| Author | Title | Citation | Summary | Year |
| Liav Orgad |
WHEN IS IMMIGRATION SELECTION DISCRIMINATORY? |
115 AJIL Unbound 345 (2021) |
Managing global migration is one of the most pressing issues of our time. Traditionally, international law has not generally regulated immigration and citizenship law; it defers to state authority in setting up rules and procedures for entry into the territory and citizenry. The lack of clear regulation--and a commonly accepted methodology on how... |
2021 |
| Eleanor Marie Lawrence Brown |
WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING |
61 American Journal of Legal History 3 (March, 2021) |
Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... |
2021 |
| Colm Ó Cinnéide |
WHY CHALLENGING DISCRIMINATION AT BORDERS IS CHALLENGING (AND OFTEN FUTILE) |
115 AJIL Unbound 362 (2021) |
International human rights law recognizes a general right to non-discrimination. This right has proved to have plenty of legal bite. It is regularly invoked at both international and national levels to challenge state action which discriminates against vulnerable groups on suspect grounds, such as race, gender, and disability. Such legal... |
2021 |
| Natsu Taylor Saito |
WHY XENOPHOBIA? |
31 Berkeley La Raza Law Journal 1 (2021) |
Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... |
2021 |
| Kit Johnson |
WOMEN OF COLOR IN IMMIGRATION ENFORCEMENT |
21 Nevada Law Journal 997 (Spring, 2021) |
Immigration enforcement agencies are among the most racially diverse in federal law enforcement. More than half of all women holding law enforcement positions within immigration agencies are minorities, though the overall number of female agents is relatively small. This Essay focuses on women of color in immigration enforcement. It begins with a... |
2021 |
| Michael Neal |
ZERO TOLERANCE FOR PRETRIAL RELEASE OF UNDOCUMENTED IMMIGRANTS |
30 Boston University Public Interest Law Journal 1 (Winter, 2021) |
2 Introduction. 2 I.Mass Pretrial Incarceration of Undocumented Immigrants. 6 A. The Bail Reform Act of 1984--History and Provisions. 7 B. The Immediate Impact of the BRA on Pretrial Release. 14 C. Closing the Back Door on Undocumented Immigrants. 16 D. Zero Tolerance Immigration Enforcement and Prosecution. 20 E. The Unlawful Presumption... |
2021 |
| Jeffrey R. Baker, Allyson McKinney Timm |
ZERO-TOLERANCE: THE TRUMP ADMINISTRATION'S HUMAN RIGHTS VIOLATIONS AGAINST MIGRANTS ON THE SOUTHERN BORDER |
13 Drexel Law Review 581 (2021) |
In 2017, the Trump Administration imposed its policy of zero-tolerance immigration enforcement on the southern border. This policy resulted in the forcible separation of families and the prolonged detention of children in harsh conditions without due process or adequate resources. The Trump Administration unleashed these policies to deter people... |
2021 |
| |
#Livingwhileblack: Racially Motivated 911 Calls as a Form of Private Racial Profiling |
92 Temple Law Review Online 55 (2020) |
Private racial profiling is not new, but racially motivated 911 calls are a new method for private citizens to police Black people. Specifically, #LivingWhileBlack refers to the recent increase in 911 calls white people make on Black people who are going about normal daily activities. These everyday activities have included a family eating at... |
2020 |
| Justin M. Loveland |
40 Years Later: It's Time for Us Ratification of the American Convention on Human Rights |
18 Seattle Journal for Social Justice 129 (Spring, 2020) |
I. United States Concerns: Sovereignty, RUDs, Federalism, and the Interaction of the ACHR with US Law. 134 A. State Sovereignty and US Exceptionalism vs. Conventionality Control. 134 B. Federalism and its Tireless Preservation. 141 C. Reservations, Understandings, and Declarations. 144 1. The Continued Presence of the Bricker Amendment. 49 2.... |
2020 |
| Ali Shan Ali Bhai |
A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases |
69 Duke Law Journal 1149 (February, 2020) |
When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial... |
2020 |
| Andrew N. Klokiw |
A Fifth Wave? A Contemporary Comparative Study of Ukrainian Immigration to the United States, 1870-2019 |
98 Texas Law Review 757 (March, 2020) |
