Karla McKanders DECONSTRUCTING RACE IN IMMIGRATION LAW'S ORIGIN STORIES 37 Maryland Journal of International Law 18 (2022) This symposium, Race, Sovereignty, and Immigrant Justice, explores the racialized history of immigration laws and their enforcement with the goal of rethinking possibilities for immigrant justice, sovereignty, and human rights. This Essay uses Critical Race Theory to explore how the plenary powers doctrine promotes immigration exceptionalism which... 2022
Prashasti Bhatnagar DEPORTABLE UNTIL ESSENTIAL: HOW THE NEOLIBERAL U.S. IMMIGRATION SYSTEM FURTHERS RACIAL CAPITALISM AND OPERATES AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH 36 Georgetown Immigration Law Journal 1017 (Spring, 2022) This Note situates the U.S. immigration system itself as a negative social determinant of health that threatens the health and well-being of immigrants-- particularly laborers and agricultural workers--through racialized expropriation and exploitation of their labor. Section I uses the Chinese Exclusion Act and Bracero Program as examples to... 2022
Shoba Sivaprasad Wadhia DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA 29 Asian American Law Journal 49 (2022) This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... 2022
Anita L. Allen DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM 131 Yale Law Journal Forum 907 (20-Feb-22) abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... 2022
Chris Chambers Goodman , Natalie Antounian DISMANTLING THE MASTER'S HOUSE: ESTABLISHING A NEW COMPELLING INTEREST IN REMEDYING SYSTEMIC DISCRIMINATION 73 Hastings Law Journal 437 (February, 2022) This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial... 2022
Sherally Munshi DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION 110 Georgetown Law Journal 1021 (May, 2022) Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... 2022
Kevin Brown, Lalit Khandare, Annapurna Waughray, Kenneth Dau-Schmidt, Theodore M. Shaw DOES U.S. FEDERAL EMPLOYMENT LAW NOW COVER CASTE DISCRIMINATION BASED ON UNTOUCHABILITY?: IF ALL ELSE FAILS THERE IS THE POSSIBLE APPLICATION OF BOSTOCK v. CLAYTON COUNTY 46 New York University Review of Law and Social Change 117 (2022) This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The... 2022
Gabriel J. Chin DRED SCOTT AND ASIAN AMERICANS 24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... 2022
Kevin R. Johnson DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? 24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... 2022
Diana G. Li DUE PROCESS IN REMOVAL PROCEEDINGS AFTER THURAISSIGIAM 74 Stanford Law Review 793 (April, 2022) Abstract. It is well established that Congress wields plenary power over the admission of noncitizens at the border. But when the government removes noncitizens who have already entered the country, including those who did so without lawful admission, the boundaries of its power are less clear. The Supreme Court confronted this issue in Department... 2022
Lori A. Nessel ENFORCED INVISIBILITY: TOWARD NEW THEORIES OF ACCOUNTABILITY FOR THE UNITED STATES' ROLE IN ENDANGERING ASYLUM SEEKERS 55 U.C. Davis Law Review 1513 (February, 2022) C1-2Table of Contents Introduction. 1515 I. Deconstructing the Web of Policies that Comprise the Invisibility Regime at the Southern Border. 1521 A. Migrant Protection Protocols (MPP). 1522 B. The Asylum Transit Ban. 1527 C. Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP). 1529 D. Metering. 1530 E. Asylum... 2022
Jessica Mitten, Leanne Aban, Lilia Abecassis, Gabriela Garcia-Bou, Carter Man, Jessica Pacwa, Talia Plofsky, Tate Schneider, Katie Wiese, Shelby Young, Yiruo Zhang EQUAL PROTECTION 23 Georgetown Journal of Gender and the Law 267 (Annual Review 2022) I. Introduction. 268 II. Overview. 269 A. Similarly Situated Requirement. 270 B. Standards of Review. 270 1. Strict Scrutiny. 271 a. Suspect Classifications. 271 b. Fundamental Rights. 273 2. Intermediate Scrutiny. 274 3. Rational Basis Review. 275 4. Alternative Formulations. 277 III. Sex-Based Classifications. 278 A. Federal Constitutional... 2022
Sherley E. Cruz ESSENTIALLY UNPROTECTED 96 Tulane Law Review 637 (April, 2022) Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. --Dr. Martin Luther King, Jr. Since the start of the COVID-19 pandemic, the American public has relied on essential low-wage workers to provide... 2022
Lan Cao ETHNIC ECONOMIES, CULTURAL RESOURCES, AND THE AFRICAN AMERICAN QUESTION 91 University of Cincinnati Law Review 303 (2022) Ethnic economies are complex. Scholars have debated their many facets, starting with basic questions like how and why they are formed to the thornier philosophical issues surrounding their establishment and functioning. At its core, ethnic economies depend on the creation of an in-group, which conversely, means drawing a line that distinguishes... 2022
Felix B. Chang ETHNICALLY SEGMENTED MARKETS: KOREAN-OWNED BLACK HAIR STORES 97 Indiana Law Journal 479 (Winter, 2022) Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American... 2022
Anna Welch, Emily Gorrivan ETHNO-NATIONALISM AND ASYLUM LAW 74 Maine Law Review 187 (2022) Abstract Introduction I. The Ethno-Nationalist Roots of the United States Asylum System A. Pre-World War II: The Foundation a. The Chinese Exclusion Era b. National Origin Quotas and the Undesirable Aliens Act B. The Aftermath of World War II a. From 1967 to 1980, the United States Failed its Signatory Obligations b. 1980: Incorporation of the... 2022
Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa EVALUATING LEGAL NEEDS 36 Notre Dame Journal of Law, Ethics & Public Policy 175 (2022) This article is the first to explore legal needs in the Rio Grande Valley of Texas--a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often... 2022
Janet H. Vo FIGHTING ANTI-ASIAN HATE: COMMUNITY-BASED SOLUTIONS BEYOND PROSECUTIONS AND THE CYCLE OF VIOLENCE 66 Boston Bar Journal 23 (2022) More than a year after the murder of six female Asian workers at an Atlanta spa, many members of the Asian American community still live in fear of hate-motivated violence. The FBI's 2020 data already reflected a 73 percent increase in hate-motivated crimes against Asian Americans, but after the Atlanta shootings in March 2021, one third of Asian... 2022
Khiara M. Bridges FOREWORD: RACE IN THE ROBERTS COURT 136 Harvard Law Review 23 (November, 2022) C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of... 2022
Evelyn Atkinson FRANKENSTEIN'S BABY: THE FORGOTTEN HISTORY OF CORPORATIONS, RACE, AND EQUAL PROTECTION 108 Virginia Law Review 581 (May, 2022) This Article highlights the crucial role corporations played in crafting an expansive interpretation of the Fourteenth Amendment. Exposing the role of race in the history of the constitutional law of corporate personhood for the first time, this Article argues that corporations were instrumental in laying the foundation of the Equal Protection... 2022
Nicholas Warren GINGLES UNRAVELED: HISPANIC VOTING COHESION IN SOUTH FLORIDA 2 North Carolina Civil Rights Law Review 1 (Spring, 2022) The Voting Rights Act protects the ability of racial and language minority groups to elect candidates of choice by prohibiting states and localities from diluting those groups' votes when drawing electoral districts. e Fair Districts provisions of the Florida Constitution include a similar ban on vote dilution, plus further protections against... 2022
Shirin Sinnar HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE 110 California Law Review 489 (April, 2022) Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... 2022
Ilya Somin HOW JUDICIAL REVIEW CAN HELP EMPOWER PEOPLE TO VOTE WITH THEIR FEET 29 George Mason Law Review 509 (Winter, 2022) Abstract. For decades, critics of judicial review have argued that it inhibits the will of the people, expressed through laws and regulations enacted by democratically elected officials. Thus, they contend, it should be used sparingly, or perhaps even not at all. This critique implicitly assumes that the political freedom of the people is best... 2022
Medha D. Makhlouf , Patrick J. Glen IMMIGRATION REFORMS AS HEALTH POLICY 15 Saint Louis University Journal of Health Law & Policy 275 (2022) The 2020 election, uniting control of the political branches in the Democratic party, opened up a realistic possibility of immigration reform. Reform of the immigration system is long overdue, but in pursuing such reform, Congress should cast a broad net and recognize the health policies embedded in immigration laws. Some immigration laws undermine... 2022
Nina Farnia IMPERIALISM IN THE MAKING OF U.S. LAW 96 Saint John's Law Review 131 (2022) [C]onsider the differences between the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs. That there are differences between them, and that these differences are fundamental, may not be doubted, Justice Sutherland instructed in United States v. Curtiss-Wright Export... 2022
Brett Whitley IMPORTING INDIAN INTOLERANCE: HOW TITLE VII CAN PREVENT CASTE DISCRIMINATION IN THE AMERICAN WORKPLACE 75 Arkansas Law Review 163 (2022) If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem. --Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the Untouchables. Most Hindus view Dalits as belonging to the lowest rung in the ancient... 2022
Hannah Haksgaard INCLUDING UNMARRIED WOMEN IN THE HOMESTEAD ACT OF 1862 67 Wayne Law Review 253 (Winter, 2022) Abstract. 253 I. Introduction. 254 II. The Context for the Debate. 261 A. American Policy on the Distribution of Public Lands. 261 B. Unmarried Women's Legal Rights. 266 III. Congressional Debate Leading to the Homestead Act of 1862. 270 A. The Twenty-Eighth Congress: 1843-1845. 273 B. The Twenty-Ninth Congress: 1845-1847. 273 C. The Thirtieth... 2022
Scott Titshaw INHERITING CITIZENSHIP 58 Stanford Journal of International Law 1 (Winter, 2022) Most of us become citizens at birth based either on our birthplace or our parents' citizenship status. Over thirty countries recognize birthplace citizenship, but inherited citizenship is nearly universal. Such universal legal rules are rare, and they are particularly remarkable in the context of citizenship, where state sovereignty is near its... 2022
Cassandra Burke Robertson , Irina D. Manta INTEGRAL CITIZENSHIP 100 Texas Law Review 1325 (June, 2022) Does the Constitution's promise of birthright citizenship to all born in the United States cover the United States Territories? Residents of the Territories have regularly sought judicial recognition of their equal birthright citizenship under the Fourteenth Amendment, most recently in some prominent cases reaching federal appellate courts. When... 2022
Luz E. Herrera , Pilar Margarita Hernández, Escontrías, Ph.D. LATINXS RESHAPING LAW & POLICY IN THE U.S. SOUTH 31 Southern California Review of Law & Social Justice 1 (Winter, 2022) This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this... 2022
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