| Author | Title | Citation | Summary | Year |
| Claire R. Thomas |
THE SO-CALLED STATELESS: FIRM RESETTLEMENT, AFRICAN MIGRANTS, AND HUMAN RIGHTS VIOLATIONS IN MEXICO |
32 Boston University Public Interest Law Journal 43 (Winter, 2023) |
Prologue. 45 Introduction. 45 I. Extracontinental Migration through Mexico: Lived Experiences in 2015 and 2019. 49 II. Trump Administration Changes Impacting ExtraContinental Asylum-Seekers, Continuing Under the Biden Administration. 53 A. United States. 53 B. Mexico. 56 1. Mexican National Guard and Increased Detention. 56 2. Pre-June 2019... |
2023 |
| Lauren Hodges |
THE STATE OF DISABILITY-BASED ASYLUM CLAIMS UNDER CURRENT (AND REINTERPRETED) LAW: ASSESSING VIABILITY THROUGH DISABILITY STUDIES FRAMEWORKS |
37 Georgetown Immigration Law Journal 291 (Winter, 2023) |
Throughout history, societies all over the world--including the United States--have viewed persons with disabilities a group, and often, subjected that group to discrimination, marginalization, and outright violence. Disabled individuals may find protection from these injustices in the United States, and in some cases, existing U.S. asylum law can... |
2023 |
| Ana Clavijo |
THE SYSTEMIC DISCRIMINATION AND MISINTERPRETATION OF MENTAL DISORDERS AND THEIR CONTINUING EFFECTS ON IMMIGRATION STATUS |
19 Journal of Health & Biomedical Law 306 (2023) |
Eighty-seven percent of American adults believe that mental health disorders [are] nothing to be ashamed of. Even so, archaic statutory mental health exclusions are still very much alive within the U.S. immigration system. The Immigration and Nationality Act (INA), one of the primary sources of immigration law, lists numerous grounds of... |
2023 |
| Karin Mika |
THE UNITED STATES AND THE NEED FOR AN IMPROVED GLOBAL CITIZENSHIP IN THE TWENTY-FIRST CENTURY: HOW HISTORY SHAPED OUR IDENTITY AS A NATION |
72 Cleveland State Law Review 25 (2023) |
This Article describes how accidents of geography and history enabled the United States to become the global power that it has become. It examines how the extended warring in Europe during the Eighteenth and Nineteenth century allowed the United States to develop as a country without the repeated necessity of continually rebuilding, as was... |
2023 |
| Joana Jankulla |
THE UNITED STATES CAN PROTECT THOSE WHO SUFFER HUMANITARIAN EMERGENCIES: HOW AND WHY IMMIGRATION POLICY SHOULD BE AMENDED TO ASSIST CRISIS MIGRANTS |
57 New England Law Review 237 (Spring, 2023) |
In times of humanitarian crisis, migration ensues. This migration is often a result of multiple factors that have built up over time and exploded during a pivotal moment. In the summer of 2021, Haiti suffered multiple humanitarian emergencies: a presidential assassination, an earthquake, and a tropical storm. While these crises caused an uptick in... |
2023 |
| Naimul Muquim |
THE URDU-SPEAKING COMMUNITY OF BANGLADESH: FORGOTTEN DENIZENS OR PUTATIVE CITIZENS? |
37 Emory International Law Review 689 (2023) |
The Urdu-speaking community in Bangladesh, commonly known as the Biharis or Stranded Pakistanis, has been living in distressing circumstances. Despite the Supreme Court of Bangladesh declaring Urdu-speakers citizens of the country in 2008, there continues to be challenges related to their integration prospects. The community still faces... |
2023 |
| Sarah J. Adams-Schoen |
THE WHITE SUPREMACIST STRUCTURE OF AMERICAN ZONING LAW |
88 Brooklyn Law Review 1225 (Summer, 2023) |
When I began this research project in the summer of 2021, those who lived in the predominantly Black neighborhood where I grew up -- Portland, Oregon's Cully neighborhood--experienced a catastrophic and unprecedented heat wave at temperatures as much as 25°F higher than those who lived in Portland's restrictive, amenity rich single-family... |
2023 |
| Amanda Katapang |
THIS ARTICLE IS CONSIDERED TERRORISM IN THE PHILIPPINES: THE ROLE OF PEOPLE'S LAWYERS IN CLASS STRUGGLE |
26 CUNY Law Review 171 (Winter, 2023) |
