Engy Abdelkader Immigration in the Era of Trump: Jarring Social, Political, and Legal Realities 44 Harbinger 76 (4/24/2020) In 2020, immigration is proving to be an election year issue. The Trump reelection campaign is strategically leveraging it as a political narrative to win votes while further polarizing an already fractured nation along ideological and partisan lines. Indeed, a review of related public opinion surveys may prove illuminating on this score. According... 2020
Wendy E. Parmet Immigration Law as a Social Determinant of Health 92 Temple Law Review 931 (Summer, 2020) Public health research demonstrates that population health is shaped in large measure by numerous social factors, widely known as the social determinants of health. This Essay argues that immigration law acts as a social determinant that affects the health of both noncitizens and citizens. Looking at several of the Trump administration's regulatory... 2020
Juan F. Perea Immigration Policy as a Defense of White Nationhood 12 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2020) C1-3Table of Contents I. The Framers' Wish for a White America. 3 II. The Cycles of Mexican Expulsion. 5 III. Deportation and Mass Expulsion: Social Control to Keep America White. 11 2020
Charles R. Lawrence III Implicit Bias in the Age of Trump: Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York, N.y.: Viking. 2019. Pp. 340. $28.00 133 Harvard Law Review 2304 (May, 2020) We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... 2020
Nicholas Serafin In Defense of Immutability 2020 Brigham Young University Law Review 275 (2020) Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under... 2020
Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz Herrera, JoNel Newman In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters 80 Louisiana Law Review 421 (Winter, 2020) C1-2Table of Contents Introduction. 423 I. Assessing Legal Needs and Capacity Post-Disaster. 425 A. Social Injustice Is Exacerbated by Natural Disasters. 425 B. Identifying Legal Needs in Context. 428 C. Assessing Clinic Resources and Capacity. 431 II. The Ecosystem of Agencies, Law, and Resources After a Natural Disaster. 434 A. Federal Emergency... 2020
Kaylin Hawkins Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration 93 Temple Law Review 181 (Fall, 2020) Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent... 2020
Derek E. Bambauer Information Hacking 2020 Utah Law Review 987 (2020) The 2016 U.S. presidential election is seen as a masterpiece of effective disinformation tactics. Commentators credit the Russian Federation with a set of targeted, effective information interventions that led to the surprise election of Republican candidate Donald Trump. On this account, Russia hacked not only America's voting systems, but also... 2020
Amalia D. Kessler Introduction to Special Issue 15 Stanford Journal of Civil Rights & Civil Liberties 311 (June, 2020) This special issue of the Stanford Journal of Civil Rights & Civil Liberties emerges from a set of conversations here at Stanford Law School--sparked by the centennial of the Nineteenth Amendment--that also gave rise to the Stanford Center for Law and History's 2019 conference on Legal Histories and Legacies of the Nineteenth Amendment. The... 2020
Emily Ryo , Professor of Law and Sociology, USC Gould School of Law, Los Angeles, CA Introduction to the Special Issue on Immigration Detention 54 Law and Society Review 750 (December, 2020) In a recent article, I called for the development of a systematic field of study devoted to investigating the causes, conditions, and consequences of immigration detention (Ryo 2019). The two articles in this special issue are cutting-edge studies that answer that call. They leverage multiple methods to overcome enormously difficult data challenges... 2020
John Tehranian Is Kim Kardashian White (And Why Does it Matter Anyway)? Racial Fluidity, Identity Mutability & the Future of Civil Rights Jurisprudence 58 Houston Law Review 151 (Fall, 2020) With the world's most ubiquitous celebutante firmly cast in the starring role, this Article conducts an exegesis on the semiotics of Kim Kardashian's racial identity. In the process, the Article explores the social construction of race in action, weighs the individual agency possible in the racialization process, and further probes the reality of... 2020
