| Author | Title | Citation | Summary | Year |
| Ion Meyn |
CONSTRUCTING SEPARATE AND UNEQUAL COURTROOMS |
63 Arizona Law Review 1 (Spring, 2021) |
Federal reform transformed civil and criminal litigation in the early 1940s. The new civil rules sought to achieve adversarial balance as it afforded litigants, virtually all white, with powerful discovery tools. In contrast, the new criminal rules denied defendants, often litigants of color, any power to discover information. Instead, the new... |
2021 |
| Ashley Binetti Armstrong |
CO-OPTING CORONAVIRUS, ASSAILING ASYLUM |
35 Georgetown Immigration Law Journal 361 (Winter, 2021) |
The Centers for Disease Control (CDC) issued an Order on March 26, 2020, under Title 42, Section 265 of the Public Health Service Act, in the name of combatting the spread of coronavirus. The Order has been called the Asylum Ban because it effectively has sealed the southern border to protection-seekers, resulting in the pushback of nearly... |
2021 |
| |
CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) |
134 Harvard Law Review 1268 (January, 2021) |
Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... |
2021 |
| Laila L. Hlass , Lindsay M. Harris |
CRITICAL INTERVIEWING |
2021 Utah Law Review 683 (2021) |
Critical lawyering--also at times called rebellious, community, and movement lawyering--attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering... |
2021 |
| D. Carolina Núñez |
DARK MATTER IN THE LAW |
62 Boston College Law Review 1555 (May, 2021) |
Introduction. 1556 I. The Chinese Exclusion Case and Its Progeny: Ordinary Matter in an Extraordinary Immigration Law Universe. 1565 A. The Origins of Immigration Law's Plenary Power Doctrine. 1566 B. Plenary Power and the Constitution After Chinese Exclusion. 1570 1. Plenary Power and Political Opinion. 1571 2. Plenary Power and Gender. 1574 II.... |
2021 |
| Angela R. Riley , Kristen A. Carpenter |
DECOLONIZING INDIGENOUS MIGRATION |
109 California Law Review 63 (February, 2021) |
Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... |
2021 |
| Samantha Sherman |
DEFINING FORCED LABOR: THE LEGAL BATTLE TO PROTECT DETAINED IMMIGRANTS FROM PRIVATE EXPLOITATION |
88 University of Chicago Law Review 1201 (September, 2021) |
Privately run immigration detention facilities allegedly profit from a nation-wide system of forced labor. People detained in these for-profit facilities allege that they are compelled to work--often without pay--under threats of solitary confinement, deprivation of basic necessities, and other serious harms. Advocates have challenged these human... |
2021 |
| Christian Vanderhooft |
DELEGATING IMMIGRATION ADMISSION POWERS TO THE STATES |
89 University of Cincinnati Law Review 910 (2021) |
C1-2Table of Contents Introduction. 911 I. The Current Immigration System and Its Flaws. 914 A. An Overview. 915 B. Permanent Visas. 916 1. Visa Allocations. 916 2. Visa Requirements. 921 C. Temporary Visas. 925 II. The Proposal. 927 A. Permanent Visas. 928 B. Temporary Visas. 931 C. Other Practical Considerations. 932 1. What Role Would the... |
2021 |
| Bijal Shah |
DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY |
116 Northwestern University Law Review Online 244 (October 29, 2021) |
The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... |
2021 |
| Rosa Nielsen |
DEPORTATION AND DEPRAVITY: DOES FAILURE TO REGISTER AS A SEX OFFENDER INVOLVE MORAL TURPITUDE? |
78 Washington and Lee Law Review 1157 (Summer, 2021) |
Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for crimes involving moral turpitude, or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple... |
2021 |
| Lindsay Nash |
DEPORTATION ARREST WARRANTS |
73 Stanford Law Review 433 (February, 2021) |
The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment,... |
2021 |
| Nicholas Loh |
DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY |
48 Fordham Urban Law Journal 1331 (October, 2021) |
Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... |
2021 |
| E. Tendayi Achiume |
DIGITAL RACIAL BORDERS |
115 AJIL Unbound 333 (2021) |
It is the core and intended function of borders to discriminate. Descriptively, their purpose is to differentiate or distinguish among different categories of persons, sorting those who may enter and belong from those who may not. But it is also a core function of modern borders to discriminate in the normatively prejudicial sense--they allocate... |
