Author | Title | Citation | Summary | Year |
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 |
Jayanth K. Krishnan |
JUDICIAL POWER--IMMIGRATION-STYLE |
73 Administrative Law Review 317 (Spring, 2021) |
Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court... |
2021 |
Fareed Nassor Hayat |
KILLING DUE PROCESS: DOUBLE JEOPARDY, WHITE SUPREMACY AND GANG PROSECUTIONS |
69 UCLA Law Review Discourse 18 (2021) |
The Fifth Amendment of the U.S. Constitution holds that no person shall be twice put in jeopardy of life or limb for the same offense. Read plainly, a person cannot be tried or punished more than once for a single crime. Yet in recent decades, as legislatures have expanded the prosecutorial state with weapons designed to punish more criminal... |
2021 |
Michael Sullivan |
LABOR CITIZENSHIP FOR THE TWENTY-FIRST CENTURY |
19 Seattle Journal for Social Justice 809 (Spring, 2021) |
Today, immigrant individuals toiling with their citizen colleagues in insecure employment that Guy Standing describes as the post-industrial precariat make up the vanguard of the struggle to protect labor rights. Government officials have honored care workers as essential service employees in the COVID-19 pandemic even as they continue to lack many... |
2021 |
Trevor George Gardner |
LAW AND ORDER AS THE FOUNDATIONAL PARADOX OF THE TRUMP PRESIDENCY |
73 Stanford Law Review Online 141 (June, 2021) |
This Essay scrutinizes the feuding between the Trump White House and various federal law enforcement agencies, concurrent with criminal lawbreaking in the Trump Administration, in an effort to extend scholarly understanding of the relationship between law-and-order politics and popular regard for rule-of-law principles. Sociolegal... |
2021 |
Stella Burch Elias |
LAW AS A TOOL OF TERROR |
107 Iowa Law Review 1 (November, 2021) |
The immigration laws and policies of the United States from January 2017 through January 2021 serve as a cautionary example of what may happen when the rule of law and the equitable administration of justice are subverted by policymakers pursuing an extreme and coercive political agenda. For four years the Trump Administration used its... |
2021 |
Samuel Vincent Jones |
LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION |
21 Berkeley Journal of African-American Law & Policy 84 (2021) |
Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... |
2021 |
Ingrid Eagly |
LEARNING FROM DEPORTED AMERICANS |
50 Southwestern Law Review 333 (2021) |
When I was a deputy federal public defender in Los Angeles, I represented many individuals who were charged with the federal crime of illegal reentry. One client in particular still stands out in my memory. When I first met him in lock-up, he told me that he should not have been deported. When I asked why, the answer was simple: he was American. He... |
2021 |
Caleb Ward |
LEARNING FROM THE PAST: USING KOREMATSU AND OTHER JAPANESE INTERNMENT CASES TO PROVIDE PROTECTIONS AGAINST IMMIGRATION DETENTIONS |
73 Arkansas Law Review 841 (2021) |
Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States... |
2021 |
Smita Ghosh , Mary Hoopes |
LEARNING TO DETAIN ASYLUM SEEKERS AND THE GROWTH OF MASS IMMIGRATION DETENTION IN THE UNITED STATES |
46 Law and Social Inquiry 993 (November, 2021) |
Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for... |
2021 |
Kevin E. Davis |
LEGAL RESPONSES TO BLACK SUBORDINATION, GLOBAL PERSPECTIVES |
134 Harvard Law Review Forum 359 (June 1, 2021) |
[I]n order to win and bring as many people with us along the way, we must move beyond the narrow nationalism that is all too prevalent in Black communities. --Black Lives Matter Around the world, people of African descent (Afro-descendants)--to use one of the broadest possible definitions of Blackness--are overrepresented among the poor and... |
2021 |
Jennifer J. Lee |
LEGALIZING UNDOCUMENTED WORK |
42 Cardozo Law Review 1893 (September, 2021) |
C1-2Table of Contents Introduction. 1894 I. Migration and Work. 1902 A. Plight of Undocumented Workers. 1902 B. Recognition of Employer Exploitation. 1907 C. Moral Disapproval of Illegal Workers. 1909 II. Reconceptualizing the Undocumented Worker. 1913 A. Equality. 1914 B. Freedom. 1917 C. Contending with Illegality. 1920 III. Benefits of the... |
2021 |
Mona Alsaidi |
