AuthorTitleCitationSummaryYear
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
Scott Titshaw INHERITING CITIZENSHIP 58 Stanford Journal of International Law 1 (Winter, 2022) Most of us become citizens at birth based either on our birthplace or our parents' citizenship status. Over thirty countries recognize birthplace citizenship, but inherited citizenship is nearly universal. Such universal legal rules are rare, and they are particularly remarkable in the context of citizenship, where state sovereignty is near its... 2022
Cassandra Burke Robertson , Irina D. Manta INTEGRAL CITIZENSHIP 100 Texas Law Review 1325 (June, 2022) Does the Constitution's promise of birthright citizenship to all born in the United States cover the United States Territories? Residents of the Territories have regularly sought judicial recognition of their equal birthright citizenship under the Fourteenth Amendment, most recently in some prominent cases reaching federal appellate courts. When... 2022
Luz E. Herrera , Pilar Margarita Hernández, Escontrías, Ph.D. LATINXS RESHAPING LAW & POLICY IN THE U.S. SOUTH 31 Southern California Review of Law & Social Justice 1 (Winter, 2022) This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this... 2022
Frank W. Munger, Carroll Seron LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA 66 New York Law School Law Review 175 (2021/2022) EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... 2022
Laila L. Hlass LAWYERING FROM A DEPORTATION ABOLITION ETHIC 110 California Law Review 1597 (October, 2022) This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight connected... 2022
Daniel S. Harawa LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE 110 California Law Review 681 (June, 2022) The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... 2022
Asees Bhasin LOVE IN THE TIME OF ICE: HOW PARENTS WITHOUT PAPERS ARE STRIPPED OF THE RIGHT TO RAISE THEIR CHILDREN IN A SAFE AND HEALTHY ENVIRONMENT 36 Georgetown Immigration Law Journal 875 (Spring, 2022) This Article analyzes narratives around immigrant reproduction and traces the construction of immigrants as bad and unfit parents. It seeks to connect these perceptions, which are driven by nativist and racist beliefs, to the formulation of laws and policies that are designed to unleash violence and fear on undocumented people and their families.... 2022
Neha Jain MANUFACTURING STATELESSNESS 116 American Journal of International Law 237 (April, 2022) Having recently emerged from its unenviable status as the runt of international law, the phenomenon of statelessness nonetheless eludes traditional international legal instruments. Confronted with questions of nationality that typically fall within the domain of sovereignty, international and regional human rights bodies struggle to rein in the... 2022
Ellen D. Katz MARY LOU GRAVES, NOLEN BREEDLOVE, AND THE NINETEENTH AMENDMENT 20 Georgetown Journal of Law & Public Policy 59 (Winter, 2022) This close examination of two cases is part of a larger ongoing project to provide a distinct account of the Nineteenth Amendment. In 1921, the Alabama Supreme Court held the Nineteenth Amendment required that any poll tax be imposed equally on men and women. Sixteen years later, the Supreme Court disagreed. Juxtaposing these two cases, and telling... 2022
Atinuke O. Adediran NONPROFIT BOARD COMPOSITION 83 Ohio State Law Journal 357 (2022) This Article addresses a critical gap in the literature and current debates about the composition of nonprofit boards. The law of fiduciary duties and nonprofit governance best practices do not provide sufficient guidance on how to compose boards to empower the communities they serve. And even as the corporate sector is seizing on current important... 2022
Alex B. Long OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") 55 U.C. Davis Law Review 1717 (February, 2022) C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... 2022
Brandon Hasbrouck ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY 108 Virginia Law Review 1289 (September, 2022) Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... 2022
Brandon Hasbrouck ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY 108 Virginia Law Review Online 239 (August, 2022) Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... 2022
Khaled A. Beydoun ON TERRORISTS AND FREEDOM FIGHTERS 136 Harvard Law Review Forum 1 (20-Oct-22) The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... 2022
Jacob Bronsther , Guha Krishnamurthi OPTIONAL LEGISLATION 107 Minnesota Law Review 297 (November, 2022) Not since the nineteenth century has partisanship been this intense. The only thing that Democrats and Republicans can agree upon, it seems, is that Washington is broken. Indeed, for years now, Congress has been unable to pass legislation on issues that pose serious risk to the nation and on which there is broad consensus for a federal solution... 2022
Eisha Jain POLICING THE POLITY 131 Yale Law Journal 1794 (April, 2022) The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of Chinese descent living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible... 2022
Marissa Jackson Sow PROTECT AND SERVE 110 California Law Review 743 (June, 2022) There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... 2022
Donald T. Hornstein PUBLIC INVESTMENT IN CLIMATE RESILIENCY: LESSONS FROM THE LAW AND ECONOMICS OF NATURAL DISASTERS 49 Ecology Law Quarterly 137 (2022) This Article takes issue with an important claim in the public choice and climate disaster literature: that American political markets will not allow appropriate investments in disaster preparedness and prevention, even when those investments are cost-benefit bargains. The claim is significant because the costs of climate disasters in the... 2022
Ming Hsu Chen PURSUING CITIZENSHIP DURING COVID-19 93 University of Colorado Law Review 489 (Winter, 2022) Introduction. 490 I. Building Pathways to Citizenship. 491 A. Meaning of Citizenship. 492 B. Integration. 494 C. Enforcement. 496 II. Shifting Political Conditions and Implications for the Paths Not Taken. 500 A. Formal Paths to Citizenship. 503 B. Substantive Paths to Citizenship. 504 1. Social: From Alien to Noncitizen to Citizen. 504 2.... 2022
Edward A. Purcell, Jr. RACE ACROSS THE CURRICULUM: A TEAM-TAUGHT COURSE ON LAW AND RACE IN AMERICA 66 New York Law School Law Review 125 (2021/2022) Faculty members at New York Law School have long been moved by the continuing problems of race relations in America and by questions of how law and legal education might be able to contribute to their amelioration. During the 2015-2016 academic year, a group of more than twenty members of the NYLS faculty began a cooperative project to develop a... 2022
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