2021 |
| Cristina Isabel Ceballos, David Freeman Engstrom, Daniel E. Ho |
DISPARATE LIMBO: HOW ADMINISTRATIVE LAW ERASED ANTIDISCRIMINATION |
131 Yale Law Journal 370 (November, 2021) |
Administrative law has a blind spot. It is blackletter doctrine that an agency's failure to consider the impacts of its conduct can lead to court invalidation of its decision as arbitrary and capricious. Judges have set aside agency action for failures to consider differential impacts on subgroups of business owners, park visitors, and animals. Yet... |
2021 |
| Elizabeth A. Keyes |
DURESS IN IMMIGRATION LAW |
44 Seattle University Law Review 307 (Winter, 2021) |
C1-2Contents Introduction. 308 I. The Duress Doctrine's Landscape and Justifications. 312 A. Theoretical Bases for the Duress Defense. 313 B. Duress and Culpability in Domestic Criminal Law. 316 1. Defining Duress. 316 2. When Duress Matters in the Criminal Legal System. 320 C. Duress and Culpability in International Law. 320 1. International... |
2021 |
| John Reynolds |
EMERGENCY AND MIGRATION, RACE AND THE NATION |
67 UCLA Law Review 1768 (April, 2021) |
Europe's borders are racial borders. The European Union's external border regime underpins continuing forms of European imperialism and neocolonialism. It reinforces a particular imaginary of Europeanness as whiteness, euphemistically dressed up as a European Way of Life to be protected. It nonetheless sits comfortably within the permissible... |
2021 |
| Shannon Gleeson , Kati L. Griffith |
EMPLOYERS AS SUBJECTS OF THE IMMIGRATION STATE: HOW THE STATE FOMENTS EMPLOYMENT INSECURITY FOR TEMPORARY IMMIGRANT WORKERS |
46 Law and Social Inquiry 92 (February, 2021) |
The state plays a key role in shaping worker precarity, and employers are key actors in mediating this process. While employers sometimes may act as willing extensions of the deportation machinery, they are also subjects of the immigration state. In this article, we highlight the impact of state-employer dynamics on migrant workers with Temporary... |
2021 |
| Beenish Riaz |
ENVISIONING COMMUNITY PARALEGALS IN THE UNITED STATES: BEGINNING TO FIX THE BROKEN IMMIGRATION SYSTEM |
45 New York University Review of Law and Social Change 82 (2021) |
For decades, immigrants have been unable to access justice in the United States. The country has consistently failed to meet its international and domestic due process obligations. Given that universal representation for all immigrants is impractical, this Article posits a new strategy. It calls for legal empowerment, and in particular, the... |
2021 |
| Gracen Eiland |
ERASING RACE: THE ROLE OF REPUBLICANISM AND RACISM IN FRENCH CONSTITUTIONAL JURISPRUDENCE |
35 Temple International and Comparative Law Journal 167 (Summer, 2021) |
In the summer of 2018, France's parliament voted to remove the word race from the country's constitution in an effort to pursue its colorblind approach to combatting racism. Traditional French secularism stresses the non-existence of race, but by refusing to acknowledge race, France also refuses to acknowledge the reality of racism within its... |
2021 |
| Wendy E. Parmet |
EXCLUDING NON-CITIZENS FROM THE SOCIAL SAFETY NET |
49 Georgia Journal of International and Comparative Law 525 (Summer, 2021) |
I want to begin by offering many thanks to Professor Weeks, Sarah Quinn, and the students on the Georgia Journal of International and Comparative Law. Thank you for organizing this terrific and timely conference. I am honored to speak to you today and be a part of this formidable panel. In my brief time, I want to discuss how the exclusion of... |
2021 |
| Alessandra N. Rosales |
EXCLUDING 'UNDESIRABLE' IMMIGRANTS: PUBLIC CHARGE AS DISABILITY DISCRIMINATION |
119 Michigan Law Review 1613 (May, 2021) |
Public charge is a ground of inadmissibility based upon the likelihood that a noncitizen will become dependent on government benefits in the future. Once designated as a public charge, a noncitizen is ineligible to be admitted to the United States or to obtain lawful permanent residence. In August 2019, the Trump Administration published a... |
2021 |
| Jennifer Lee Koh |
EXECUTIVE DEFIANCE AND THE DEPORTATION STATE |
130 Yale Law Journal 948 (February, 2021) |
