| Author | Title | Citation | Summary | Year |
| 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 |
| Amy Reavis |
BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS |
46 New York University Review of Law and Social Change 362 (2022) |
The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... |
2022 |
| Kara W. Swanson |
CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE |
25 Stanford Technology Law Review (2022) (Spring, 2022) |
This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... |
2022 |
| Ariana R. Levinson , Sonya Faber , Dana Strauss , Sophia Gran-Ruaz , Amy Bartlett , Maria Macaluso , Monnica T. Williams |
CHALLENGING JURORS' RACISM |
57 Gonzaga Law Review 365 (2021/2022) |
Despite overwhelming documentation of disproportionate arrest, prosecution, conviction, and incarceration of Black Americans and the many psychological tools available to assess racism and implicit bias, anti-racist jury selection remains an understudied area of research. An evidence-based, anti-racist jury selection process is an urgent need,... |
2022 |
| Emily Ryo , Reed Humphrey |
CITIZENSHIP DISPARITIES |
107 Minnesota Law Review 1 (November, 2022) |
Introduction. 2 I. Naturalization: Past and Present. 9 A. Substantive Requirements for Naturalization. 10 B. Adjudication Process. 11 C. Overview of Denials and Delays. 14 D. Naturalization Adjudication as Boundary Policing. 18 II. The Current Study. 20 A. Data. 20 B. Coding and Analytical Approach. 22 III. Study Findings. 26 A. Approval Rate. 28... |
2022 |
| Emily R. Chertoff |
CITIZENSHIP FEDERALISM |
81 Maryland Law Review 503 (2022) |
Immigration federalism has attracted overwhelming attention from scholars and advocates in recent years. Despite this, the scholarship has not fully explored the outer limits of states' power to regulate noncitizens. This Article attempts to provide one account of these outer limits. To do so, it uses as a case study an important group of... |
2022 |
| Yael Cannon |
CLOSING THE HEALTH JUSTICE GAP: ACCESS TO JUSTICE IN FURTHERANCE OF HEALTH EQUITY |
53 Columbia Human Rights Law Review 517 (Spring, 2022) |
A massive civil justice gap plagues the United States. Every day, low-income Americans--and disproportionately people of color--go without the legal information and representation they need to enforce their rights. This can cost them their homes, jobs, food security, or children. But unmet civil legal needs in housing, employment, and public... |
2022 |
| Jeena Shah |
COMMUNITY LAWYERING IN RESISTANCE TO NEOLIBERALISM |
120 Michigan Law Review 1061 (April, 2022) |
An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings. New York: Oxford University Press. 2021. Pp. xxi, 661. $44.95. 1. . This is a multi-layered city, unceremoniously built on hills, valleys, ravines. Flying into Burbank airport in the day, you observe gradations of trees and earth. A city seems to be an afterthought,... |
2022 |
| S. Priya Morley |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
69 UCLA Law Review Discourse 100 (2022) |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
2022 |
| Shannah Colbert |
CONSTITUTIONAL LAW--DEVICE SEARCHES ABSENT REASONABLE SUSPICION ALLOW SECURITY INTERESTS TO OUTWEIGH PRIVACY CONCERNS AND AMPLIFY BIAS AT THE U.S. BORDER--ALASAAD v. MAYORKAS, 988 F.3D 8 (1ST CIR. 2021) |
27 Suffolk Journal of Trial and Appellate Advocacy 295 (2021-2022) |
The Constitution of the United States sets forth fundamental principles that create a national government, divide its power, and protect individual liberties. Although the Fourth Amendment forbids unreasonable searches and seizures, some searches, such as those conducted at the United States border, are subject to exceptions. In Alasaad v.... |
2022 |
| Shani M. King |
CONTEXTUALIZING (CHILDREN'S) IMMIGRATION IN LAW, HISTORY, THEORY AND POLITICS |
2022 Michigan State Law Review 187 (2022) |
