| Author | Title | Citation | Summary | Year |
| Camille Gear Rich |
Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child |
104 Minnesota Law Review 2375 (May, 2020) |
Introduction. 2377 I. Packaging Race in the ART Market. 2391 A. Packaging Gametes. 2392 B. Packaging Race. 2397 C. Packaging and Its Effect on Consumer Perceptions. 2405 1. The Re-Biologization of Race. 2406 2. Re-Instantiating Racial Categories. 2407 3. Racial Purity Rules. 2409 4. The Toxic Search for Whiteness. 2410 5. Anti-Miscegenation Ethos.... |
2020 |
| Stephen M. Feldman |
Court-packing Time? Supreme Court Legitimacy and Positivity Theory |
68 Buffalo Law Review 1519 (December, 2020) |
Many progressives have decided they need to change the Supreme Court to break the conservative justices' lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing--adding justices to shift the partisan balance on the Court--to other possible... |
2020 |
| Marisol Orihuela |
Crim-imm Lawyering |
34 Georgetown Immigration Law Journal 613 (Spring, 2020) |
C1-2Table of Contents Introduction. 614 I. The Rise of Crim-Imm. 616 II. Lawyering Theory in Criminal and Immigration Law. 619 A. Why Lawyering Models Matter. 620 1. Early Social Change Lawyering Scholarship. 621 2. Intentionality and Self-Reflection. 622 B. Lawyering Theory in Immigration Law. 623 1. Community Lawyering. 624 2. Movement Lawyering.... |
2020 |
| Veronika Bajt |
CrImmigration and Nationalist Paranoia |
81 IUS Gentium 171 (2020) |
Abstract In recent years, European borders have become subject to augmented securitisation, surveillance and militarisation, while EU migration policies are increasingly based on exclusion and denial of migrants' rights. Migration across the globe, both in public policy debates and in everyday life of ordinary people, has increasingly become... |
2020 |
| Shoba Sivaprasad Wadhia |
Darkside Discretion in Immigration Cases |
72 Administrative Law Review 367 (Summer, 2020) |
Darkside Discretion refers to a situation where the noncitizen satisfies the statutory criteria set by Congress to be eligible for remedy, but in the end, the adjudicator invokes discretion as the reason the noncitizen loses, resulting in tangible harms. Imagine a woman who arrived in the United States six months ago who meets her burden of... |
2020 |
| Rick Su |
Democracy in Rural America |
98 North Carolina Law Review 837 (May, 2020) |
The conventional wisdom is that rural America has an outsized influence on American politics. Yet, rural residents increasingly feel disempowered, devalued, and divorced from the policy decisions that affect their everyday lives. This Article argues that this widespread political disaffection cannot be entirely explained by rural decline. Such... |
2020 |
| Lauren M. Ouziel |
Democracy, Bureaucracy, and Criminal Justice Reform |
61 Boston College Law Review 523 (February, 2020) |
Introduction. 525 I. The Criminal Justice Reform Literature and Its Limits. 534 A. Democracy-Focused Scholarship. 534 B. Bureaucracy-Focused Scholarship. 537 II. Democracy and Bureaucracy in Criminal Justice. 540 A. The Public. 541 1. Interests and Outcomes. 543 2. Communities and Responsiveness. 545 3. Implications. 552 B. The Bureaucracy. 553 1.... |
2020 |
| Meg E. Ziegler |
Disabling Language: Why Legal Terminology Should Comport with a Social Model of Disability |
61 Boston College Law Review 1183 (March, 2020) |
Abstract: The disability terminology used in the law has evolved significantly over time. This evolution has mirrored various models for treating and perceiving disability in society, from the moral model of disability as a sin to the medical model of disability as a defect to be cured. After witnessing the success of the Civil Rights Movement,... |
2020 |
| Federalist Society Panel |
Discrimination Against Minorities |
45 University of Dayton Law Review 445 (Summer, 2020) |
The following is a transcript of a 2018 Federalist Society panel entitled Discrimination Against Minorities. The panel originally occurred on November 16, 2018, during the National Lawyers Convention in Washington, D.C. The panelists were: Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law; Dr. Althea Nagai,... |
2020 |
| Ann M. Eisenberg |
Distributive Justice and Rural America |
61 Boston College Law Review 189 (January, 2020) |
