| Author | Title | Citation | Summary | Year |
| Geoffrey Heeren |
IMMIGRATION LAW AND SLAVERY: RETHINKING THE MIGRATION OR IMPORTATION CLAUSE |
2023 Wisconsin Law Review 1125 (2023) |
The origins of immigration law are deeply connected to slavery. An examination of that connection calls the constitutional foundation for immigration law into question, alters the calculus for judicial review of federal immigration action, reframes our understanding of federalism, and lays bare the nation's exploitative dependence on immigrant... |
2023 |
| Peter Margulies |
IMMIGRATION LAW'S BOUNDARY PROBLEM: DETERMINING THE SCOPE OF EXECUTIVE DISCRETION |
74 Hastings Law Journal 679 (February, 2023) |
In immigration law, executive discretion has become contested terrain. Courts, officials, and scholars have rarely distinguished between regulatory discretion, which facilitates exclusion and removal of noncitizens, and protective discretion, which safeguards noncitizens' reliance interests. Moreover, courts have long discerned an internal-external... |
2023 |
| Fatma Marouf |
IMMIGRATION LAW'S MISSING PRESUMPTION |
111 Georgetown Law Journal 983 (May, 2023) |
The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption... |
2023 |
| |
IMMIGRATION--NATIONAL SECURITY--STATE STANDING--UNITED STATES v. TEXAS |
137 Harvard Law Review 350 (November, 2023) |
Executive discretion in federal enforcement proceedings is, perhaps, a distinctly American legal tradition. In the eighteenth century, while private litigants dominated criminal actions in England, American fidelity to separation of powers created an executive monopoly over enforcement. The very 1789 Judiciary Act that recognized those learned... |
2023 |
| Nina Farnia |
IMPERIALISM AND BLACK DISSENT |
75 Stanford Law Review 397 (February, 2023) |
Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... |
2023 |
| Cori Alonso-Yoder |
IMPERIALIST IMMIGRATION REFORM |
91 Fordham Law Review 1623 (April, 2023) |
For decades, one of the most challenging domestic policy matters has been immigration reform. Dogged by controversial notions of what makes for a desirable immigrant and debates about enforcement and amnesty, elected officials have largely given up on achieving comprehensive, bipartisan immigration solutions. The lack of federal action has led to... |
2023 |
| Jojo Annobil, Elizabeth Gibson |
IMPROVING LAWYERS & LIVES: HOW IMMIGRANT JUSTICE CORPS BUILT A MODEL FOR QUALITY REPRESENTATION WHILE EMPOWERING RECENT LAW SCHOOL AND COLLEGE GRADUATES AND THE IMMIGRANT COMMUNITIES WHOM THEY SERVE |
92 Fordham Law Review 823 (December, 2023) |
Introduction. 824 I. Building a Solution. 827 A. The Representation Crisis Before 2014. 827 B. Arriving at a Vision for Immigrant Justice Corps. 831 C. Finding Funding. 836 II. Initial Implementation. 836 A. The Inaugural Class. 837 1. Luis Mancheno, Justice Fellow. 838 2. Aseem Mehta, Community Fellow. 839 B. Host Organization Partners. 840 C.... |
2023 |
| Joseph Cauich-Tamay |
INDIGENOUS GROUPS WHO HAVE BEEN ENVIRONMENTALLY DISPLACED SHOULD BE CONSIDERED ENVIRONMENTAL ASYLEES UNDER A PARTICULAR SOCIAL GROUP |
24 Rutgers Race & the Law Review 257 (2023) |
C1-2Table of Contents I. INTRODUCTION. 257 II. CURRENT IMMIGRATION LAWS DO NOT ADEQUATELY PROTECT INDIGENOUS PEOPLE WHO HAVE BEEN ENVIRONMENTALLY DISPLACED. 264 III. LEGAL DEFINITION OF REFUGEE AND DISTINCTIONS BETWEEN ASYLEE AND REFUGEE. 267 A. Applicable Law: 8 U.S. Code § 1158. 268 B. Burden of Proof: 8 U.S. Code § 1158 (b)(1)(B)(i-iii). 269 C.... |
2023 |
| William J. Fife III , Beylul Solomon |
INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP |
32 Southern California Review of Law & Social Justice 59 (Winter, 2023) |
Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... |
2023 |
| Juan Manuel Pedroza, Anne Schaufele, Viviana Jimenez, Melissa Garcia Carrillo, Dennise Onchi- Molin |
INSURGENT CITIZENSHIP: HOW CONSUMER COMPLAINTS ON IMMIGRATION SCAMS INFORM JUSTICE AND PREVENTION EFFORTS |
37 Georgetown Immigration Law Journal 369 (Spring, 2023) |
Immigration scams in the United States target noncitizens. Noncitizens who have limited or no access to a clear path to adjust their legal status, coupled with a shortage of affordable legal services and an access to justice crisis have created the perfect terrain for profit-oriented fraudsters who thrive in moments of uncertainty. In those... |
2023 |
| Ilias Bantekas , Domna Michail |
INTEGRATION AND CITIZENSHIP OF IRREGULAR MIGRANTS IN FRONTIER STATES: A SOCIO-LEGAL APPROACH TO A HUMAN RIGHTS PROBLEM |
26 Journal of Gender, Race and Justice 1 (Winter, 2023) |
In this Article we focus on nationality as a form of citizenship in modern nation-state formation. Two major models of approaching citizenship-- civil/territorial and ethnic/genealogical--linked to two different processes of nation-state formation--jus soli and jus sanguinis--are examined. We draw from the anthropological modernist approach to... |
2023 |
| Richard Delgado , Allen Slater |
INTEREST CONVERGENCE IN IMMIGRATION LAW AND THEORY |
73 Case Western Reserve Law Review 771 (Spring, 2023) |
C1-2Contents Introduction. 772 I. Immigration Law Scholarship: A Critical Desert. 779 II. Derrick Bell's Interest-Convergence Hypothesis. 780 III. Applying Interest Convergence to Present-Day Immigration Law and Practice--Six Constituencies with a Stake in Change. 782 A. Retirees. 783 B. The Military. 785 C. Major Corporations and the Economy. 787... |
2023 |
| Olawale Ogunmodimu |
INTERNALLY DISPLACED PERSONS: ORDEALS AND ANALYSES OF THE POSSIBLE REGIMES OF LEGAL PROTECTION FRAMEWORKS |
54 Saint Mary's Law Journal 407 (2023) |
I. Introduction. 408 II. Effects of Internal Displacement on IDPs. 412 A. The Effects of Internal Displacement on the Culture of IDPs. 414 1. UNESCO's General Conceptualization of Culture. 414 B. The Effects of Internal Displacement on the Economic Potentials of IDPs. 424 C. The Effects of Internal Displacement on External Displacement: Transition... |
2023 |
| Banke Olagbegi-Oloba , Linda Strite Murnane, Mustafa Aijazuddin , Editor |
INTERNATIONAL REFUGEE LAW |
57 The Year in Review (ABA) 421 (2023) |
Refugees, asylum seekers, internally displaced persons (IDPs), and in fact, all persons on the move are fully entitled to human rights. The United Nations Declaration of Human Rights came into effect in 1948 and seeks to protect every human being regardless of their race, color, gender, language, or religion. Also, the 1951 Refugee Convention and... |
2023 |
| Leanne Aban, Elaina Rahrig, Emma Dozier, Sarah McLaughlin, Yiruo Zhang, Sydney Brinker, Mell Chhoy, Hema Gharia, Lindsay Sergi, Julia Sturges, Quinn Tassin, Cindy Yao |
INTERNATIONAL REGULATION OF SEXUAL ORIENTATION, GENDER IDENTITY, AND SEXUAL ANATOMY |
24 Georgetown Journal of Gender and the Law 595 (Annual Review 2023) |
I. Introduction. 597 II. Current State of International Law. 598 A. Yogyakarta Principles. 598 B. UN Resolutions. 599 C. International Jurisprudence. 601 D. Asylum. 601 III. Current State of Foreign Domestic Law. 602 A. Legal Obstacles Facing the LGBTI Community. 602 1. Africa. 602 a. Criminalization of Same-Sex Sexual Activity. 604 b.... |
2023 |
| Victor C. Romero |
INTERRACIAL COALITION BUILDING: A FILIPINO LAWYER IN A BLACK-WHITE COMMUNITY |
127 Dickinson Law Review 767 (Spring, 2023) |
