Tjas̆a Uc̆akar The Rhetoric of European Migration Policy and its Role in Criminalization of Migration 81 IUS Gentium 91 (2020) Abstract European migration policy frames migration predominantly as a securitarian issue and thus paints migrants as a threat to the established order of the EU. Even though the most recent documents use more liberal and humane rhetoric, the underlying assumptions about migration have not changed, and, furthermore, are getting even more difficult... 2020
Mariela Olivares The Rise of Zero Tolerance and the Demise of Family 36 Georgia State University Law Review 287 (Winter, 2020) This article explores the intersection of immigration law and family law and argues that the current regime dedicated to decimating immigrant families in the United States does not comport with the history and spirit of immigration law and policy. Policies shifting away from family unity and towards an inhumane treatment of immigrant families is... 2020
Zohra Ahmed The Sanctuary of Prosecutorial Nullification 83 Albany Law Review 239 (2019-2020) In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus. Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from... 2020
Tally Kritzman-Amir The Shifting Categorization of Immigration Law 58 Columbia Journal of Transnational Law 279 (2020) For political reasons, the rise in forced migration and arrival of mixed flows of migrants to the U.S. and Europe is frequently referred to as a crisis or an emergency. Such statements fail to adequately characterize the crisis, and focus on its scope. This paper argues that the current international migration crisis is not merely one of numbers,... 2020
Caroline Mala Corbin The Supreme Court's Facilitation of White Christian Nationalism 71 Alabama Law Review 833 (2020) Introduction. 835 I. Jager v. Douglas County School District. 837 II. The Promotion of Christian Nationalism. 840 A. Christian Nationalism Explained. 841 B. Government-Sponsored Christianity and Christian Nationalism. 846 III. End Government-Sponsored Christianity. 858 Conclusion. 865 2020
Kathleen Kim The Thirteenth Amendment and Human Trafficking: Lessons & Limitations 36 Georgia State University Law Review 1005 (Summer, 2020) Understanding the significance of the Thirteenth Amendment for current antihuman trafficking policies and efforts requires scrutiny of the white supremacist roots that forced the chattel slavery of Africans in the United States. Passage of the Thirteenth Amendment in 1865 federalized the abolition of slavery and involuntary servitude and promised a... 2020
Cynthia Lee The Trans Panic Defense Revisited 57 American Criminal Law Review 1411 (Fall, 2020) Violence against transgender individuals in general, and trans women of color in particular, is a significant problem in the United States today. When a man is charged with murdering a transgender woman, a common defense strategy is to assert what is called the trans panic defense. The trans panic defense is not a traditional criminal law defense.... 2020
John Ip The Travel Ban, Judicial Deference, and the Legacy of Korematsu 63 Howard Law Journal 153 (Winter, 2020) One week into the start of his administration, President Donald Trump issued an executive order that would become known as the travel ban. This executive order, and the two others that would eventually succeed it, suspended the entry into the United States of nationals from specified Muslim-majority countries. Legal challenges were brought against... 2020
Michael H. LeRoy The Unborn Citizen 108 Georgetown Law Journal Online 118 (2020) In May of 2019, the Governor of Alabama signed House Bill 314 into law. The statue, entitled the Alabama Human Life Protection Act (the Act), makes abortion and attempted abortion felony offenses, except in cases in which the mother is at risk of serious health complications. This Article does not address the constitutional validity of the Act.... 2020
Hannah M. Hamley The Weaponization of the "Alien Harboring" Statute in a New-era of Racial Animus Towards Immigrants 44 Seattle University Law Review 171 (Fall, 2020) First they came for the Communists And I did not speak out Because I was not a Communist Then they came for the Socialists And I did not speak out Because I was not a Socialist Then they came for the trade unionists And I did not speak out Because I was not a trade unionist Then they came for the Jews And I did not speak out Because I was not a Jew... 2020
Daniel G. Solórzano , Lindsay Pérez Huber , Layla Huber-Verjan Theorizing Racial Microaffirmations as a Response to Racial Microaggressions: Counterstories Across Three Generations of Critical Race Scholars 18 Seattle Journal for Social Justice 185 (Spring, 2020) This article follows a Critical Race tradition of counterstorytelling to tell three stories from across three generations of Critical Race Scholars in Education. In each of our stories, we explain how we came to research racial microaggressions and how this work eventually led us to our current theorizing of racial microaffirmations. We have... 2020