This Note presents an in-depth look into the immigration patterns of Ukrainians to the United States over the past 150 years. The underlying theory that I seek to explore and build upon in this Note is that Ukrainian-Americans represent a truly unique group in the broader tapestry of American immigration, as they have been landing on America's... |
2020 |
| Raquel E. Aldana , Thomas O'Donnell |
A Look Back at the Warren Court's Due Process Revolution Through the Lens of Immigrants |
51 University of the Pacific Law Review 633 (2020) |
C1-2Table of Contents I. The Historical Context and the Immigration Law Procedural Due Process Cases during the Warren Court. 638 A. The Historical Context. 638 B. The Warren Court's Immigration Due Process Cases. 645 1. Immigration Investigations and Criminal Prosecutions. 646 2. Due Process in Asylum Cases. 647 3. Due Process of Returning Lawful... |
2020 |
| Gabriel J. Chin |
A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens |
100 Boston University Law Review 1271 (September, 2020) |
U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially... |
2020 |
| Jonathan C. Augustine |
A Theology of Welcome: Faith-based Considerations of Immigrants as Strangers in a Foreign Land |
19 Connecticut Public Interest Law Journal 245 (Spring, 2020) |
When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt . On Wednesday, August 7, 2019, United States immigration authorities raided seven food processing plants in small towns... |
2020 |
| John Witte, Jr., Robert W. Woodruff University Professor of Law; McDonald Distinguished Professor of Religion; Director, Center for the Study of Law and Religion, Emory University |
A Tribute to Frank S. Alexander |
35 Journal of Law and Religion 194 (August, 2020) |
A time of troubles, in Toynbee's words, is a period of crisis in law and values--a loss of faith in law and in the presence of principles underlying the law. Today is just such a time - the authority of law has disintegrated into lawless authority .. Cries for the protection of human life are heard in our hospitals, and in our prayers, but we are... |
2020 |
| Anna Shifrin Faber |
A Vessel for Discrimination: the Public Charge Standard of Inadmissibility and Deportation |
108 Georgetown Law Journal 1363 (April, 2020) |
Law . becomes civilized to the extent that it is self-conscious of what it is doing. C1-2Table of Contents Introduction. 1364 I. Public Charge: Now and Then. 1366 a. the current standard. 1366 1. Admission. 1367 2. Deportation. 1369 b. history of public charge. 1369 1. The Colonial Era to the Beginning of the Twentieth Century. 1370 2. The Early... |
2020 |
| Ashley Dylenski |
Abolishing Ice Is Not Enough: Using Conservative Judicial Principles to Protect Unauthorized Immigrants from a "Tyrannical Bureaucracy" |
26 Cardozo Journal of Equal Rights & Social Justice 525 (Spring, 2020) |
C1-2Table of Contents I. Abolishing ICE Alone Will Not Create a More Humane Immigration System. 531 A. Untangling the Executive Immigration Agencies & Their Functions. 531 B. How Much Process is Due to Unauthorized Immigrants?. 537 C. The Zero Tolerance Policy & Family Separations Could Still Have Happened Without ICE. 543 II.Challenging The... |
2020 |
| Marzia Barbera, Venera Protopapa |
Access to Justice and Legal Clinics: Developing a Reflective Lawyering Space Some Insights from the Italian Experience |
27 Indiana Journal of Global Legal Studies 249 (Winter, 2020) |
As stated in the introduction to this special issue, the right to access to justice is critical in a liberal state: it allows individuals to defend their interests in court and to achieve full inclusion in the political community. Nonetheless, epistemological, class, and market inequalities have historically hindered its realization. Worldwide,... |
2020 |
| Greta Byrum |
Addressing the Social Cost of Digital Transition: a New Decennial Census for 2020 |
47 Fordham Urban Law Journal 883 (June, 2020) |
Introduction. 884 I. Anticipating an Undercount: Center for Popular Democracy Action v. Bureau of the Census. 888 II. The Mechanics of Digital Transition. 890 A. Internet Self-Response (ISR) Portal. 891 B. Non-Response Follow Up (NRFU) Platform. 893 C. Imputation, Not Sampling. 893 III. Digital Equity Risks. 896 A. Digital Equity Risk Analysis. 899... |
2020 |
| Jeena Shah |
Affirming Affirmative Action by Affirming White Privilege: Sffa V. Harvard |
108 Georgetown Law Journal Online 134 (2020) |