Introduction. 188 I. Othering--A Brief Interpretation. 192 II. The Child as an Other. 194 A. Children as Others: Dependency (Nonadults) in Immigration Law. 198 B. Children as Others: Their Alienage or the Alienage of Their Parents in Family Law. 210 C. Repetition of Othering Narratives in Application of Welfare and Education Laws. 213 III. A... |
2022 |
| Madeleine Powers |
COUNTERING THE CRIMINAL NATURE OF IMMIGRATION ENFORCEMENT: A PROPOSAL TO EXPAND CONSTITUTIONAL SAFEGUARDS |
21 Seattle Journal for Social Justice 51 (Fall, 2022) |
The Supreme Court of the United States has maintained that immigration deportation proceedings are purely civil actions and are not criminal proceedings intended to punish unlawful entry or presence of noncitizens. Given this classification, noncitizens facing deportation are not afforded many of the same constitutional safeguards as defendants... |
2022 |
| Anna Reed |
CRUEL DILEMMAS IN CONTEMPORARY FERTILITY CARE: PROBLEMATIZING AMERICA'S FAILURE TO ASSURE ACCESS TO FERTILITY PRESERVATION FOR TRANS YOUTH |
29 Michigan Journal of Gender & Law 95 (2022) |
C1-2Table of Contents Introduction. 96 I. Background: Fertility Care in the U.S.. 97 A. Catch-22s: Problematizing Parental Involvement & Insurance Gaps in the Context of Fertility Preservation. 100 1. Parental Consent Laws Prevent Youth from Accessing the Care they Need. 100 2. High Out-of-Pocket Costs & the Unavailability of Insurance Coverage... |
2022 |
| Shoba Sivaprasad Wadhia , Margaret Hu |
DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN |
93 University of Colorado Law Review 325 (Winter, 2022) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |
| Karla McKanders |
DECONSTRUCTING RACE IN IMMIGRATION LAW'S ORIGIN STORIES |
37 Maryland Journal of International Law 18 (2022) |
This symposium, Race, Sovereignty, and Immigrant Justice, explores the racialized history of immigration laws and their enforcement with the goal of rethinking possibilities for immigrant justice, sovereignty, and human rights. This Essay uses Critical Race Theory to explore how the plenary powers doctrine promotes immigration exceptionalism which... |
2022 |
| Prashasti Bhatnagar |
DEPORTABLE UNTIL ESSENTIAL: HOW THE NEOLIBERAL U.S. IMMIGRATION SYSTEM FURTHERS RACIAL CAPITALISM AND OPERATES AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH |
36 Georgetown Immigration Law Journal 1017 (Spring, 2022) |
This Note situates the U.S. immigration system itself as a negative social determinant of health that threatens the health and well-being of immigrants-- particularly laborers and agricultural workers--through racialized expropriation and exploitation of their labor. Section I uses the Chinese Exclusion Act and Bracero Program as examples to... |
2022 |
| Shoba Sivaprasad Wadhia |
DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA |
29 Asian American Law Journal 49 (2022) |
This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... |
2022 |
| Anita L. Allen |
DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM |
131 Yale Law Journal Forum 907 (20-Feb-22) |
abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... |
2022 |
| Chris Chambers Goodman , Natalie Antounian |
DISMANTLING THE MASTER'S HOUSE: ESTABLISHING A NEW COMPELLING INTEREST IN REMEDYING SYSTEMIC DISCRIMINATION |
73 Hastings Law Journal 437 (February, 2022) |
This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial... |
2022 |
| Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
| Kevin Brown, Lalit Khandare, Annapurna Waughray, Kenneth Dau-Schmidt, Theodore M. Shaw |
DOES U.S. FEDERAL EMPLOYMENT LAW NOW COVER CASTE DISCRIMINATION BASED ON UNTOUCHABILITY?: IF ALL ELSE FAILS THERE IS THE POSSIBLE APPLICATION OF BOSTOCK v. CLAYTON COUNTY |
46 New York University Review of Law and Social Change 117 (2022) |
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The... |
2022 |
