| Author | Title | Citation | Summary | Year |
| Jonathan C. Augustine |
A Theology of Welcome: Faith-based Considerations of Immigrants as Strangers in a Foreign Land |
19 Connecticut Public Interest Law Journal 245 (Spring, 2020) |
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 the citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt . On Wednesday, August 7, 2019, United States immigration authorities raided seven food processing plants in small towns... |
2020 |
| John Witte, Jr., Robert W. Woodruff University Professor of Law; McDonald Distinguished Professor of Religion; Director, Center for the Study of Law and Religion, Emory University |
A Tribute to Frank S. Alexander |
35 Journal of Law and Religion 194 (August, 2020) |
A time of troubles, in Toynbee's words, is a period of crisis in law and values--a loss of faith in law and in the presence of principles underlying the law. Today is just such a time - the authority of law has disintegrated into lawless authority .. Cries for the protection of human life are heard in our hospitals, and in our prayers, but we are... |
2020 |
| Anna Shifrin Faber |
A Vessel for Discrimination: the Public Charge Standard of Inadmissibility and Deportation |
108 Georgetown Law Journal 1363 (April, 2020) |
Law . becomes civilized to the extent that it is self-conscious of what it is doing. C1-2Table of Contents Introduction. 1364 I. Public Charge: Now and Then. 1366 a. the current standard. 1366 1. Admission. 1367 2. Deportation. 1369 b. history of public charge. 1369 1. The Colonial Era to the Beginning of the Twentieth Century. 1370 2. The Early... |
2020 |
| Ashley Dylenski |
Abolishing Ice Is Not Enough: Using Conservative Judicial Principles to Protect Unauthorized Immigrants from a "Tyrannical Bureaucracy" |
26 Cardozo Journal of Equal Rights & Social Justice 525 (Spring, 2020) |
C1-2Table of Contents I. Abolishing ICE Alone Will Not Create a More Humane Immigration System. 531 A. Untangling the Executive Immigration Agencies & Their Functions. 531 B. How Much Process is Due to Unauthorized Immigrants?. 537 C. The Zero Tolerance Policy & Family Separations Could Still Have Happened Without ICE. 543 II.Challenging The... |
2020 |
| Marzia Barbera, Venera Protopapa |
Access to Justice and Legal Clinics: Developing a Reflective Lawyering Space Some Insights from the Italian Experience |
27 Indiana Journal of Global Legal Studies 249 (Winter, 2020) |
As stated in the introduction to this special issue, the right to access to justice is critical in a liberal state: it allows individuals to defend their interests in court and to achieve full inclusion in the political community. Nonetheless, epistemological, class, and market inequalities have historically hindered its realization. Worldwide,... |
2020 |
| Greta Byrum |
Addressing the Social Cost of Digital Transition: a New Decennial Census for 2020 |
47 Fordham Urban Law Journal 883 (June, 2020) |
Introduction. 884 I. Anticipating an Undercount: Center for Popular Democracy Action v. Bureau of the Census. 888 II. The Mechanics of Digital Transition. 890 A. Internet Self-Response (ISR) Portal. 891 B. Non-Response Follow Up (NRFU) Platform. 893 C. Imputation, Not Sampling. 893 III. Digital Equity Risks. 896 A. Digital Equity Risk Analysis. 899... |
2020 |
| Jeena Shah |
Affirming Affirmative Action by Affirming White Privilege: Sffa V. Harvard |
108 Georgetown Law Journal Online 134 (2020) |
Harvard College's race-based affirmative action measures for student admissions survived trial in a federal district court. Harvard's victory has since been characterized as [t]hrilling, yet [p]yrrhic. Although the court's reasoning should be lauded for its thorough assessment of Harvard's race-based affirmative action, the roads not taken by... |
2020 |
| Collins C. Ajibo , Miriam C. Anozie, Timothy O. Umahi, Samuel I. Nwatu |
Africa-china Investment Partnership for Development: the Downside, the Promises and a Roadmap for the Future |
15 Asian Journal of WTO & International Health Law & Policy 285 (March, 2020) |
The emergence of China as a major capital exporting country, bolstered by its policy of the Belt and Road initiative (BRI), has resulted in an unprecedented influx of Chinese investment, loan financing and infrastructure development ever recorded by a single investor in Africa. The Chinese investment straddles virtually all sectors, ranging from... |
2020 |
| Peter L. Markowitz |
After Ice: a New Humane & Effective Immigration Enforcement Paradigm |
55 Wake Forest Law Review 89 (Spring, 2020) |
