AuthorTitleCitationSummaryYear
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
Claudia Fendian MENTAL HEALTHCARE FOR IMMIGRANTS AND FIRST-GENERATION FAMILIES: ERASING THE STIGMA AND CREATING SOLUTIONS 24 Journal of Health Care Law and Policy 1 (2021) In the U.S., one in four people suffer from some sort of mental illness. Additionally, in the U.S., one in four people are immigrants or first-generation Americans. Tens of millions of people in the U.S. are in need of mental healthcare resources, and many of them are immigrants or first-generation individuals. With immigrants facing their own set... 2021
Ava Ayers MISSING IMMIGRANTS IN THE RHETORIC OF SANCTUARY 2021 Wisconsin Law Review 473 (2021) The idea of sanctuary for undocumented immigrants started among activists and was soon adopted by governments. In this process, the idea changed. This Article follows sanctuary's changing moral content by studying the reasons that states and localities give when they adopt sanctuary policies limiting their cooperation with federal immigration... 2021
Stephen P. Ruszczyk MORAL CAREER OF MIGRANT IL/LEGALITY: UNDOCUMENTED MALE YOUTHS IN NEW YORK CITY AND PARIS NEGOTIATING DEPORTABILITY AND REGULARIZABILITY 55 Law and Society Review 496 (September, 2021) As undocumented youths transition from arrival to adolescence to adulthood, regimes of migrant il/legality shape their lives in varying ways. Over the life course, undocumented youths' legal status may also shift, creating different careers of il/legality, sequences characterized by changes to legal status over time that re-shape self, mobility,... 2021
Jennifer M. Chacón MOVING FORWARD 50 Southwestern Law Review 208 (2021) We live in a world of permeable borders. Money, goods, information, and the global elite move across borders almost effortlessly. Corporate entities straddle borders, and governmental policies have transnational effect. But not everyone moves easily across borders. In the United States, federal laws permit the expulsion and the permanent exclusion... 2021
Sarah Houston NOW THE BORDER IS EVERYWHERE: WHY A BORDER SEARCH EXCEPTION BASED ON RACE CAN NO LONGER STAND 47 Mitchell Hamline Law Review 197 (February, 2021) I. Introduction. 197 II. Historical Background. 201 A. History of Expedited Removal. 201 B. Immigration Exceptionalism on the Border. 203 III. Race Can No Longer Justify Immigration Stops and Searches. 207 A. Demographic Shift--Latinos as a Majority Presence. 207 B. The Creeping Expansion of Immigration Enforcement Past the Border. 211 C. Vagueness... 2021
Hugh Cassidy , Tennecia Dacass , Kansas State University, Central Washington University OCCUPATIONAL LICENSING AND IMMIGRANTS 64 Journal of Law & Economics 1 (February, 2021) This study examines the incidence and impact of occupational licensing on immigrants using two sources of data: the Current Population Survey and the Survey of Income and Program Participation. We find that immigrants are significantly less likely to have a license than similar natives and that this gap is largest for men, workers in the highest... 2021
Etienne C. Toussaint OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN 52 Columbia Human Rights Law Review 826 (Winter, 2021) The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... 2021
Michael McCann , Filiz Kahraman ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES 17 Annual Review of Law and Social Science 483 (2021) legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... 2021
Christian Sundquist PANDEMIC POLICING 37 Georgia State University Law Review 1339 (Summer, 2021) C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 2021
Christian Powell Sundquist PANDEMIC SURVEILLANCE DISCRIMINATION 51 Seton Hall Law Review 1535 (2021) I. Introduction. 1535 II. The Racialization of Public Health Crises. 1536 III. Surveillance Discrimination. 1537 IV. Conclusion. 1545 2021
