341 (November, 2024) |
Wealth inequality remains as wide, and as troubling, as it was a half-century ago. While scholars have offered various explanations, there is a contributor that has escaped serious scrutiny: state monopoly power. It is not just that there is a long history of states and municipalities using their monopoly power to protect dominant interests, from... |
2024 |
| Benjamin Levin , Kate Levine |
REDISTRIBUTING JUSTICE |
124 Columbia Law Review 1531 (June, 2024) |
This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives' continued support for the carceral system. Despite progressives' increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal... |
2024 |
| Rosário Frada |
REFUGEE IDENTITIES AT THE MERCY OF LEGAL DETERMINATION |
68 Saint Louis University Law Journal 367 (Winter, 2024) |
The Refugee Status Determination process bears immediate repercussions not only on the formulation of refugee narrative identities, but on how asylum-seekers construct their very sense of self alongside their relationship to their past and future. Yet, International Refugee Law provides no guidance over status determination procedures, establishing... |
2024 |
| Joseph Berra, S. Priya Morley |
REIMAGINING RIGHTS IN THE AMERICAS |
28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) |
C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... |
2024 |
| Paula A. Monopoli |
REMEMBERING THE ORIGINS OF MODERN LEGAL EDUCATION |
85 University of Pittsburgh Law Review 305 (Winter, 2024) |
American legal education came under tremendous pressure in the wake of the 2008 financial crisis. That crisis precipitated a decline in law school applications and a concomitant decrease in the size of American law school enrollments during the 2011-2012 academic year. Commentators offered a myriad of proposals for reforming legal education during... |
2024 |
| Eric K. Yamamoto , Hanna Wong Taum |
REPARATIONS DELAYED: JAPANESE LATIN AMERICANS AND THE UNITED STATES' WWII HUMAN RIGHTS TRANSGRESSIONS |
31 Asian American Law Journal 3 (2024) |
On the basis of determinations of fact and law, the Inter-American Commission concluded that the [United States] is responsible for the violation of articles II (equality before the law) and XVII (fair trial and effective remedy) of the American Declaration of the Rights and Duties of Man .. --The Inter-American Commission on Human Rights April... |
2024 |
| Amanda Frost |
REPARATIVE CITIZENSHIP |
65 William and Mary Law Review 651 (February, 2024) |
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender,... |
2024 |
| Isabel Jones |
REPRODUCTIVE CONTROL AS A CARCERAL TOOL OF THE STATE - UNDERSTANDING EUGENICS IN A POST-ROE SOCIETY |
112 California Law Review 969 (June, 2024) |
The government has used reproductive control as a carceral tool for centuries, especially against women of color. While scholars anticipate the overturn of Roe v. Wade will exacerbate state surveillance and control over pregnancy, the current pro-choice rhetoric neglects the state's history of policing reproduction through forced sterilization... |
2024 |
| Eric S. Fish |
RESISTING MASS IMMIGRANT PROSECUTIONS |
133 Yale Law Journal 1884 (April, 2024) |
Over the last two decades, U.S. courts have convicted hundreds of thousands of Latin American defendants for misdemeanor immigration crimes. This has mostly happened through a federal program called Operation Streamline. In that program, immigrants are convicted without any semblance of due process. They are charged with the crime of entering the... |
2024 |
| Farhang Heydari |
RETHINKING FEDERAL INDUCEMENT OF PRETEXT STOPS |
2024 Wisconsin Law Review 181 (2024) |
Few topics in policing have received more attention than pretextual traffic stops--traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded... |
2024 |
| Joshua J. Schroeder |
RETHINKING RIGHTS IN A DISAPPEARING PENUMBRA: HOW TO EXPAND UPON REPRODUCTIVE RIGHTS IN COURT AFTER DOBBS |
54 New Mexico Law Review 15 (Winter, 2024) |
In 2022, Dobbs v. Jackson Women's Health Org. overruled Roe v. Wade and Planned Parenthood v. Casey. The Dobbs Court suggested that future cases should similarly overrule other judicially protected rights including the right to marry interracially, to access contraceptives, and to have sex the way you like. The novel grounds Dobbs used to overrule... |
2024 |
| Ahilan T. Arulanantham |
REVERSING RACIST PRECEDENT |
112 Georgetown Law Journal 439 (March, 2024) |
The Supreme Court has long read the Constitution to prohibit state action motivated by racial animus. Courts have applied that prohibition to various forms of governmental decisionmaking, from the individual decisions of judicial officers to constitutional amendments enacted by states. Yet courts have not applied it to their own precedent. No... |