I. Introduction. 172 II. The Role of Direct Services Lawyering in a People's Movement. 176 III. Crossing Mountains and Seas: Fighting for Liberation at Home and Abroad. 178 A. Colonial Exploitation to Neoliberal Labor Export. 178 B. Filipino Labor: A Cheap Export by Design. 180 1. Filipino Migrant Workers Generally. 182 2. J-1 Workers. 184 3.... |
2023 |
| Anna Arons |
THOMPSON v. CLARK AND THE "REASONABLE" POLICING OF MARGINALIZED FAMILIES |
47 New York University Review of Law and Social Change 221 (2023) |
This Article uses the experience of Larry Thompson, the plaintiff in Thompson v. Clark, 142 S. Ct. 1332 (2022), to examine the absence of privacy for poor families, particularly poor Black, Latinx, and Native families, in the United States. Mr. Thompson may end up remembered in legal history as a victor, as the Supreme Court lowered the barriers to... |
2023 |
| Shiv Narayan Persaud |
TOWARDS AN UNDERSTANDING OF CRITICAL RACE THEORY: DISPELLING FALSE CLAIMS AND MISREPRESENTATIONS |
18 University of Massachusetts Law Review 79 (Winter, 2023) |
The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is... |
2023 |
| Shani Mahiri King , Nicole Silvestri Hall |
TRACING THE ROOTS OF A POISONOUS TREE: ON THE ORIGINS AND IMPACT OF CRIMINAL TERMINOLOGY IN A CIVIL APPREHENSION SCHEME |
53 New Mexico Law Review 255 (Summer, 2023) |
Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived outsiders are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor... |
2023 |
| Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds |
TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD |
46 Harvard Journal of Law & Gender 1 (Winter, 2023) |
I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... |
2023 |
| Christopher R. Green |
TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS |
127 Penn State Law Review 643 (Summer, 2023) |
The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... |
2023 |
| Olive Lee |
TWO HOOLIGANS FOREVER BARRED: WHEN THE IMMATERIAL BECOMES MATERIAL |
91 George Washington Law Review 1009 (August, 2023) |
As victims of persecution, war, and forcible displacement, refugees and asylees are unprotected by their own governments and depend on the compassionate response of others. The United States asylum system, in support of international human rights efforts and humanitarian ideals, offers protection to those fleeing persecution. However, asylum... |
2023 |
| L. Darnell Weeden |
UNDOCUMENTED IMMIGRANT RESIDENTS HAVE A LIMITED CONSTITUTIONAL RIGHT TO A LIMITED OFFICIAL DRIVER'S LICENSE |
66 Howard Law Journal 643 (Spring, 2023) |
The issue to be addressed is whether undocumented resident immigrants who entered the United States illegally should be granted a limited suspect classification when seeking a state driver's license. Steven A. Camarota, the director of research at the Center for Immigration Studies, and Karen Zeigler, a demographer at the Center for Immigration... |
2023 |
| Lindsay Sain Jones , Goldburn P. Maynard, Jr. |
UNFULFILLED PROMISES OF THE FINTECH REVOLUTION |
111 California Law Review 801 (June, 2023) |
While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address... |
2023 |
| Lindsay F. Wiley |
UNIVERSALISM, VULNERABILITY, AND HEALTH JUSTICE |
70 UCLA Law Review Discourse 204 (5/27/2023) |
This Essay responds to two recent articles which, on the surface, appear to pull the health justice movement in different directions: Angela Harris and Aysha Pamukcu's The Civil Rights of Health and Martha Albertson Fineman's Vulnerability and Social Justice. As a framework for health law scholarship and advocacy, health justice emphasizes... |
2023 |
| Sarah Ganty , Dimitry V. Kochenov , Suryapratim Roy |
UNLAWFUL NATIONALITY-BASED BANS FROM THE SCHENGEN ZONE: POLAND, FINLAND, AND THE BALTIC STATES AGAINST RUSSIAN CITIZENS AND EU LAW |
48 Yale Journal of International Law Online 1 (2023) |
In this Essay, we demonstrate that there is no legal way under current European Union (EU, the Union) law to adopt a citizenship-based ban on entering the Schengen zone. The de facto national-level ban against Russian citizens introduced by Poland, Finland, and the Baltic States breaches EU law. Further, amending the law to allow for a... |
2023 |
| Khaled A. Beydoun , Nura A. Sediqe |
UNVEILING: THE LAW OF GENDERED ISLAMOPHOBIA |
