| Author | Title | Citation | Summary | Year |
| Gregory Day |
ANTITRUST FOR IMMIGRANTS |
109 Cornell Law Review 911 (May, 2024) |
Immigrants and undocumented people have often encountered discrimination because they compete against native businesses and workers, resulting in protests, boycotts, and even violence intended to exclude immigrants from markets. Key to this story is government's ability to discriminate as well: it is indeed common for state and federal actors to... |
2024 |
| Cecilia I. Morin |
ASYLUM, TITLE 42, & FEMALE FOREIGN NATIONALS |
38 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 593 (2024) |
On March 11, 2020, the World Health Organization (WHO) announced that COVID-19 was a pandemic. Nine days after the WHO's proclamation, the Centers for Disease Control and Prevention (CDC) of the U.S. Department of Health and Human Services (HHS) released an order under 42 U.S.C. § 265. The policy, also known as Title 42, restricted... |
2024 |
| Phoebe Cooper |
BARRIERS AT THE BORDER: THE IMPACT OF UNITED STATES IMMIGRATION POLICY ON MULTI-HOST SPORTING EVENTS |
31 Jeffrey S. Moorad Sports Law Journal 97 (2024) |
An estimated five billion people engaged with the 2022 World Cup, which many call the best ever FIFA World Cup. In a game that seemed to stun at every possible minute, the world saw Argentina beat France via penalty shootout, allowing Lionel Messi to make sporting history. Now, the world looks to the 2026 World Cup, which will be the first of its... |
2024 |
| George Carlo L. Clark |
BELONGING AND THE RIGHT TO BELONG |
41 Wisconsin International Law Journal 187 (Winter, 2024) |
An American Indian should be able to freely enter the United States from Canada and settle in the country. Although the Jay Treaty recognized this right as early as 1794, the legality of such passage is consumed by a quagmire of immigration law, federal bureaucracy, and underdeveloped legal regimes. The Supreme Court of Canada, however, recently... |
2024 |
| Anna C. Cincotta |
BETTER LATE THAN NEVER: CLIMATE DISPLACEMENT AND THE CASE FOR EXPANDING TEMPORARY PROTECTED STATUS |
35 Villanova Environmental Law Journal 279 (2024) |
Delmira de Jesús Cortez Barrera (Cortez) lives directly outside El Salvador's capital, San Salvador - a city home to one of the highest murder rates in the world. Despite her current urban address, Cortez's roots are agricultural; her parents worked on maize and bean plantations in a small, rural Salvadoran town called El Paste and managed to raise... |
2024 |
| Salimah Khoja , Paulina Leyva Hernandez |
BETWEEN A RIVER AND A WALL: AN IMPOSSIBLE CHOICE FOR MIGRANTS LIVING UNDER OPERATION LONE STAR AND S.B. 4 |
27 CUNY Law Review 270 (Summer, 2024) |
In 2023 the Texas legislature passed Senate Bill 4 (S.B. 4), which empowers state and local law enforcement agencies to engage in immigration enforcement by arresting and deporting migrants who are suspected of crossing the southern border. Anti-immigrant state laws like Texas's S.B. 4 and Arizona's Senate Bill 1070 (S.B. 1070) were created to... |
2024 |
| |
BOOK NOTES |
49 Law and Social Inquiry e1 (August, 2024) |
Constitutional Theory and History. 2 Criminal Justice and Social Control. 2 Criminal Justice and Social Control: Incarceration. 3 Criminal Justice and Social Control: Policing. 4 Fieldwork and Positionality. 6 Judicial Power. 6 Jurisprudence and Socio-Legal Theory. 6 Law and the Administrative State. 7 Law and Autocracy. 7 Law and Campaign Finance.... |
2024 |
| Peter Margulies |
BORDERLINE AMBIGUITY: MAJOR QUESTIONS AND IMMIGRATION LAW |
101 Denver Law Review 575 (Spring, 2024) |
Interpretive doctrines rarely spawn whole cottage industries, but the major questions doctrine is an exception. Given the ferment that the doctrine has inspired among scholars, an examination of the doctrine's relevance to immigration law is overdue. This Article provides that assessment. The major questions doctrine works best as a shorthand label... |