K-Sue Park This Land Is Not Our Land 87 University of Chicago Law Review 1977 (October, 2020) The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember... 2020
Michael J. Van Zandt Three Words Guide Us 31 Experience Experience 3 (October/November, 2020) THE SLD IS EXPANDING ITS MISSION THANKS TO THE COMMITMENT OF ITS LEADERSHIP AND MEMBERS. I'm very proud to be chair of the Senior Lawyers Division of the American Bar Association in its 35th year of existence. I want to express my appreciation to the extremely dedicated past leaders of the SLD under whom I've served and who've been an inspiration... 2020
Shameka Rolla Title Vii and Color: How Bringing Title Vii Claims under the Protected Class of Color Can Further Highlight Colorism in Employment and Society at Large 10 Wake Forest Journal of Law and Policy 277 (March, 2020) In January 2018, Lupita Nyong'o announced that she would write a children's book. In the book, titled Sulwe, a five-year-old Kenyan girl, unable to see the beauty in her dark complexion, is determined to lighten her skin. With a global skin-lightening industry that was worth $4.8 billion in 2017, and that is projected to grow to $8.9 billion by... 2020
Mathilde Cohen Toward an Interspecies Right to Breastfeed 26 Animal Law L. 1 (2020) Milk is young mammals' primary food. Yet, lactating animals raised for their milk, such as cows and goats, are subject to extreme forms of violence and control preventing them from breastfeeding their own young. Numerous human parents also lack the legal, economic, social, and emotional support they need to nurse their children. At one level, the... 2020
Jessica M. Hadley Transracial Adoptions in America: an Analysis of the Role of Racial Identity among Black Adoptees and the Benefits of Reconceptualizing Success Within Adoptions 26 William and Mary Journal of Race, Gender, and Social Justice 689 (Spring, 2020) Introduction I. The History of Transracial Adoption in the United States A. The Emergence of Federal Laws Promoting Transracial Adoptions B. The Extent of Race Consideration in Adoption II. Criticisms of the Methodology of the Early Studies A. The Problematic Nature of Using Personal Self-Esteem as an Indicator of Positive Racial Identity B. The... 2020
Lena Zwarensteyn Trump's Takeover of the Courts 16 University of Saint Thomas Law Journal 146 (Spring, 2020) I. Introduction. 146 II. Trump's Fixation on the Federal Judiciary. 147 III. Rigging the Judicial Selection and Nomination Process. 151 A. The Judicial Selection and Nominations Process. 151 B. Breaking Norms. 153 C. Discarding Consultation and Blue Slips. 155 D. Limiting Inquiry: Stacked and Sham Hearings. 158 E. Speedy Confirmations. 159 IV.... 2020
Mariano-Florentino Cuéllar , Margaret Levi , Barry R. Weingast Twentieth-century America as a Developing Country: Conflict, Institutions, and the Evolution of Public Law 57 Harvard Journal on Legislation 25 (Winter, 2020) C1-3Table of Contents I. Introduction. 26 II. American Law and Governance in the Early-Twentieth Century: Challenges and a Framework for Understanding Change. 31 III. The Decline in Crass Corruption Creates an Opportunity. 38 IV. Channeling Conflict and Building National Institutional Capacity: From World War I to the 1930s. 43 V. The Legacy of... 2020
Monika Batra Kashyap U.s. Settler Colonialism, White Supremacy, and the Racially Disparate Impacts of Covid-19 11 California Law Review Online 517 (November, 2020) This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial... 2020
Rachel Johnson-Farias Uniquely Common: the Cruel Heritage of Separating Families of Color in the United States 14 Harvard Law & Policy Review 531 (Summer, 2020) Headlines abound with news of migrant family separation at the United States-Mexico border. Many of those articles attribute the practice of family separation to recent policy shifts under the current administration. Though this administration's policies are especially cruel and punitive, they are not novel. The separation of Black families,... 2020
Gurjot Kaur, Dana Sussman Unlocking the Power and Possibility of Local Enforcement of Human and Civil Rights: Lessons Learned from the Nyc Commission on Human Rights 51 Columbia Human Rights Law Review 582 (Winter, 2020) If you ask most people in the United States where to go to file a complaint of discrimination or receive assistance from the government in addressing discrimination, chances are that they will not likely be able to tell you. For those who do have some familiarity, they may point to the United States Equal Employment Opportunity Commission (EEOC),... 2020
