| Author | Title | Citation | Summary | Year |
| Caroline A. Lay |
UNLICENSED TO WORK: AN ANALYSIS OF THE UNITED STATES' HUMAN RIGHTS VIOLATION AGAINST ASYLUM SEEKERS DUE TO THE UNREASONABLE WAITING PERIOD FOR WORK AUTHORIZATION, AND HOW THE NATION FORFEITS AN ECONOMIC OPPORTUNITY IN THE PROCESS |
59 Tulsa Law Review 139 (Winter, 2024) |
I. Introduction. 140 II. An Unreasonable Waiting Period: Current Procedures Grossly Delay the Asylum Seeker's Work Authorization. 143 A. Asylum Seekers are Not Granted Instant Employment Authorization and Instead Must Wait at Least 180 Days. 145 B. Asylum Seekers Wait Much Longer than 180 Days for Work Authorization. 145 C. USCIS' Grossly... |
2024 |
| Madeline Gleeson |
UNLOCKING CEDAW'S TRANSFORMATIVE POTENTIAL: ASYLUM CASES BEFORE THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN |
118 American Journal of International Law 41 (January, 2024) |
One of the most important developments in international law for the protection of displaced women and girls--the implied non-refoulement obligation in the Convention on the Elimination of Discrimination Against Women has received little scholarly or jurisprudential attention. This Article presents, for the first time, a doctrinal analysis of the... |
2024 |
| Fallon J. Cochlin, Charles D. Curran, Cason D. Schmit |
UNLOCKING PUBLIC HEALTH DATA: NAVIGATING NEW LEGAL GUARDRAILS AND EMERGING AI CHALLENGES |
52 Journal of Law, Medicine & Ethics 70 (Spring, 2024) |
Keywords: Artificial Intelligence, Privacy, Confidentiality, Public Health Surveillance, Public Health Practice Abstract: Here, we analyze the public health implications of recent legal developments--including privacy legislation, intergovernmental data exchange, and artificial intelligence governance--with a view toward the future of public health... |
2024 |
| Harvey Gee |
UNPRECEDENTED: ASIAN AMERICANS, HARVARD, THE UNIVERSITY OF NORTH CAROLINA, AND THE SUPREME COURT'S STRIKING DOWN OF AFFIRMATIVE ACTION |
51 UC Law Constitutional Quarterly 187 (Winter 2024) |
In response to the Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College Students for Fair Admissions, Inc., Petitioner v. University of North Carolina, et al. (SFFA v. Harvard), author Harvey Gee urges his fellow Asian Americans--the star plaintiffs in the case and depicted as the main... |
2024 |
| David Dante Troutt |
URBAN RENEWAL'S GRANDCHILDREN: REMEDYING THE PERSISTENT EFFECTS OF POST-WAR RACE PLANNING |
52 Fordham Urban Law Journal 91 (October, 2024) |
Urban renewal, a mid-century federal-local redevelopment program that transformed American cities and displaced millions of Black migrants from the South, was a race-conscious government policy responsible for the enduring suppression of Black wealth. Its racial history and character are untold in legal scholarship. This Article argues that the... |
2024 |
| Diane Kemker, J.D., LL.M |
USING A "MOVES TO INNOCENCE" APPROACH TO DISSECT AND DEBUNK THE CLAIM THAT CRITICAL RACE THEORY IS ANTISEMITIC |
27 Lewis & Clark Law Review 1145 (2024) |
In the United States, law and policy have most frequently reflected dominant white Christian majority interests. Critical Race Theory (CRT) offers powerful tools for understanding our history and situation, including that of American Jews, and how the social positions and interests of American Blacks and Jews, real and perceived, have intersected,... |
2024 |
| Maryam T. Stevenson |
WHAT CONGRESS NEEDS TO BREAK THE IMMIGRATION REFORM STALEMATE |
73 Catholic University Law Review 499 (Fall, 2024) |
This article provides a policy proposal for an immigration reform package that could be successful in the modern-day Congress. It is the second article of a series that began with an analysis of why immigration reform has been unsuccessful over the past thirty years despite bipartisan support. That article argued that polarization combined with the... |
2024 |
| Maitri K. Patel |
WHEN CULTURE MEETS COVERTURE: UTILIZING STUDENT FEDERAL AID TO HELP INDIAN H-4 IMMIGRANTS ESCAPE ABUSE |