2024 |
| Sarah H. Paoletti , Azadeh Shahshahani |
BRIDGING THE ACCOUNTABILITY GAP: A CALL TO ACTION FOR MIGRANTS SUBJECTED TO ABUSE IN U.S. CUSTODY |
28 UCLA Journal of International Law and Foreign Affairs 71 (Fall, 2024) |
For years, immigrants held at the Irwin County Detention Center (ICDC) in the U.S. state of Georgia, and the advocates with whom they shared their experiences, raised complaints about the abusive detention conditions they were subjected to at ICDC with U.S. Immigration and Customs Enforcement (ICE), and with LaSalle Corrections, the ICE-contracted... |
2024 |
| Jaclyn Kelley-Widmer, Alisa Whitfield |
BRIDGING THE IMMIGRATION DETENTION JUSTICE GAP |
103 Oregon Law Review 119 (2024) |
Introduction. 120 I. The Right to Legal Assistance for Detained Immigrants. 125 A. Detained Immigrants Need Counsel. 125 B. Detained Immigrants Have the Right to Access to Counsel. 129 C. Detained Immigrants Cannot Exercise Their Right to Access to Counsel. 132 II. Immigration Detention Violates the Right to Access to Counsel. 133 A. Geographic... |
2024 |
| Suzanne A. Kim |
BRINGING VISIBILITY TO AAPI REPRODUCTIVE CARE AFTER DOBBS |
71 UCLA Law Review Discourse 318 (2024) |
Dobbs' impact on growing AAPI communities is underexamined in legal scholarship. This Essay begins to fill that gap, seeking to bring together an overdue focus on the socio-legal experiences of AAPI communities with examination of the effects of reversing Roe and Casey on women of color. It does so by prompting a research agenda that connects... |
2024 |
| David M. N. Garavito , Amelia Courtney Hritz , John H. Blume |
CAGED BIRDS AND THOSE THAT HEAR THEIR SONGS: EFFECTS OF RACE AND SEX IN SOUTH CAROLINA PAROLE HEARINGS |
27 University of Pennsylvania Journal of Law and Social Change 99 (2024) |
When most incarcerated persons go before the parole board, they hope that the decision whether to release them will be based on their institutional record; put differently, that the board will consider the use of opportunities available in prison, rehabilitation, and likelihood of success outside the carceral environment. However, numerous persons... |
2024 |
| Sarah M. Morris |
CARRIE-ING ON: ADVANCING JUSTICE FOR DISABLED PARENTS AFTER COLORADO'S CARRIE ANN LUCAS PARENTAL RIGHTS FOR PEOPLE WITH DISABILITIES ACT |
77 Oklahoma Law Review 195 (Autumn, 2024) |
In 2018, the Colorado legislature declared: (I) Persons with disabilities continue to face unfair, preconceived, and unnecessary societal biases, as well as antiquated attitudes, regarding their ability to successfully parent their children; (II) Persons with disabilities have faced these biases and preconceived attitudes in family and dependency... |
2024 |
| Margaret Noll |
CBP ONE AND THE DUE PROCESS RIGHTS OF ASYLUM SEEKERS AT THE THRESHOLD |
24 University of Maryland Law Journal of Race, Religion, Gender and Class 51 (Spring, 2024) |
For asylum seekers, the Southwestern border of the United States has become a mobile app, called CBP One. In the past, to begin the asylum process at the border, a migrant would approach a port of entry (POE) and indicate their intent to apply for asylum, in accord with U.S. statutes. Now, in order to seek asylum at the U.S. border, a migrant... |
2024 |
| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
| Jason A. Cade |
CHALLENGING THE CRIMINALIZATION OF UNDOCUMENTED DRIVERS THROUGH A HEALTH JUSTICE FRAMEWORK |
41 Wisconsin International Law Journal 325 (Spring, 2024) |
States increasingly use driver's license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend--state schemes that prohibit noncitizen residents from accessing driver's licenses and then impose criminal sanctions for driving without... |
2024 |
| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
| Medha D. Makhlouf |
CHARITY CARE FOR ALL: STATE EFFORTS TO ENSURE EQUITABLE ACCESS TO FINANCIAL ASSISTANCE FOR NONCITIZEN PATIENTS |
