Cristina Isabel Ceballos, David Freeman Engstrom, Daniel E. Ho DISPARATE LIMBO: HOW ADMINISTRATIVE LAW ERASED ANTIDISCRIMINATION 131 Yale Law Journal 370 (November, 2021) Administrative law has a blind spot. It is blackletter doctrine that an agency's failure to consider the impacts of its conduct can lead to court invalidation of its decision as arbitrary and capricious. Judges have set aside agency action for failures to consider differential impacts on subgroups of business owners, park visitors, and animals. Yet... 2021
Elizabeth A. Keyes DURESS IN IMMIGRATION LAW 44 Seattle University Law Review 307 (Winter, 2021) C1-2Contents Introduction. 308 I. The Duress Doctrine's Landscape and Justifications. 312 A. Theoretical Bases for the Duress Defense. 313 B. Duress and Culpability in Domestic Criminal Law. 316 1. Defining Duress. 316 2. When Duress Matters in the Criminal Legal System. 320 C. Duress and Culpability in International Law. 320 1. International... 2021
John Reynolds EMERGENCY AND MIGRATION, RACE AND THE NATION 67 UCLA Law Review 1768 (April, 2021) Europe's borders are racial borders. The European Union's external border regime underpins continuing forms of European imperialism and neocolonialism. It reinforces a particular imaginary of Europeanness as whiteness, euphemistically dressed up as a European Way of Life to be protected. It nonetheless sits comfortably within the permissible... 2021
Shannon Gleeson , Kati L. Griffith EMPLOYERS AS SUBJECTS OF THE IMMIGRATION STATE: HOW THE STATE FOMENTS EMPLOYMENT INSECURITY FOR TEMPORARY IMMIGRANT WORKERS 46 Law and Social Inquiry 92 (February, 2021) The state plays a key role in shaping worker precarity, and employers are key actors in mediating this process. While employers sometimes may act as willing extensions of the deportation machinery, they are also subjects of the immigration state. In this article, we highlight the impact of state-employer dynamics on migrant workers with Temporary... 2021
Beenish Riaz ENVISIONING COMMUNITY PARALEGALS IN THE UNITED STATES: BEGINNING TO FIX THE BROKEN IMMIGRATION SYSTEM 45 New York University Review of Law and Social Change 82 (2021) For decades, immigrants have been unable to access justice in the United States. The country has consistently failed to meet its international and domestic due process obligations. Given that universal representation for all immigrants is impractical, this Article posits a new strategy. It calls for legal empowerment, and in particular, the... 2021
Gracen Eiland ERASING RACE: THE ROLE OF REPUBLICANISM AND RACISM IN FRENCH CONSTITUTIONAL JURISPRUDENCE 35 Temple International and Comparative Law Journal 167 (Summer, 2021) In the summer of 2018, France's parliament voted to remove the word race from the country's constitution in an effort to pursue its colorblind approach to combatting racism. Traditional French secularism stresses the non-existence of race, but by refusing to acknowledge race, France also refuses to acknowledge the reality of racism within its... 2021
Wendy E. Parmet EXCLUDING NON-CITIZENS FROM THE SOCIAL SAFETY NET 49 Georgia Journal of International and Comparative Law 525 (Summer, 2021) I want to begin by offering many thanks to Professor Weeks, Sarah Quinn, and the students on the Georgia Journal of International and Comparative Law. Thank you for organizing this terrific and timely conference. I am honored to speak to you today and be a part of this formidable panel. In my brief time, I want to discuss how the exclusion of... 2021
Alessandra N. Rosales EXCLUDING 'UNDESIRABLE' IMMIGRANTS: PUBLIC CHARGE AS DISABILITY DISCRIMINATION 119 Michigan Law Review 1613 (May, 2021) Public charge is a ground of inadmissibility based upon the likelihood that a noncitizen will become dependent on government benefits in the future. Once designated as a public charge, a noncitizen is ineligible to be admitted to the United States or to obtain lawful permanent residence. In August 2019, the Trump Administration published a... 2021
Jennifer Lee Koh EXECUTIVE DEFIANCE AND THE DEPORTATION STATE 130 Yale Law Journal 948 (February, 2021) A basic assumption in our legal system is that once a federal court issues an order, the government will obey. But the validity of that assumption has been tested over the years, including in the immigration context, and for reasons both related to and separate from the identity of the President. Indeed, understanding the government's... 2021