Introduction. 191 I. Understanding Today's Rural Landscape. 201 A. Differentiating the Four Rural Americas. 202 B. Background on Chronic Rural Poverty. 204 C. Background on Rural Economic Transformation. 206 D. Rural as an Intersectional Concept. 213 II. Distributive Justice and the Rural Condition. 214 A. Theories of Distributive Justice. 215 B.... |
2020 |
| Asad Rahim |
Diversity to Deradicalize |
108 California Law Review 1423 (October, 2020) |
For four decades, diversity has functioned as the dominant rationale for affirmative action. During this time, scholars have debated whether diversity should have this hegemonic hold on the policy. Central to the debate is Justice Lewis Powell's opinion in Bakke, an opinion that no other justice joined. What motivated him to turn to the diversity... |
2020 |
| Caitlin Cavanagh, Erica Dalzell , Elizabeth Cauffman , Michigan State University, University of California, Irvine |
Documentation Status, Neighborhood Disorder, and Attitudes Toward Police and Courts among Latina Immigrants |
26 Psychology, Public Policy, and Law 121 (February, 2020) |
Individuals who live in disordered neighborhoods tend to view the justice system more negatively. However, some families with an undocumented member may feel compelled to remain undetected or may lack the means for suitable housing, and thus may have little choice but to live in disordered neighborhoods. The present study answers the question, does... |
2020 |
| Susan V. Koski, LP.D. , Kathleen Bantley, Esq. |
Dog Whistle Politics: the Trump Administration's Influence on Hate Crimes |
44 Seton Hall Legislative Journal 39 (2020) |
I. INTRODUCTION. 39 II. SYSTEMIC PREJUDICE & HATEISMS. 41 A. African Americans and Racism. 41 B. Women and Misogynism. 43 C. LGBTQ+ and Heterosexism. 46 D. Immigrants and Nativism. 48 E. Religion, Anti-Semitism & Anti-Islamism. 50 III. HATE CRIME LEGISLATION & STATISTICS. 52 IV. THE OBAMA ADMINISTRATION. 55 V. DOG WHISTLE POLITICS: THE TRUMP... |
2020 |
| Xinge He, Emma Johnson, Lauren Katz, Blake Pescatore, Alexandra Rogers, Eva Schlitz |
Domestic Violence |
21 Georgetown Journal of Gender and the Law 253 (2020) |
I. Introduction. 253 II. Current Organization of Domestic Violence Law. 255 A. Federal Laws Relating to Domestic Violence. 256 1. The Violence Against Women Act. 256 a. Immigrant Women. 260 b. LGBT Individuals. 262 c. Native Americans. 263 d. Ongoing Criticisms. 265 2. The Lautenberg Amendment. 266 3. Title IX. 269 B. State Law Relating to Domestic... |
2020 |
| Teri Dobbins Baxter |
Dying for Equal Protection |
71 Hastings Law Journal 535 (April, 2020) |
When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor... |
2020 |
| Erin M. Carr |
Educational Equality and the Dream That Never Was: the Confluence of Race-based Institutional Harm and Adverse Childhood Experiences (Aces) in Post-brown America |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 115 (Fall, 2020) |
C1-3Table of Contents I. Introduction. 115 II. Trauma, Institutional Racism, and Cognitive Development: The Trifecta of Childhood Harm. 116 III. Educational Equality: The Dream That Never Was. 123 IV. The School-to-Prison Pipeline as the Manifestation and Perpetuation of Race-Base Adverse Childhood Experiences (ACEs). 126 V. Recommendations for a... |
2020 |
| Cecillia D. Wang |
Ending Bogus Immigration Emergencies |
129 Yale Law Journal Forum 620 (2/15/2020) |
abstract. In 1944, Justice Jackson dissented in Korematsu, warning that the majority's decision would lie[] about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Seventy-five years later, President Donald Trump has picked up that doctrinal weapon. This Essay sets out three... |
2020 |
| Aziz Z. Huq |
Equality's Understudies |
118 Michigan Law Review 1027 (April, 2020) |
Practical Equality: Forging Justice in a Divided Nation. By Robert L. Tsai. New York: W.W. Norton & Company, Inc. 2019. Pp. 276. $27.95. Our Republic these days is riven by divides about what equality demands of us as private and public actors. Consider just a few recent examples: Harvard University is challenged in federal court for preferring... |
2020 |
| Antonios Kouroutakis |
Eu Action Plan Against Disinformation: Public Authorities, Platforms and the People |
53 International Lawyer 277 (2020) |
Democracy is a technology of governance. The spread of democracy--the so called democratization--took place progressively and in waves. According to Huntington, the first wave started in 1820, the second with the end of World War II, and the third wave in 1974. Remarkably, before the end of World War II, democracy was close to extinction as only... |