23 Houston Journal of Health Law & Policy 57 (2024) |
Abstract. 59 Introduction. 60 I. Hospital Charity Care and Community Benefits. 65 A. Hospitals as Charitable Organizations: The Basis for Tax-Exempt Status. 66 B. The Evolution of the Federal Community Benefit Standard. 70 C. New Requirements under the ACA. 71 1. Community Health Needs Assessments. 72 2. Regulation of Billing Practices and... |
2024 |
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
| Kate Jastram |
CLIMATE CHANGE AND CROSS-BORDER DISPLACEMENT: WHAT THE COURTS, THE ADMINISTRATION, AND CONGRESS CAN DO TO IMPROVE OPTIONS FOR THE UNITED STATES |
56 Case Western Reserve Journal of International Law 309 (Spring, 2024) |
Introduction. 309 Part I. 312 A. Maximizing the Potential of the Refugee Convention and Protocol. 312 B. Adopting the Cartagena Declaration Definition to Address Climate Displacement. 319 C. Expanding Complementary Protection by Accepting Non-Refoulement Obligations Under the International Covenant on Civil and Political Rights. 322 Part II. 326 A.... |
2024 |
| Karla McKanders |
CLIMATE MIGRATION |
50 Human Rights 9 (October, 2024) |
According to the United Nations High Commissioner for Refugees (UNHCR), the UN's refugee agency, more than 90 percent of the world's refugees come from countries that are the most vulnerable to climate change. The UNHCR predicts that by 2050, more than 200 million people will be forcibly displaced by extreme weather and environmental disasters,... |
2024 |
| Julia Neusner, David Cremins, Ana Cutts Dougherty, Kelsey Freeman, Rosie Lebel, Milena Díaz, Nicole Chávez |
CLIMATE-RELATED DISPLACEMENT AND U.S. REFUGEE PROTECTION |
42 UCLA Journal of Environmental Law & Policy 177 (2024) |
In an era defined by climate crises and mounting barriers to cross-border movement, this Article examines the intricate relationships between climate change, displacement, and refugee protection in the United States. Through a comprehensive analysis, incorporating insights from interviews with asylum seekers from Mexico and Central America at the... |
2024 |
| Alexandra Mallory |
CLOSING DOWN ACCESS TO ASYLUM: THE ILLEGAL MIGRATION ACT'S INCOMPATIBILITY WITH INTERNATIONAL REFUGEE LAW |
49 Brooklyn Journal of International Law 712 (2024) |
As a global community, we face a choice. Do we want migration to be a source of prosperity and international solidarity, or a byword for inhumanity and social friction? - Antonio Guterres, Secretary General of the United Nations In 2018, the United Kingdom (UK) began to observe an influx of asylum seekers arriving at its borders by crossing the... |
2024 |
| Mackenzie Heinrichs |
CLOSING THE ASYLUM GENDER GAP: WHY "AFGHAN WOMEN" IS A COMPELLING PARTICULAR SOCIAL GROUP |
57 Vanderbilt Journal of Transnational Law 1063 (October, 2024) |
Afghan women are currently experiencing unprecedented levels of oppression and violence under the Taliban's brutal regime. Many Afghan women who flee the Taliban's tyranny must then deal with the byzantine reality of seeking asylum based on gender persecution. Because gender is not explicitly protected under the 1951 Refugee Convention (the... |
2024 |
| Radhika Mongia |
COLONIALISM AND THE "RIGHT TO EXCLUDE" |
118 AJIL Unbound 198 (2024) |
A discussion of the state's right to exclude requires that we have at our disposal unambiguous understandings of what constitutes the state, who constitute its subjects/citizens, and who constitute aliens. This, however, is not the case. In fact, the reverse is more true: particular notions of the state, of subjects/citizens, and of aliens are... |
2024 |
| Jeremiah A. Ho |
COLONIZING QUEERNESS |
95 University of Colorado Law Review 889 (2024) |
This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or... |
2024 |
| Sandra B. Zellmer |
CONSERVATION AS MULTIPLE USE |
66 Arizona Law Review 467 (Summer, 2024) |
