| Author | Title | Citation | Summary | Year |
| 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 |
| Richard Frankel |
BRINGING "CIVIL"ITY INTO IMMIGRATION LAW: USING THE FEDERAL RULES OF CIVIL PROCEDURE TO FIX IMMIGRATION ADJUDICATION |
76 Vanderbilt Law Review 1379 (October, 2023) |
Government lawyers frequently argue, and courts have frequently held, that noncitizens in removal proceedings do not have the same rights as defendants in criminal proceedings. A common argument made to support this position is that removal proceedings are civil matters. Accordingly, a noncitizen facing deportation has fewer due process protections... |
2023 |
| George Fishman |
CALIFORNIA DREAMIN': CAN STATE UNIVERSITIES LEGALLY HIRE NON-WORK AUTHORIZED ALIENS |
48 Journal of College and University Law 95 (2023) |
A notable group of immigration law professors has assured California that it can allow its State universities to hire aliens not authorized to work under federal law, concluding that the Immigration Reform and Control Act of 1986's prohibition on hiring undocumented persons [known as employer sanctions] does not bind state government entities.... |
2023 |
| Rusty Lookadoo |
CATCH-2022: HOW EUROPE'S DIVESTMENT OF ITS MARITIME MIGRATION OBLIGATIONS CONTINUES TO BURDEN THE SHIPPING INDUSTRY |
47 Tulane Maritime Law Journal 163 (Winter, 2023) |
I. Introduction. 163 II. Background. 168 A. Legal Obligations Under the International Treaty Schema. 168 B. Attempts to Escape SAR Obligations. 171 III. Existing Responses to the Refugee Crisis. 172 A. Europe's Response Burdens the Shipping Industry. 173 B. The Legality of the U.K.'s Legislative Response. 176 IV. Resolving the Government-Industry... |
2023 |
| Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith |
CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR |
19 Annual Review of Law and Social Science 109 (2023) |
race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... |
2023 |
| Eric Mogilnicki, B. Graves Lee, (https://businesslawtoday.org/author/eric-mogilnicki/), (https://businesslawtoday.org/author/bgraveslee/), Covington & Burling, LLP |
CFPB AND DOJ STATEMENT CAUTIONS AGAINST CONSIDERATION OF IMMIGRATION STATUS UNDER FAIR LENDING LAWS |
2023-OCT Business Law Today 51 (October, 2023) |
On October 12, the CFPB and Department of Justice issued (https://www.consumerfinance.gov/about-us/newsroom/cfpb-and-justice-department-issue-joint-statement-cautioning-that-financial-institutions-may-not-use-immigration-status-to-illegally-discriminate-against-credit-applicants/) a joint statement... |
2023 |
| Judy Tzu-Chun Wu , Ji Li |
CHINESE IMMIGRANT LEGAL MOBILIZATION IN THE UNITED STATES: THE 2020 EXECUTIVE BAN ON WECHAT AND CIVIL RIGHTS IN A DIGITAL AGE |
30 Asian American Law Journal 51 (2023) |
On August 6, 2020, then U.S. President Donald Trump issued an executive order banning WeChat, the most popular social messaging app in China and the fifth most popular in the world. The President evoked national security as the justification for the ban. In the context of the COVID-19 pandemic and rising U.S.-China tensions, the public perceived... |
2023 |
| Amy McMeeking |
CITIZENSHIP, SELF-DETERMINATION, AND CULTURAL PRESERVATION IN AMERICAN SAMOA |
70 UCLA Law Review 840 (September, 2023) |
Recent litigation about the Citizenship Clause's applicability in American Samoa exposes tensions between competing goals of inclusion, self-determination, and cultural preservation. The noncitizen national category and the Insular Cases are both legacies of a long tradition of racial exclusion in the United States, but their current significance... |
2023 |
| Desiree Barbosa |
CIVIL RIGHTS AND IMMIGRATION: A ONE-WAY TICKET BACK TO THE 1960S |
50 Southern University Law Review 177 (Spring, 2023) |
History repeats itself, but in such cunning disguise that we never detect the resemblance until the damage is done. Imagine being born in a country where the government is corrupt, and the most basic human needs are scarce. Every day you live with the uncertainty of what tomorrow may bring. You want to ask for help and report the incident that... |
2023 |
| Duane Rudolph |
CLIMATE DISCRIMINATION |
72 Catholic University Law Review 1 (Winter, 2023) |
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States... |
2023 |
| Camila Bustos , Bruni Pizarro , Tabitha Sookdeo |
CLIMATE MIGRATION AND DISPLACEMENT: A CASE STUDY OF PUERTO RICAN WOMEN IN CONNECTICUT |
55 Connecticut Law Review 781 (June, 2023) |
The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on... |
2023 |