2020 |
| Kait Madsen |
Execution on the Ballot: Lessons for Judicial Review of Ballot Measures from the Death Penalty Referendum in Nebraska |
99 Nebraska Law Review 254 (2020) |
C1-2TABLE OF CONTENTS I. Introduction. 255 II. Background. 257 A. Current Climate: Increased Voter-Led Ballot Measures. 257 1. Recent Trend Toward Policy Creation Through Voter-Led Ballot Measures. 257 2. Reasons for the Trend: Americans' Heightened Distrust of Government and the Political Process. 258 3. Voter-Led Ballot Measures Are Often... |
2020 |
| Tom C.W. Lin |
Executive Private Misconduct |
88 George Washington Law Review 327 (March, 2020) |
Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private misconduct--when made... |
2020 |
| Cristina A. Quiñónez |
Exposing the American History of Applying Racial Anxieties to Regulate and Devalue Latinx Immigrant Reproductive Rights |
54 University of San Francisco Law Review 557 (2020) |
NATIONALISTS ACT ON RACIAL ANXIETIES to oppress the reproductive rights of Latinx immigrants. The term racial anxieties refers to increased stress levels and emotions that occur when individuals interact with people of other races. Racial anxieties can affect the daily lives of individuals of all races--while some people may be subjected to... |
2020 |
| Fatma E. Marouf |
Extraterritorial Rights in Border Enforcement |
77 Washington and Lee Law Review 751 (Spring, 2020) |
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United... |
2020 |
| Khaled A. Beydoun |
Faith in Whiteness: Free Exercise of Religion as Racial Expression |
105 Iowa Law Review 1475 (May, 2020) |
ABSTRACT: Faith in whiteness is the affirmation that religion remains forceful in shaping race and racial division. It is also the observation, born from formative contestations of racial exclusion and today's rising white populism, that central to the American experience is the conditioned belief that whiteness stands at the pinnacle of social... |
2020 |
| Sahar F. Aziz , Khaled A. Beydoun |
Fear of a Black and Brown Internet: Policing Online Activism |
100 Boston University Law Review 1151 (May, 2020) |
Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to... |
2020 |
| Victoria Heather Barbino |
Finding Refuge: Blockchain Technology as the Solution to the Syrian Refugee Identification Crisis |
48 Georgia Journal of International and Comparative Law 523 (Winter, 2020) |
C1-3Table of Contents I. Identifications and Their Relationship to Rights. 528 II. Immigrant Covering and Understanding Immigrant Rights. 531 B5 A. Conversion. 532 B5 B. Passing. 533 B5 i. Sanctuary Cities. 534 B5 C. Covering. 535 B5 i. Municipal Identifications. 536 III. Syrian Refugees and Documentation. 538 IV. Blockchain Technology. 540 V.... |
2020 |
| Anne Weis |
Fleeing for Their Lives: Domestic Violence Asylum and Matter of A-b- |
108 California Law Review 1319 (August, 2020) |
Introduction. 1319 I. The Gendered Nature of Domestic Violence. 1322 II. Violence Against Women in the Northern Triangle. 1325 III. Domestic Violence as a Basis for Asylum in the United States. 1330 A. Asylum Law in the United States. 1330 B. The Development of Domestic Violence Asylum Claims Before Matter of A-R-C-G-. 1332 C. Official Recognition... |
2020 |
| Emily Lamm |
Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race |
26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) |
Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B.... |
2020 |
| |
Focus on the Proposed Washington Privacy Act |
25 Cyberspace Lawyer NL 5 (4/1/2020) |
Senate Bill 6281, the Washington Privacy Act (the Act) passed the Washington State Senate on February 14, 2020. A House committee approved an amended version of the Senate bill on March 2, 2020, which now moves to the House floor. This post provides a deep-dive on what the two versions of the bill would do, if finally enacted. Without... |
2020 |
| Hon. M. Margaret McKeown, United States Court of Appeals for the Ninth Circuit, Chair, ABA Commission on the Nineteenth Amendment, Georgetown University Law Center (Juris Doctor 1975; Honorary Doctorate 2005) |
Foreword |
19th Georgetown Law Journal L.J. 1 (June, 2020) |
In celebration of the centennial of the Nineteenth Amendment, it is my pleasure to introduce a special issue of The Georgetown Law Journal. This issue brings together a series of articles that examines the legacy of the Nineteenth Amendment and the ongoing push for equality. The American Bar Association formed the Commission on the Nineteenth... |
