Jonathan Simon The Criminal Is to Go Free: the Legacy of Eugenic Thought in Contemporary Judicial Realism about American Criminal Justice 100 Boston University Law Review 787 (May, 2020) The criminal is to go free because the constable has blundered. --Judge Benjamin Cardozo, People v. Defore Historians of the American penal state agree that eugenics--the global scientific and social movement for government managing of the racial stock of society--was a significant influence on the major wave of penal expansion that took... 2020
Hope M. Babcock The Current Role of the Environment in Reinforcing Acts of Domestic Terrorism: How Fear of a Climate Change Apocalypse May Strengthen Right-wing Hate Groups 38 Virginia Environmental Law Journal 207 (2020) Right-wing extremist organizations, like white supremacists and nativists, are using the environment as a rallying cry to gain supporters of their anti-social agendas. Apocalyptic rhetoric about climate change and the lack of action to combat it has frightened some people into accepting the simplistic, violent worldview of these groups. Although... 2020
Paul Gowder The Dangers to the American Rule of Law Will Outlast the next Election 2020 Cardozo Law Review de novo 126 (2020) According to many constitutional lawyers and political scientists, the presidential administration of Donald Trump (for scholars on the left), or the response to that presidency (for scholars on the right) poses serious dangers to American constitutional democracy and the rule of law. However, this Essay argues that a more careful understanding of... 2020
Aziz Z. Huq The Double Movement of National Origin Discrimination 87 University of Chicago Law Review 2397 (December, 2020) Jose Figueroa's case presented little out of the ordinary for the federal courts. His was a multimillion-dollar drug operation run out of Wisconsin that fell apart when a dealer and a partner flipped and gave testimony for the government. Only in the closing moments of sentencing did Figueroa's case take an unusual turn, one that would in due... 2020
Caroline Bettinger-Lopez, Jamila Flomo, Amanda Suarez The Effects of Anti-Immigrant Laws in the U.s. on Victims of Domestic Violence, Sexual Assault, and Human Trafficking: a Gender-based Human Rights Analysis 23 Harvard Latinx Law Review 17 (Spring, 2020) I. Introduction. 18 II. SB 168 Harms Immigrants and Immigrant Communities. 21 A. Recent Research and Data Reveal High Mistrust of the Police Amongst Immigrants When Local Law Enforcement Engages in Federal Immigration Enforcement. 23 B. Anti-Immigrant Laws Drain Resources and Divert Workstreams of Nonprofit Organizations Serving Victims. 26 C. SB... 2020
Michael Doran The Equal-protection Challenge to Federal Indian Law 6 University of Pennsylvania Journal of Law & Public Affairs Aff. 1 (November, 2020) This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between... 2020
Ammar Phillips, 3L CHARLESTON SCHOOL OF LAW The Fight Towards Equality in a Public School: Whether "Separate but Unequal" Remains a Reality in Today's Public- School System 14 Southern Journal of Policy and Justice Just. 3 (Fall, 2020) Over the past sixty-five years, America attempted to evolve from a segregated public-school system into an integrated one. The purpose of this paper is to discuss the still lasting effects of de jure and de facto segregation on the public-school system. The United States Supreme Court's school segregation decision in Brown v. Board of Education... 2020
Mary Holper The Fourth Amendment Implications of "U.s. Imitation Judges" 104 Minnesota Law Review 1275 (February, 2020) John Oliver, in a recent episode entitled Immigration Courts, shone a spotlight on the numerous problems with how U.S. immigration courts operate. He refuted a general misunderstanding that immigration courts sit in the judicial branch of government, rendering critical adjudicative decisions about deportation, and explained that they actually are... 2020
Marilyn L. Uzdavines The Great American Health Care System and the Dire Need for Change: Stark Law Reform as a Path to a Vital Future of Value-based Care 7 Texas A&M Law Review 573 (Spring, 2020) I. Introduction 574 II. The Health Care Crisis Moves Lawmakers to Increase Fraud and Abuse Enforcement. 578 III. Enforcement of Health Care Fraud and Abuse Laws Save Billions of Dollars in the Medicare and Medicaid Programs. 583 A. The AKS as a Tool to Combat Health Care Fraud. 585 B. The FCA as a Tool to Combat Health Care Fraud. 587 C. The Stark... 2020
Stephen M. Maurer The Healing Constitution: Updating the Framers' Design for a Hyperpolarized Society 29-SPG Kansas Journal of Law & Public Policy 173 (Spring, 2020) I . recognized that I'm going to get nothing done--nothing--unless [my Democratic opponents] . work with me and can work collaboratively. - Mitt Romney To American ears, statements that legislation requires reaching across the aisle sound self-evident. How else could one reach a majority? Conversely, the idea that democratic politics can... 2020
