Karen Korematsu Carrying on Korematsu: Reflections on My Father's Legacy 9 California Law Review Online 95 (January, 2020) Five months before he passed away, my father, Fred Toyosaburo Korematsu, gave me a charge: continue his mission to educate the public and remind people of the dangers of history. At that time, I was running my commercial interior design firm. I was far from a public speaker, educator, and civil rights advocate. However, for the previous four years... 2020
Sheldon A. Evans Categorical Nonuniformity 120 Columbia Law Review 1771 (November, 2020) The categorical approach, which is a method federal courts use to categorize which state law criminal convictions can trigger federal sanctions, is one of the most impactful yet misunderstood legal doctrines in criminal and immigration law. For thousands of criminal offenders, the categorical approach determines whether a previous state law... 2020
Nancy E. Dowd Children's Equality Rights: Every Child's Right to Develop to Their Full Capacity 41 Cardozo Law Review 1367 (April, 2020) Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state,... 2020
Shanzeh Daudi Choosing Between Healthcare and a Green Card: the Cost of Public Charge 70 Emory Law Journal 201 (2020) Public charge policy has been part of the nation's infrastructure since its colonial beginnings. The policy originated as a barrier to protect taxpayers from individuals who posed a risk of becoming a charge on society, relying on public aid and governmental support. Congress last addressed the public charge statute in 1952 in the Immigration and... 2020
Mirian G. Martinez-Aranda Collective Liminality: the Spillover Effects of Indeterminate Detention on Immigrant Families 54 Law and Society Review 755 (December, 2020) This article introduces the concept of collective liminality, a shared condition of heightened threat and uncertainty experienced by immigrant detainees and their families, as they wait, caught between two possible outcomes: their loved one's (temporary or permanent) release into the US or deportation. Drawing on 2 years of ethnographic data... 2020
Jasmine B. Gonzales Rose Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection 44 New York University Review of Law and Social Change 309 (2020) Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too... 2020
Savannah Kumar Compelling Labor and Chilling Dissent: Creative Resistance to Coercive Uses of Solitary Confinement in Prisons and Immigration Detention Centers 36 Harvard Blackletter Law Journal 93 (Spring, 2020) Solitary confinement has been used for centuries as a mechanism for controlling incarcerated people. Increasingly, however, prisons and immigration detention centers are strategically administering solitary confinement specifically to compel incarcerated people to perform labor. The largely uncompensated labor of incarcerated people results in... 2020
Camille Gear Rich Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child 104 Minnesota Law Review 2375 (May, 2020) Introduction. 2377 I. Packaging Race in the ART Market. 2391 A. Packaging Gametes. 2392 B. Packaging Race. 2397 C. Packaging and Its Effect on Consumer Perceptions. 2405 1. The Re-Biologization of Race. 2406 2. Re-Instantiating Racial Categories. 2407 3. Racial Purity Rules. 2409 4. The Toxic Search for Whiteness. 2410 5. Anti-Miscegenation Ethos.... 2020
Stephen M. Feldman Court-packing Time? Supreme Court Legitimacy and Positivity Theory 68 Buffalo Law Review 1519 (December, 2020) Many progressives have decided they need to change the Supreme Court to break the conservative justices' lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing--adding justices to shift the partisan balance on the Court--to other possible... 2020
Marisol Orihuela Crim-imm Lawyering 34 Georgetown Immigration Law Journal 613 (Spring, 2020) C1-2Table of Contents Introduction. 614 I. The Rise of Crim-Imm. 616 II. Lawyering Theory in Criminal and Immigration Law. 619 A. Why Lawyering Models Matter. 620 1. Early Social Change Lawyering Scholarship. 621 2. Intentionality and Self-Reflection. 622 B. Lawyering Theory in Immigration Law. 623 1. Community Lawyering. 624 2. Movement Lawyering.... 2020