Harvard College's race-based affirmative action measures for student admissions survived trial in a federal district court. Harvard's victory has since been characterized as [t]hrilling, yet [p]yrrhic. Although the court's reasoning should be lauded for its thorough assessment of Harvard's race-based affirmative action, the roads not taken by... |
2020 |
| Collins C. Ajibo , Miriam C. Anozie, Timothy O. Umahi, Samuel I. Nwatu |
Africa-china Investment Partnership for Development: the Downside, the Promises and a Roadmap for the Future |
15 Asian Journal of WTO & International Health Law & Policy 285 (March, 2020) |
The emergence of China as a major capital exporting country, bolstered by its policy of the Belt and Road initiative (BRI), has resulted in an unprecedented influx of Chinese investment, loan financing and infrastructure development ever recorded by a single investor in Africa. The Chinese investment straddles virtually all sectors, ranging from... |
2020 |
| Peter L. Markowitz |
After Ice: a New Humane & Effective Immigration Enforcement Paradigm |
55 Wake Forest Law Review 89 (Spring, 2020) |
In recent years, as the U.S. Immigration and Customs Enforcement Agency's (ICE) brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed... |
2020 |
| Stephen Macedo |
After the Backlash: Populism and the Politics and Ethics of Migration |
14 Law & Ethics of Human Rights 153 (November, 2020) |
Abstract: In the U.S., and elsewhere, populism has been democracy's way of shaking elites up. We can view populism in part as a revolt of the losers, or perceived losers, of globalization. Yet elites have often paid too little heed to the domestic distributive impact of high immigration and globalized trade. Immigration and globalization are also... |
2020 |
| Martin H. Malin |
Alt Labor? Why We Still Need Traditional Labor |
95 Chicago-Kent Law Review 157 (2020) |
The United States' workplace is characterized by income inequality, and there is strong evidence that the decline of collective bargaining has played a significant role in that phenomenon. There is also strong evidence that U.S. workers are experiencing a significant voice gap, i.e., a significant difference between the level of influence they... |
2020 |
| Mehwish Shaukat |
American Muslim Women: Who We Are and What We Demand from Feminist Jurisprudence |
31 Hastings Women's Law Journal 155 (Summer, 2020) |
It is time for feminist jurisprudence to recognize American Muslim women (AMW) as a distinct and agentic group. For too long, feminist discourse has victimized and objectified Muslim women. Our identities are constructed, deconstructed, and weaponized to suit third party needs; yet, our voices are rarely heard. When feminist legal theories... |
2020 |
| Gabriel Sáenz |
America's Second-class Children: an Examination of President Trump's Immigration Policies on Migrant Children and Inquiry on Justice Through the Catholic Perspective |
22 Scholar: St. Mary's Law Review on Race and Social Justice 143 (2020) |
I. Just Standard vs. Malignant Standard. 145 II. The Malignant Standard. 151 A. Brief Background on the Recent Wave of Immigrant Children Coming to the United States. 151 B. Trump's Administration Responded with Family Separation. 152 C. Trump's Administration has Undermined and Attacked Programs Designed to Help Immigrant Children in Immigration... |
2020 |
| Carrie L. Rosenbaum |
Anti-democratic Immigration Law |
97 Denver Law Review 797 (Summer, 2020) |
[I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... |
2020 |
| Tamas Dezso Ziegler |
Anti-enlightenment in International Business and Trade Law: a U.s.-- E.u. Comparison |
19 Journal of International Business and Law 162 (Spring, 2020) |
After the inauguration of Donald Trump as president of the U.S. and the success of authoritarian, far-right leaders in certain countries in the E.U., the legal framework of international trade changed drastically. This article elaborates on this phenomenon by highlighting the effect of the Western anti-Enlightenment tradition, a tradition... |
2020 |
| Monica C. Bell |
Anti-segregation Policing |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the... |
2020 |
| |
Appeals |
49 Georgetown Law Journal Annual Review of Criminal Procedure 1001 (2020) |
Jurisdiction. Federal appellate courts generally only review final decisions of the district courts. Thus, an appeal is not allowed from any decision which is tentative, informal or incomplete. In criminal matters, an appeal usually may only be taken after the district court has imposed a sentence. After a notice of appeal is filed, the district... |