| Gabriel J. Chin |
DRED SCOTT AND ASIAN AMERICANS |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
2022 |
| Kevin R. Johnson |
DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? |
24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) |
This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... |
2022 |
| Diana G. Li |
DUE PROCESS IN REMOVAL PROCEEDINGS AFTER THURAISSIGIAM |
74 Stanford Law Review 793 (April, 2022) |
Abstract. It is well established that Congress wields plenary power over the admission of noncitizens at the border. But when the government removes noncitizens who have already entered the country, including those who did so without lawful admission, the boundaries of its power are less clear. The Supreme Court confronted this issue in Department... |
2022 |
| Lori A. Nessel |
ENFORCED INVISIBILITY: TOWARD NEW THEORIES OF ACCOUNTABILITY FOR THE UNITED STATES' ROLE IN ENDANGERING ASYLUM SEEKERS |
55 U.C. Davis Law Review 1513 (February, 2022) |
C1-2Table of Contents Introduction. 1515 I. Deconstructing the Web of Policies that Comprise the Invisibility Regime at the Southern Border. 1521 A. Migrant Protection Protocols (MPP). 1522 B. The Asylum Transit Ban. 1527 C. Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP). 1529 D. Metering. 1530 E. Asylum... |
2022 |
| Jessica Mitten, Leanne Aban, Lilia Abecassis, Gabriela Garcia-Bou, Carter Man, Jessica Pacwa, Talia Plofsky, Tate Schneider, Katie Wiese, Shelby Young, Yiruo Zhang |
EQUAL PROTECTION |
23 Georgetown Journal of Gender and the Law 267 (Annual Review 2022) |
I. Introduction. 268 II. Overview. 269 A. Similarly Situated Requirement. 270 B. Standards of Review. 270 1. Strict Scrutiny. 271 a. Suspect Classifications. 271 b. Fundamental Rights. 273 2. Intermediate Scrutiny. 274 3. Rational Basis Review. 275 4. Alternative Formulations. 277 III. Sex-Based Classifications. 278 A. Federal Constitutional... |
2022 |
| Sherley E. Cruz |
ESSENTIALLY UNPROTECTED |
96 Tulane Law Review 637 (April, 2022) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. --Dr. Martin Luther King, Jr. Since the start of the COVID-19 pandemic, the American public has relied on essential low-wage workers to provide... |
2022 |
| Lan Cao |
ETHNIC ECONOMIES, CULTURAL RESOURCES, AND THE AFRICAN AMERICAN QUESTION |
91 University of Cincinnati Law Review 303 (2022) |
Ethnic economies are complex. Scholars have debated their many facets, starting with basic questions like how and why they are formed to the thornier philosophical issues surrounding their establishment and functioning. At its core, ethnic economies depend on the creation of an in-group, which conversely, means drawing a line that distinguishes... |
2022 |
| Felix B. Chang |
ETHNICALLY SEGMENTED MARKETS: KOREAN-OWNED BLACK HAIR STORES |
97 Indiana Law Journal 479 (Winter, 2022) |
Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American... |
2022 |
| Anna Welch, Emily Gorrivan |
ETHNO-NATIONALISM AND ASYLUM LAW |
74 Maine Law Review 187 (2022) |
Abstract Introduction I. The Ethno-Nationalist Roots of the United States Asylum System A. Pre-World War II: The Foundation a. The Chinese Exclusion Era b. National Origin Quotas and the Undesirable Aliens Act B. The Aftermath of World War II a. From 1967 to 1980, the United States Failed its Signatory Obligations b. 1980: Incorporation of the... |
2022 |
| Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa |
EVALUATING LEGAL NEEDS |
36 Notre Dame Journal of Law, Ethics & Public Policy 175 (2022) |
This article is the first to explore legal needs in the Rio Grande Valley of Texas--a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often... |
2022 |
| Janet H. Vo |
FIGHTING ANTI-ASIAN HATE: COMMUNITY-BASED SOLUTIONS BEYOND PROSECUTIONS AND THE CYCLE OF VIOLENCE |
66 Boston Bar Journal 23 (2022) |
