Shiu-Ming Cheer Moving Toward Transformation: Abolitionist Reforms and the Immigrants' Rights Movement 68 UCLA Law Review Discourse 68 (2020) This Article discusses the criteria for abolitionist reforms and assesses whether current immigrants' rights demands move us towards a more transformative agenda, one that questions the legitimacy of the state. The Article argues that calls to invest in immigrant communities and to release immigrants from detention can be radical reforms that move... 2020
Walter I. Gonçalves, Jr. Narrative, Culture, and Individuation: a Criminal Defense Lawyer's Race-conscious Approach to Reduce Implicit Bias for Latinxs 18 Seattle Journal for Social Justice 333 (Spring, 2020) When a criminal defense attorney is assigned a case and shows up at the first court appearance, more often than not the client will be of color. Depending on the region, the client has a greater chance of being African American, Latinx, or Native American compared to white. This is true for most federal district courts in the United States. To make... 2020
Sean L. Litteral National Security at Home: Chinese Investment in U.s. Real Estate 31 Stanford Law and Policy Review 237 (2020) In recent years there has been a growing literature on the threats and opportunities presented by an emerging China. These works tend to focus on the national security and economic ramifications of a China that is propelled in part by the theft of critical information such as trade secrets, patented processes, business plans, and cutting-edge... 2020
Johnny Thach Not Far Enough: the Rising Elderly Prison Population and Criminal Justice and Prison Reform Following the First Step Act of 2018 26 Cardozo Journal of Equal Rights & Social Justice 631 (Spring, 2020) C1-2Table of Contents Introduction. 632 I. Elderly People in the Current United States Prison System. 637 A. The Rising Elderly Prison Population. 640 B. Old Age and Physical and Mental Impairments. 641 C. Non-Integration in a Correctional Setting. 643 D. Health Care and Medical Services. 644 E. Disproportionate Number of Deaths in Prison. 647 II.... 2020
Mark C. Weber Of Immigration, Public Charges, Disability Discrimination, And, of All Things, Hobby Lobby 52 Arizona State Law Journal 245 (Spring, 2020) This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration's new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related... 2020
Duane Rudolph Of Moral Outrage in Judicial Opinions 26 William and Mary Journal of Race, Gender, and Social Justice 335 (Winter, 2020) Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal... 2020
Asad L. Asad On the Radar: System Embeddedness and Latin American Immigrants' Perceived Risk of Deportation 54 Law and Society Review 133 (March, 2020) Drawing on in-depth interviews with 50 Latin American immigrants in Dallas, Texas, this article uncovers systematic distinctions in how immigrants holding different legal statuses perceive the threat of deportation. Undocumented immigrants recognize the precarity of their legal status, but they sometimes feel that their existence off the radar of... 2020
Michael D. Ramsey Originalism and Birthright Citizenship 109 Georgetown Law Journal 405 (December, 2020) The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does... 2020
Michael Molstad Our Inner Demons: Prosecuting Domestic Terrorism 61 Boston College Law Review 339 (January, 2020) Abstract: The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist... 2020
Lydia Turnage Out of Sight, out of Mind: Rural Special Education and the Limitations of the Idea 54 Columbia Journal of Law and Social Problems Probs. 1 (Fall, 2020) In 1975, the Individuals with Disabilities Education Act (IDEA) established a substantive right to free appropriate public education (FAPE) for children with special needs. Since that time, the right to FAPE has primarily been defined by--and enforced through--the IDEA's robust set of procedural safeguards and avenues for private enforcement.... 2020
Nantiya Ruan Papercuts: Hierarchical Microaggressions in Law Schools 31 Hastings Women's Law Journal L.J. 3 (Winter, 2020) It is hard to say no to the existing social and political order--and to mean it, to mean it with an everyday commitment of energy. --Dorothy Day Death by a thousand cuts. Torts lacks the status of Contracts. In this alternate universe, it is the drafting and interpreting of legal documents that is most valued in the law. As the Professors of... 2020
Matthew L.M. Fletcher Politics, Indian Law, and the Constitution 108 California Law Review 495 (April, 2020) The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not... 2020
L. Ali Khan Populist and Islamist Challenges for International Law, Written by Amos Guiora & Paul Cliteur 89-JAN Journal of the Kansas Bar Association 47 (January, 2020) 410 pages ABA Book Publishing September 3, 2019 ISBN-10: 9781641054911 Populist and Islamist Challenges for International Law is less a book and more an assemblage of stand-alone ideas on a complex and controversial topic, recognize Amos Guiora and Paul Cliteur, the lead authors. One of us lives in the Netherlands (Cliteur); one of us splits his... 2020
Alvaro M. Bedoya Privacy as Civil Right 50 New Mexico Law Review 301 (Summer, 2020) As the first U.S.-born Hispanic senator, Senator Dennis Chávez of New Mexico left a rich legacy of advocacy for civil rights and civil liberties. In this lecture, the fourth U.S. Senator Dennis Chávez Endowed Lecture on Law and Civil Rights, I explore an idea at the intersection of those two bodies of law: the right to privacy. In 2020, the... 2020
Jose Felipe Anderson Privacy, Technology and the Fourth Amendment: the Future and the Shock 29 Widener Commonwealth Law Review 43 (2020) Five decades ago, Alvin Toffler, editor of Fortune magazine, produced his master work entitled Future Shock. The nearly five-hundred page book focused on technology and how it will affect the future of our society in the information age. The book was an international bestseller. In it, Toffler dealt with the change that was coming to many aspects... 2020