2024 |
| Catherine Yenne |
REVIVING THE ALIEN TORT STATUTE: A ROADMAP TO RECOVERY FOR ASYLUM SEEKERS SUFFERING THE HARM OF REFOULEMENT |
60 Idaho Law Review 207 (2024) |
Envision a young family--two parents and five children--fleeing extortion, sexual assaults, and death threats in their home country of Guatemala. They leave Guatemala and travel through Mexico in search of safety in the United States. While in Mexico, they are robbed, assaulted again, and threatened at gun point. Terrified of the harm they... |
2024 |
| |
RIGHT TO A JURY TRIAL |
53 Georgetown Law Journal Annual Review of Criminal Procedure 653 (2024) |
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... |
2024 |
| Iva Petkova |
SAFE HARBOR: REFORMING THE U.S. ASYLUM SYSTEM TO BETTER PROTECT DOMESTIC VIOLENCE SURVIVORS |
47 New York University Review of Law and Social Change 423 (2024) |
The world is facing a growing epidemic of violence against women, with millions of women and girls facing physical, sexual, and psychological harm by their intimate partners. Often, women have no legal recourse or avenues for protection in their home countries, so every year, thousands of domestic violence survivors flee to seek shelter in the... |
2024 |
| Ava Ayers |
SANCTUARY WITHOUT RESISTANCE |
28 Lewis & Clark Law Review 1 (2024) |
Activist movements that embrace the idea of sanctuary for noncitizens are rich with narratives of resistance. These narratives vary; some sanctuary advocates pursue resistance only to specific federal immigration policies, while others offer more radical critiques that challenge the very legitimacy of U.S. immigration law. But when local and state... |
2024 |
| Jonathan Liljeblad |
SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT |
27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) |
The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... |
2024 |
| Annie Isabel Fukushima , Jens Nilson, Kaden Richards |
SEEING RACE & SEXUALITY: CHILD WELFARE & FORCED LABOR |
77 Arkansas Law Review 283 (2024) |
In 2021, California couple Nery Martinez Vasquez and Maura Martinez made headline news after pleading guilty to conspiracy to commit forced labor for forcing a Guatemalan relative and her two daughters to work long hours under poor conditions. They kept the girls out of school with threats that they would be deported. Vasquez and Martinez... |
2024 |
| London Jones |
SEEKING ASYLUM SOMEWHERE OVER THE RAINBOW: THE LONG-TERM EFFECT OF SOUTHERN BORDER RESTRICTIONS UPON LGBTQ+ ASYLUM SEEKERS |
48 Seton Hall Journal of Legislation & Public Policy 773 (2024) |
I. Introduction. 773 II. Background: From Boutilier to Biden, the Generational Disdain Towards Queer Immigration. 775 A. History of LGBTQ+ Immigration and Asylum. 776 B. The Transformation of Title 42. 781 C. New Administration, Same Old Anti-Asylum Sentiment. 784 III.Analysis: The Powerless, The Powerful, and a Plea for Protection. 786 A. Border... |
2024 |
| Saloni S. Jaiswal |
SEEKING THE DIVINE: A PROPOSED METHODOLOGY OF RELIGION TO RESOLVE ADJUDICATIONS OVER THE NEXUS INQUIRY IN RELIGIOUS ASYLUM CLAIMS |
2024 University of Chicago Legal Forum 481 (2024) |
What is religion, and should immigration courts seek to define religion in the context of asylum claims? Under the Immigration and Nationality Act (INA), individuals who have experienced past persecution or fear future persecution because of their religious beliefs can apply for asylum in the United States. Although individuals are afforded these... |
2024 |
| Ayelet Shachar |
SEVERING THE GORDIAN KNOT OF SOVEREIGNTY AND MIGRATION CONTROL |
118 AJIL Unbound 188 (2024) |
The claim that states have an unfettered sovereign right to control their borders and exclude non-citizens from their territory is accepted everywhere without contestation. Yet it is anything but a self-evident truth. While taken for granted today, the assumption that control over migration is the last bastion of sovereignty represents a radical... |
2024 |
| Rosa S. Felibert |
SHOPPING ON THIN ICE: VENUE LIMITS ON ICE DETENTION TRANSFERS TO PREVENT FORUM SHOPPING |
65 Boston College Law Review 1099 (March, 2024) |
Abstract: U.S. Immigration and Customs Enforcement (ICE), the federal agency that manages the world's largest civil immigration detention system, transfers hundreds of detained noncitizens to different detention centers every day at its sole discretion and for any reason, typically without advising the noncitizen's counsel or family. This unchecked... |
2024 |
| Katie Cantone-Hardy |
SHOULDN'T ALL ASYLUM BE "HUMANITARIAN"? A CASE FOR MERGING TRADITIONAL AND HUMANITARIAN ASYLUM AND ELIMINATING THE PARTICULAR SOCIAL GROUP |