A basic assumption in our legal system is that once a federal court issues an order, the government will obey. But the validity of that assumption has been tested over the years, including in the immigration context, and for reasons both related to and separate from the identity of the President. Indeed, understanding the government's... |
2021 |
| John Zens |
FACE IT: ONLY CONGRESS CAN PRESERVE PRIVACY FROM THE PERVASIVE USE OF FACIAL RECOGNITION TECHNOLOGY BY POLICE |
58 San Diego Law Review 143 (February-March, 2021) |
C1-2Table of Contents I. Introduction. 144 II. How FRT Functions and Law Enforcement's Use of Biometric Identifiers. 152 A. FRT Basics. 152 1. Biometrics. 152 2. How FRT Works. 153 3. FRT Shortcomings & Criticisms. 153 B. Law Enforcement's Compilation of Biometric Data. 158 1. The FBI's Biometric Identification Data and Systems. 158 2. State DMV... |
2021 |
| Ernesto Sagás , Ediberto Román |
FEAR, LOATHING, AND THE HEMISPHERIC CONSEQUENCES OF XENOPHOBIC HATE |
29 University of Miami International and Comparative Law Review 1 (Fall, 2021) |
When you have fifteen thousand people marching up . how do you stop these people? You shoot them [crowd member shouts] [chuckling, Trump responds:] [O]nly in the Panhandle can you get away with that thing. President Donald Trump Thousands of criminal aliens. They're pouring into our country. President Donald Trump They're not people, these... |
2021 |
| Jessica A. Shoemaker |
FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE |
119 Michigan Law Review 1695 (June, 2021) |
Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... |
2021 |
| Rachel L. Zacharias |
FEWER OF WHOM? CLIMATE-BASED POPULATION POLICIES INFRINGE MARGINALIZED PEOPLE'S REPRODUCTIVE AUTONOMY |
25 University of Pennsylvania Journal of Law and Social Change 81 (2021) |
Changes to the earth's climate will create the most severe ecological, economic, and health crisis in modern history. Responding to evidence linking population growth to increased greenhouse gas emissions, some climate scientists have proposed policies to help reduce individuals' and populations' reproduction. This paper urges caution... |
2021 |
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
| Cristina M. Rodríguez |
FOREWORD: REGIME CHANGE |
135 Harvard Law Review 1 (November, 2021) |
C1-2CONTENTS Introduction. 2 I. Elements of Regime Change. 11 A. Switching Sides. 16 1. Enlisting the Court. 18 2. The Interests of the United States. 32 B. A New Order. 40 1. The Legal Regime. 41 2. The Bureaucracy. 48 II. In Defense of Power. 58 A. Asserting Power. 63 1. Democracy and Social Welfare. 63 2. Presidential and Political Control. 70... |
2021 |
| Jillian Blake |
FRAGILE IMMIGRATION LEGALITY COLLAPSES IN THE TRUMP ERA |
30 Southern California Interdisciplinary Law Journal 305 (Winter 2021) |
People often think of immigration legality in black and white terms--immigrants are documented or undocumented; they are present legally or illegally. There has long been, however, a significant gray area of quasi-legality in the U.S. immigration system. This gray area expanded for decades due to diverging policies of the executive and... |
2021 |
| Robert Costello |
FRONT OF THE HOUSE, BACK OF THE HOUSE: RACE AND INEQUALITY IN THE LIVES OF RESTAURANT WORKERS BY ELI REVELLE YANO WILSON |
36-SUM Criminal Justice 39 (Summer, 2021) |
NYU Press, December 2020, 9781479800612 Eli Revelle Yano Wilson is an Assistant Professor of Sociology at the University of New Mexico, where his research interests include race and ethnicity, labor, immigration, and labor. His work shows how inequality is reproduced and challenged within workforces. Born and raised in Hawaii, Eli completed his... |
2021 |
| Gilbert Alexander Cotto-Lazo |
GIVE ME YOUR TIRED, YOUR POOR, YOUR HUDDLED MASSES: AN OVERVIEW OF THE IMMIGRATION SYSTEM AND CHEVRON DEFERENCE |
99 Oregon Law Review 419 (2021) |
Introduction. 420 I. History and Current Structure of U.S. Immigration System. 422 A. The United States' Backyard: A Backdrop of U.S. Policy Toward Latin America. 422 B. U.S. Immigration History and Current Structure. 424 C. Refugee Definition and Asylum Procedure. 426 D. Erosion of Procedural Protections for Asylees. 428 1. Expedited Removal. 428... |
2021 |
| Elie Peltz |
GIVING VOICE TO THE SILENCED: THE POWER ACT AS A LEGISLATIVE REMEDY TO THE FEARS FACING UNDOCUMENTED EMPLOYEES EXERCISING THEIR WORKPLACE RIGHTS |
54 Columbia Journal of Law and Social Problems 503 (Spring, 2021) |
Undocumented workers in the United States number nearly eight million and are key contributors to major industries and regional economies across the country. Yet undocumented workers often hesitate to report labor law violations due to the fear of making themselves known to immigration authorities. In recent years, employers have felt emboldened to... |
2021 |
| Erik Bleich, Sylvia Al-Mateen |
HATE SPEECH AND THE EUROPEAN COURT OF HUMAN RIGHTS: IDEAS AND JUDICIAL DECISION-MAKING |
29 Michigan State International Law Review 179 (2021) |
The rise in racism, xenophobia, and other forms of stigmatization increasingly challenges European countries to draw an explicit line between legally protected free speech and prohibited hate speech. The European Court of Human Rights is the highest court responsible for defining this boundary for the forty-seven member states of the Council of... |
2021 |
| Ndjuoh MehChu |
HELP ME TO FIND MY CHILDREN: A THIRTEENTH AMENDMENT CHALLENGE TO FAMILY SEPARATION |
17 Stanford Journal of Civil Rights & Civil Liberties 133 (February, 2021) |
The Trump Administration's forced separation of migrant families at the U.S.-Mexico border is an international fault line in the global human rights framework. The scope, severity, and urgency of the issue speak clearly to the need for a diversity of strategies to protect migrant groups. With that in mind, this Article draws attention to a thus-far... |
2021 |
| Andrea Barrientos |
HERE STOOD MY DREAMING TREE: A PROPOSAL TO REFORM NON-LPR CANCELLATION OF REMOVAL TO BRING UNDOCUMENTED IMMIGRANTS OUT OF THE SHADOWS |
27 Cardozo Journal of Equal Rights & Social Justice 535 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 536 II. Immigration legislation in the United States. 545 A. The Immigration Act of 1891, the Immigration Act of 1924 and the Alien Registration Act of 1940. 545 B. The Immigration and Nationality Act. 546 C. The Immigration Reform and Control Act. 548 1. Legalization Program. 549 2. Employer Sanctions. 550 D.... |
2021 |
| Sara K. Rankin |
HIDING HOMELESSNESS: THE TRANSCARCERATION OF HOMELESSNESS |
109 California Law Review 559 (April, 2021) |
Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... |
2021 |
| Darin E.W. Johnson |
HOMEGROWN AND GLOBAL: THE RISING TERROR MOVEMENT |
58 Houston Law Review 1059 (Spring, 2021) |
White supremacist terrorism is a rising threat that has been overlooked by national security authorities as a global threat, even though white supremacist terrorism now surpasses Al Qaeda- and ISIS-associated terrorism in the scope and impact of its destructiveness in the United States. White supremacist terrorism has been viewed exclusively as... |
2021 |
| Karla M. McKanders |
IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS |
37 Georgia State University Law Review 1139 (Summer, 2021) |
Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the... |
2021 |
| Pedro Gerson |
IMMIGRATION DETENTION AS AN OBSTACLE TO DECARCERATION |
58 San Diego Law Review 535 (August-September, 2021) |
C1-2Table of Contents 535 I. Introduction. 536 II. Incarceration in the United States. 543 A. The Push Against Criminal Incarceration. 543 B. The Rise of Immigration Detention in the United States. 553 III. Can the Immigrant Replace the Inmate?. 556 A. The Role of Crimmigration. 557 B. The Possibility of Increasing Immigration Detention.... |
2021 |
| Kevin R. Johnson |
IMMIGRATION LAW LESSONS FROM DEPORTED AMERICANS: LIFE AFTER DEPORTATION TO MEXICO |
50 Southwestern Law Review 305 (2021) |
The last few years saw deeply troubling developments in U.S. immigration law and enforcement. The Obama administration annually removed hundreds of thousands of noncitizens from the United States, which earned the President the unflattering nickname of Deporter in Chief. After making immigration enforcement the cornerstone of his 2016... |
2021 |
| Shalini Bhargava Ray |
IMMIGRATION LAW'S ARBITRARINESS PROBLEM |
121 Columbia Law Review 2049 (November, 2021) |
Despite deportation's devastating effects, the Immigration and Nationality Act (INA) specifies deportation as the penalty for nearly every immigration law violation. Critics have regularly decried the INA's lack of proportionality, contending that the penalty often does not fit the offense. The immigration bureaucracy's implementation of the INA,... |
