AuthorTitleCitationSummaryYear
Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers ENVIRONMENTAL JUSTICE, RESILIENCE JUSTICE, AND WATERSHED PLANNING 48 William and Mary Environmental Law and Policy Review 553 (Spring, 2024) Watershed planning is an increasingly used governance tool for addressing environmental problems at ecosystem scales of watersheds, which are areas of land that drain to a common body of water. In recent years, watershed planning in the United States has been undergoing an equity evolution: watershed planners have begun integrating environmental... 2024
Monica Visalam Iyer ENVIRONMENTAL MIGRATION IN REGIONAL HUMAN RIGHTS COURTS: A LIFEBOAT FROM THE "SINKING VESSEL" 91 Tennessee Law Review 363 (Winter, 2024) Introduction. 364 I. Background. 371 A. Regional Human Rights Courts. 371 B. The Principle of Non-Refoulement. 373 C. Environmental Non-Refoulement at the International Level. 376 D. Environmental Non-Refoulement Cases in Domestic Courts. 380 E. Key Takeaways from International and Domestic Jurisprudence. 382 II. Legal Framework. 386 A.... 2024
Jaclyn Kelley-Widmer, Estelle McKee ESSENTIALIZING CULTURES IN US ASYLUM LAW 89 Brooklyn Law Review 443 (Winter, 2024) Cultural essentialism is the distillation of a community's culture to a few elements that are salient to the outsider--elements typically tied to racist or sexist stereotypes, ignoring the depth and complexity of the culture. Legal advocates perpetuate cultural essentialization in asylum proceedings when they shape the story of the culture in their... 2024
Ivana Isailović EU ABORTION LAW AFTER DOBBS: STATES, THE MARKET, AND STRATIFIED REPRODUCTIVE FREEDOM 30 Columbia Journal of European Law 1 (Fall, 2024) The US Supreme Court's decision in Dobbs--alongside transnational campaigns aimed at chipping away abortion access across EU Member States--has triggered concerns by EU institutions and governments on access to abortion in the Union. This paper maps out the ways in which the EU regulates abortion through economic and human rights frameworks and... 2024
Sarah Ganty , Dimitry V. Kochenov EU LAWLESSNESS LAW 30 Columbia Journal of European Law 78 (Fall, 2024) The European Union (EU) deploys a number of legal techniques in an effort to make sure that virtually no denial of racialized noncitizens' rights--across the spectrum from equality and dignity to the right to life--is ever presented as a violation of EU law, even as the death-toll climbs to the dozens of thousands, turning the Mediterranean Sea... 2024
Allison Brownell Tirres EXCLUSION FROM WITHIN: NONCITIZENS AND THE RISE OF DISCRIMINATORY LICENSING LAWS 49 Law and Social Inquiry 1783 (August, 2024) In the United States in the early twentieth century, state and local laws discriminating on the basis of alienage proliferated. Progressive reformers, nativist groups, state legislatures, and city councils sought new methods for restricting noncitizen access to the workplace and the marketplace. As this article demonstrates, the primary vehicle... 2024
Jayesh Rathod EXITING THE AMERICAN DREAM 72 UCLA Law Review Discourse 122 (2024) Exit planning among U.S. citizens is on the rise. A confluence of worrisome domestic conditions--including societal violence, the curtailment of individual rights, and creeping authoritarianism--has prompted U.S. citizens to contemplate and plan for a possible departure from the country. Among the more popular exit pathways, particularly for... 2024
Maryam T. Stevenson EXPLAINING THE COMPREHENSIVE IMMIGRATION REFORM STALEMATE IN CONGRESS 73 Catholic University Law Review 400 (Summer, 2024) Historically, congressional policy goals on immigration have vacillated from open to restrictive as various micro and macro-level factors have changed both inside and outside the Beltway. While Congress has been subjected to some immigration lobbies over time, it has largely been isolated from a general public opinion on immigration policy until... 2024
M. Isabel Medina EXTERNAL AND INTERNAL MIGRATION 33 Southern California Review of Law & Social Justice 389 (Summer, 2024) C1-2TABLE OF CONTENTS I. INTRODUCTION. 390 II. EXTERNAL MIGRATION AND ASYLUM THROUGH PLACE AND TIME. 392 A. The Current Law of Asylum and Refugee Status. 395 B. External Migrants: The Case of Refugees from Venezuela, Haiti & Ukraine. 399 1. Venezuela. 400 2. Haiti. 402 3. Ukraine. 404 III. INTERNAL MIGRATION THROUGH PLACE AND TIME. 405 A. Managing... 2024
Felipe De Jesús Hernández EXTRAJUDICIAL SEGREGATION: CHALLENGING SOLITARY CONFINEMENT IN IMMIGRATION PRISONS 137 Harvard Law Review Forum 175 (February, 2024) Stepping into that cell, it felt like I lost all hope. You could smell the concrete, the isolation, the loneliness. And I knew in my heart that I would die here. --Five Mualimm-ak After that first or second week, I lost my mind .. Sometimes I feel like someone is choking me. I have flashbacks, like I'm still confined in that little room. --Ayo... 2024