92 George Washington Law Review 908 (August, 2024) |
Asylum law in the United States faces near-constant critique. The membership in a particular social group eligibility category is one of its persistent thorns. Faced with a lack of legislative instruction on what particular social group (PSG) means, asylum adjudications of PSG claims have been chronically disjointed. Perhaps the only... |
2024 |
| Yvette Butler |
SILENCING THE SEX WORKER |
71 UCLA Law Review 726 (September, 2024) |
This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form... |
2024 |
| Joshua J. Schroeder |
SINGING THE FORCE OF THE IMAGINATION: HOW TO WONDER ABOUT THE EMOTIONAL-REPORTAGE IN IMMIGRATION ADVOCACY |
21 UC Law Journal of Race and Economic Justice 1 (February, 2024) |
In the years leading up to July 4, 1776, Phillis Wheatley bid the imaginations of the American Revolutionaries to spring open by shouting: Imagination! Who can sing thy force? Wheatley defined the imagination as the leader of the mental train, and, according to Ciceronian principles, she demonstrated that the imagination is the singular... |
2024 |
| Alvin Padilla-Babilonia |
SOVEREIGNTY AND DEPENDENCE IN THE AMERICAN EMPIRE: NATIVE NATIONS, TERRITORIES, AND OVERSEAS COLONIES |
73 Duke Law Journal 943 (February, 2024) |
What justifies plenary powers over Native nations, U.S. territories, and overseas colonies? One answer is the text of the Constitution: the Indian Commerce Clause or the Territorial Clause. Another answer is sovereignty under international law. In this Article, I argue that these legalistic explanations overlook a third answer: that political and... |
2024 |
| Nermeen Arastu, Qudsiya Naqui |
STANDING ON OUR OWN TWO FEET: DISABILITY JUSTICE AS A FRAME FOR REIMAGINING OUR ABLEIST IMMIGRATION SYSTEM |
71 UCLA Law Review 236 (April, 2024) |
Ableism forms the scaffolding of our immigration laws, policies, and practices, but the operation of this pervasive form of exclusion has been grossly unacknowledged and understudied until now. In 1882, Congress first codified the exclusion of defective bodies by declaring that, any lunatic, idiot, or any person unable to take care of himself or... |
2024 |
| Melissa Murray |
STARE DECISIS AND REMEDY |
73 Duke Law Journal 1501 (April, 2024) |
Much ink has been spilled on the Roberts Court's approach to stare decisis and precedent. Such commentary is hardly surprising. In just the last five years, the Court has overruled extant precedents on issues that range from abortion and jury convictions to property rights and public unions. It has also substantially narrowed and limited existing... |
2024 |
| Dimitry V. Kochenov |
STATELESSNESS: A RADICAL RETHINKING OF THE DOMINANT CITIZENISM PARADIGM |
20 Annual Review of Law and Social Science 117 (2024) |
statelessness, citizenism, citizenship, UNHCR, UN High Commissioner for Refugees, nationality A new approach to statelessness has emerged in the literature on the topic. Taking citizenism as a starting point and pioneered by Swider and Bloom, this approach offers a completely fresh paradigm for studying and understanding the statelesseness... |
2024 |
| Darryll K. Jones |
STOCHASTIC TERRORISM, SPEECH INCANTATIONS AND FEDERAL TAX EXEMPTION |
54 New Mexico Law Review 69 (Winter, 2024) |
Stochastic terrorists demonize and dehumanize groups of people through propaganda to incite lone wolf violence against those groups. Their demonization and dehumanization is explicit, but their solicitation of murder and violence is implicit and sufficiently ambiguous that most listeners will not perceive the solicitation. But a few will... |
2024 |
| Heide Castañeda |
STRUGGLES AND TRIUMPHS: AMAZIGH CONSTITUTIONAL CLAIMS AND BUREAUCRATIC DISENTITLEMENT IN MOROCCO |
32 Michigan State International Law Review 25 (2024) |
The term Amazigh refers to Indigenous people of North Africa; Imazighen (free people) is the plural. Colonialism, state oppression, and Arabization policies have suppressed Amazigh culture across history; today, through a series of struggles and triumphs, their cultural and linguistic rights are becoming variably recognized. This article uses... |
2024 |
| Zamir Ben-Dan |
SUPREME MIRAGE: CLARENCE THOMAS'S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM |
87 Albany Law Review 183 (2023-2024) |
C1-2Table of Contents Introduction. 184 I. Justice Thomas's Attempt to Disconnect Race from the Meaning of the Fourteenth Amendment. 186 A. The Text of the Fourteenth Amendment. 187 B. Statutes and Legislative History. 188 C. Supreme Court Cases. 193 II. Justice Thomas's Response to Actual Originalist History. 196 A. Justice Thomas's Own Claims.... |
2024 |