110 Iowa Law Review 397 (November, 2024) |
ABSTRACT: This Note explores the intersection of American immigration law, gender dynamics, and access to higher education through federal student aid, focusing on Indian women who immigrate on an H-4 visa and suffer from domestic abuse at the hands of their H-1B sponsor. Specifically, this Note investigates how widening access to higher education... |
2024 |
| Marissa Jackson Sow |
WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE |
14 UC Irvine Law Review 459 (May, 2024) |
Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... |
2024 |
| Sebastian von Massow |
WHO GETS TO SPEAK? INTERNATIONAL LAWYERING AND CHAGOSSIAN VOICES IN THE LAST COLONY |
38 Temple International and Comparative Law Journal 117 (Spring, 2024) |
With The Last Colony, Philippe Sands has given us a powerful account of the speakable but long-silenced injustice of the Chagos, bringing it to the attention of a wide readership, lending force to a long overdue collective reckoning with Britain's colonial legacies, and mounting an energetic defence of the efficacy of international law and its... |
2024 |
| Sungjoon Cho |
WHY DO NATIONS OBEY CUSTOM? |
56 New York University Journal of International Law & Politics 475 (Winter, 2024) |
Why do nations obey custom? The conventional model of the law of nations or customary international law (CIL) countenances a separation thesis that CIL is comprised of two discrete elements: state practice (usus) and a legal consciousness (opinio). This Article argues that the separation thesis is attributable to the time-honored philosophical... |
2024 |
| Jacob Chabot |
WHY IS TITLE VII IN RETREAT? A SOCIOECONOMIC ANALYSIS OF THE RETRENCHMENT OF CONTEMPORARY CIVIL RIGHTS LAW |
57 U.C. Davis Law Review 2299 (April, 2024) |
This Article uses Title VII of the Civil Rights Act of 1964-- the Title regulating employment discrimination--as a springboard for analysis in determining why civil rights law has seen a falling off. The conclusion is that although political reasons did play a large role in the retrenchment of civil rights law as it was conceived during the Civil... |
2024 |
| J. Shoshanna Ehrlich |
WHY THE DOBBS COURT GOT IT WRONG: CONNECTING THE DOTS BETWEEN OPPOSITION TO ABORTION AND GENDER ANIMUS |
22 Seattle Journal for Social Justice 461 (Winter, 2024) |
On June 24, 2022, in Dobbs v. Jackson Women's Health Organization (Dobbs), the Supreme Court erased nearly half a century of precedent in one fell swoop. Infamously declaring that the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of... |
2024 |
| Karen Musalo , Anna O. Law , Annie Daher , Katharine M. Donato , Chelsea Meiners |
WITH FEAR, FAVOR, AND FLAWED ANALYSIS: DECISION-MAKING IN U.S. IMMIGRATION COURTS |
65 Boston College Law Review 2743 (November, 2024) |
Introduction. 2745 I. Claims for Humanitarian Protection in U.S. Immigration Courts. 2748 A. Legal Requirements. 2748 B. Immigration Court Process. 2753 II. The Inherent Contradictions and Criticism of Our Immigration Court System. 2754 III. What Prior Studies Tell Us About Immigration Judge Decision-making. 2759 IV. Data and Methods. 2765 A. Data.... |
2024 |
| Laurel Leff |
"DEATH BY BUREAUCRACY": HOW THE U.S. STATE DEPARTMENT USED ADMINISTRATIVE DISCRETION TO BAR REFUGEES FROM NAZI EUROPE |
34 Yale Journal of Law & the Humanities 389 (2023) |
During the Nazi era, the United States could have remained within overall and country-by-country quotas limiting immigration and still have admitted an additional 350,000 refugees from Germany and German-occupied or -allied countries. Instead, the State Department, whose consular officers abroad decided whether visas were to be issued, denied them... |
2023 |
| Azadeh Shahshahani, Chiraayu Gosrani |
"KNOWN ADVERSARY": THE TARGETING OF THE IMMIGRANTS' RIGHTS MOVEMENT IN THE POST-TRUMP ERA |
72 Emory Law Journal 1245 (2023) |