The United States is in the midst of a political and cultural war around race and demography that goes to the heart of America's self-definition as a nation of immigrants. Heeding Eric Yamamoto's four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the... |
2023 |
| E. Tendayi Achiume , James Thuo Gathii |
INTRODUCTION TO THE SYMPOSIUM ON RACE, RACISM, AND INTERNATIONAL LAW |
117 AJIL Unbound 26 (2023) |
In 2020, the United Nations Human Rights Council held its first ever special session on systemic racism, at the request of the Africa Group, and in the wake of a historic transnational racial justice uprising. The session marked a significant shift in global attention to systemic racial subordination as a global phenomenon, with a particular... |
2023 |
| Lindsay Nash |
INVENTING DEPORTATION ARRESTS |
121 Michigan Law Review 1301 (June, 2023) |
At the dawn of the federal deportation system, the nation's top immigration official proclaimed the power to authorize deportation arrests an extraordinary one to vest in administrative officers. He reassured the nation that this immense power--then wielded by a cabinet secretary, the only executive officer empowered to authorize these... |
2023 |
| Robert W. McGee , Yanira Petrides , Wendy Gelman |
IS GENDER A SIGNIFICANT DEMOGRAPHIC VARIABLE IN JURY SELECTION? RESULTS OF A SURVEY |
46 American Journal of Trial Advocacy 369 (Spring, 2023) |
The present study is part of a larger study that examines the relationship between attitudes toward crime and various other demographic variables, including gender, race and ethnicity, age, immigration status, political party affiliation (Democrat versus Republican), position on the political spectrum (left, right, centrist), marital status,... |
2023 |
| Mutasim A. Ali |
ISRAEL'S ASYLUM REGIME: THE INCONSISTENCIES WITH NATIONAL AND INTERNATIONAL DUTIES |
31 Michigan State International Law Review 375 (2023) |
Since 2005, Israel has been a destination for refugees fleeing conflicts, repression, and political instability in some African countries, primarily Sudan, Eritrea, and western African countries. Until 2010, more than 26,000 refugees and asylum seekers entered Israel without authorization through the notorious Israeli-Egyptian borders. Due to the... |
2023 |
| Adam Crepelle |
IT SHOULDN'T BE THIS HARD: THE LAW AND ECONOMICS OF BUSINESS IN INDIAN COUNTRY |
2023 Utah Law Review 1117 (2023) |
Indian reservation economies have been in shambles for generations. Although some tribes operate successful gaming enterprises, no tribe has a vibrant private sector economy. Law and economics help explain why. Economics is the study of choices, and Indian country's complex legal rules deter businesses from investing on tribal land. After all, no... |
2023 |
| Mary Holper |
JRAD REDUX: JUDICIAL RECOMMENDATION AGAINST IMMIGRATION DETENTION |
91 George Washington Law Review 561 (June, 2023) |
There is a dire need for bail reform in the immigration detention system. Scholars have suggested a variety of recommendations to improve the manner in which immigration detention decisions are made. All of these recommendations have rested on the assumption that there is a finite pool of decisionmakers: Immigration and Customs Enforcement, the... |
2023 |
| |
JUSTICE FOR SURVIVORS OF INTIMATE PARTNER VIOLENCE CONFERENCE REPORT |
44 Columbia Journal of Gender and Law 1 (Fall, 2023) |
Domestic violence survivors seeking justice and safety in New York State's family and supreme courts often encounter a deeply flawed, poorly functioning system that exposes them and their children to further harm. On October 13 and 14, 2022, a coalition of leading nonprofit agencies that serve and advocate for survivors convened a conference in New... |
2023 |
| Michael Duchesne |
KEEPING CHILDREN WITH THEIR PARENTS: HOW U.S. IMMIGRATION LAW FAILS TO UPHOLD THE INTERNATIONAL RIGHT TO FAMILY UNITY |