2020 |
| Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy |
Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality |
71 Alabama Law Review 893 (2020) |
Introduction. 895 I. Impartiality and Disparities in Legal Outcomes. 899 A. The Equilibrium. 899 B. Implicit Judicial Biases. 903 C. Structural Biases. 912 D. Attempts to Reduce Outcome Disparities. 919 E. Reducing Disparities Through Online Proceedings?. 924 II. Empirical Study of Legal Outcomes Online and Offline: Disparities and Potential... |
2020 |
| Cynthia Willis-Esqueda, Ph.D. |
Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias |
67 UCLA Law Review 1204 (November, 2020) |
Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it... |
2020 |
| Jennifer Terrell |
Ballot Denied: Voting in the Age of Covid-19 |
34-OCT CBA Record 20 (September/October, 2020) |
During Indiana's primary election this year, held in June, Angela Horne and hermother planned to vote as they always do--by casting a ballot at their polling place. Because of safety concerns amidst the COVID-19 pandemic, however, Marion County opened only 22 polling places in this election--less than 10% of the normal amount. Angela's mother lives... |
2020 |
| Walter I. Gonçalves, Jr. |
Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions |
10 Columbia Journal of Race and Law L. 1 (2020) |
Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... |
2020 |
| Jennifer Lee Koh |
Barricading the Immigration Courts |
69 Duke Law Journal Online 48 (February, 2020) |
The nation's immigration courts are rapidly deteriorating. The American Bar Association has characterized the Department of Justice-run court system as irredeemably dysfunctional and on the brink of collapse. Historic highs in the immigration court backlog, coupled with the stridency of the federal government's immigration enforcement agenda,... |
2020 |
| Mika Galilee-Belfer |
Bdsm, Kink, and Consent: What the Law Can Learn from Consent-driven Communities |
62 Arizona Law Review 507 (Summer, 2020) |
Millions of Americans participate in consensual, mutually agreed-upon activities such as bondage, dominance, and submission--collectively referred to as BDSM or kink--yet the relationship between individual consent to such participation and consent as legally understood and defined is imperfect at best. Because the law has not proven adept at... |
2020 |
| Christopher E. Smith |
Blue Lives Matter Versus Black Lives Matter: Beneficial Social Policies as the Path Away from Punitive Rhetoric and Harm |
44 Vermont Law Review 463 (Spring, 2020) |
Introduction. 463 I. Counterreaction: Origins and Outcomes. 464 A. The Origins of Two Organizations. 464 B. The Policy Response: Punitive Laws. 467 II. Beneficial Policies: Getting Serious About Protecting and Supporting Police Officers. 470 A. Resources. 471 B. Public Policy. 474 C. Respecting Black Lives Matter. 480 Conclusion. 489 |
2020 |
| |
Book Notes |
45 Law and Social Inquiry 1185 (November, 2020) |
L1-2CONTENTS Constitutional Theory and History. 1186 Criminal Justice and Social Control: Capital Punishment. 1186 Criminal Justice and Social Control: The Carceral State. 1187 Criminal Justice and Social Control: General. 1187 Criminal Justice and Social Control: Policing. 1188 Human Rights. 1189 Islamic Law and Society. 1189 Judicial Selection.... |
2020 |
| Richard Delgado , Jean Stefancic |
Borders by Consent: a Proposal for Reducing Two Kinds of Violence in Immigration Practice |
52 Arizona State Law Journal 337 (Summer, 2020) |
We describe a new consensual theory of borders and immigration that reverses Peter Schuck's and Rogers Smith's notion of citizenship by consent and posits that borders are legitimate--and make sense--only if they are products of consent on the part of both countries on opposite sides of them. Our approach, in turn, leads to differential borders... |
2020 |
| Stewart Chang |
Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair |
42 University of Hawaii Law Review Rev. 4 (Spring, 2020) |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various... |
2020 |
| Ernesto Sagás , Ediberto Román |
Build the Wall and Wreck the System: Immigration Policy in the Trump Administration |
26 Texas Hispanic Journal of Law and Policy 21 (Spring, 2020) |