Carlos R. Pastrana Is Your Law Firm Truly Committed to Diversity? 93-SEP Wisconsin Lawyer 28 (September, 2020) Since relocating from Puerto Rico to the United States, the author has worked at national, regional, and local firms of all sizes. Although the racial compositions and level of fluency of each of these firms on the topics of diversity and inclusion varied, they all recognized that the legal services market is changing and shared a desire to adapt... 2020
Elisa Vari Italy-libya Memorandum of Understanding: Italy's International Obligations 43 Hastings International and Comparative Law Review 105 (Winter, 2020) In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... 2020
Elisa Vari Italy-libya Memorandum of Understanding: Italy's International Obligations 43 Hastings International and Comparative Law Review 105 (Winter, 2020) In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... 2020
Kerry Martin Jail by Another Name: Ice Detention of Immigrant Criminal Defendants on Pretrial Release 25 Michigan Journal of Race and Law 147 (Winter, 2020) This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon's decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or.... 2020
Emily Ryo , Ian Peacock Jailing Immigrant Detainees: a National Study of County Participation in Immigration Detention, 1983-2013 54 Law and Society Review 66 (March, 2020) Hundreds of county jails detain immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties... 2020
Natalie Gomez-Velez Judicial Selection: Diversity, Discretion, Inclusion, and the Idea of Justice 48 Capital University Law Review 285 (Fall, 2020) Judicial selection norms are being tested in significant ways. The current President Donald J. Trump is breaking standards of governance and political discourse related to judging and the rule of law in troubling and dangerous ways. At the same time, the abandonment of years of bi-partisan approaches to judicial selection in an era of extreme... 2020
Felice Batlan, IIT-Chicago-Kent College of Law Julian Lim, Porous Borders: Multiracial Migrations and the Law in the U.s.--mexican Borderlands. Chapel Hill: University of North Carolina Press, 2017. Pp. Xv + 302. $32.50 Hardcover (Isbn 9781469635491). Doi:10.1017/s0738248020000152 38 Law and History Review 509 (May, 2020) Porous Borders is firmly situated in the interdisciplinary scholarship on borderlands and contributes to this literature by including the experiences of Chinese migrants who lived on both sides of the U.S.-Mexican border, as well as those of Mexicans, African Americans, English-speaking whites, and various First Nations peoples. Much of the first... 2020
Sunita Patel Jumping Hurdles to Sue the Police 104 Minnesota Law Review 2257 (May, 2020) Introduction. 2258 I. Police Structural Reform Litigation. 2269 A. Standing To Obtain Police Injunctions: Lyons. 2271 B. Municipal Liability: Monell. 2276 C. Class Certification: Wal-Mart Stores, Inc. v. Dukes. 2281 1. Class Certification Requirements Under Rule 23. 2282 2. Commonality Under Wal-Mart Stores, Inc.. 2283 II. Floyd v. City of New... 2020
Cass R. Sunstein Lapidation and Apology 2020 University of Chicago Legal Forum 295 (2020) Groups of people, outraged by some real or imagined transgression, often respond in a way that is wildly disproportionate to the occasion, thus ruining the transgressor's day, month, year, or life. To capture that phenomenon, we might repurpose an old word: lapidation. Technically, the word is a synonym for stoning, but it sounds much less violent.... 2020
Marisa Abrajano , Lisa García Bedolla Latino Political Participation 25 Years after the Passage of Proposition 187: Opportunities and Continuing Challenges 53 U.C. Davis Law Review 1831 (April, 2020) C1-3Table of Contents L1-2Introduction L31833 I. Can Text Messages Mobilize Voters?. 1839 II. Using Gotv Text Messages to Mobilize Latinos and Voters of Color. 1842 III. Research Design. 1845 IV. Results. 1850 L1-2Conclusion L31854 L1-2Appendix L31856 2020