32 Minnesota Journal of International Law 197 (Summer, 2023) |
There is a fundamental right to family unity based in international law which the United States is currently failing to protect. Specifically, certain U.S. immigration laws cause unnecessary separation of children from parents for extended periods of time--or even indefinitely. Although U.S. immigration laws have been historically pro-family, a... |
2023 |
| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2023 |
| Julia Simon-Kerr |
LAW'S CREDIBILITY PROBLEM |
98 Washington Law Review 179 (March, 2023) |
Abstract: Credibility determinations often seal people's fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is no stable definition of credibility in the law. Courts and agencies diverge at the most basic... |
2023 |
| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2023 |
| Evan J. Criddle |
LEGAL ORDER AT THE BORDER |
56 U.C. Davis Law Review 1503 (April, 2023) |
For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller's interactional view of law, I argue that immigration law cannot attract compliance... |
2023 |
| Davis Lovvorn |
LESSONS FROM VIETNAM: INFORMING REFUGEE POLICY IN HAITI AND AFGHANISTAN FROM POST-VIETNAM UNITED STATES POLICY |
37 Notre Dame Journal of Law, Ethics & Public Policy 299 (2023) |
On August 30, 2021, the United States ended its longest-ever war, which lasted for more than twenty years, when C-17 Globemaster military cargo planes completed their final evacuation mission from Kabul International Airport in Afghanistan's capital. The C-17 Globemaster cargo planes had not only been a familiar sight during those brief days in... |
2023 |
| Juliet P. Stumpf, Stephen Manning |
LIMINAL IMMIGRATION LAW |
108 Iowa Law Review 1531 (May, 2023) |
ABSTRACT: Liminal immigration rules operate powerfully beyond the edge of traditional law to govern the movement of people across borders and their interactions with the immigration system within the United States. This Article illuminates this body of liminal law, revealing how agencies and advocates have innovated to create widely followed... |
2023 |
| Jason A. Gillmer |
LITIGATING SLAVERY'S REACH: A STORY OF RACE, RIGHTS, AND THE LAW DURING THE CALIFORNIA GOLD RUSH |
56 Loyola of Los Angeles Law Review 499 (Spring, 2023) |
In May 1852, Charles Perkins decided he wanted his slaves back. Born in Mississippi, Charles emigrated to California in 1849 during the height of the Gold Rush. When he came, like hundreds of others from Southern states, he also brought three enslaved men with him. Following California's admission to the Union as a free state, however, Charles... |
2023 |
| Bharath Gururagavendran |
LOCATING NOVEL PROTECTIONS FOR THE TRADITIONAL KNOWLEDGE OF INDIGENOUS COMMUNITIES IN CUSTOMARY INTERNATIONAL LAW |
27 UCLA Journal of International Law and Foreign Affairs 101 (Fall, 2023) |
The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic... |
2023 |
| Eric J. Miller |
LOVING REPARATIONS |
94 University of Colorado Law Review 395 (Spring, 2023) |
Introduction. 395 I. Brief History of the Massacre. 398 II. Loving Blackness Through Reparations. 404 III. More than Economic Reparations. 407 IV. Group and Community Eligiblity. 411 Conclusion: What Does Solidarity Look Like?. 412 |
2023 |
| Dolores S. Atencio |
LUMINARIAS: AN EMPIRICAL PORTRAIT OF THE FIRST GENERATION OF LATINA LAWYERS 1880-1980 |
39 Chicana/o-Latina/o Law Review 1 (2023) |
C1-2Table of Contents Prologue. 3 Introduction. 9 I. The Luminarias Study. 13 A. Methodology. 13 B. Who is Latina? The Complex Nature of Self-Identification Inside and Outside the Latino Community. 16 C. Ethical Considerations in Categorizing Luminarias as Latinas. 22 1. Rosalind Goodrich Bates, LL.B 1926 Southwestern Law-Los Angeles, Admitted... |