C1-2Table of Contents Introduction. 1246 I. The First Amendment's Hollowed Out Protections. 1249 A. Constitutional Exceptionalism. 1251 B. Exceptionalism for Immigrants and the Plenary Power Doctrine. 1253 II. The Chilling of the Immigrants' Rights Movement. 1256 A. Indigenous Organizers, Faith Leaders, and Humanitarian Aid Workers at the Southern... |
2023 |
| Elizabeth Butterworth |
"WHAT IF YOU'RE DISABLED AND UNDOCUMENTED?": REFLECTIONS ON INTERSECTIONALITY, DISABILITY JUSTICE, AND REPRESENTING UNDOCUMENTED AND DISABLED LATINX CLIENTS |
26 CUNY Law Review 139 (Summer, 2023) |
I. Introduction. 140 II. From Disability Rights to Disability Justice. 145 III. An Ableist and Disabling Immigration System. 149 A. Exclusionary Immigration Laws and the Public Charge Rule. 150 B. The Disabling Impact of Migrating to and Living Undocumented in the United States. 155 IV. The Need for Services and Barriers to Access. 157 V. From... |
2023 |
| Nicole C. Dillard |
®ABC . HIJ, IS THE U.S. TEACHER SHORTAGE HERE TO STAY? USING U.S. IMMIGRATION POLICY TO ADDRESS THE DOMESTIC TEACHING SHORTAGE |
52 Journal of Law and Education 46 (Spring, 2023) |
Immigration is one of the most politically charged issues in the country. The various topics surrounding immigration policy have become a polarizing issue in recent years as policy makers continue to weigh economic, security and humanitarian concerns. Because Congress cannot reach a decision on comprehensive immigration reform, many policy... |
2023 |
| Joshua J. Schroeder |
A COURT OF CHAOS AND WHIMSY: ON THE SELF-DESTRUCTIVE NATURE OF LEGAL POSITIVISM |
29 Cardozo Journal of Equal Rights & Social Justice 663 (Summer, 2023) |
Each of the four arguably most famous dictators in modern Western history, Adolf Hitler, Porfirio Díaz, Napoleon Bonaparte, and Oliver Cromwell, were legal positivists. This is to say that they rejected both the common law and natural law conceptions of human rights. They furthermore rejected the judiciary's equitable power to enforce human rights... |
2023 |
| Monika Batra Kashyap |
A CRITICAL RACE FEMINISM CRITIQUE OF IMMIGRATION LAWS THAT EXCLUDE SEX WORKERS: MOVING FROM THEORY TO PRAXIS |
38 Berkeley Journal of Gender, Law & Justice 52 (2023) |
This Article is the first to apply a critical race feminism (CRF) critique to the current immigration law in the United States, Immigration and Nationality Act (INA) § 212(a)(2)(D)(i), which excludes immigrants for engaging in sex work. This Article will use critical historical methodology to center the role of women of color as the primary targets... |
2023 |
| Edward Shore |
A DREAM DEFERRED: THE EMERGENCE AND FITFUL ENFORCEMENT OF THE QUILOMBO LAW IN BRAZIL |
101 Texas Law Review 707 (February, 2023) |
In 1988, Brazil ratified Article 68, a constitutional provision that recognizes the collective property rights of quilombolas, who are the descendants of formerly enslaved Africans, many of whom had escaped slavery. Article 68 ushered a dramatic transformation in the racial politics of Brazil, one of the most unequal societies in the world.... |
2023 |
| Juliana Vélez-Echeverri and Camila Bustos |
A HUMAN RIGHTS APPROACH TO CLIMATE-INDUCED DISPLACEMENT: A CASE STUDY IN CENTRAL AMERICA AND COLOMBIA |
31 Michigan State International Law Review 403 (2023) |
The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those... |
2023 |
| Jill E. Family |
A LACK OF UNIFORMITY, COMPOUNDED, IN IMMIGRATION LAW |
98 Notre Dame Law Review 2115 (June, 2023) |
The Administrative Procedure Act (APA) is known for bringing standardization to federal agency behavior. The APA's framework for adjudication, however, is lax and incomplete. It provides standards, but only meaningfully for formal adjudication, and Congress rarely requires agencies to follow the APA's formal adjudication procedures. The APA,... |
2023 |
| Hon. Denny Chin |
A LIVING LEGACY: THE KATZMANN STUDY GROUP ON IMMIGRANT REPRESENTATION |
92 Fordham Law Review 811 (December, 2023) |
Introduction. 811 I. Remembering Judge Robert A. Katzmann. 813 II. Marking Fifteen Years of the Study Group's Efforts. 817 III. Laying Groundwork for the Future. 819 |
2023 |
| Heather Holman |