2020 |
| Sudha Setty |
Foreword |
42 Western New England Law Review 333 (2020) |
As dean of Western New England University School of Law, I thank the editors and staff of Volume 42 of the Western New England Law Review for inviting me to contribute the foreword to this symposium issue on woman suffrage and the broader contextual conversations about gender and politics, as well as the trajectory of social justice movements more... |
2020 |
| Michael J. Klarman |
Foreword: the Degradation of American Democracy--and the Court |
134 Harvard Law Review Rev. 1 (November, 2020) |
C1-2CONTENTS Introduction. 4 I. The Degradation of American Democracy. 11 A. The Authoritarian Playbook. 11 B. President Trump's Authoritarian Bent. 19 1. Attacks on Freedom of the Press and Freedom of Speech. 20 2. Attacks on an Independent Judiciary. 22 3. Politicizing Law Enforcement. 23 4. Politicizing the Rest of the Government. 25 5. Using... |
2020 |
| Timothy Zick |
Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties |
106 Iowa Law Review 229 (November, 2020) |
ABSTRACT: Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a collective, civic republican, individual, and fundamental right. Gun rights advocates have... |
2020 |
| Justin Driver |
Freedom of Expression Within the Schoolhouse Gate |
73 Arkansas Law Review Rev. 1 (2020) |
In the late 1960s, the Supreme Court began contemplating how the First Amendment's commitment to the freedom of speech should protect the right of students to introduce their own ideas into the schoolhouse. This constitutional question extended well beyond the matter addressed in West Virginia State Board of Education v. Barnette, because that... |
2020 |
| Kristin Garrity, Emily Crnkovich |
From Bigotry to Ban: the Ideological Origins and Devastating Harms of the Muslim and African Bans |
29 Southern California Interdisciplinary Law Journal 571 (Summer, 2020) |
In this paper we examine some of the recent history of the anti-immigration and anti-Muslim movements--looking to the Muslim and African Ban in particular--and how their rhetoric and ideology have directly influenced the policies of the Trump administration. We also discuss the irony of these policies in light of the Trump administration's push for... |
2020 |
| Angela Hefti , Laura Ausserladscheider Jonas |
From Hate Speech to Incitement to Genocide: the Role of the Media in the Rwandan Genocide |
38 Boston University International Law Journal L.J. 1 (Spring, 2020) |
Free speech is essential in any democratic society. Voiced in a politically charged context, however, hateful speech can incite the crime of crimes-- genocide. Democracy cannot be served if free speech is manipulated as a tool to incite the violation of human rights. Limits must be imposed on the media in its enjoyment of free speech. This paper... |
2020 |
| Bandana Purkayastha |
From Suffrage to Substantive Human Rights: the Continuing Journey for Racially Marginalized Women |
42 Western New England Law Review 419 (2020) |
This Article highlights racially marginalized women's struggles to substantively access rights. Suffrage was meant to acquire political rights for women, and through that mechanism, move towards greater equality between women and men in the public and private spheres. Yet, racial minority women, working class and immigrant women, among others,... |
2020 |
| Trina Jones , Jessica L. Roberts |
Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law |
120 Columbia Law Review 1929 (November, 2020) |
Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... |
2020 |
| Kari Hong |
Gideon: Public Law Safeguard, Not a Criminal Procedural Right |
51 University of the Pacific Law Review 741 (2020) |
C1-2Table of Contents Table of Contents. 741 I. The Zig and Zags that Birthed and Confined the Right of Counsel to the Sixth Amendment. 746 A. From Powell v. Alabama to Argersinger: The (False) Narrative Confining the Right of Counsel to the Sixth Amendment. 746 B. Gideon's Foundation: The Right of Counsel as a Remedy to Asymmetry in All Public Law... |
2020 |
| Emily Gleichert |
Global Apathy and the Need for a New, Cooperative International Refugee Response |
16 Northwestern Journal of Law & Social Policy 119 (Fall, 2020) |
While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office's traditional solutions for... |