111 California Law Review 465 (April, 2023) |
For far too long, unveiling has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article... |
2023 |
| Haylee R. Bunner |
VAGUE MADE VOGUE: THE UNCONSTITUTIONALITY OF THE PARTICULARLY SERIOUS CRIME BAR |
54 Columbia Human Rights Law Review 999 (Spring, 2023) |
C1-2Table of Contents Introduction. 1002 I. The Evolution of the Particularly Serious Crime Bar and the Void for Vagueness Doctrine. 1006 A. The Current State of the Particularly Serious Crime Bar. 1006 1. Evolution of the Particularly Serious Crime Bar. 1008 2. Adjudicatory Evolution of the Particularly Serious Crime Bar Post-IIRIRA. 1019 B. The... |
2023 |
| Nathan Virag, Esq. |
VBF GRANTEE SPOTLIGHT: THE ASSOCIATION OF AFRICANS LIVING IN VERMONT |
48-WTR Vermont Bar Journal 40 (Winter, 2023) |
The Association of Africans Living in Vermont (AALV) is a nonprofit organization in Burlington that provides various free services to refugees and new Americans. The mission of the organization is to promote equal opportunity, dignity, and self-sufficiency for all refugee and immigrant individuals and families in Vermont. The AALV provides are... |
2023 |
| Anna Henson |
VIRTUAL WHAC-A-MOLE: ADDRESSING THE PATCHWORK REGULATION OF ONLINE HATE SPEECH |
31 Michigan State International Law Review 115 (2023) |
This note will discuss hate speech, why it's dangerous, and how it can spread without being detected. This leads to the exploration of existing international, national, and company regulations regarding online hate speech, the identification of holes and inadequacies, and ultimately suggestions for moving forward in a digital age. The note... |
2023 |
| Federica Dell'Orto, Judith Wood |
WAIVERS OF INADMISSIBILITY REQUIREMENTS AND THEIR IMPACT ON APPLICANTS FOR ADJUSTMENT OF STATUS |
2023 Federal Lawyer 10 (2023) |
Adjustment of status is the process of applying for lawful permanent residency in the United States, a process which allows transition from being a non-immigrant visa holder or a foreign national without status to lawful permanent residency. Adjusting status is an option available to only a few categories of people, amongst those: certain relatives... |
2023 |
| Duane Rudolph |
WE HAVE THE RIGHT TO PLAY |
26 University of Pennsylvania Journal of Law and Social Change 369 (2023) |
Abstract. This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River... |
2023 |
| Gregory Ablavsky , W. Tanner Allread |
WE THE (NATIVE) PEOPLE?: HOW INDIGENOUS PEOPLES DEBATED THE U.S. CONSTITUTION |
123 Columbia Law Review 243 (March, 2023) |
The Constitution was written in the name of the People of the United States. And yet, many of the nation's actual people were excluded from the document's drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities' roles as... |
2023 |
| Tori DeLaney |
WHAT DO WE DO WITH YOU: HOW THE UNITED STATES USES RACIAL-GENDERED IMMIGRANT LABOR TO INFORM ITS IMMIGRANT INCLUSION-EXCLUSION CYCLE |
92 University of Cincinnati Law Review 206 (10/20/2023) |
The United States has constructed and continues to enforce gender, race, and labor assumptions through the Immigration and Nationality Act's (INA) deportation rules. The United States crafted its immigration laws to be flexible enough to lean on and vilify immigrant labor depending on the nation's labor needs. Modern enforcement of the INA's... |
2023 |
| Sophia Brill , Senior Counsel to the Assistant Attorney General for National Security , National Security Division |
WHAT IS DOMESTIC TERRORISM AND WHY DOES THE DEFINITION MATTER? |
71 Department of Justice Journal of Federal Law and Practice 7 (August, 2023) |
In recent years, U.S. law enforcement and intelligence agencies have reported a steady rise in threats from domestic terrorists and domestic violent extremists. The number of Federal Bureau of Investigation (FBI) investigations of suspected domestic violent extremists more than doubled between 2020 and 2021, in large part due to the January 6, 2021... |
2023 |
| Erika K. Wilson |
WHITE CITIES, WHITE SCHOOLS |
123 Columbia Law Review 1221 (June, 2023) |