A RECKONING FOR RELIGIOUS FREEDOM: INDIA'S BJP AND THE INTERNATIONAL IMPLICATIONS OF ANTI-MUSLIM LEADERSHIP |
38 American University International Law Review 231 (2023) |
Currently, the Bharatiya Janata Party (BJP) holds the majority in the Indian Parliament, where it exercises its authority by passing legislation that comports with Hindutva. Hindutva is a political ideology that champions policies intended to make India a Hindu state. Toward this end, BJP leaders use harmful rhetoric and pass legislation that harms... |
2023 |
| Olivia Magliozzi |
A WELL-FOUNDED FEAR OF THE CLIMATE: UTILIZING ENVIRONMENTAL GOVERNANCE STRUCTURES TO PROTECT CLIMATE REFUGEES |
46 Suffolk Transnational Law Review 123 (Winter, 2023) |
An international, collective failure to mitigate climate change and protect the refugees it leaves in its wake is among the greatest threats facing humanity presently and into the future. The definition of refugee was ascribed during the Geneva Convention of 1951 (1951 Geneva Convention) during a time when climate change was unimaginable, as a... |
2023 |
| Marc Canellas |
ABOLISH AND REIMAGINE: THE PSEUDOSCIENCE AND MYTHOLOGY OF SUBSTANCE USE IN THE FAMILY REGULATION SYSTEM |
30 Georgetown Journal on Poverty Law and Policy 169 (Winter, 2023) |
Substance use is one of the favorite justifications for the family regulation system to remove children and prevent reunification with their parents, especially if those parents are women, people in poverty, or people of color. This Article reviews decades of scientific research, hundreds of scientific articles, revealing that almost all the... |
2023 |
| Allegra McLeod |
ABOLITION AND ENVIRONMENTAL JUSTICE |
69 UCLA Law Review 1536 (September, 2023) |
During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining... |
2023 |
| Andrea Flores |
ABOUT TIME: TEMPORAL CONTROL AND ILLEGALITY IN NASHVILLE, TENNESSEE |
46 PoLAR: Political and Legal Anthropology Review 39 (May, 2023) |
This article examines how time creates immigrant il/legality. It centers on a young, undocumented immigrant who was stopped by police following a traffic violation and held in custody pending potential deportation. However, he was ultimately released due to previously filed legal claims. Through the case, I demonstrate how he, his lawyer, the... |
2023 |
| Irene Rizzolatti |
ACCESS TO HIGHER EDUCATION: A COMPARATIVE LAW ANALYSIS OF THE INSTITUTIONAL AND SOCIETAL BARRIERS REFUGEES MUST OVERCOME |
56 UIC Law Review 737 (Winter 2023) |
I. Introduction. 738 II. Background. 742 A. Global View on the Right to Higher Education. 744 1. International Laws Protecting the Right to Higher Education. 746 2. Women Refugee's Access to Higher Education. 748 B. Global Issues Faced by Refugees Generally. 750 1. Missing Qualifications. 751 2. Detainment Period. 753 3. Language Access. 754 4.... |
2023 |
| Scott Aronin |
ADDRESSING THE DELIBERATIVE DEFICIT: A PROPOSAL TO IMPROVE THE BALLOT-INITIATIVE PROCESS |
34 Stanford Law and Policy Review 181 (2023) |
The ballot initiative, a form of direct democracy practiced across the country, is often held up as a model of implementing the people's will and, therefore, achieving democracy's most fundamental aim. But with direct popular control over policymaking comes a cost: limited deliberative processes to develop proposals. I call this cost the... |
2023 |
| Amy F. Kimpel |
ALIENATING CRIMINAL PROCEDURE |
37 Georgetown Immigration Law Journal 237 (Winter, 2023) |
The paradigmatic federal criminal case is not the prosecution of Elizabeth Holmes or John Gotti, but rather that of a poor immigrant of color for a low-level border offense. There persists a perception that federal criminal court is reserved for complex crimes that require robust resources to prosecute and defend. These resources are said to fund... |
2023 |
| Leigh Marie Dannhauser |
AN ANALYSIS OF GREECE'S POTENTIAL VIOLATIONS OF THE REFUGEE CONVENTION AND THE ROME STATUTE IN ITS TREATMENT OF REFUGEES |
27 UCLA Journal of International Law and Foreign Affairs 57 (Fall, 2023) |