John Zens FACE IT: ONLY CONGRESS CAN PRESERVE PRIVACY FROM THE PERVASIVE USE OF FACIAL RECOGNITION TECHNOLOGY BY POLICE 58 San Diego Law Review 143 (February-March, 2021) C1-2Table of Contents I. Introduction. 144 II. How FRT Functions and Law Enforcement's Use of Biometric Identifiers. 152 A. FRT Basics. 152 1. Biometrics. 152 2. How FRT Works. 153 3. FRT Shortcomings & Criticisms. 153 B. Law Enforcement's Compilation of Biometric Data. 158 1. The FBI's Biometric Identification Data and Systems. 158 2. State DMV... 2021
Ernesto Sagás , Ediberto Román FEAR, LOATHING, AND THE HEMISPHERIC CONSEQUENCES OF XENOPHOBIC HATE 29 University of Miami International and Comparative Law Review 1 (Fall, 2021) When you have fifteen thousand people marching up . how do you stop these people? You shoot them [crowd member shouts] [chuckling, Trump responds:] [O]nly in the Panhandle can you get away with that thing. President Donald Trump Thousands of criminal aliens. They're pouring into our country. President Donald Trump They're not people, these... 2021
Jessica A. Shoemaker FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE 119 Michigan Law Review 1695 (June, 2021) Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... 2021
Rachel L. Zacharias FEWER OF WHOM? CLIMATE-BASED POPULATION POLICIES INFRINGE MARGINALIZED PEOPLE'S REPRODUCTIVE AUTONOMY 25 University of Pennsylvania Journal of Law and Social Change 81 (2021) Changes to the earth's climate will create the most severe ecological, economic, and health crisis in modern history. Responding to evidence linking population growth to increased greenhouse gas emissions, some climate scientists have proposed policies to help reduce individuals' and populations' reproduction. This paper urges caution... 2021
Eric K. Yamamoto , Susan K. Serrano FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE 92 University of Colorado Law Review 1383 (Special Issue 2021) Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... 2021
Cristina M. Rodríguez FOREWORD: REGIME CHANGE 135 Harvard Law Review 1 (November, 2021) C1-2CONTENTS Introduction. 2 I. Elements of Regime Change. 11 A. Switching Sides. 16 1. Enlisting the Court. 18 2. The Interests of the United States. 32 B. A New Order. 40 1. The Legal Regime. 41 2. The Bureaucracy. 48 II. In Defense of Power. 58 A. Asserting Power. 63 1. Democracy and Social Welfare. 63 2. Presidential and Political Control. 70... 2021
Jillian Blake FRAGILE IMMIGRATION LEGALITY COLLAPSES IN THE TRUMP ERA 30 Southern California Interdisciplinary Law Journal 305 (Winter 2021) People often think of immigration legality in black and white terms--immigrants are documented or undocumented; they are present legally or illegally. There has long been, however, a significant gray area of quasi-legality in the U.S. immigration system. This gray area expanded for decades due to diverging policies of the executive and... 2021
Robert Costello FRONT OF THE HOUSE, BACK OF THE HOUSE: RACE AND INEQUALITY IN THE LIVES OF RESTAURANT WORKERS BY ELI REVELLE YANO WILSON 36-SUM Criminal Justice 39 (Summer, 2021) NYU Press, December 2020, 9781479800612 Eli Revelle Yano Wilson is an Assistant Professor of Sociology at the University of New Mexico, where his research interests include race and ethnicity, labor, immigration, and labor. His work shows how inequality is reproduced and challenged within workforces. Born and raised in Hawaii, Eli completed his... 2021
Gilbert Alexander Cotto-Lazo GIVE ME YOUR TIRED, YOUR POOR, YOUR HUDDLED MASSES: AN OVERVIEW OF THE IMMIGRATION SYSTEM AND CHEVRON DEFERENCE 99 Oregon Law Review 419 (2021) Introduction. 420 I. History and Current Structure of U.S. Immigration System. 422 A. The United States' Backyard: A Backdrop of U.S. Policy Toward Latin America. 422 B. U.S. Immigration History and Current Structure. 424 C. Refugee Definition and Asylum Procedure. 426 D. Erosion of Procedural Protections for Asylees. 428 1. Expedited Removal. 428... 2021
Elie Peltz GIVING VOICE TO THE SILENCED: THE POWER ACT AS A LEGISLATIVE REMEDY TO THE FEARS FACING UNDOCUMENTED EMPLOYEES EXERCISING THEIR WORKPLACE RIGHTS 54 Columbia Journal of Law and Social Problems 503 (Spring, 2021) Undocumented workers in the United States number nearly eight million and are key contributors to major industries and regional economies across the country. Yet undocumented workers often hesitate to report labor law violations due to the fear of making themselves known to immigration authorities. In recent years, employers have felt emboldened to... 2021
Erik Bleich, Sylvia Al-Mateen HATE SPEECH AND THE EUROPEAN COURT OF HUMAN RIGHTS: IDEAS AND JUDICIAL DECISION-MAKING 29 Michigan State International Law Review 179 (2021) The rise in racism, xenophobia, and other forms of stigmatization increasingly challenges European countries to draw an explicit line between legally protected free speech and prohibited hate speech. The European Court of Human Rights is the highest court responsible for defining this boundary for the forty-seven member states of the Council of... 2021
