Jennifer M. Chacón MOVING FORWARD 50 Southwestern Law Review 208 (2021) We live in a world of permeable borders. Money, goods, information, and the global elite move across borders almost effortlessly. Corporate entities straddle borders, and governmental policies have transnational effect. But not everyone moves easily across borders. In the United States, federal laws permit the expulsion and the permanent exclusion... 2021
Sarah Houston NOW THE BORDER IS EVERYWHERE: WHY A BORDER SEARCH EXCEPTION BASED ON RACE CAN NO LONGER STAND 47 Mitchell Hamline Law Review 197 (February, 2021) I. Introduction. 197 II. Historical Background. 201 A. History of Expedited Removal. 201 B. Immigration Exceptionalism on the Border. 203 III. Race Can No Longer Justify Immigration Stops and Searches. 207 A. Demographic Shift--Latinos as a Majority Presence. 207 B. The Creeping Expansion of Immigration Enforcement Past the Border. 211 C. Vagueness... 2021
Hugh Cassidy , Tennecia Dacass , Kansas State University, Central Washington University OCCUPATIONAL LICENSING AND IMMIGRANTS 64 Journal of Law & Economics 1 (February, 2021) This study examines the incidence and impact of occupational licensing on immigrants using two sources of data: the Current Population Survey and the Survey of Income and Program Participation. We find that immigrants are significantly less likely to have a license than similar natives and that this gap is largest for men, workers in the highest... 2021
Etienne C. Toussaint OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN 52 Columbia Human Rights Law Review 826 (Winter, 2021) The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... 2021
Michael McCann , Filiz Kahraman ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES 17 Annual Review of Law and Social Science 483 (2021) legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... 2021
Christian Sundquist PANDEMIC POLICING 37 Georgia State University Law Review 1339 (Summer, 2021) C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 2021
Christian Powell Sundquist PANDEMIC SURVEILLANCE DISCRIMINATION 51 Seton Hall Law Review 1535 (2021) I. Introduction. 1535 II. The Racialization of Public Health Crises. 1536 III. Surveillance Discrimination. 1537 IV. Conclusion. 1545 2021
D. Anthony PERILS OF THE REVERSE SILVER PLATTER UNDER U.S. BORDER PATROL OPERATIONS 16 University of Massachusetts Law Review 232 (Spring, 2021) In the face of expanding U.S. Border Patrol operations across the country, that agency often acquires evidence during its searches that is unrelated to immigration or other federal crimes but may involve state crimes. States are then faced with the question of whether to accept such evidence for state prosecutions when it was lawfully obtained by... 2021
Rachel F. Moran PERSISTENT INEQUALITIES, THE PANDEMIC, AND THE OPPORTUNITY TO COMPETE 27 Washington and Lee Journal of Civil Rights and Social Justice 589 (Spring, 2021) C1-2Table of Contents I. Introduction. 590 II. Persistent Inequalities: Race, Ethnicity, Class, Language, and Immigration. 592 A. Race, Ethnicity, and the Intransigence of Segregation in the Schools. 593 B. The Intersection of Race, Ethnicity, and Poverty. 596 C. Additional Dimensions of Difference: Language and Immigration Status. 599 D. Greater... 2021
Tania N. Valdez PLEADING THE FIFTH IN IMMIGRATION COURT: A REGULATORY PROPOSAL 98 Washington University Law Review 1343 (2021) Protections of noncitizens' rights in immigration removal proceedings have remained minimal even as immigration enforcement has exponentially increased. An overlooked, but commonplace, problem in immigration court is the treatment of the constitutional right against self-incrimination. Two routine scenarios occur where noncitizens are asked to... 2021
Aya Gruber POLICING AND "BLUELINING" 58 Houston Law Review 867 (Symposium, 2021) In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... 2021
  PROSECUTORIAL DISCRETION 50 Georgetown Law Journal Annual Review of Criminal Procedure 269 (2021) 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 that the accused has committed an offense, the decision to prosecute is within the... 2021
Jennifer Bennett Shinall PROTECTING PREGNANCY 106 Cornell Law Review 987 (May, 2021) Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced farther than ever before in the House of Representatives. Four types of legislative protections for pregnant workers currently... 2021