C1-2Table of Contents Introduction. 58 I. C Losed Refugee Camps and the Freedom of Movement. 59 A. Is the Refugee Convention Applicable?. 59 B. Interpreting Articles 26 and 31 of the Refugee Convention. 60 C. How Greece is Operating its Closed Refugee Camps. 65 D. Is the Refugees' Right to the Freedom of Movement Being Violated?. 66 E. Do Greece's... |
2023 |
| Daniel I. Morales |
AN IMMIGRATION LAW FOR ABOLITIONISTS (AND REACTIONARIES) |
13 UC Irvine Law Review 1291 (November, 2023) |
Immigration law gets most things wrong and satisfies no one--not immigrants, not moderates, not restrictionists, and not abolitionists (the #AbolishICE crowd). It is bad law premised on skewed epistemic inputs--the fantasies of U.S. citizens--and enforced by a national agency with bloated resources tasked with solving a problem (illegal... |
2023 |
| Anthony J. DeMattee , Matthew J. Lindsay , Hallie Ludsin |
AN UNREASONABLE PRESUMPTION: THE NATIONAL SECURITY/FOREIGN AFFAIRS NEXUS IN IMMIGRATION LAW |
88 Brooklyn Law Review 747 (Spring, 2023) |
For well over a century, immigration governance has occupied a constitutionally unique niche within American public law, where it is subject to substantially weaker constitutional constraints than apply in virtually every other context. When the federal government banishes a noncitizen from the country or detains her for months or years at a time,... |
2023 |
| Jonathan C. Augustine |
AND WHO IS MY NEIGHBOR?: A FAITH-BASED ARGUMENT FOR IMMIGRATION POLICY REFORM IN WELCOMING UNDOCUMENTED REFUGEES |
66 Howard Law Journal 439 (Spring, 2023) |
When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as a citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt. The January 6, 2021 insurrection at the Capitol in Washington, DC, revealed several things about the United States. In... |
2023 |
| Kaili Akar |
ANOTHER GROUP BITES THE DUST: THE FOURTH CIRCUIT'S RIGID DETERMININATION OF PARTICULAR SOCIAL GROUPS |
64 Boston College Law Review E-Supplement 52 (4/25/2023) |
Abstract: In 2022, in Herrera-Martinez v. Garland, the U.S. Court of Appeals for the Fourth Circuit held that prosecution witnesses are not a sufficiently particular social group (PSG) to warrant protection from deportation under the Immigration and Nationality Act. The Fourth Circuit's decision added to varying interpretations of the... |
2023 |
| Kayla M. Chisholm |
ANTI-BLACKNESS IN IMMIGRATION: A COMPARATIVE ANALYSIS BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES [ESTADOS UNIDOS MEXICANOS] |
31 Tulane Journal of International and Comparative Law 145 (Winter, 2023) |
I. Introduction. 146 II. Prevalence of Anti-Blackness Found in Immigration Law and Policies. 148 A. Brief History of North American Migration Law. 148 B. Overview of Immigration Legal Landscape for Forced Migrants--The United States. 150 C. Overview of Immigration Legal Landscape for Forced Migrants--Mexico. 153 D. Haitian Relations Issues Specific... |
2023 |
| Sabrina Balgamwalla , Lauren E. Bartlett |
ANTI-CARCERAL THEORY AND IMMIGRATION: A VIEW FROM TWO LAW SCHOOL CLINICS |
67 Saint Louis University Law Journal 491 (Spring, 2023) |
This article explores clinical teaching philosophies related to anti-carceral theory and provides examples of how to support student learning in clinics serving immigrant clients. Anti-carceral theory in this context is used to refer to an approach that resists criminalization and incarceration within law, drawing on abolitionism, intersectional... |
2023 |
| Samantha Sar Hing |
APPLYING A REPARATIONS FRAMEWORK TO ADVOCATE FOR MENTAL HEALTH SERVICES FOR CAMBODIAN REFUGEES, 40 YEARS LATER |
24 Rutgers Race & the Law Review 203 (2023) |
My parents suffered PTSD from the Khmer Rouge - to cope, I ran the streets and as a result I am now serving a life sentence. While many scholars have talked generally about why the United States deports refugees, there has been a focus by academics and students into the deportation of Cambodian-American refugees. I utilize a reparations-based... |
2023 |
| Carrie Rosenbaum |