L. Darnell Weeden We the People Should Extend Constitutional Protections to Undocumented Resident Immigrants Killed Unreasonably by the Police 44 Thurgood Marshall Law Review 187 (Spring, 2020) This article will discuss whether an undocumented resident immigrant residing in a community in the United States is entitled to basic due process rights. A question for consideration is whether an undocumented resident immigrant living in a community in the United States can be denied a basic right against unreasonable searches and seizures in a... 2020
Mitchell F. Crusto Weeding out Injustice: Amnesty for Pot Offenders 47 Hastings Constitutional Law Quarterly 367 (Spring, 2020) The legalization of marijuana raises a quintessential jurisprudential question: Whether such laws apply retroactively to exonerate past pot offenders. The answer to this question affects millions of Americans who are suffering from the negative effects of past pot-related offenses. Some such offenders are serving life sentences without the... 2020
William Ortman When Plea Bargaining Became Normal 100 Boston University Law Review 1435 (September, 2020) Plea bargaining is the criminal justice system, the Supreme Court tells us, but how did it get to be that way? Existing scholarship tells only part of the story. It demonstrates that plea bargaining emerged in the nineteenth century as a response to (depending on one's theory) increasing caseloads, expanding trial procedures, or professionalizing... 2020
George Shepherd When Should a Person's Name Be Removed from a Monument? A Proposed Standard and its Application to the Yerkes National Primate Research Center 51 University of Toledo Law Review 249 (Winter, 2020) A contentious issue is the conditions under which offensive monuments should be removed, and controversial names should be eliminated from buildings and organizations. I first develop a standard for determining when a monument or name should be removed. Then, as a case study, I examine whether Emory University should remove the name of Robert M.... 2020
Jin Niu Who Is an American Soldier? Military Service and Membership in the Polity 95 New York University Law Review 1475 (November, 2020) The military is one of the most powerful institutions to define membership in the American polity. Throughout this country's history, noncitizens, immigrants, and outsiders have been called to serve in exchange for the privileges of citizenship and recognition. At its height, the idea that service constitutes citizenship--which this Note calls... 2020
Kori Cooper Why and How U.s. Law Schools Ought to Promote Inclusion of Black Scholars and Legal Practitioners in Chinese Legal Studies Programs 120 Columbia Law Review Forum 250 (11/20/2020) Recent developments, such as incidents of legalized discrimination against Black expatriates, tourists, and students in China, raise questions about why Black scholars and legal practitioners are largely absent from global debate over how China's laws and legal institutions function. Despite the Supreme Court's opinion that U.S. law schools and the... 2020
Sandra Beltran, Esq. Ya Basta! The Solutions to Sexual Harassment in the Workplace for Women Janitors Working at Nighttime When Nobody Can Hear Them 55 University of San Francisco Law Review 69 (2020) YA BASTA! SAID LETICIA SOTO in a letter she wrote to her rapist when she referred to herself as the invisible woman. Leticia S., like many other Latina women, came to the United States with the hope of providing a better life for her children. Leticia S. came from Mexico City as a happy and hopeful single mother, who imagined herself singing... 2020
Danielle C. Jefferis Yearning to Breathe Free: Migration-related Confinement in America 106 Cornell Law Review Online 27 (October, 2020) Migrating to Prison: America's Obsession with Locking Up Immigrants. César Cuauhtémoc García Hernández. 2019. 190 pages. Introduction. 27 I. Give Me Your Tired, Your Poor, Your Huddled Masses. 32 II. The New Colossus. 35 III. Yearning to Breathe Free. 39 Conclusion. 44 When Diego Rivera Osorio was three years old, just over 1,000 nights had passed... 2020
Kari Hong 10 Reasons Why Congress Should Defund Ice's Deportation Force 43 Harbinger 40 (March 11, 2019) Calls to abolish ICE, the Immigration and Customs Enforcement agency tasked with deportations, are growing. ICE consists of two agencies - Homeland Security Investigations (HSI), which investigates transnational criminal matters, and Enforcement and Removal Operations (ERO), which deports non-citizens. The calls to abolish ICE focus on the latter,... 2019
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