2021 |
| Rachel Chernov |
IMMIGRATION REFORM IN REFUGEE AND ASYLUM POLICY: DISENTANGLING IMMIGRATION FROM THE NATIONAL SECURITY DISCOURSE |
44 Fordham International Law Journal 1029 (April, 2021) |
After September 11, 2001, a large-scale overhaul of existing US immigration infrastructure fused immigration with the country's national security apparatus. Enhanced national security efforts became characterized by increased immigration enforcement and were purportedly justified by government officials' rhetoric portraying newcomers as a threat to... |
2021 |
| Jehan El-Jourbagy |
IMPACT OF CORPORATE RESPONSE TO CONTROVERSIAL PRESIDENTIAL STATEMENTS OR POLICIES |
18 DePaul Business & Commercial Law Journal 69 (Spring, 2021) |
Not ten days into the Trump administration, corporations, normally silent or ostensibly neutral in regard to political issues, were uncommonly vocal regarding the executive order on immigration and refugees. The response was not uniform. A disproportionate number of CEOs speaking out were from the tech industry. Noticeably silent at this juncture... |
2021 |
| Tomiko Brown-Nagin |
IN MEMORIAM: JUSTICE RUTH BADER GINSBURG, THE LAST CIVIL RIGHTS LAWYER ON THE SUPREME COURT |
56 Harvard Civil Rights-Civil Liberties Law Review 15 (Winter, 2021) |
There are many ways to describe Justice Ginsburg's historic achievements. This essay considers one enduring descriptor. When President Bill Clinton nominated her to the Supreme Court, he noted that some called Ginsburg the Thurgood Marshall of the women's movement. Through this essay, I engage with and complicate that comparison. I do so to... |
2021 |
| J. Nicole Alanko |
IN-AND-OUT JUSTICE: HOW THE ACCELERATION OF FAMILIES THROUGH IMMIGRATION COURT VIOLATES DUE PROCESS |
24 University of Pennsylvania Journal of Law and Social Change 1 (2021) |
Since November 2018, the Department of Justice has prioritized the scheduling of the cases of thousands of families in immigration courts who have been labeled as Family Units. This policy requires that the cases be completed within one year of the filing of the Notice to Appear. Affected families are fleeing violence in their home... |
2021 |
| Susan Ayres |
INSIDE THE MASTER'S GATES: RESOURCES AND TOOLS TO DISMANTLE RACISM AND SEXISM IN HIGHER EDUCATION |
21 Journal of Law in Society 20 (Winter, 2021) |
INTRODUCTION. 21 I. DISMANTLING THE MASTER'S HOUSE: RESOURCES. 28 II. SUBSTANCE OF FIRE AND THE STORYTELLING MOVEMENT. 31 A. The Backstory. 31 B. Overview of Substance of Fire. 33 C. The Case for Storytelling. 35 III. SUBSTANCE OF FIRE: NARRATIVES AND COUNTER-STORYTELLING. 37 A. Lack of Mentors, Microaggressions. 38 B. Performing Gender, Safe... |
2021 |
| Edelina M. Burciaga , Aaron Malone |
INTENSIFIED LIMINAL LEGALITY: THE IMPACT OF THE DACA RESCISSION FOR UNDOCUMENTED YOUNG ADULTS IN COLORADO |
46 Law and Social Inquiry 1092 (November, 2021) |
The Deferred Action for Childhood Arrivals (DACA) program provides qualifying undocumented immigrant youth with significant benefits. These benefits exist in a state of tension because they are temporary, making the status of DACA recipients precarious. In this article we draw on survey and interview data collected with DACA recipients in Colorado,... |
2021 |
| M. Hunter Rush |
IT'S MY PARTY, AND I'LL DO WHAT I WANT TO: MAKING THE CASE FOR JUDICIAL REVIEW OF NATIONAL INTEREST WAIVER DENIALS |
27 Washington and Lee Journal of Civil Rights and Social Justice 703 (Spring, 2021) |
Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen's application for a National Interest Waiver is denied, there must be some recourse. The current problem is... |
2021 |
| Eisha Jain |
JAILHOUSE IMMIGRATION SCREENING |
70 Duke Law Journal 1703 (May, 2021) |
Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has... |
2021 |
| Tom Lininger |
JUDGES' ETHICAL DUTIES TO ENSURE FAIR TREATMENT OF INDIGENT PARTIES |
89 Fordham Law Review 1237 (March, 2021) |
In this Essay, I will argue that the American Bar Association (ABA) Model Code of Judicial Conduct (the Model Code) should more squarely address the challenges faced by low-income litigants. Amendments should make clear that judges have a duty to ensure the fair treatment of the indigent in the U.S. legal system. I have written elsewhere about... |
2021 |