ARBITRARY ARBITRARINESS REVIEW |
100 Denver Law Review 773 (Spring, 2023) |
The Supreme Court's recent immigration law Administrative Procedure Act (APA) jurisprudence demonstrates the anti-democratic potential of this judicial review, which has not yet been explored in scholarly literature. Courts' application of the arbitrary and capricious standard potentially curtails the ability of new presidents to carry out policies... |
2023 |
| Kaleigh Dryden |
ASTRONAUTS AND ASYLUM: INVESTIGATING THE INTERSECTION BETWEEN OUTER SPACE AND IMMIGRATION |
84 University of Pittsburgh Law Review 763 (Spring, 2023) |
This Note explores the emerging intersection of outer space and immigration, specifically whether the United States can lawfully adjudicate asylum claims from astronauts. Although the prospect of astronauts seeking asylum in the United States may seem farfetched, this Note concludes that the U.S. immigration system can legally accept astronauts... |
2023 |
| Aaditya P. Tolappa |
ASYLUM, RELIGION, AND THE TESTS FOR OUR COMPASSION |
98 New York University Law Review Online 55 (April, 2023) |
Under pressure to turn away noncitizens who fabricate religious affiliation to improve their chances of gaining asylum, immigration judges are known to ask asylum seekers doctrinal questions about their purported religions to assess their overall credibility. Immigration judges administer these religious tests with broad statutory authority to... |
2023 |
| Priya S. Gupta |
AUTOMATING RACIALIZATION IN INTERNATIONAL LAW |
117 AJIL Unbound 156 (2023) |
From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... |
2023 |
| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
| Neha Vora, Lafayette College |
BETWEEN DREAMS AND GHOSTS: INDIAN MIGRATION AND MIDDLE EASTERN OIL ANDREA WRIGHT (STANFORD: STANFORD UNIVERSITY PRESS, 2021) |
46 PoLAR: Political and Legal Anthropology Review 1 (May, 2023) |
Perhaps no region of the world today is more associated with migrant labor exploitation than the oil-rich monarchies of the Arabian Peninsula. The plight of migrant workers, mostly from South Asia, was front and center most recently in the media coverage of Qatar's World Cup 2022. Within this coverage, Gulf leaders--and by extension Gulf... |
2023 |
| Emily Ryo , Reed Humphrey |
BEYOND LEGAL DESERTS: ACCESS TO COUNSEL FOR IMMIGRANTS FACING REMOVAL |
101 North Carolina Law Review 787 (March, 2023) |
Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often... |
2023 |
| Shikha Silliman Bhattacharjee |
BITTER HARVEST: SUPPLY CHAIN OPPRESSION AND THE LEGAL EXCLUSION OF AGRICULTURAL WORKERS |
2023 University of Illinois Law Review 1337 (2023) |
Persistent exploitation of farmworkers is a defining problem of our time. An estimated 32% of the global population is employed in agriculture. At the base of global food systems, agricultural workers sustain the world's population while systematically excluded from labor rights protections. Through an analysis of restrictions on labor rights for... |
2023 |
| Ashleigh Lussenden |
BLOOD QUANTUM AND THE EVER-TIGHTENING CHOKEHOLD ON TRIBAL CITIZENSHIP: THE REPRODUCTIVE JUSTICE IMPLICATIONS OF BLOOD QUANTUM REQUIREMENTS |
111 California Law Review 287 (February, 2023) |
Blood often serves as the basis for identity for many groups in the United States. Native Americans, however, are the only population in which blood is a requirement for collective belonging and can be the determining factor for whether one receives tribal benefits and services. Many Tribal Nations use blood quantum, the percentage of Indian blood... |
2023 |
| Ernesto Hernández-López |
BORDER BRUTALISM |
46 Fordham International Law Journal 213 (January, 2023) |
Concepts like freedom and liberty motivate Americans on the global stage. This has racial implications past and present. Exploring these arguments, this Essay: (1) reviews Greg Grandin's The End of the Myth: From the Frontier to the Border Wall in the Mind of America and (2) proposes a framework to identify law's place in these motivations. The End... |
2023 |