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
Rose Cuison-Villazor REJECTING CITIZENSHIP 120 Michigan Law Review 1033 (April, 2022) Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... 2022
Dylan Farrell-Bryan , Department of Sociology, University of Pennsylvania, Philadelphia, Pennsylvania, USA RELIEF OR REMOVAL: STATE LOGICS OF DESERVINGNESS AND MASCULINITY FOR IMMIGRANT MEN IN REMOVAL PROCEEDINGS 56 Law and Society Review 167 (June, 2022) In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical... 2022
Ingrid Eagly, Tali Gires, Rebecca Kutlow, Eliana Navarro Gracian RESTRUCTURING PUBLIC DEFENSE AFTER PADILLA 74 Stanford Law Review 1 (January, 2022) Abstract. In the 2010 landmark decision Padilla v. Kentucky, the Supreme Court held that the Sixth Amendment right to counsel demands that criminal defense attorneys inform their clients of adverse immigration consequences that may flow from a guilty plea. Although over a decade has passed since Padilla, astonishingly little is known about how... 2022
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