More than a year after the murder of six female Asian workers at an Atlanta spa, many members of the Asian American community still live in fear of hate-motivated violence. The FBI's 2020 data already reflected a 73 percent increase in hate-motivated crimes against Asian Americans, but after the Atlanta shootings in March 2021, one third of Asian... |
2022 |
| Khiara M. Bridges |
FOREWORD: RACE IN THE ROBERTS COURT |
136 Harvard Law Review 23 (November, 2022) |
C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of... |
2022 |
| Evelyn Atkinson |
FRANKENSTEIN'S BABY: THE FORGOTTEN HISTORY OF CORPORATIONS, RACE, AND EQUAL PROTECTION |
108 Virginia Law Review 581 (May, 2022) |
This Article highlights the crucial role corporations played in crafting an expansive interpretation of the Fourteenth Amendment. Exposing the role of race in the history of the constitutional law of corporate personhood for the first time, this Article argues that corporations were instrumental in laying the foundation of the Equal Protection... |
2022 |
| Nicholas Warren |
GINGLES UNRAVELED: HISPANIC VOTING COHESION IN SOUTH FLORIDA |
2 North Carolina Civil Rights Law Review 1 (Spring, 2022) |
The Voting Rights Act protects the ability of racial and language minority groups to elect candidates of choice by prohibiting states and localities from diluting those groups' votes when drawing electoral districts. e Fair Districts provisions of the Florida Constitution include a similar ban on vote dilution, plus further protections against... |
2022 |
| Shirin Sinnar |
HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE |
110 California Law Review 489 (April, 2022) |
Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... |
2022 |
| Ilya Somin |
HOW JUDICIAL REVIEW CAN HELP EMPOWER PEOPLE TO VOTE WITH THEIR FEET |
29 George Mason Law Review 509 (Winter, 2022) |
Abstract. For decades, critics of judicial review have argued that it inhibits the will of the people, expressed through laws and regulations enacted by democratically elected officials. Thus, they contend, it should be used sparingly, or perhaps even not at all. This critique implicitly assumes that the political freedom of the people is best... |
2022 |
| Medha D. Makhlouf , Patrick J. Glen |
IMMIGRATION REFORMS AS HEALTH POLICY |
15 Saint Louis University Journal of Health Law & Policy 275 (2022) |
The 2020 election, uniting control of the political branches in the Democratic party, opened up a realistic possibility of immigration reform. Reform of the immigration system is long overdue, but in pursuing such reform, Congress should cast a broad net and recognize the health policies embedded in immigration laws. Some immigration laws undermine... |
2022 |
| Nina Farnia |
IMPERIALISM IN THE MAKING OF U.S. LAW |
96 Saint John's Law Review 131 (2022) |
[C]onsider the differences between the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs. That there are differences between them, and that these differences are fundamental, may not be doubted, Justice Sutherland instructed in United States v. Curtiss-Wright Export... |
2022 |
| Brett Whitley |
IMPORTING INDIAN INTOLERANCE: HOW TITLE VII CAN PREVENT CASTE DISCRIMINATION IN THE AMERICAN WORKPLACE |
75 Arkansas Law Review 163 (2022) |
If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem. --Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the Untouchables. Most Hindus view Dalits as belonging to the lowest rung in the ancient... |
2022 |
| Hannah Haksgaard |
INCLUDING UNMARRIED WOMEN IN THE HOMESTEAD ACT OF 1862 |
67 Wayne Law Review 253 (Winter, 2022) |
Abstract. 253 I. Introduction. 254 II. The Context for the Debate. 261 A. American Policy on the Distribution of Public Lands. 261 B. Unmarried Women's Legal Rights. 266 III. Congressional Debate Leading to the Homestead Act of 1862. 270 A. The Twenty-Eighth Congress: 1843-1845. 273 B. The Twenty-Ninth Congress: 1845-1847. 273 C. The Thirtieth... |
2022 |