Julia Hernandez Lawyering Close to Home 27 Clinical Law Review 131 (Fall, 2020) This essay incorporates ethnographic insights and narrative technique, rooted in part in Critical Race Theory and critical geography studies, to ground conversations about transformative pedagogy and praxis in the lived experiences of our students. Many of our students fight for radical social change and enter law school hoping to gain new tools... 2020
Tommaso Tani Legal Responsibility for False News 8 Journal of International Media & Entertainment Law 229 (2019-2020) In 2016 and 2017, the debate about false news reached its peak, leading several authors to a new specific legal categorization that explored a new limitation on freedom of speech. This article starts with an analysis of different frameworks (from the U.S. and Europe) that can be applied to design such limitations as well as their philosophical... 2020
Shajuti Hossain Lessons from Blackamerican Lawyers' Social Justice Advocacy for Immigrant Muslim Lawyers 24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant... 2020
Athena D. Mutua Liberalism's Identity Politics: a Response to Professor Fukuyama 23 University of Pennsylvania Journal of Law and Social Change 27 (2020) INTRODUCTION. 27 I. FUKUYAMA'S ARGUMENT, BRIEFLY OUTLINED. 28 II. RECOGNITION V. DISTRIBUTION (ECONOMIC) CLAIMS. 32 III. ORIGIN STORY: LIBERALISM'S IDENTITY POLITICS. 35 A. A Post Civil War Frame?. 37 B. Distributional Claims & Advocacy, Multiculturalism & Colorblindness. 39 C. Same Ole Economics and White Supremacy. 42 D. Political Correctness and... 2020
Nadia E. Brown , Danielle C. Lemi Life for Me Ain't Been No Crystal Stair: Black Women Candidates and the Democratic Party 100 Boston University Law Review 1613 (October, 2020) C1-2Contents Introduction. 1614 I. Black Women Candidates and Party Politics. 1617 A. Democratic Party. 1617 B. Black Women Candidates. 1620 II. Data and Methods. 1623 A. The Sample. 1623 B. The Method. 1625 III. Black Women Candidates' Experiences with the Democratic Party. 1626 A. The Democratic Party: Gatekeeping and Racial Politics. 1626 B. The... 2020
Cassandra Burke Robertson , Irina D. Manta Litigating Citizenship 73 Vanderbilt Law Review 757 (April, 2020) By what standard of proof--and by what procedures--can the U.S. government challenge citizenship status? That question has taken on greater urgency in recent years. News reports discuss cases of individuals whose passports were suddenly denied, even after the government had previously recognized their citizenship for years or even decades. The... 2020
J.S. Nelson Management Culture and Surveillance 43 Seattle University Law Review 631 (Winter, 2020) As the modern workplace increasingly adopts technology, that technology is being used to surveil workers in ways that can be highly invasive. Ostensibly, management uses surveillance to assess workers' productivity, but it uses the same systems to, for example, map their interpersonal relationships, study their conversations, collect data on their... 2020
Conor McDonough Mezei's Day in Court: Debtors' Prisons, Substance Abuse, and the Permissiveness of Civil Detention in American Immigration Law 114 Northwestern University Law Review 1631 (2020) Abstract--American immigration law mandates the civil detention of certain classes of migrants while their legal cases proceed through the courts. Due to the peculiar nature of immigration law, many migrants find themselves detained for years on end without receiving the level of due process that normally attends imprisonment. This Note draws on... 2020
Hafsa S. Mansoor Modern Racism but Old-fashioned Iied: How Incongruous Injury Standards Deny "Thick Skin" Plaintiffs Redress for Racism and Ethnoviolence 50 Seton Hall Law Review 881 (2020) To be a Negro in this country and to be relatively conscious is to be in a rage almost all the time. -James Baldwin On March 4, 2000, Delois Turner wanted a donut and a cup of coffee. Ms. Turner, a fifty-seven year old Black woman from New York, entered Nancy Wong's donut shop to purchase her pastry and beverage. Unfortunately, the donut Wong... 2020
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