Across the country, violent tactics were employed to create and maintain all-white municipalities. The legacy of that violence endures today. An underexamined space in which that violence endures is within school districts. Many school district boundary lines encompass geographic areas that were created as whites-only municipalities through both... |
2023 |
| Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod |
WHY CRIMINAL DEFENDANTS COOPERATE: THE DEFENSE ATTORNEY'S PERSPECTIVE |
117 Northwestern University Law Review 1351 (2023) |
Abstract--Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation... |
2023 |
| Sonia M. Suter , The George Washington University Law School, Washington, DC, USA |
WHY REASON-BASED ABORTION BANS ARE NOT A REMEDY AGAINST EUGENICS: AN EMPIRICAL STUDY |
10 Journal of Law & the Biosciences 1 (January-June, 2023) |
In Box v Planned Parenthood, Justice Thomas wrote an impassioned concurrence describing abortions based on sex, disability or race as a form of modern-day eugenics'. He defended the challenged Indiana reason-based abortion (RBA) ban as a necessary antidote to these practices. Inspired by this concurrence, legislatures have increasingly enacted... |
2023 |
| David J. Kerastas |
WON'T YOU STAY? ASYLUM FRAUD AND RETURN TO THE COUNTRY OF NATIONALITY |
14 George Mason International Law Journal 54 (Fall, 2023) |
Criminal investigations have shown that the U.S. asylum program is highly vulnerable to fraud. Asylum fraud poses a substantial threat to the program because it crowds out genuine asylees and increases public skepticism of a scarce political resource. So far, U.S. Citizenship and Immigration Services (USCIS) and the Immigration Courts have relied... |
2023 |
| Catherine Kannam |
YOU'RE ON YOUR OWN, KID: THE PLIGHT OF UNACCOMPANIED MINORS WITHOUT REPRESENTATION IN IMMIGRATION COURT |
32 Boston University Public Interest Law Journal 207 (Summer, 2023) |
Abstract. 209 Introduction. 209 I. Legal Background. 212 A. The Data: Unaccompanied Minors in Uncharted Territory. 212 B. How the Immigration System Works in Reality for Unaccompanied Minors. 215 C. The Treatment of Minors in Immigration Court vs. Juvenile Court: The Undeniable Disparity. 216 D. Where We Were: The Trump Administration. 220 E. Where... |
2023 |
| Shikha Silliman Bhattacharjee |
ZONES OF COMPOUNDED INFORMALITY: MIGRANTS IN THE MEGACITY |
46 PoLAR: Political and Legal Anthropology Review 226 (November, 2023) |
This paper introduces the term zones of compounded informality to demarcate locations wherein regulatory exclusions in distinct domains interact to escalate the impact of exclusions for people who live and work in these areas. Based upon a study of India's Delhi, National Capital Region (Delhi-NCR), I explain how the interaction of flexible... |
2023 |
| Benjamin Gonzalez O'Brien |
"A VERY GREAT PENALTY": MEXICAN IMMIGRATION, RACE, AND 8 U.S.C. § 1326 |
37 Maryland Journal of International Law 39 (2022) |
On August 18th, 2021, Chief U.S. District Judge Miranda Du found that 8 U.S.C. § 1326, which criminalizes undocumented reentry, was unconstitutional due to the racial animus that motivated its passage, making it a violation of the Equal Protection Clause of the Fifth Amendment. Her opinion in United States vs. Gustavo Carrillo-Lopez marks an... |
2022 |
| Kylee Verrill |
"COLLATERAL" DAMAGE: IMPLICATIONS OF THE ZERO-TOLERANCE POLICY ON IMMIGRATION |
25 Quinnipiac Health Law Journal 333 (2022) |
Introduction. 335 I. The Fundamentals of U.S. Immigration Law. 335 II. Executive Influence and the Zero-Tolerance Policy. 337 III. Discussion. 341 a. The Zero-Tolerance Policy and the Principles of Immigration Law. 341 b. The Zero-Tolerance Policy and Sociological Issues. 342 c. The Zero-Tolerance Policy and Psychological Trauma. 343 d. Migrant... |
2022 |
| Walter I. Gonçalves, Jr. |
"HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS |
59 American Criminal Law Review 293 (Spring, 2022) |
Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... |
2022 |
| Leslie C. Levin |
"THIS IS NOT NORMAL": THE ROLE OF LAWYER ORGANIZATIONS IN PROTECTING CONSTITUTIONAL NORMS AND VALUES |
69 Washington University Journal of Law & Policy 173 (2022) |