When Donald J. Trump launched his presidential bid in 2015, he promised: I will build a great, great wall on our southern border. And I will have Mexico pay for that wall. Mark my words. He often repeated this promise at campaign rallies, sparking chants of Build the wall! Build the wall! from an ecstatic crowd. However, as of early 2020,... |
2020 |
| Priscilla Mendoza |
Calentando Las Hieleras ("Warming up the Ice Boxes"): Holding For-profit, Private Detention Centers Accountable for Immigrant Detainees' Due Process Rights |
44 Thurgood Marshall Law Review 163 (Spring, 2020) |
When most people hear hieleras or iceboxes, they are probably thinking of getting ready to take out the beers, sodas, and waters to a family cookout, camping trip or any other outdoor activity. However, that is not the case when you're speaking to immigrants, immigration lawyers, and immigration activists. The latter has a much crueler meaning... |
2020 |
| Daniel G. Orenstein , Stanton A. Glantz |
Cannabis Legalization in State Legislatures: Public Health Opportunity and Risk |
103 Marquette Law Review 1313 (Summer, 2020) |
Cannabis is widely used in the United States and internationally despite its illicit status, but that illicit status is changing. In the United States, thirty-three states and the District of Columbia have legalized medical cannabis, and eleven states and D.C. have legalized adult use cannabis. A majority of state medical cannabis laws and all but... |
2020 |
| Karen Korematsu |
Carrying on Korematsu: Reflections on My Father's Legacy |
9 California Law Review Online 95 (January, 2020) |
Five months before he passed away, my father, Fred Toyosaburo Korematsu, gave me a charge: continue his mission to educate the public and remind people of the dangers of history. At that time, I was running my commercial interior design firm. I was far from a public speaker, educator, and civil rights advocate. However, for the previous four years... |
2020 |
| Sheldon A. Evans |
Categorical Nonuniformity |
120 Columbia Law Review 1771 (November, 2020) |
The categorical approach, which is a method federal courts use to categorize which state law criminal convictions can trigger federal sanctions, is one of the most impactful yet misunderstood legal doctrines in criminal and immigration law. For thousands of criminal offenders, the categorical approach determines whether a previous state law... |
2020 |
| Nancy E. Dowd |
Children's Equality Rights: Every Child's Right to Develop to Their Full Capacity |
41 Cardozo Law Review 1367 (April, 2020) |
Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state,... |
2020 |
| Shanzeh Daudi |
Choosing Between Healthcare and a Green Card: the Cost of Public Charge |
70 Emory Law Journal 201 (2020) |
Public charge policy has been part of the nation's infrastructure since its colonial beginnings. The policy originated as a barrier to protect taxpayers from individuals who posed a risk of becoming a charge on society, relying on public aid and governmental support. Congress last addressed the public charge statute in 1952 in the Immigration and... |
2020 |
| Mirian G. Martinez-Aranda |
Collective Liminality: the Spillover Effects of Indeterminate Detention on Immigrant Families |
54 Law and Society Review 755 (December, 2020) |
This article introduces the concept of collective liminality, a shared condition of heightened threat and uncertainty experienced by immigrant detainees and their families, as they wait, caught between two possible outcomes: their loved one's (temporary or permanent) release into the US or deportation. Drawing on 2 years of ethnographic data... |
2020 |
| Jasmine B. Gonzales Rose |
Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection |
44 New York University Review of Law and Social Change 309 (2020) |
Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too... |
2020 |
| Savannah Kumar |
Compelling Labor and Chilling Dissent: Creative Resistance to Coercive Uses of Solitary Confinement in Prisons and Immigration Detention Centers |
36 Harvard Blackletter Law Journal 93 (Spring, 2020) |
Solitary confinement has been used for centuries as a mechanism for controlling incarcerated people. Increasingly, however, prisons and immigration detention centers are strategically administering solitary confinement specifically to compel incarcerated people to perform labor. The largely uncompensated labor of incarcerated people results in... |
2020 |