In recent years, as the U.S. Immigration and Customs Enforcement Agency's (ICE) brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed... |
2020 |
| Stephen Macedo |
After the Backlash: Populism and the Politics and Ethics of Migration |
14 Law & Ethics of Human Rights 153 (November, 2020) |
Abstract: In the U.S., and elsewhere, populism has been democracy's way of shaking elites up. We can view populism in part as a revolt of the losers, or perceived losers, of globalization. Yet elites have often paid too little heed to the domestic distributive impact of high immigration and globalized trade. Immigration and globalization are also... |
2020 |
| Martin H. Malin |
Alt Labor? Why We Still Need Traditional Labor |
95 Chicago-Kent Law Review 157 (2020) |
The United States' workplace is characterized by income inequality, and there is strong evidence that the decline of collective bargaining has played a significant role in that phenomenon. There is also strong evidence that U.S. workers are experiencing a significant voice gap, i.e., a significant difference between the level of influence they... |
2020 |
| Mehwish Shaukat |
American Muslim Women: Who We Are and What We Demand from Feminist Jurisprudence |
31 Hastings Women's Law Journal 155 (Summer, 2020) |
It is time for feminist jurisprudence to recognize American Muslim women (AMW) as a distinct and agentic group. For too long, feminist discourse has victimized and objectified Muslim women. Our identities are constructed, deconstructed, and weaponized to suit third party needs; yet, our voices are rarely heard. When feminist legal theories... |
2020 |
| Gabriel Sáenz |
America's Second-class Children: an Examination of President Trump's Immigration Policies on Migrant Children and Inquiry on Justice Through the Catholic Perspective |
22 Scholar: St. Mary's Law Review on Race and Social Justice 143 (2020) |
I. Just Standard vs. Malignant Standard. 145 II. The Malignant Standard. 151 A. Brief Background on the Recent Wave of Immigrant Children Coming to the United States. 151 B. Trump's Administration Responded with Family Separation. 152 C. Trump's Administration has Undermined and Attacked Programs Designed to Help Immigrant Children in Immigration... |
2020 |
| Carrie L. Rosenbaum |
Anti-democratic Immigration Law |
97 Denver Law Review 797 (Summer, 2020) |
[I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... |
2020 |
| Tamas Dezso Ziegler |
Anti-enlightenment in International Business and Trade Law: a U.s.-- E.u. Comparison |
19 Journal of International Business and Law 162 (Spring, 2020) |
After the inauguration of Donald Trump as president of the U.S. and the success of authoritarian, far-right leaders in certain countries in the E.U., the legal framework of international trade changed drastically. This article elaborates on this phenomenon by highlighting the effect of the Western anti-Enlightenment tradition, a tradition... |
2020 |
| Monica C. Bell |
Anti-segregation Policing |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the... |
2020 |
| |
Appeals |
49 Georgetown Law Journal Annual Review of Criminal Procedure 1001 (2020) |
Jurisdiction. Federal appellate courts generally only review final decisions of the district courts. Thus, an appeal is not allowed from any decision which is tentative, informal or incomplete. In criminal matters, an appeal usually may only be taken after the district court has imposed a sentence. After a notice of appeal is filed, the district... |
2020 |
| Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy |
Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality |
71 Alabama Law Review 893 (2020) |
Introduction. 895 I. Impartiality and Disparities in Legal Outcomes. 899 A. The Equilibrium. 899 B. Implicit Judicial Biases. 903 C. Structural Biases. 912 D. Attempts to Reduce Outcome Disparities. 919 E. Reducing Disparities Through Online Proceedings?. 924 II. Empirical Study of Legal Outcomes Online and Offline: Disparities and Potential... |
2020 |
| Cynthia Willis-Esqueda, Ph.D. |
Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias |
67 UCLA Law Review 1204 (November, 2020) |
Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it... |
2020 |
| Jennifer Terrell |
Ballot Denied: Voting in the Age of Covid-19 |
34-OCT CBA Record 20 (September/October, 2020) |
During Indiana's primary election this year, held in June, Angela Horne and hermother planned to vote as they always do--by casting a ballot at their polling place. Because of safety concerns amidst the COVID-19 pandemic, however, Marion County opened only 22 polling places in this election--less than 10% of the normal amount. Angela's mother lives... |