Veronika Bajt CrImmigration and Nationalist Paranoia 81 IUS Gentium 171 (2020) Abstract In recent years, European borders have become subject to augmented securitisation, surveillance and militarisation, while EU migration policies are increasingly based on exclusion and denial of migrants' rights. Migration across the globe, both in public policy debates and in everyday life of ordinary people, has increasingly become... 2020
Shoba Sivaprasad Wadhia Darkside Discretion in Immigration Cases 72 Administrative Law Review 367 (Summer, 2020) Darkside Discretion refers to a situation where the noncitizen satisfies the statutory criteria set by Congress to be eligible for remedy, but in the end, the adjudicator invokes discretion as the reason the noncitizen loses, resulting in tangible harms. Imagine a woman who arrived in the United States six months ago who meets her burden of... 2020
Rick Su Democracy in Rural America 98 North Carolina Law Review 837 (May, 2020) The conventional wisdom is that rural America has an outsized influence on American politics. Yet, rural residents increasingly feel disempowered, devalued, and divorced from the policy decisions that affect their everyday lives. This Article argues that this widespread political disaffection cannot be entirely explained by rural decline. Such... 2020
Lauren M. Ouziel Democracy, Bureaucracy, and Criminal Justice Reform 61 Boston College Law Review 523 (February, 2020) Introduction. 525 I. The Criminal Justice Reform Literature and Its Limits. 534 A. Democracy-Focused Scholarship. 534 B. Bureaucracy-Focused Scholarship. 537 II. Democracy and Bureaucracy in Criminal Justice. 540 A. The Public. 541 1. Interests and Outcomes. 543 2. Communities and Responsiveness. 545 3. Implications. 552 B. The Bureaucracy. 553 1.... 2020
Meg E. Ziegler Disabling Language: Why Legal Terminology Should Comport with a Social Model of Disability 61 Boston College Law Review 1183 (March, 2020) Abstract: The disability terminology used in the law has evolved significantly over time. This evolution has mirrored various models for treating and perceiving disability in society, from the moral model of disability as a sin to the medical model of disability as a defect to be cured. After witnessing the success of the Civil Rights Movement,... 2020
Federalist Society Panel Discrimination Against Minorities 45 University of Dayton Law Review 445 (Summer, 2020) The following is a transcript of a 2018 Federalist Society panel entitled Discrimination Against Minorities. The panel originally occurred on November 16, 2018, during the National Lawyers Convention in Washington, D.C. The panelists were: Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law; Dr. Althea Nagai,... 2020
Ann M. Eisenberg Distributive Justice and Rural America 61 Boston College Law Review 189 (January, 2020) Introduction. 191 I. Understanding Today's Rural Landscape. 201 A. Differentiating the Four Rural Americas. 202 B. Background on Chronic Rural Poverty. 204 C. Background on Rural Economic Transformation. 206 D. Rural as an Intersectional Concept. 213 II. Distributive Justice and the Rural Condition. 214 A. Theories of Distributive Justice. 215 B.... 2020
Asad Rahim Diversity to Deradicalize 108 California Law Review 1423 (October, 2020) For four decades, diversity has functioned as the dominant rationale for affirmative action. During this time, scholars have debated whether diversity should have this hegemonic hold on the policy. Central to the debate is Justice Lewis Powell's opinion in Bakke, an opinion that no other justice joined. What motivated him to turn to the diversity... 2020
Caitlin Cavanagh, Erica Dalzell , Elizabeth Cauffman , Michigan State University, University of California, Irvine Documentation Status, Neighborhood Disorder, and Attitudes Toward Police and Courts among Latina Immigrants 26 Psychology, Public Policy, and Law 121 (February, 2020) Individuals who live in disordered neighborhoods tend to view the justice system more negatively. However, some families with an undocumented member may feel compelled to remain undetected or may lack the means for suitable housing, and thus may have little choice but to live in disordered neighborhoods. The present study answers the question, does... 2020