2020 |
| Nez̆a Kogovs̆ek S̆alamon, Barry Frett, Elizabeth Stark Ketchum |
Global CrImmigration Trends |
81 IUS Gentium Gentium 3 (2020) |
Abstract Crimmigration, generally defined, is the increased entanglement of criminal and immigration procedures. Scholars have been observing this trend in the United States, Australia, and various European countries, as well as on other continents. Historically, states handled immigration infractions through civil or administrative systems... |
2020 |
| Ira S. Rubinstein , Bilyana Petkova |
Governing Privacy in the Datafied City |
47 Fordham Urban Law Journal 755 (June, 2020) |
Privacy--understood in terms of freedom from identification, surveillance, and profiling--is a precondition of the diversity and tolerance that define the urban experience. But with smart technologies eroding the anonymity of city sidewalks and streets, and turning them into surveilled spaces, are cities the first to get caught in the line of... |
2020 |
| Jonathan Kwortek |
Guilty Beyond a Reasonable Vote: Challenging Felony Disenfranchisement under Section 2 of the Voting Rights Act |
93 Southern California Law Review 849 (May, 2020) |
History is not the past. It is the present. We carry our history with us. We are our history. If we pretend otherwise, we are literally criminals. James Baldwin C1-2TABLE OF CONTENTS INTRODUCTION. 850 I. BACKGROUND. 853 A. Felon Disenfranchisement: Historical Origins And Adoption in the United States. 853 1. Origins of Felon Voting Restrictions.... |
2020 |
| Monika Batra Kashyap |
Heartless Immigration Law: Rubbing Salt into the Wounds of Immigrant Survivors of Domestic Violence |
95 Tulane Law Review 51 (November, 2020) |
In the United States, a recognition of the unique vulnerabilities of immigrant women survivors of domestic violence has led to the passage of a series of federal immigration provisions over the past thirty years that are designed to protect such survivors. These provisions are the battered spouse waiver, the VAWA self-petition, and the U-Visa.... |
2020 |
| |
Hernández V. Mesa and Police Liability for Youth Homicides Before and after the Death of Michael Brown |
56 Criminal Law Bulletin ART 3 (2020) |
Delores Jones-Brown: Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race,... |
2020 |
| D. Brock Hornby |
History Lessons |
23 Green Bag 289 (Summer, 2020) |
This year is Maine's 200th birthday as a state, after separating from Massachusetts in 1820. The bicentennial prompts me to recount two early civil rights episodes in Maine's history, highlighting the discrimination the protagonists faced, the difficulties they encountered, and the perseverance they had to demonstrate trying to vindicate their... |
2020 |
| Michael Avery |
How Politics Inform Law |
77 National Lawyers Guild Review 43 (Spring, 2020) |
Book Review: Jack Jackson, Law Without Future: Anti-Constitutional Politics and the American Right (U. Penn. Press, 2019). In Law Without Future, Jack Jackson explores a broad set of legal and political developments to support his analysis that we now live in a world where legal decisions have less fealty to precedent and less commitment to... |
2020 |
| Ian Falefuafua Tapu |
How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution |
44 New York University Review of Law and Social Change 445 (2020) |
The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,... |
2020 |
| Marc E. Jácome |
Human Rights on the Border: a Critical Race Analysis of Hernandez V. Mesa |
67 UCLA Law Review 1268 (November, 2020) |
This Comment presents a historical investigation of the violence that establishes nationstate borders. The analysis deconstructs the U.S.--Mexico border through the 2010 shooting of Sergio Adrián Hernández Güereca, and asks how the framework of human rights may provide justice for this tragedy. In 2015, the Fifth Circuit for the U.S. Court of... |
2020 |
| Anders Newbury |
Illegal Immigration Arrests: a Vermont Perspective on State Law and Immigration Detainers Supported by Intergovernmental Agreements |
44 Vermont Law Review 645 (Spring, 2020) |
Introduction. 646 I. Historical Background: The Politics of Immigration and Rising Federal-State Tensions. 649 A. A Brief History of Immigration Policy in the United States. 649 B. Vermont and the Immigration Enforcement Debate. 653 II. Evolution of Legal Challenges to Detainers. 655 A. Statutory Interpretation of Immigration Enforcement. 655 B.... |
2020 |