Shreya Subramani Productive Separations: Emergent Governance of Reentry Labor 47 Fordham Urban Law Journal 941 (June, 2020) This ethnographic Essay critiques progressive criminal justice reforms as neoliberal technologies that devalue racialized labor within the city of New Orleans, Louisiana. It begins by describing the emergent reentry space, a proliferating network of policy and programming emerging to manage and provide services for formerly incarcerated people... 2020
Angela C. Carmella Progressive Religion and Free Exercise Exemptions 68 University of Kansas Law Review 535 (March, 2020) Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their... 2020
Kevin R. Johnson Proposition 187 and its Political Aftermath: Lessons for U.s. Immigration Politics after Trump 53 U.C. Davis Law Review 1859 (April, 2020) C1-3Table of Contents L1-2Introduction . L31861 I. Proposition 187 in Brief. 1866 A. The Proposition 187 Campaign: Racism and Nativism at Work. 1868 1. You are the Posse and SOS is the Rope.. 1870 2. The Take Over of California with Crime and Third World Cultures. 1870 3. California's Possible Annexation by Mexico. 1871 4. Those Little F... 2020
Huyen Pham Proposition 187 and the Legacy of its Law Enforcement Provisions 53 U.C. Davis Law Review 1957 (April, 2020) Passed by a wide margin of California voters in 1994, Prop. 187 is primarily remembered as a law that tried to deny state-funded health care and education to unauthorized immigrants. Far less attention has been paid to Section Four in Prop. 187 that required all law enforcement agencies (LEAs) in California to fully cooperate with federal... 2020
  Prosecutorial Discretion 49 Georgetown Law Journal Annual Review of Criminal Procedure 273 (2020) The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... 2020
Catherine L. Fisk, Diana S. Reddy Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements 70 Emory Law Journal 63 (2020) Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement's experience of being regulated by law. In this Article, we ask how refocusing... 2020
Joseph William Singer Public Rights 38 Law and History Review 621 (August, 2020) The term public rights should be made to mean something . [E]verywhere a white man can go or travel the colored man should go. Edward Tinchant Rebecca J. Scott has unearthed an instructive episode in post-Civil War history that posed a question that we are still confronting today. Do places open to the public have an obligation to serve the public... 2020
Elizabeth Brown , Inara Scott , Eric Yordy R Corps: When Should Corporate Values Receive Religious Protection? 17 Berkeley Business Law Journal 91 (2020) Introduction. 92 I. The Rise of Corporate Values and the Legal Challenges. 96 A. Brief History of Corporate Values. 97 B. Threats to Secular Brand Values. 102 1. Diversity and Inclusion. 102 2. Privacy. 104 3. Sanctuary. 105 4. Access to Reproductive Care. 105 II. When Do Values Become Religion?. 106 A. What is Religion?. 107 1. The Early Supreme... 2020
Girma Parris, PhD Race, America's Multiple Traditions, and Incorporating Immigrants in the Twenty-first Century 55 Tulsa Law Review 263 (Winter, 2020) Abigail Fisher Williamson, Welcoming New Americans? Local Governments and Immigrant Incorporation (University of Chicago Press 2018). Pp. 368. Hardcover $97.50. PaperbackK $32.50. Chris Zepeda-Millán, Latino Mass Mobilization: Immigration, Racialization, and Activism (Cambridge University Press 2017). Pp. 308. Hardcover $105.00. Paperback $29.99.... 2020
Catherine Powell Race, Gender, and Nation in an Age of Shifting Borders: the Unstable Prisms of Motherhood and Masculinity 24 UCLA Journal of International Law and Foreign Affairs 133 (Spring, 2020) C1-2Table of Contents Introduction. 134 I. Nationhood, Borders, and Fluidity. 140 II. The Welfare Cheat Narrative: Using the Race and Gender of Latina Mothers to Shift Borders Inward. 142 A. The New Welfare Queen. 143 B. Shifting the Border Inward: A New Way of Understanding the Family Separation Policy. 147 III. The Criminal and the... 2020
Khiara M. Bridges Race, Pregnancy, and the Opioid Epidemic: White Privilege and the Criminalization of Opioid Use During Pregnancy 133 Harvard Law Review 770 (January, 2020) C1-2CONTENTS Introduction. 772 Formulations of White Privilege. 778 I. The Opioid Epidemic. 785 A. Race and the Opioid Epidemic. 788 B. Pregnancy and the Opioid Epidemic. 793 II. Substance Use During Pregnancy and the Law. 798 A. Civil Systems. 798 B. Criminal Systems. 803 1. Alabama. 810 2. South Carolina. 811 3. Tennessee. 812 III. The... 2020
Elizabeth D. Katz Racial and Religious Democracy: Identity and Equality in Midcentury Courts 72 Stanford Law Review 1467 (June, 2020) Abstract. In our current political moment, discrimination against minority racial and religious groups routinely makes headlines. Though some press coverage of these occurrences acknowledges parallels and links between racial and religious prejudices, these intersections remain undertheorized in legal and historical scholarship. Because scholars... 2020
David A. Harris Racial Profiling 34-WTR Criminal Justice 10 (Winter, 2020) The beginning of 2019 marked 22 years since the introduction of the first piece of proposed legislation on racial profiling: the Traffic Stops Statistics Act of 1997, H.R. 118. Passed unanimously by the US House of Representatives in March 1998, this bill constituted the first attempt by any legislative body to come to grips with what had become... 2020
Robert L. Tsai Racial Purges 118 Michigan Law Review 1127 (April, 2020) The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... 2020
Roy L. Brooks, Warren Distinguished Professor of Law, University of San Diego School of Law Racial Reconciliation Through Black Reparations 63 Howard Law Journal 349 (Spring, 2020) A commission to study government redress for the atrocities of slavery and Jim Crow--what is popularly referred to as black reparations --is the subject of bills introduced in Congress in 2019. Most Democratic presidential contenders have also come out in support of H.R. 40, the House bill, and S.1083, the Senate bill. This puts the reparations... 2020
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