Susan V. Koski, LP.D. , Kathleen Bantley, Esq. Dog Whistle Politics: the Trump Administration's Influence on Hate Crimes 44 Seton Hall Legislative Journal 39 (2020) I. INTRODUCTION. 39 II. SYSTEMIC PREJUDICE & HATEISMS. 41 A. African Americans and Racism. 41 B. Women and Misogynism. 43 C. LGBTQ+ and Heterosexism. 46 D. Immigrants and Nativism. 48 E. Religion, Anti-Semitism & Anti-Islamism. 50 III. HATE CRIME LEGISLATION & STATISTICS. 52 IV. THE OBAMA ADMINISTRATION. 55 V. DOG WHISTLE POLITICS: THE TRUMP... 2020
Xinge He, Emma Johnson, Lauren Katz, Blake Pescatore, Alexandra Rogers, Eva Schlitz Domestic Violence 21 Georgetown Journal of Gender and the Law 253 (2020) I. Introduction. 253 II. Current Organization of Domestic Violence Law. 255 A. Federal Laws Relating to Domestic Violence. 256 1. The Violence Against Women Act. 256 a. Immigrant Women. 260 b. LGBT Individuals. 262 c. Native Americans. 263 d. Ongoing Criticisms. 265 2. The Lautenberg Amendment. 266 3. Title IX. 269 B. State Law Relating to Domestic... 2020
Teri Dobbins Baxter Dying for Equal Protection 71 Hastings Law Journal 535 (April, 2020) When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor... 2020
Erin M. Carr Educational Equality and the Dream That Never Was: the Confluence of Race-based Institutional Harm and Adverse Childhood Experiences (Aces) in Post-brown America 12 Georgetown Journal of Law & Modern Critical Race Perspectives 115 (Fall, 2020) C1-3Table of Contents I. Introduction. 115 II. Trauma, Institutional Racism, and Cognitive Development: The Trifecta of Childhood Harm. 116 III. Educational Equality: The Dream That Never Was. 123 IV. The School-to-Prison Pipeline as the Manifestation and Perpetuation of Race-Base Adverse Childhood Experiences (ACEs). 126 V. Recommendations for a... 2020
Cecillia D. Wang Ending Bogus Immigration Emergencies 129 Yale Law Journal Forum 620 (2/15/2020) abstract. In 1944, Justice Jackson dissented in Korematsu, warning that the majority's decision would lie[] about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Seventy-five years later, President Donald Trump has picked up that doctrinal weapon. This Essay sets out three... 2020
Aziz Z. Huq Equality's Understudies 118 Michigan Law Review 1027 (April, 2020) Practical Equality: Forging Justice in a Divided Nation. By Robert L. Tsai. New York: W.W. Norton & Company, Inc. 2019. Pp. 276. $27.95. Our Republic these days is riven by divides about what equality demands of us as private and public actors. Consider just a few recent examples: Harvard University is challenged in federal court for preferring... 2020
Antonios Kouroutakis Eu Action Plan Against Disinformation: Public Authorities, Platforms and the People 53 International Lawyer 277 (2020) Democracy is a technology of governance. The spread of democracy--the so called democratization--took place progressively and in waves. According to Huntington, the first wave started in 1820, the second with the end of World War II, and the third wave in 1974. Remarkably, before the end of World War II, democracy was close to extinction as only... 2020
Kait Madsen Execution on the Ballot: Lessons for Judicial Review of Ballot Measures from the Death Penalty Referendum in Nebraska 99 Nebraska Law Review 254 (2020) C1-2TABLE OF CONTENTS I. Introduction. 255 II. Background. 257 A. Current Climate: Increased Voter-Led Ballot Measures. 257 1. Recent Trend Toward Policy Creation Through Voter-Led Ballot Measures. 257 2. Reasons for the Trend: Americans' Heightened Distrust of Government and the Political Process. 258 3. Voter-Led Ballot Measures Are Often... 2020
Tom C.W. Lin Executive Private Misconduct 88 George Washington Law Review 327 (March, 2020) Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private misconduct--when made... 2020
Cristina A. Quiñónez Exposing the American History of Applying Racial Anxieties to Regulate and Devalue Latinx Immigrant Reproductive Rights 54 University of San Francisco Law Review 557 (2020) NATIONALISTS ACT ON RACIAL ANXIETIES to oppress the reproductive rights of Latinx immigrants. The term racial anxieties refers to increased stress levels and emotions that occur when individuals interact with people of other races. Racial anxieties can affect the daily lives of individuals of all races--while some people may be subjected to... 2020
Fatma E. Marouf Extraterritorial Rights in Border Enforcement 77 Washington and Lee Law Review 751 (Spring, 2020) Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United... 2020
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