Lawyer organizations in the United States perform a range of functions. Some are essentially social clubs that provide networking opportunities for lawyers. Others help their members stay up to date on changes in the law and provide other educational and material benefits. Through these efforts, lawyer organizations often serve as a site where... |
2022 |
| Tom I. Romero, II |
A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST |
2022 Utah Law Review 751 (2022) |
Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... |
2022 |
| Kara Hartzler |
A FREE PASS ON RACISM: IMMIGRATION AND THE EQUAL PROTECTION DOCTRINE |
37 Maryland Journal of International Law 1 (2022) |
Imagine that in 2023, a new Congress wants to stop Black and Brown people from legally immigrating to the United States. Legislators give speeches on the House and Senate floors complaining about the infusion of negro slave blood. They openly claim that the Mexican peon is poisoning the American citizen. They refer to Black and Brown... |
2022 |
| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
| Steven Sacco |
ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY |
36 Georgetown Immigration Law Journal 693 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... |
2022 |
| Nermeen S. Arastu |
ACCESS TO A DOCTOR, ACCESS TO JUSTICE? AN EMPIRICAL STUDY ON THE IMPACT OF FORENSIC MEDICAL EXAMINATIONS IN PREVENTING DEPORTATIONS |
35 Harvard Human Rights Journal 47 (Spring, 2022) |
Year after year, the United States has remained the world's largest recipient of humanitarian-based immigration applications. Those seeking protection here must navigate a backlogged and increasingly restrictive system, oftentimes without access to counsel. Most individuals applying for humanitarian relief must prove that they survived egregious... |
2022 |
| Sadie M. Casamenti |
ACTS OF JUSTICE: RESTORING JUSTICE FOR IMMIGRANTS THROUGH STATE PARDONS |
43 Cardozo Law Review 2473 (August, 2022) |
C1-2Table of Contents Introduction. 2474 I. Background. 2479 A. Plenary Power and the Erosion of Federal Exclusivity Over Immigration. 2479 1. Traditional Understandings of Plenary Power. 2479 2. The Shift from Plenary Power to the Recognition of State Authority in Protecting Immigrants. 2481 B. Pardon Powers and State Sovereignty. 2483 1. Origins... |
2022 |
| Cyra Akila Choudhury , Shruti Rana |
ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY |
51 Southwestern Law Review 287 (2022) |
To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... |
2022 |
| Bill Ong Hing |
ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS |
9 Belmont Law Review 357 (Spring, 2022) |
Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... |
2022 |
| Ashley Albert , Amy Mulzer |
ADOPTION CANNOT BE REFORMED |
12 Columbia Journal of Race and Law 1 (July, 2022) |
I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... |
2022 |
| Gabriela Vasquez |
AMERICAN EXCLUSION DOCTRINE: A RESPONSE TO LIBERAL DEFENSES OF STARE DECISIS |
28 National Black Law Journal 1 (2022) |
Stare decisis has long been considered a conservative doctrine. Yet, in recent years, liberals have taken up a defense of the legal principle in efforts to preserve key liberal precedents. Despite the existing critiques of stare decisis as oppressive, political, and inconsistent, advocates along the entire political spectrum continue to claim its... |
2022 |
| Anna Arons |
AN UNINTENDED ABOLITION: FAMILY REGULATION DURING THE COVID-19 CRISIS |
12 Columbia Journal of Race and Law 1 (4-Apr-22) |
In a typical year, New York City's vast family regulation system, fueled by an army of mandated reporters, investigates tens of thousands of reports of child neglect and abuse, policing almost exclusively poor Black and Latinx families even as the government provides those families extremely limited support. When the City shut down in the wake of... |
2022 |
| Peter H. Huang |
ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY |
16 FIU Law Review 669 (Spring, 2022) |
This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... |
2022 |
| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |