| Author | Title | Citation | Summary | Year |
| 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 |
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
| Eric S. Fish |
RACE, HISTORY, AND IMMIGRATION CRIMES |
107 Iowa Law Review 1051 (March, 2022) |
ABSTRACT: The two most frequently charged federal crimes are immigration crimes: the misdemeanor of entering the United States without inspection, and the felony of reentering the United States after deportation. Federal prosecutors charge tens of thousands of people with these two crimes each year. In 2019, these two crimes comprised a majority of... |
2022 |
| Cyra Akila Choudhury |
RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE |
91 University of Cincinnati Law Review 1 (2022) |
Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... |
2022 |
| Atinuke O. Adediran |
RACIAL ALLIES |
90 Fordham Law Review 2151 (April, 2022) |
Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes... |
2022 |
| Kevin D. Brown , Kenneth G. Dau-Schmidt |
RACIAL AND ETHNIC ANCESTRY OF THE NATION'S BLACK LAW STUDENTS: AN ANALYSIS OF DATA FROM THE LSSSE SURVEY |
22 Berkeley Journal of African-American Law & Policy 1 (2022) |
Introduction. 2 I. Changing Racial and Ethnic Ancestries of Black People in the United States Since Affirmative Action Began. 6 A. Historical Race and Ethnicity of Black People at the Commencement of Affirmative Action. 6 B. Current Racial and Ethnic Ancestry of Black People. 8 C. Impact of Change in Census Definitions on the Ability to Collect... |
2022 |
| E. Tendayi Achiume |
RACIAL BORDERS |
110 Georgetown Law Journal 445 (March, 2022) |
This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... |
2022 |
| Stewart Chang |
RACIAL CONTAGION: ANTI-ASIAN NATIONALISM, THE STATE OF EMERGENCY, AND EXCLUSION |
9 Belmont Law Review 486 (Spring, 2022) |
Introduction. 486 I. Contagion, Yellow Peril, and Exclusion. 491 II. Korematsu, Internment, and the Enemy Within. 501 III. The Chinese Virus and the COVID-19 Travel Bans. 506 Conclusion. 510 |
2022 |
| Jennifer M. Chacón |
RECOUNTING: AN OPTIMISTIC ACCOUNT OF MIGRATION |
110 California Law Review 1041 (June, 2022) |
Introduction. 1041 I. Some Definitions. 1046 II. Existing Frames: Refugees and Beyond. 1050 III. The Costs of Current Choices. 1055 IV. Toward Optimism. 1059 Conclusion. 1063 Postscript. 1064 |
2022 |
| Harvey Gee |
REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? |
100 Oregon Law Review 461 (2022) |
Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... |
2022 |
| M. Akram Faizer |
REFORMING STATE ELECTORAL COLLEGE LAWS TO DEPOLARIZE AMERICAN POLITICS |
70 Cleveland State Law Review 145 (2022) |
Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer... |
2022 |