The world is facing unprecedented species extinctions, wrought in large part by climate change. Slashing greenhouse gas emissions is one crucial response to the climate/biodiversity crisis. The conservation of intact ecosystems and the life-sustaining services they provide is another. This goal will be beyond reach if conservation commitments do... |
2024 |
| Shana R. Herman |
CONSERVATION CO-GOVERNANCE AS A CURE: INVESTIGATING AOTEAROA NEW ZEALAND'S CONSERVATION CO-GOVERNANCE MODEL AS A BLUEPRINT FOR RESTORING NAVAJO SOVEREIGNTY IN MANAGING CANYON DE CHELLY |
35 Villanova Environmental Law Journal 205 (2024) |
As a result of colonization, Indigenous Peoples, globally, have historically been excluded from managing their ancestral lands and the resources they supply. This exclusion infringes on tribal sovereignty and violates treaty rights. Recently, co-management schemes have emerged in the United States in an effort to restore tribal power in managing... |
2024 |
| Connor Rasmussen |
CONSIDERATIONS FOR A MIDDLE EASTERN CONVENTION TO ENSURE THE HUMAN RIGHTS OF REGIONAL REFUGEES |
57 Vanderbilt Journal of Transnational Law 919 (May, 2024) |
In 2011, the events of the Arab Spring launched Syria into a brutal civil war that is still being waged today. This conflict has forced and continues to force many Syrians out of their homes for their own safety. News stories focus on how these refugees board rafts to try to make their way across the Mediterranean, eager to reach safety and a new... |
2024 |
| Jake Stuebner |
CONSULAR NONREVIEWABILITY AFTER DEPARTMENT OF STATE v. MUÑOZ: REQUIRING FACTUAL AND TIMELY EXPLANATIONS FOR VISA DENIALS |
124 Columbia Law Review 2413 (December, 2024) |
The visa application process is laden with discretion and reinforced by consular nonreviewability--an extensive form of judicial deference. Until recently, courts recognized a small exception to consular nonreviewability. Under this exception, courts engaged in limited review of a consular officer's decision when visa denials implicated the... |
2024 |
| Renee Nicole Allen |
CONTEXTUALIZING THE TRIGGERING EVENT: COLONIAL WHITE SUPREMACY, ANTI-BLACKNESS, AND BLACK LIVES MATTER IN ITALY AND THE UNITED STATES |
33 Minnesota Journal of International Law 1 (Spring, 2024) |
In the summer of 2020, spurred by George Floyd's murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd's death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand... |
2024 |
| Patrick J. White |
CO-STEWARDSHIP IN PRACTICE: YELLOWSTONE BISON |
47 Public Land & Resources Law Review 127 (2024) |
I. Introduction. 128 II. Indigenous People and Colonization. 130 III. Establishment of Yellowstone National Park. 133 IV. Management of Yellowstone Bison. 137 V. Federal-State-Tribal Relations. 143 VI. Moving Forward. 148 A. Conserving a Viable Population of Wild, Migratory Bison and Their Habitats. 149 B. Maintaining a Low Risk of Brucellosis... |
2024 |
| Taylor Smith |
COVID-19: A XENOPHOBIC PANDEMIC--A GUIDE TO DECREASE THE NUMBER OF HATE CRIMES DIRECTED TOWARDS ASIAN AMERICANS AND PACIFIC ISLANDERS |
25 Loyola Journal of Public Interest Law 107 (Spring, 2024) |
Once an unprecedented pandemic, COVID-19, was characterized as the Chinese Virus and the Kung Flu by former President Trump, centuries-old xenophobic attitudes and racial injustices towards Asian Americans and Pacific Islanders (AAPIs) were reignited with a dramatic increase in hate incidents and crimes. However, unlike COVID-19, there is... |
2024 |
| Margaret Hu |
CRITICAL DATA THEORY |
65 William and Mary Law Review 839 (March, 2024) |
Critical Data Theory examines the role of AI and algorithmic decisionmaking at its intersection with the law. This theory aims to deconstruct the impact of AI in law and policy contexts. The tools of AI and automated systems allow for legal, scientific, socioeconomic, and political hierarchies of power that can profitably be interrogated with... |