Ndjuoh MehChu HELP ME TO FIND MY CHILDREN: A THIRTEENTH AMENDMENT CHALLENGE TO FAMILY SEPARATION 17 Stanford Journal of Civil Rights & Civil Liberties 133 (February, 2021) The Trump Administration's forced separation of migrant families at the U.S.-Mexico border is an international fault line in the global human rights framework. The scope, severity, and urgency of the issue speak clearly to the need for a diversity of strategies to protect migrant groups. With that in mind, this Article draws attention to a thus-far... 2021
Andrea Barrientos HERE STOOD MY DREAMING TREE: A PROPOSAL TO REFORM NON-LPR CANCELLATION OF REMOVAL TO BRING UNDOCUMENTED IMMIGRANTS OUT OF THE SHADOWS 27 Cardozo Journal of Equal Rights & Social Justice 535 (Spring, 2021) C1-2Table of Contents I. Introduction. 536 II. Immigration legislation in the United States. 545 A. The Immigration Act of 1891, the Immigration Act of 1924 and the Alien Registration Act of 1940. 545 B. The Immigration and Nationality Act. 546 C. The Immigration Reform and Control Act. 548 1. Legalization Program. 549 2. Employer Sanctions. 550 D.... 2021
Sara K. Rankin HIDING HOMELESSNESS: THE TRANSCARCERATION OF HOMELESSNESS 109 California Law Review 559 (April, 2021) Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... 2021
Darin E.W. Johnson HOMEGROWN AND GLOBAL: THE RISING TERROR MOVEMENT 58 Houston Law Review 1059 (Spring, 2021) White supremacist terrorism is a rising threat that has been overlooked by national security authorities as a global threat, even though white supremacist terrorism now surpasses Al Qaeda- and ISIS-associated terrorism in the scope and impact of its destructiveness in the United States. White supremacist terrorism has been viewed exclusively as... 2021
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Georgia State University Law Review 1139 (Summer, 2021) Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the... 2021
Pedro Gerson IMMIGRATION DETENTION AS AN OBSTACLE TO DECARCERATION 58 San Diego Law Review 535 (August-September, 2021) C1-2Table of Contents 535 I. Introduction. 536 II. Incarceration in the United States. 543 A. The Push Against Criminal Incarceration. 543 B. The Rise of Immigration Detention in the United States. 553 III. Can the Immigrant Replace the Inmate?. 556 A. The Role of Crimmigration. 557 B. The Possibility of Increasing Immigration Detention.... 2021
Kevin R. Johnson IMMIGRATION LAW LESSONS FROM DEPORTED AMERICANS: LIFE AFTER DEPORTATION TO MEXICO 50 Southwestern Law Review 305 (2021) The last few years saw deeply troubling developments in U.S. immigration law and enforcement. The Obama administration annually removed hundreds of thousands of noncitizens from the United States, which earned the President the unflattering nickname of Deporter in Chief. After making immigration enforcement the cornerstone of his 2016... 2021
Shalini Bhargava Ray IMMIGRATION LAW'S ARBITRARINESS PROBLEM 121 Columbia Law Review 2049 (November, 2021) Despite deportation's devastating effects, the Immigration and Nationality Act (INA) specifies deportation as the penalty for nearly every immigration law violation. Critics have regularly decried the INA's lack of proportionality, contending that the penalty often does not fit the offense. The immigration bureaucracy's implementation of the INA,... 2021
Rachel Chernov IMMIGRATION REFORM IN REFUGEE AND ASYLUM POLICY: DISENTANGLING IMMIGRATION FROM THE NATIONAL SECURITY DISCOURSE 44 Fordham International Law Journal 1029 (April, 2021) After September 11, 2001, a large-scale overhaul of existing US immigration infrastructure fused immigration with the country's national security apparatus. Enhanced national security efforts became characterized by increased immigration enforcement and were purportedly justified by government officials' rhetoric portraying newcomers as a threat to... 2021
Jehan El-Jourbagy IMPACT OF CORPORATE RESPONSE TO CONTROVERSIAL PRESIDENTIAL STATEMENTS OR POLICIES 18 DePaul Business & Commercial Law Journal 69 (Spring, 2021) Not ten days into the Trump administration, corporations, normally silent or ostensibly neutral in regard to political issues, were uncommonly vocal regarding the executive order on immigration and refugees. The response was not uniform. A disproportionate number of CEOs speaking out were from the tech industry. Noticeably silent at this juncture... 2021
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