Tomiko Brown-Nagin IN MEMORIAM: JUSTICE RUTH BADER GINSBURG, THE LAST CIVIL RIGHTS LAWYER ON THE SUPREME COURT 56 Harvard Civil Rights-Civil Liberties Law Review 15 (Winter, 2021) There are many ways to describe Justice Ginsburg's historic achievements. This essay considers one enduring descriptor. When President Bill Clinton nominated her to the Supreme Court, he noted that some called Ginsburg the Thurgood Marshall of the women's movement. Through this essay, I engage with and complicate that comparison. I do so to... 2021
J. Nicole Alanko IN-AND-OUT JUSTICE: HOW THE ACCELERATION OF FAMILIES THROUGH IMMIGRATION COURT VIOLATES DUE PROCESS 24 University of Pennsylvania Journal of Law and Social Change 1 (2021) Since November 2018, the Department of Justice has prioritized the scheduling of the cases of thousands of families in immigration courts who have been labeled as Family Units. This policy requires that the cases be completed within one year of the filing of the Notice to Appear. Affected families are fleeing violence in their home... 2021
Susan Ayres INSIDE THE MASTER'S GATES: RESOURCES AND TOOLS TO DISMANTLE RACISM AND SEXISM IN HIGHER EDUCATION 21 Journal of Law in Society 20 (Winter, 2021) INTRODUCTION. 21 I. DISMANTLING THE MASTER'S HOUSE: RESOURCES. 28 II. SUBSTANCE OF FIRE AND THE STORYTELLING MOVEMENT. 31 A. The Backstory. 31 B. Overview of Substance of Fire. 33 C. The Case for Storytelling. 35 III. SUBSTANCE OF FIRE: NARRATIVES AND COUNTER-STORYTELLING. 37 A. Lack of Mentors, Microaggressions. 38 B. Performing Gender, Safe... 2021
Edelina M. Burciaga , Aaron Malone INTENSIFIED LIMINAL LEGALITY: THE IMPACT OF THE DACA RESCISSION FOR UNDOCUMENTED YOUNG ADULTS IN COLORADO 46 Law and Social Inquiry 1092 (November, 2021) The Deferred Action for Childhood Arrivals (DACA) program provides qualifying undocumented immigrant youth with significant benefits. These benefits exist in a state of tension because they are temporary, making the status of DACA recipients precarious. In this article we draw on survey and interview data collected with DACA recipients in Colorado,... 2021
M. Hunter Rush IT'S MY PARTY, AND I'LL DO WHAT I WANT TO: MAKING THE CASE FOR JUDICIAL REVIEW OF NATIONAL INTEREST WAIVER DENIALS 27 Washington and Lee Journal of Civil Rights and Social Justice 703 (Spring, 2021) Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen's application for a National Interest Waiver is denied, there must be some recourse. The current problem is... 2021
Eisha Jain JAILHOUSE IMMIGRATION SCREENING 70 Duke Law Journal 1703 (May, 2021) Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has... 2021
Tom Lininger JUDGES' ETHICAL DUTIES TO ENSURE FAIR TREATMENT OF INDIGENT PARTIES 89 Fordham Law Review 1237 (March, 2021) In this Essay, I will argue that the American Bar Association (ABA) Model Code of Judicial Conduct (the Model Code) should more squarely address the challenges faced by low-income litigants. Amendments should make clear that judges have a duty to ensure the fair treatment of the indigent in the U.S. legal system. I have written elsewhere about... 2021
Jayanth K. Krishnan JUDICIAL POWER--IMMIGRATION-STYLE 73 Administrative Law Review 317 (Spring, 2021) Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court... 2021
Fareed Nassor Hayat KILLING DUE PROCESS: DOUBLE JEOPARDY, WHITE SUPREMACY AND GANG PROSECUTIONS 69 UCLA Law Review Discourse 18 (2021) The Fifth Amendment of the U.S. Constitution holds that no person shall be twice put in jeopardy of life or limb for the same offense. Read plainly, a person cannot be tried or punished more than once for a single crime. Yet in recent decades, as legislatures have expanded the prosecutorial state with weapons designed to punish more criminal... 2021
Michael Sullivan LABOR CITIZENSHIP FOR THE TWENTY-FIRST CENTURY 19 Seattle Journal for Social Justice 809 (Spring, 2021) Today, immigrant individuals toiling with their citizen colleagues in insecure employment that Guy Standing describes as the post-industrial precariat make up the vanguard of the struggle to protect labor rights. Government officials have honored care workers as essential service employees in the COVID-19 pandemic even as they continue to lack many... 2021
Trevor George Gardner LAW AND ORDER AS THE FOUNDATIONAL PARADOX OF THE TRUMP PRESIDENCY 73 Stanford Law Review Online 141 (June, 2021) This Essay scrutinizes the feuding between the Trump White House and various federal law enforcement agencies, concurrent with criminal lawbreaking in the Trump Administration, in an effort to extend scholarly understanding of the relationship between law-and-order politics and popular regard for rule-of-law principles. Sociolegal... 2021
Stella Burch Elias LAW AS A TOOL OF TERROR 107 Iowa Law Review 1 (November, 2021) The immigration laws and policies of the United States from January 2017 through January 2021 serve as a cautionary example of what may happen when the rule of law and the equitable administration of justice are subverted by policymakers pursuing an extreme and coercive political agenda. For four years the Trump Administration used its... 2021
Samuel Vincent Jones LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION 21 Berkeley Journal of African-American Law & Policy 84 (2021) Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... 2021
Ingrid Eagly LEARNING FROM DEPORTED AMERICANS 50 Southwestern Law Review 333 (2021) When I was a deputy federal public defender in Los Angeles, I represented many individuals who were charged with the federal crime of illegal reentry. One client in particular still stands out in my memory. When I first met him in lock-up, he told me that he should not have been deported. When I asked why, the answer was simple: he was American. He... 2021
Caleb Ward LEARNING FROM THE PAST: USING KOREMATSU AND OTHER JAPANESE INTERNMENT CASES TO PROVIDE PROTECTIONS AGAINST IMMIGRATION DETENTIONS 73 Arkansas Law Review 841 (2021) Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States... 2021
Smita Ghosh , Mary Hoopes LEARNING TO DETAIN ASYLUM SEEKERS AND THE GROWTH OF MASS IMMIGRATION DETENTION IN THE UNITED STATES 46 Law and Social Inquiry 993 (November, 2021) Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for... 2021
Kevin E. Davis LEGAL RESPONSES TO BLACK SUBORDINATION, GLOBAL PERSPECTIVES 134 Harvard Law Review Forum 359 (June 1, 2021) [I]n order to win and bring as many people with us along the way, we must move beyond the narrow nationalism that is all too prevalent in Black communities. --Black Lives Matter Around the world, people of African descent (Afro-descendants)--to use one of the broadest possible definitions of Blackness--are overrepresented among the poor and... 2021
Jennifer J. Lee LEGALIZING UNDOCUMENTED WORK 42 Cardozo Law Review 1893 (September, 2021) C1-2Table of Contents Introduction. 1894 I. Migration and Work. 1902 A. Plight of Undocumented Workers. 1902 B. Recognition of Employer Exploitation. 1907 C. Moral Disapproval of Illegal Workers. 1909 II. Reconceptualizing the Undocumented Worker. 1913 A. Equality. 1914 B. Freedom. 1917 C. Contending with Illegality. 1920 III. Benefits of the... 2021
Mona Alsaidi LEGALLY WHITE, EFFECTIVELY OTHERED: RECOGNIZING AND INVESTING IN ARAB AMERICAN COMMUNITIES 94 Temple Law Review 99 (Fall, 2021) During the first presidential debate in September 2020, President Biden effortlessly spoke the Arabic phrase inshallah, meaning God willing. President Biden's use of the phrase did not go unnoticed--some viewed it as a nod to Arabs and Muslims, and others criticized it as pandering or inappropriate. About a month after this debate, then-candidate... 2021
Rebekah Ross LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY 96 Washington Law Review 311 (March, 2021) American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... 2021
Patrisia MacĂ­as-Rojas LIBERAL POLICIES, PUNITIVE EFFECTS: THE POLITICS OF ENFORCEMENT DISCRETION ON THE US-MEXICO BORDER 46 Law and Social Inquiry 69 (February, 2021) This article examines why deportation and imprisonment for immigration offenses rose under presidential administrations that claimed to favor more humane approaches to immigration enforcement. I examine the politics of enforcement discretion on the US-Mexico border during the administrations of Bill Clinton (1993-2001) and Barack Obama (2009-17).... 2021
Eric R. Claeys LIBERALISM, PATRIOTISM, AND COSMOPOLITANISM IN LOCAL CITIZENSHIP IN A GLOBAL AGE 8 Texas A&M Journal of Property Law 1 (December 29, 2021) I. Introduction. 1 II. The Argument of Local Citizenship in a Global Age. 4 III. Assessing Local Citizenship in a Global Age. 6 IV. Immigration, Citizenship, and Cosmopolitanism. 8 V. Natural Rights, Cosmopolitanism, and Patriotism. 11 VI. Coopting Patriotism for Liberalism and Natural Rights. 12 VII. Reconsidering Local Citizenship in a Global... 2021