D. Anthony PERILS OF THE REVERSE SILVER PLATTER UNDER U.S. BORDER PATROL OPERATIONS 16 University of Massachusetts Law Review 232 (Spring, 2021) In the face of expanding U.S. Border Patrol operations across the country, that agency often acquires evidence during its searches that is unrelated to immigration or other federal crimes but may involve state crimes. States are then faced with the question of whether to accept such evidence for state prosecutions when it was lawfully obtained by... 2021
Rachel F. Moran PERSISTENT INEQUALITIES, THE PANDEMIC, AND THE OPPORTUNITY TO COMPETE 27 Washington and Lee Journal of Civil Rights and Social Justice 589 (Spring, 2021) C1-2Table of Contents I. Introduction. 590 II. Persistent Inequalities: Race, Ethnicity, Class, Language, and Immigration. 592 A. Race, Ethnicity, and the Intransigence of Segregation in the Schools. 593 B. The Intersection of Race, Ethnicity, and Poverty. 596 C. Additional Dimensions of Difference: Language and Immigration Status. 599 D. Greater... 2021
Tania N. Valdez PLEADING THE FIFTH IN IMMIGRATION COURT: A REGULATORY PROPOSAL 98 Washington University Law Review 1343 (2021) Protections of noncitizens' rights in immigration removal proceedings have remained minimal even as immigration enforcement has exponentially increased. An overlooked, but commonplace, problem in immigration court is the treatment of the constitutional right against self-incrimination. Two routine scenarios occur where noncitizens are asked to... 2021
Aya Gruber POLICING AND "BLUELINING" 58 Houston Law Review 867 (Symposium, 2021) In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... 2021
  PROSECUTORIAL DISCRETION 50 Georgetown Law Journal Annual Review of Criminal Procedure 269 (2021) The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... 2021
Jennifer Bennett Shinall PROTECTING PREGNANCY 106 Cornell Law Review 987 (May, 2021) Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced farther than ever before in the House of Representatives. Four types of legislative protections for pregnant workers currently... 2021
Andrew T. Hayashi , Richard M. Hynes PROTECTIONIST PROPERTY TAXES 106 Iowa Law Review 1091 (March, 2021) National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... 2021
Jeremiah A. Ho QUEERING BOSTOCK 29 American University Journal of Gender, Social Policy and the Law 283 (2021) I. Introduction. 284 II. Conceptualizations of Anti-Queer Stereotypes. 289 A. Modern Historical Origins. 289 B. Anti-Queer Stereotyping Effects in Law. 295 III. Anti-Stereotyping Strategies. 301 A. Gender Discrimination. 303 B. LGBTQ Discrimination. 315 1. Animus in Romer. 316 2. Dignity in Lawrence. 321 3. Anti-Stereotyping in Windsor &... 2021
Ric Simmons RACE AND REASONABLE SUSPICION 73 Florida Law Review 413 (March, 2021) The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect's race when conducting criminal investigations. The civil rights movement and the progressive... 2021
Jack M. Balkin RACE AND THE CYCLES OF CONSTITUTIONAL TIME 86 Missouri Law Review 443 (Spring, 2021) C1-2Table of Contents Table of Contents. 443 I. Introduction. 444 II. The Cycle of Regimes. 445 A. Political Regimes in the Antebellum Era. 446 B. The Republican Regime. 449 D. The New Deal/Civil Rights Regime. 454 E. The Reagan Regime and the Culture Wars. 456 III. The Cycle of Polarization and Depolarization. 463 A. Racial Polarization in... 2021
Michelle Foster , Timnah Rachel Baker RACIAL DISCRIMINATION IN NATIONALITY LAWS: A DOCTRINAL BLIND SPOT OF INTERNATIONAL LAW? 11 Columbia Journal of Race and Law 83 (January, 2021) Statelessness has historically been overlooked by the international community, but it is now a significant focus of the work of academics, advocates, and international institutions. The United Nations High Commissioner for Refugees' campaign to end statelessness by 2024 is now past its half-way point. Yet, while it is understood that statelessness... 2021