Andrew T. Hayashi , Richard M. Hynes PROTECTIONIST PROPERTY TAXES 106 Iowa Law Review 1091 (March, 2021) National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... 2021
Jeremiah A. Ho QUEERING BOSTOCK 29 American University Journal of Gender, Social Policy and the Law 283 (2021) I. Introduction. 284 II. Conceptualizations of Anti-Queer Stereotypes. 289 A. Modern Historical Origins. 289 B. Anti-Queer Stereotyping Effects in Law. 295 III. Anti-Stereotyping Strategies. 301 A. Gender Discrimination. 303 B. LGBTQ Discrimination. 315 1. Animus in Romer. 316 2. Dignity in Lawrence. 321 3. Anti-Stereotyping in Windsor &... 2021
Ric Simmons RACE AND REASONABLE SUSPICION 73 Florida Law Review 413 (March, 2021) The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect's race when conducting criminal investigations. The civil rights movement and the progressive... 2021
Jack M. Balkin RACE AND THE CYCLES OF CONSTITUTIONAL TIME 86 Missouri Law Review 443 (Spring, 2021) C1-2Table of Contents Table of Contents. 443 I. Introduction. 444 II. The Cycle of Regimes. 445 A. Political Regimes in the Antebellum Era. 446 B. The Republican Regime. 449 D. The New Deal/Civil Rights Regime. 454 E. The Reagan Regime and the Culture Wars. 456 III. The Cycle of Polarization and Depolarization. 463 A. Racial Polarization in... 2021
Michelle Foster , Timnah Rachel Baker RACIAL DISCRIMINATION IN NATIONALITY LAWS: A DOCTRINAL BLIND SPOT OF INTERNATIONAL LAW? 11 Columbia Journal of Race and Law 83 (January, 2021) Statelessness has historically been overlooked by the international community, but it is now a significant focus of the work of academics, advocates, and international institutions. The United Nations High Commissioner for Refugees' campaign to end statelessness by 2024 is now past its half-way point. Yet, while it is understood that statelessness... 2021
Vinay Harpalani RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS 37 Georgia State University Law Review 1361 (Summer, 2021) This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... 2021
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021
Charlene Galarneau , Ruqaiijah Yearby RACISM, HEALTH EQUITY, AND CRISIS STANDARDS OF CARE IN THE COVID-19 PANDEMIC 14 Saint Louis University Journal of Health Law & Policy 211 (2021) Long-standing and deeply embedded institutional racism, notably anti-Black racism in U.S. health care, has provided a solid footing for the health inequities by race evident in the COVID-19 pandemic. Inequities in susceptibility, exposure, infection, hospitalization, and treatment reflect and reinforce this racism and cause incalculable and... 2021
Jelani Jefferson Exum RECONSTRUCTION SENTENCING: REIMAGINING DRUG SENTENCING IN THE AFTERMATH OF THE WAR ON DRUGS 58 American Criminal Law Review 1685 (Fall, 2021) L1-2Introduction . L31685 I. The Need for Reconstruction: Then and Now. 1687 II. Understanding the War on Drugs: The Weapons, The Tactics, and the Casualties. 1691 III. Why Interpretation Matters: A Lesson from the Thirteenth Amendment. 1698 A. The Thirteenth Amendment: Original Interpretation. 1698 B. Reinterpreting the Thirteenth Amendment: An... 2021
Sahar F. Aziz REFLECTIONS ON SECURITY, RACE, AND RIGHTS TWENTY-YEARS AFTER 9/11 12 Journal of National Security Law & Policy 135 (2021) L1-2Introduction . L3135 I. Race and Counterterrorism. 137 A. FBI Voluntary Interviews. 139 B. Terrorist Watch Lists. 140 C. Public Scrutiny and Government Surveillance. 141 II. Manufacturing Muslim Terrorism Through Predatory Sting Operations. 144 III. Insights for Future Policy Makers. 146 A. Be a Professional, Not a Politician. 147 B. Improve... 2021
Beth Caldwell REFLECTIONS ON THE RIGHT TO MOVE FREELY ACROSS BORDERS 50 Southwestern Law Review 359 (2021) The essays in this symposium highlight the depth and breadth of the injustice and inhumanity of U.S. immigration law. While injustice in immigration law is nothing new, the hateful rhetoric that has been routinely directed toward immigrants from the highest levels of government, and the extreme policies that accompany this rhetoric, have elevated... 2021
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
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
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
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
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
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