Andres F. Rengifo , Lee Ann Slocum The Identity Prism: How Racial Identification Frames Perceptions of Police Contact, Legitimacy, and Effectiveness 45 Law and Social Inquiry 590 (August, 2020) This article examines the role of racial identity in the configuration of opinions about the police. We argue that racial identity links social context to individual valuations of law enforcement, moderating the association between specific encounters and general views on police legitimacy and effectiveness. These propositions are assessed using... 2020
Daniel Buteyn The Immigration Judiciary's Need for Independence: Breaking Free from the Shackles of the Attorney General and the Powers of the Executive Branch 46 Mitchell Hamline Law Review 958 (July, 2020) I. Introduction. 958 II. Historical Background of Immigration Adjudication. 961 A. The Immigration Act of 1891. 961 B. The Immigration Act of 1893. 962 C. Significant Changes to Immigration Adjudication up to 1983. 963 D. The Creation of a New Agency. 965 III. Judiciary Comparisons. 967 A. Federal and State Judges. 967 B. Comparison of Immigration... 2020
Sheri Lynn Johnson The Influence of Latino Ethnicity on the Imposition of the Death Penalty 16 Annual Review of Law and Social Science 421 (2020) Latino, Hispanic, death penalty, capital punishment, Latinx With respect to African Americans, the history of racial discrimination in the imposition of the death penalty is well-known, and the persistence of racial disparities in the modern era of capital punishment is well-documented. In contrast, the influence of Latino ethnicity on the... 2020
Ingrid Eagly, Steven Shafer The Institutional Hearing Program: a Study of Prison-based Immigration Courts in the United States 54 Law and Society Review 788 (December, 2020) This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of... 2020
Astghik Hairapetian The Last Resort: Tourism Development on Garífuna Territories in Honduras Through the Lens of Structural-dynamic Intersectionality 67 UCLA Law Review 1224 (November, 2020) This Comment analyzes the gaps in protection the Garífuna have experienced both in the Inter-American Court of Human Rights (IACHR) and the U.S. asylum system, taking two cases as case studies. It argues that, in the face of increasing tourism development, the Afroindigenous Garífuna community is positioned at an intersection between the structures... 2020
Carrie F. Cordero, Heidi Li Feldman, Chimène I. Keitner The Law Against Family Separation 51 Columbia Human Rights Law Review 430 (Winter, 2020) This Article offers the first comprehensive assessment of how domestic and international law limits the U.S. government's ability to separate foreign children from the adults accompanying them when they seek to enter the United States. As early as March 6, 2017, then-Secretary of Homeland Security John Kelly told CNN's Wolf Blitzer that he was... 2020
Luke Herrine The Law and Political Economy of a Student Debt Jubilee 68 Buffalo Law Review 281 (April, 2020) The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student... 2020
Shalini Bhargava Ray The Law of Rescue 108 California Law Review 619 (June, 2020) Diverse areas of law regulate acts of rescue, often inconsistently. For example, maritime law mandates rescue, immigrant harboring law prohibits it, and tort law generally permits it but does not require it. Modern legal scholarship has focused principally on mandatory and permissive forms of rescue. With humanitarian actors facing prosecution for... 2020
Ingrid V. Eagly The Movement to Decriminalize Border Crossing 61 Boston College Law Review 1967 (June, 2020) Introduction. 1968 I. Immigration Prosecution in the Trump Era. 1974 A. Executive Orders on Immigration Crime. 1977 B. Zero Tolerance for Illegal Entry. 1982 C. Enhanced Punishment for Illegal Reentry. 1986 II. The Movement to Resist Border Criminalization. 1991 A. Ending the Forced Separation of Families. 1991 B. Protecting the Rights of Asylum... 2020
Zainab Ramahi The Muslim Ban Cases: a Lost Opportunity for the Court and a Lesson for the Future 108 California Law Review 557 (April, 2020) On January 27, 2017, newly inaugurated President Donald Trump signed an Executive Order that banned individuals from certain Muslim-majority countries from entry into the United States. The district and circuit courts' subsequent refusals to sanction the Muslim Bans offered hope to those who recognized the bans as part of a legacy of racist and... 2020