2023 |
| Emlyn Medalla |
MADE FOR EXPORT: HOW U.S. AND PHILIPPINE POLICIES COMMODIFY AND TRAFFICK FILIPINO NURSES |
26 CUNY Law Review 139 (Winter, 2023) |
I. Introduction. 140 A. Author's Note on Language. 141 II. How U.S. Intervention Fabricated a System of Nurse Mass Migration. 142 A. Cheap Skilled Nurses for the Global Market: A Product of Modern Colonization. 142 B. The Philippines' Labor Export Economy: A Product of Continued Subjugation. 144 i) The Philippines' Flag Independence. 144 ii)... |
2023 |
| Denise Gilman |
MAKING PROTECTION UNEXCEPTIONAL: A RECONCEPTUALIZATION OF THE U.S. ASYLUM SYSTEM |
55 Loyola University Chicago Law Journal 1 (Fall, 2023) |
The United States treats asylum as exceptional, meaning that asylum is presumptively unavailable and is offered only in rare cases. This exceptionality conceit, combined with an exclusionary apparatus, creates a problematic cycle. The claims of asylum seekers arriving as part of wide-scale refugee flows are discounted, and restrictive policies are... |
2023 |
| Gregory Brazeal |
MARKETS AS LEGAL CONSTRUCTIONS |
91 University of Cincinnati Law Review 595 (2023) |
C1-2Contents I. Introduction. 595 II. Government Versus the Market in the Reagan Era. 601 A. The Evidence. 602 1. The Tea Party--and Richard Posner. 602 2. From Laissez Faire to Free Enterprise. 606 3. Milton Friedman, Ayn Rand, and the Freedom School. 609 4. Contemporary Testimony. 614 5. Thomas Piketty versus Mehrsa Baradaran. 621 B. A... |
2023 |
| Sara Zampierin |
MASS E-CARCERATION: ELECTRONIC MONITORING AS A BAIL CONDITION |
2023 Utah Law Review 589 (2023) |
Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals... |
2023 |
| Eduardo Grajales Gonzalez, Kelsey Quigley, Nicole Castillo, Eduardo Grajales Gonzalez, Sheila Barradas, Edgar Jaramillo, Mariana Garcia, Mariana Rivera, Alison Silva, Eduardo Gonzalez, Kalani Hawks Villafranca, Paula Amato Ruffo, Leonel Perez Nieto, Eduar |
MEXICO |
57 The Year in Review (ABA) 69 (2023) |
This article surveys significant legal developments in Mexico in 2022. In 2022, the Mexican Supreme Court addressed the constitutionality of three high-profile energy, criminal detention, and immigration policies. The decisions in these cases substantively alter Mexico's legal system, economically and politically impacting the country's public... |
2023 |
| Aashini Choksi |
MILLIONS OF MIGRANTS: IMPLEMENTING A GOVERNANCE FRAMEWORK FOR CLIMATE REFUGEES IN INDIA |
30 U.C. Davis Journal of International Law and Policy 1 (2023) |
C1-3Table of Contents I. INTRODUCTION. 2 II. CLIMATE MIGRATION IN INDIA. 5 A. Climate Change Impacts. 6 B. Climate-Induced Migration. 7 C. Effect on Human Rights. 9 III. EXISTING LEGAL PROTECTIONS FOR CLIMATE REFUGEES IN INDIA. 11 A. Constitution of India. 12 B. Judicial Decisions. 13 C. Rights-Based Protections. 16 IV. INTERNATIONAL EFFORTS TO... |
2023 |
| Ana M. Rodriguez |
MOTHER OF EXILES: HOSPITALITY & COMPREHENSIVE IMMIGRATION REFORM |
43 Journal of the National Association of Administrative Law Judiciary 232 (Spring, 2023) |
C1-2Table of Contents Introduction. 234 I. COVID-19 and Title 42's End of Asylum. 236 A. Title 42: The Trump Administration. 239 B. Title 42: The Biden Administration. 242 II. Xenophobia Cloaked in Morality, Health, and Safety. 245 A. Historic Immigration Policy Against Non-White Immigrants. 245 1. Legislation Against Chinese Immigrants. 248 2.... |
2023 |
| Kathryn Abrams |
MOVEMENT STORYTELLING AND THE TRANSFORMATION OF THE DREAMER NARRATIVE |
33 Berkeley La Raza Law Journal 31 (2023) |
Like many in this symposium, my comments address the tension reflected in the Dreamer paradigm, between the expectations of mainstream audiences, and the complex lived experience of those most affected by immigration restrictions. As Professors Abrego and Negrón-Gonzalez demonstrate in their recent anthology, We Are Not Dreamers, undocumented... |
2023 |
| Faith Zellman |
NATURAL DISASTERS AND THE GOVERNMENT'S DESTRUCTIVE RESPONSE: A HOLISTIC VIEW ON THE IMPACTS OF NONCITIZEN EXCLUSION FROM FEDERAL PUBLIC BENEFIT PROGRAMS |
52 University of Baltimore Law Review 357 (Spring, 2023) |
I. INTRODUCTION. 358 II. VULNERABLE IMMIGRANT COMMUNITIES CONSISTENTLY STRUGGLE TO ANTICIPATE AND RECOVER FROM DISASTERS. 360 III. THE FEDERAL GOVERNMENT PROVIDES RELIABLE ASSISTANCE TO CITIZENS ON THE CONDITION THAT CERTAIN ELIGIBILITY REQUIREMENTS ARE MET. 363 A. United States Welfare Law Explicitly Excludes Noncitizens from Receiving Public... |
2023 |
| Daisy J. Ramirez |
NO SOY DE AQUÍ, NI SOY DE ALLÁ: U.S. CITIZEN CHILDREN ARE PAYING THE PRICE FOR OUR NATION'S BROKEN IMMIGRATION SYSTEM |
25 Scholar: St. Mary's Law Review on Race and Social Justice 369 (2023) |
Introduction - Jasmin's Story. 371 I. Historical Framework of our Nation's Immigration Acts. 380 A. The Immigration and Nationality Act of 1965. 381 B. Immigration Reform and Control Act of 1986. 383 C. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 386 II. Why are there so many U.S. Citizen Children with Undocumented... |
2023 |
| Mishan Kara |
NONCITIZENS, MENTAL HEALTH, AND IMMIGRATION ADJUDICATION |
109 Virginia Law Review Online 162 (October, 2023) |
When a noncitizen commits a crime in the United States, they become vulnerable to the possibility of the government instigating removal proceedings against them. According to the Immigration and Nationality Act, the noncitizen can argue in their defense that the crime they committed was not particularly serious. In this particularly serious crime... |
2023 |
| Bhavani Raman , University of Toronto, Toronto, ON, Canada, E-mail: bhavani.raman@utoronto.ca |
OCEANIC MOBILITY AND THE EMPIRE OF THE PASS SYSTEM |
41 Law and History Review 565 (August, 2023) |
From the age of empires to the apartheid regime in South Africa, pass laws have defined the scope of the mobility of subjects by relying on a paper document, the pass. This essay focusses on the pass document to understand the governance of mobility in the Indian ocean. In doing so, it shows how the pass document in its various forms through many... |
2023 |
| Andrew Hammond |
ON FIRES, FLOODS, AND FEDERALISM |
111 California Law Review 1067 (August, 2023) |
In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... |
2023 |
| Maya J. Williams |
ON THE FENCE ABOUT IMMIGRATION AND OVERPOPULATION: "ENVIRONMENTALISTS" CHALLENGE DHS POLICIES ON NEPA BASIS IN WHITEWATER DRAW NATURAL RESOURCE CONSERVATION DISTRICT v. MAYORKAS |
34 Villanova Environmental Law Journal 301 (2023) |
Since the late 1990s, anti-immigration forces based on environmental concerns have been prevalent in the United States. Referred to as the greening of hate, organizations like the Sierra Club - one of the nation's most significant environmental organizations - have identified immigrants as the leading cause of overpopulation as well as urban... |
2023 |
| Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2023 |
| Shefali Milczarek-Desai |
OPENING THE PANDEMIC PORTAL TO RE-IMAGINE PAID SICK LEAVE FOR IMMIGRANT WORKERS |
111 California Law Review 1171 (August, 2023) |
Historically, pandemics have forced humans to break with the past and imagine their world anew. This one is no different. It is a portal, a gateway between one world and the next. --Arundhati Roy The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision... |
2023 |