2020 |
| Walter I. Gonçalves, Jr. |
Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions |
10 Columbia Journal of Race and Law L. 1 (2020) |
Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... |
2020 |
| Jennifer Lee Koh |
Barricading the Immigration Courts |
69 Duke Law Journal Online 48 (February, 2020) |
The nation's immigration courts are rapidly deteriorating. The American Bar Association has characterized the Department of Justice-run court system as irredeemably dysfunctional and on the brink of collapse. Historic highs in the immigration court backlog, coupled with the stridency of the federal government's immigration enforcement agenda,... |
2020 |
| Mika Galilee-Belfer |
Bdsm, Kink, and Consent: What the Law Can Learn from Consent-driven Communities |
62 Arizona Law Review 507 (Summer, 2020) |
Millions of Americans participate in consensual, mutually agreed-upon activities such as bondage, dominance, and submission--collectively referred to as BDSM or kink--yet the relationship between individual consent to such participation and consent as legally understood and defined is imperfect at best. Because the law has not proven adept at... |
2020 |
| Christopher E. Smith |
Blue Lives Matter Versus Black Lives Matter: Beneficial Social Policies as the Path Away from Punitive Rhetoric and Harm |
44 Vermont Law Review 463 (Spring, 2020) |
Introduction. 463 I. Counterreaction: Origins and Outcomes. 464 A. The Origins of Two Organizations. 464 B. The Policy Response: Punitive Laws. 467 II. Beneficial Policies: Getting Serious About Protecting and Supporting Police Officers. 470 A. Resources. 471 B. Public Policy. 474 C. Respecting Black Lives Matter. 480 Conclusion. 489 |
2020 |
| |
Book Notes |
45 Law and Social Inquiry 1185 (November, 2020) |
L1-2CONTENTS Constitutional Theory and History. 1186 Criminal Justice and Social Control: Capital Punishment. 1186 Criminal Justice and Social Control: The Carceral State. 1187 Criminal Justice and Social Control: General. 1187 Criminal Justice and Social Control: Policing. 1188 Human Rights. 1189 Islamic Law and Society. 1189 Judicial Selection.... |
2020 |
| Richard Delgado , Jean Stefancic |
Borders by Consent: a Proposal for Reducing Two Kinds of Violence in Immigration Practice |
52 Arizona State Law Journal 337 (Summer, 2020) |
We describe a new consensual theory of borders and immigration that reverses Peter Schuck's and Rogers Smith's notion of citizenship by consent and posits that borders are legitimate--and make sense--only if they are products of consent on the part of both countries on opposite sides of them. Our approach, in turn, leads to differential borders... |
2020 |
| Stewart Chang |
Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair |
42 University of Hawaii Law Review Rev. 4 (Spring, 2020) |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various... |
2020 |
| Ernesto Sagás , Ediberto Román |
Build the Wall and Wreck the System: Immigration Policy in the Trump Administration |
26 Texas Hispanic Journal of Law and Policy 21 (Spring, 2020) |
When Donald J. Trump launched his presidential bid in 2015, he promised: I will build a great, great wall on our southern border. And I will have Mexico pay for that wall. Mark my words. He often repeated this promise at campaign rallies, sparking chants of Build the wall! Build the wall! from an ecstatic crowd. However, as of early 2020,... |
2020 |
| Priscilla Mendoza |
Calentando Las Hieleras ("Warming up the Ice Boxes"): Holding For-profit, Private Detention Centers Accountable for Immigrant Detainees' Due Process Rights |
44 Thurgood Marshall Law Review 163 (Spring, 2020) |
When most people hear hieleras or iceboxes, they are probably thinking of getting ready to take out the beers, sodas, and waters to a family cookout, camping trip or any other outdoor activity. However, that is not the case when you're speaking to immigrants, immigration lawyers, and immigration activists. The latter has a much crueler meaning... |
2020 |
| Daniel G. Orenstein , Stanton A. Glantz |
Cannabis Legalization in State Legislatures: Public Health Opportunity and Risk |
103 Marquette Law Review 1313 (Summer, 2020) |
Cannabis is widely used in the United States and internationally despite its illicit status, but that illicit status is changing. In the United States, thirty-three states and the District of Columbia have legalized medical cannabis, and eleven states and D.C. have legalized adult use cannabis. A majority of state medical cannabis laws and all but... |
2020 |