Engy Abdelkader, Judy Chu, Elica Vafaie, Khaled Beydoun The Muslim Ban Revisited: Trump V. Hawaii Two Years Later 44 Harbinger 248 (5/27/2020) From November 2019 to April 2020, the ABA Section of Civil Rights and Social Justice's Rights of Immigrants Committee hosted a six-part webinar series exploring international law, and U.S. Constitutional law. What follows is a transcript from the sixth panel of the series, which took place on April 15, 2020. The transcript has been edited for... 2020
Hiroshi Motomura The New Migration Law: Migrants, Refugees, and Citizens in an Anxious Age 105 Cornell Law Review 457 (January, 2020) L1-2Introduction . L3458 I. Immigration, Immigrants, and Civil Rights. 460 A. The Era of Explicit Discrimination. 460 B. America Changes. 463 C. The Rule of Law. 466 D. Borders With Justice, Without Racism. 471 E. The Limits of Civil Rights. 474 II. Migrants and Refugees. 479 A. Refugee Protection. 480 B. Exceptionalism Under Pressure. 483 C.... 2020
Katherine Beckett , Megan Ming Francis The Origins of Mass Incarceration: the Racial Politics of Crime and Punishment in the Post-civil Rights Era 16 Annual Review of Law and Social Science 433 (2020) mass incarceration, carceral state, racial politics, punishment This article examines the origins of US mass incarceration. Although it is clear that changes in policy and practice are the proximate drivers of the prison boom, researchers continue to explore--and disagree about--why crime control policy and practice changed in ways that fueled the... 2020
Chaz Rotenberg The Path less Traveled: Afrocentric Schools and Their Potential for Improving Black Student Achievement While Upholding Brown 47 Fordham Urban Law Journal 1173 (June, 2020) Introduction. 1174 I. A History of the Afrocentric School Movement. 1178 A. The Rise, Fall, and Reemergence of Afrocentric Schools Nationwide. 1178 i. Other Centric Schools. 1181 ii. Education Inequality in the United States. 1182 B. Afrocentric Schools in New York City. 1184 i. Rampant Inequality and Segregation in New York City Schools. 1184... 2020
F.H. Buckley The Place of Empirical Studies 95 Notre Dame Law Review 1491 (March, 2020) There is a moment in my favorite film, Jules et Jim, when Jim explains why he became a journalist: Prof Albert Sorel taught me the little I know. What do you want to be, he asked. A diplomat. Are you rich? No. Can you through legitimate means add a famous name to your own name? No. Then renounce diplomacy. But what'll I become? Curious.... 2020
Daanika Gordon The Police as Place-consolidators: the Organizational Amplification of Urban Inequality 45 Law and Social Inquiry Inquiry 1 (February, 2020) Efforts to understand racial inequality in policing often focus on the micro-level, examining the situational dynamics of police-citizen encounters. This Article explores racial inequality in policing from another angle: it asks how the police organization responds to and further constructs the surrounding urban environment. I examine a police... 2020
Edward J.W. Park The Political Formation of Korean Americans, 1992-2019: from Ethnic Politics to Managing Transnational Lives - an Interview with Professor Edward Park 27 Asian American Law Journal 19 (2020) Editorial Disclaimer: The interview transcript below is based upon, but does not exactly reflect, an interview of the author. All editorial changes have been reviewed and approved by the author. Introduction. 19 Interview Transcript. 22 Personal History. 22 The Demographics of Los Angeles. 23 Korean Americans, African Americans, and Latinos. 24 The... 2020
Virginia Sapiro The Power and Fragility of Social Movement Coalitions: the Woman Suffrage Movement to 1870 100 Boston University Law Review 1557 (October, 2020) C1-2Contents Introduction. 1558 I. Social Movement Theory and Research. 1560 II. The Nineteenth-Century Context for Movements for Enfranchisement. 1565 A. Federalism. 1566 B. The History of Enfranchisement. 1568 C. Women's Rights and Women's Status in the Nineteenth Century. 1570 D. The Ambiguous Language of Gender and Race Inclusion and Exclusion.... 2020
Michael H. LeRoy The President's Immigration Powers: Migratory Labor and Racial Animus 75 New York University Annual Survey of American Law 187 (2020) Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting... 2020
Elijah T. Staggers The Racialization of Crimes Involving Moral Turpitude 12 Georgetown Journal of Law & Modern Critical Race Perspectives 17 (Spring, 2020) C1-2Table of Contents Introduction. 18 I. Defining the Phrase Crime Involving Moral Turpitude. 20 A. The Original White Supremacist Trope of Race-Based Morality: The Negro Rascal. 20 B. Presumptions of Race-Based Morality in the Immigration Act of 1917. 23 1. Race-Based Morality Shifted During the Progressive Era to Target Non-Anglo-Saxon... 2020
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27