LEGALLY WHITE, EFFECTIVELY OTHERED: RECOGNIZING AND INVESTING IN ARAB AMERICAN COMMUNITIES |
94 Temple Law Review 99 (Fall, 2021) |
During the first presidential debate in September 2020, President Biden effortlessly spoke the Arabic phrase inshallah, meaning God willing. President Biden's use of the phrase did not go unnoticed--some viewed it as a nod to Arabs and Muslims, and others criticized it as pandering or inappropriate. About a month after this debate, then-candidate... |
2021 |
Rebekah Ross |
LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY |
96 Washington Law Review 311 (March, 2021) |
American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
2021 |
Patrisia Macías-Rojas |
LIBERAL POLICIES, PUNITIVE EFFECTS: THE POLITICS OF ENFORCEMENT DISCRETION ON THE US-MEXICO BORDER |
46 Law and Social Inquiry 69 (February, 2021) |
This article examines why deportation and imprisonment for immigration offenses rose under presidential administrations that claimed to favor more humane approaches to immigration enforcement. I examine the politics of enforcement discretion on the US-Mexico border during the administrations of Bill Clinton (1993-2001) and Barack Obama (2009-17).... |
2021 |
Eric R. Claeys |
LIBERALISM, PATRIOTISM, AND COSMOPOLITANISM IN LOCAL CITIZENSHIP IN A GLOBAL AGE |
8 Texas A&M Journal of Property Law 1 (December 29, 2021) |
I. Introduction. 1 II. The Argument of Local Citizenship in a Global Age. 4 III. Assessing Local Citizenship in a Global Age. 6 IV. Immigration, Citizenship, and Cosmopolitanism. 8 V. Natural Rights, Cosmopolitanism, and Patriotism. 11 VI. Coopting Patriotism for Liberalism and Natural Rights. 12 VII. Reconsidering Local Citizenship in a Global... |
2021 |
Hiroshi Motomura |
MAKING IMMIGRATION LAW |
134 Harvard Law Review 2794 (June, 2021) |
C1-2CONTENTS Introduction. 2795 I. Looking Outward. 2797 A. Foreign Affairs. 2798 B. The Parole Power. 2799 C. The Suspension Power. 2800 D. International Immigration Power. 2802 II. Looking Inward. 2804 A. Beyond Conventional Wisdom. 2805 B. Discretion, Delegation, and the Shadow System. 2808 C. Familiar Answers, New Questions. 2810 III.... |
2021 |
Naseam Jabberi |
MAKING MARYLAND A SANCTUARY STATE - THE BATTLE OF IMMIGRATION ENFORCEMENT THROUGHOUT MARYLAND |
51 University of Baltimore Law Forum 124 (Spring, 2021) |
In recent years, issues of immigration have become a main topic of discussion throughout the United States. With President Trump basing a major campaign point on an idea of mass deportation, the concept of immigration enforcement became a front and center issue for many individuals. In one of the President's campaign announcements, he made it clear... |
2021 |
Rachel Insalaco |
MAKING THE EXTRAORDINARY ORDINARY: EXAMINING THE IMPACT OF SHIFTING IMMIGRATION POLICIES ON PROFESSIONAL ATHLETICS IN THE UNITED STATES |
28 Jeffrey S. Moorad Sports Law Journal 93 (2021) |
The beginning of professional sports in the United States can be traced back to 1871 with the establishment of the National Association of Professional Base Ball Players (NA), the country's first professional sports league. The years following the NA's establishment saw the emergence of competing professional baseball leagues to capitalize on the... |
2021 |
Megan Doherty Bea , Emily S. Taylor Poppe |
MARGINALIZED LEGAL CATEGORIES: SOCIAL INEQUALITY, FAMILY STRUCTURE, AND THE LAWS OF INTESTACY |
55 Law and Society Review 252 (June, 2021) |
Social classifications are increasingly interrelated, far-reaching, and consequential for socioeconomic outcomes. We use the concept of marginalized legal categories to describe how the law disadvantages individuals or groups by transforming inherently ordered social classifications into consequential legal categories, employing intestacy laws as... |
2021 |
Jamillah Bowman Williams |
MAXIMIZING #METOO: INTERSECTIONALITY & THE MOVEMENT |
62 Boston College Law Review 1797 (June, 2021) |
Introduction. 1798 I. The Law Continues to Fail Women of Color Thirty Years After Kimberlé Crenshaw's Intersectionality Insights. 1809 A. Intersectionality Theory. 1811 B. Federal Protection Disproportionately Excludes Women of Color. 1814 C. Mandatory Arbitration Silences Women of Color. 1818 D. Women of Color Are Marginalized Due to False... |
2021 |