Hiroshi Motomura MAKING IMMIGRATION LAW 134 Harvard Law Review 2794 (June, 2021) C1-2CONTENTS Introduction. 2795 I. Looking Outward. 2797 A. Foreign Affairs. 2798 B. The Parole Power. 2799 C. The Suspension Power. 2800 D. International Immigration Power. 2802 II. Looking Inward. 2804 A. Beyond Conventional Wisdom. 2805 B. Discretion, Delegation, and the Shadow System. 2808 C. Familiar Answers, New Questions. 2810 III.... 2021
Naseam Jabberi MAKING MARYLAND A SANCTUARY STATE - THE BATTLE OF IMMIGRATION ENFORCEMENT THROUGHOUT MARYLAND 51 University of Baltimore Law Forum 124 (Spring, 2021) In recent years, issues of immigration have become a main topic of discussion throughout the United States. With President Trump basing a major campaign point on an idea of mass deportation, the concept of immigration enforcement became a front and center issue for many individuals. In one of the President's campaign announcements, he made it clear... 2021
Rachel Insalaco MAKING THE EXTRAORDINARY ORDINARY: EXAMINING THE IMPACT OF SHIFTING IMMIGRATION POLICIES ON PROFESSIONAL ATHLETICS IN THE UNITED STATES 28 Jeffrey S. Moorad Sports Law Journal 93 (2021) The beginning of professional sports in the United States can be traced back to 1871 with the establishment of the National Association of Professional Base Ball Players (NA), the country's first professional sports league. The years following the NA's establishment saw the emergence of competing professional baseball leagues to capitalize on the... 2021
Megan Doherty Bea , Emily S. Taylor Poppe MARGINALIZED LEGAL CATEGORIES: SOCIAL INEQUALITY, FAMILY STRUCTURE, AND THE LAWS OF INTESTACY 55 Law and Society Review 252 (June, 2021) Social classifications are increasingly interrelated, far-reaching, and consequential for socioeconomic outcomes. We use the concept of marginalized legal categories to describe how the law disadvantages individuals or groups by transforming inherently ordered social classifications into consequential legal categories, employing intestacy laws as... 2021
Jamillah Bowman Williams MAXIMIZING #METOO: INTERSECTIONALITY & THE MOVEMENT 62 Boston College Law Review 1797 (June, 2021) Introduction. 1798 I. The Law Continues to Fail Women of Color Thirty Years After Kimberlé Crenshaw's Intersectionality Insights. 1809 A. Intersectionality Theory. 1811 B. Federal Protection Disproportionately Excludes Women of Color. 1814 C. Mandatory Arbitration Silences Women of Color. 1818 D. Women of Color Are Marginalized Due to False... 2021
Claudia Fendian MENTAL HEALTHCARE FOR IMMIGRANTS AND FIRST-GENERATION FAMILIES: ERASING THE STIGMA AND CREATING SOLUTIONS 24 Journal of Health Care Law and Policy 1 (2021) In the U.S., one in four people suffer from some sort of mental illness. Additionally, in the U.S., one in four people are immigrants or first-generation Americans. Tens of millions of people in the U.S. are in need of mental healthcare resources, and many of them are immigrants or first-generation individuals. With immigrants facing their own set... 2021
Ava Ayers MISSING IMMIGRANTS IN THE RHETORIC OF SANCTUARY 2021 Wisconsin Law Review 473 (2021) The idea of sanctuary for undocumented immigrants started among activists and was soon adopted by governments. In this process, the idea changed. This Article follows sanctuary's changing moral content by studying the reasons that states and localities give when they adopt sanctuary policies limiting their cooperation with federal immigration... 2021
Stephen P. Ruszczyk MORAL CAREER OF MIGRANT IL/LEGALITY: UNDOCUMENTED MALE YOUTHS IN NEW YORK CITY AND PARIS NEGOTIATING DEPORTABILITY AND REGULARIZABILITY 55 Law and Society Review 496 (September, 2021) As undocumented youths transition from arrival to adolescence to adulthood, regimes of migrant il/legality shape their lives in varying ways. Over the life course, undocumented youths' legal status may also shift, creating different careers of il/legality, sequences characterized by changes to legal status over time that re-shape self, mobility,... 2021
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