2024 |
| Kathleen Kim , Kevin Lapp , Jennifer J. Lee |
CRITICAL IMMIGRATION LEGAL THEORY |
104 Boston University Law Review 1515 (October, 2024) |
U.S. immigration law has always been a place for Americans to enact their many prejudices. Often, it edifies norms that exclude and subordinate noncitizens due to their race, gender, or socioeconomic status. As a result, immigration law and policy create great human suffering through actions such as separating families, excluding refugees, and... |
2024 |
| Susan Ayres |
CRITICAL RACE THEORY BANS AND THE CHANGING CANON: CULTURAL APPROPRIATION IN NARRATIVE |
30 William and Mary Journal of Race, Gender, and Social Justice 207 (Winter, 2024) |
appropriation is what novelists do. Whatever we write is, knowingly or unknowingly, a borrowing. Nothing comes from nowhere. --Margaret Drabble Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different. --T.S. Eliot the important questions about... |
2024 |
| Chiara Phillips |
DANGEROUS DISCRETION: MAKING ASYLUM RELIEF MANDATORY CONSIDERING EXTERNAL EFFECTS ON JUDGES |
8 Howard Human & Civil Rights Law Review 107 (2023-2024) |
This Note intends to critique the discretionary standard in asylum cases. As part of that critique, this Note will also explore the impact that compassion fatigue can have on judges' decisions, considering their consistent exposure to asylum seekers' traumatic and emotional stories. This Note will also examine the varied denial rates of asylum... |
2024 |
| Melodi H. Dinçer |
DATA JUSTICE READINESS: AN ABOLITIONIST FRAMEWORK FOR TECH CLINIC INTAKE |
31 Clinical Law Review 153 (Fall, 2024) |
Within two decades, the tech industry has turned most of modern life into a real-time data stream, reducing human beings into trackable datasets. Gaps in government services--including benefits administration, education, transportation, and public health--have created new market opportunities for tech companies to profit off product solutions that... |
2024 |
| William Fox |
DEATH AT THE DOOR OF RELIEF: THE CRIMINALIZATION OF HUMANITARIAN WORK AND ASYLUM |
30 Cardozo Journal of Equal Rights & Social Justice 471 (Winter, 2024) |
C1-2Table of Contents Introduction. 472 I. Background. 477 A. Federal Immigration Law. 482 B. International Human Rights. 488 II. Problem. 490 III. Proposals. 494 A. Application of Human Rights Standards. 494 B. The Establishment of More Humane Asylum Procedures. 497 C. Increase in Refugee Resettlement Efforts. 499 D. The Formation of Peacetime... |
2024 |
| Deirdre Pfeiffer , Xiaoqian Hu |
DECONSTRUCTING RACIAL CODE WORDS |
58 Law and Society Review 294 (June, 2024) |
Racism has become more covert in post-civil rights America. Yet, measures to combat it are hindered by inadequate general knowledge on what colorblind race talk says and does and what makes it effective. We deepen understanding of covert racism by investigating one type of discourse--racial code words, which are (1) indirect signifiers of racial... |
2024 |
| Zamir Ben-Dan |
DEEPLY ROOTED IN AMERICAN HISTORY AND TRADITION: THE U.S. SUPREME COURT'S ABYSMAL TRACK RECORD ON RACIAL JUSTICE AND EQUITY |
15 Alabama Civil Rights & Civil Liberties Law Review 45 (2023-2024) |
Of the three branches of government, the United States Supreme Court has shown itself to be the truest defender of white supremacy. To establish this point, this article offers an unprecedented historical account of the Supreme Court's race-related jurisprudence from 1795 to 1945. From Native American colonization and chattel slavery to Old Jim... |
2024 |
| Daniel Kees |
DEFANGING DIVERSITY: SFFA v. HARVARD AND ITS IMPLICATIONS FOR THE DIVERSITY RATIONALE IN HIGHER EDUCATION ADMISSIONS |
14 Columbia Journal of Race and Law 1023 (August, 2024) |