Vinay Harpalani RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS 37 Georgia State University Law Review 1361 (Summer, 2021) This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... 2021
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021
Charlene Galarneau , Ruqaiijah Yearby RACISM, HEALTH EQUITY, AND CRISIS STANDARDS OF CARE IN THE COVID-19 PANDEMIC 14 Saint Louis University Journal of Health Law & Policy 211 (2021) Long-standing and deeply embedded institutional racism, notably anti-Black racism in U.S. health care, has provided a solid footing for the health inequities by race evident in the COVID-19 pandemic. Inequities in susceptibility, exposure, infection, hospitalization, and treatment reflect and reinforce this racism and cause incalculable and... 2021
Jelani Jefferson Exum RECONSTRUCTION SENTENCING: REIMAGINING DRUG SENTENCING IN THE AFTERMATH OF THE WAR ON DRUGS 58 American Criminal Law Review 1685 (Fall, 2021) L1-2Introduction . L31685 I. The Need for Reconstruction: Then and Now. 1687 II. Understanding the War on Drugs: The Weapons, The Tactics, and the Casualties. 1691 III. Why Interpretation Matters: A Lesson from the Thirteenth Amendment. 1698 A. The Thirteenth Amendment: Original Interpretation. 1698 B. Reinterpreting the Thirteenth Amendment: An... 2021
Sahar F. Aziz REFLECTIONS ON SECURITY, RACE, AND RIGHTS TWENTY-YEARS AFTER 9/11 12 Journal of National Security Law & Policy 135 (2021) L1-2Introduction . L3135 I. Race and Counterterrorism. 137 A. FBI Voluntary Interviews. 139 B. Terrorist Watch Lists. 140 C. Public Scrutiny and Government Surveillance. 141 II. Manufacturing Muslim Terrorism Through Predatory Sting Operations. 144 III. Insights for Future Policy Makers. 146 A. Be a Professional, Not a Politician. 147 B. Improve... 2021
Beth Caldwell REFLECTIONS ON THE RIGHT TO MOVE FREELY ACROSS BORDERS 50 Southwestern Law Review 359 (2021) The essays in this symposium highlight the depth and breadth of the injustice and inhumanity of U.S. immigration law. While injustice in immigration law is nothing new, the hateful rhetoric that has been routinely directed toward immigrants from the highest levels of government, and the extreme policies that accompany this rhetoric, have elevated... 2021
Gabriel J. Chin RELIEF AND STATUTES OF LIMITATION FOR DEPORTABLE NONCITIZENS UNDER ASIAN EXCLUSION, 1882-1948 50 Southwestern Law Review 218 (2021) Reading Deported Americans is like watching a horror movie; it is all too easy to anticipate the terror coming. But it is no fantasy; this nightmare is real life. The book is the story of good people, many with close connections to the United States, deported without mercy or individual consideration. Sometimes, although not always, they are... 2021
Stéphanie Hennette-Vauchez RELIGIOUS NEUTRALITY, LAÏCITÉ AND COLORBLINDNESS: A COMPARATIVE ANALYSIS 42 Cardozo Law Review 539 (May, 2021) C1-3Table of Contents L1-2Introduction . L3540 I. A Caveat to Comparability. 549 II. Modes of Reasoning. 552 A. Formalistic Legal Reasoning, Anti-Classification as Symmetry, and the Limited Reach of Anti-Discrimination Law. 552 B. Shielding Discrimination from Equality and Anti-Discrimination Law. 568 1. The Public/Private Divide as a Limit on... 2021
Erica D. Rosenbaum RELYING ON THE UNRELIABLE: CHALLENGING USCIS'S USE OF POLICE REPORTS AND ARREST RECORDS IN AFFIRMATIVE IMMIGRATION PROCEEDINGS 96 New York University Law Review 256 (April, 2021) Although many scholars have recognized the need for increased procedural protections for immigrants in removal proceedings, very little attention has been paid to the process afforded to immigrants applying affirmatively to acquire lawful status. However, due to the collection of important interests implicated by affirmative immigration... 2021
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