They don't want to realize that there is not one step, morally or actually, between Birmingham and Los Angeles. - James Baldwin, I Am Not Your Negro (2017) This article explores the jurisprudential underpinnings of the so-called diversity rationale that until recently had been considered a powerful vehicle for fostering racial diversity on elite... |
2024 |
| Jack Jones |
DEFENDING RACE-CONSCIOUS POLICY: NEW YORK STATE'S CRITERIA FOR IDENTIFYING DISADVANTAGED COMMUNITIES |
49 Columbia Journal of Environmental Law 425 (2024) |
Beginning in the 1980s, a coalition of community groups, activists, and non-profits loosely referred to as the environmental justice movement campaigned to draw awareness to the disproportionate distribution of environmental burdens to low-income communities of color. These burdens cause severely negative health impacts, reduce property values... |
2024 |
| Sheldon Bernard Lyke |
DEFENSE AGAINST THE DARK ARTS: THE DIVERSITY RATIONALE AND THE FAILED AFFIRMATIVE DEFENSE OF AFFIRMATIVE ACTION |
80 Washington and Lee Law Review 1873 (2024) |
Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight... |
2024 |
| Joshua D. Blank , Leigh Osofsky |
DEMOCRATIC ACCOUNTABILITY AND TAX ENFORCEMENT |
61 Harvard Journal on Legislation 251 (Summer, 2024) |
One of the most powerful charges that can be leveled against the IRS is that it is targeting taxpayers. Charges of political targeting have dogged the IRS for over a century, including in major controversies such as the alleged Tea Party auditing scandal in 2013. Commentators and scholars have long critiqued the IRS for focusing audit resources on... |
2024 |
| Vincent Chetail |
DEMYSTIFYING SOVEREIGNTY: TOTEM AND TABOO OF MIGRATION CONTROL IN INTERNATIONAL LAW |
118 AJIL Unbound 193 (2024) |
We all think about immigration . as the state asks us to think about it and, ultimately, as it thinks about it itself. This aphorism of the sociologist Abdelmalek Sayad seems to speak to lawyers and, in particular, international lawyers who are accustomed to thinking of immigration as a mere question of sovereignty. I contend that this... |
2024 |
| Ingrid Eagly , Steven Shafer |
DETAINED IMMIGRATION COURTS |
110 Virginia Law Review 691 (May, 2024) |
This Article traces the modern development and institutional design of detained immigration courts--that is, the courts that tie detention to deportation. Since the early 1980s, judges in detained immigration courts have presided over more than 3.6 million court cases of persons held in immigration custody, almost all men from Latin America, most... |
2024 |
| Frank Rudy Cooper |
DICTA MINES, PRETEXT, AND EXCESSIVE FORCE: TOWARD CRIMINAL PROCEDURE FUTURISM |
112 California Law Review 1007 (June, 2024) |
Scholars have recently criticized Fourth Amendment pretext doctrine for leading to more police contact with Black and Brown people and thus to racially disproportionate uses of excessive force. This Essay reveals the intersection of the Court's pretext and excessive force doctrines by unearthing their shared roots in the 1973 United States v.... |
2024 |
| Katie Eyer, Karen M. Tani |
DISABILITY AND THE ONGOING FEDERALISM REVOLUTION |
133 Yale Law Journal 839 (January, 2024) |
The Supreme Court's new federalism revolution remains one of the most important developments in recent U.S. legal history. The Court revitalized states' rights doctrines under the Tenth and Eleventh Amendments, rendering states partially or wholly immune from many types of federal litigation. Simultaneously, the Court retrenched the authority... |
2024 |
| Tania N. Valdez |
DISABILITY, RACE, AND IMMIGRATION: THE INTERSECTIONAL IMPACT OF POLICING |
65 Boston College Law Review 1981 (June, 2024) |
Introduction. 1983 I. Background. 1989 A. Key Definitions. 1989 B. The Current Mental Health Care Crisis. 1992 C. Mental Illness & Policing. 1996 1. Roots of Police Violence. 1996 2. Case Studies. 1999 3. An Introduction to Intersectionality's Effect on Policing Outcomes. 2002 II. An Overlooked Intersecting Issue: How Noncitizens with Disabilities... |
2024 |