J. Benton Heath FETCH THE BOLT CUTTERS: REFLECTIONS ON RACIAL CAPITALISM AND THE NAFTA/USMCA 49 Brooklyn Journal of International Law 449 (2024) Thank you for this opportunity to speak on the subject of race and trade in the US--Mexico--Canada Agreement (USMCA). I mean for this presentation to be an introduction to many of the issues that are on my mind as a scholar of investment and trade. It is also an introduction to the work of many others who have thought deeply about the relationships... 2024
  FIFTH AMENDMENT -- IMMIGRATION -- RIGHT TO MARRIAGE -- DEPARTMENT OF STATE v. MUÑOZ 138 Harvard Law Review 345 (November, 2024) Marriage bestows upon a couple a set of rights, and chief among them is the ability to live with one's spouse. However, this right seems to vanish if one spouse happens not to be a U.S. citizen. Sandra Muñoz, a U.S. citizen, learned this firsthand when her husband, Luis Asencio-Cordero, an immigrant from El Salvador, was denied a visa without a... 2024
Amelia S. McGowan FORCED BACK INTO THE LION'S MOUTH: PER SE REPORTING REQUIREMENTS IN U.S. ASYLUM LAW 107 Marquette Law Review 633 (Spring, 2024) This Article makes a significant contribution to scholarship on asylum law by identifying and calling for the abolition of a deadly (but unexplored) development in asylum law: per se reporting requirements. In jurisdictions where they apply, per se reporting requirements automatically bar protection to asylum seekers solely because they did not... 2024
Sara L. McKinnon , Erin M. Barbato FOREIGN POLICY COLLABORATIONS TO MANAGE MIGRATION IN THE AMERICAS 41 Wisconsin International Law Journal 411 (Spring, 2024) This Essay examines the impact of foreign policy collaborations, leading up to the Los Angeles Declaration on Migration and Protection, signed by twenty Western Hemisphere governments in 2022, on peoples' possibilities for migration and residence. Engaging Critical Legal Rhetoric and Rhetorical Historiography methodologies, this Essay examines the... 2024
Michael P. Scharf , Amanda Price FOREWORD: CLIMATE CHANGE AND INTERNATIONAL LAW AT A CROSSROAD 56 Case Western Reserve Journal of International Law 1 (Spring, 2024) Now in its 56 year, the Case Western Reserve Journal of International Law is one of the oldest and most cited international law journals in the world. This double issue of the Journal contains articles generated from the Frederick K. Cox International Law Center's 2023 annual symposium, titled Climate Change and International Law at a Crossroad.... 2024
Elizabeth D. Katz FOSTERING FAITH: RELIGION AND INEQUALITY IN THE HISTORY OF CHILD WELFARE PLACEMENTS 92 Fordham Law Review 2077 (April, 2024) Each year in the United States, approximately 700,000 children live in foster care. Many of these children are placed in religiously oriented homes recruited and overseen by faith-based agencies (FBAs). This arrangement--as well as the scope and operation of child welfare services more broadly--is at a crucial moment of reckoning. Scholars and... 2024
Joel Ruiz FRANCE'S RIGHT-WING & THE RISE OF AMERICAN NATIONALISM 38 Georgetown Immigration Law Journal 363 (Spring, 2024) C1-3Table of Contents I. Introduction. 363 II. The Philosophy of Alain De Benoist: The Architect of the French New Right. 364 A. Historical Context in Which de Benoist Was Writing. 366 B. Reception of the New Right. 368 III. The Rise of American Nationalism. 369 A. Nationalism Globally. 370 B. Rising Nationalist Sentiments in the U.S. 371 IV. The... 2024
Avery E. Aulds FREEDOM OF MOVEMENT: HOW THE CONSTITUTIONAL RIGHT TO ASYLUM PAIRED WITH THE RIGHT TO LIFE & THE RIGHT TO A HEALTHY ENVIRONMENT OPENS THE DOOR FOR ENVIRONMENTAL MIGRANTS 39 Connecticut Journal of International Law 144 (Spring, 2024) Migration has occurred for as long as mankind has been on earth and has been triggered by environmental factors for just as long. However, as the threat of climate change increases, more and more people are migrating from their homes due to these environmental disasters. With this new influx of border-crossings, governments and policymakers must... 2024
Katrina Isabela F. Blanco FROM ALIENATION TO ROOTEDNESS: DISCRIMINATION AGAINST INDIGENOUS PEOPLES IN THE PHILIPPINES THROUGH EDUCATION 39 American University International Law Review 517 (2024) You ask if we own the land. And mock us. Where is your title? When we query the meaning of your words you answer with taunting arrogance. Where are the documents to prove that you own the land? Titles. Documents. Proof (of ownership). Such arrogance to speak of owning the land. When you shall be owned by it. How can you own that which will... 2024
Ciera Phung-Marion FROM PRECEDENT TO POLICY: THE EFFECTS OF DOBBS ON DETAINED IMMIGRANT YOUTH 99 Washington Law Review 277 (March, 2024) Abstract: In June 2022, the United States Supreme Court released the historic decision Dobbs v. Jackson Women's Health Organization, holding that the U.S. Constitution does not protect an individual's right to an abortion. Dobbs overturned many cases, including J.D. v. Azar, which previously protected abortion rights for unaccompanied migrant youth... 2024
Andy Z. Lei FROM RAILROADS TO REAL ESTATE: THE LEGACY OF EXCLUSION REVIVED IN NEW ALIEN LAND LAWS 26 Asian-Pacific Law and Policy Journal 102 (Fall, 2024) I. Introduction. 103 II. Roots of Restriction. 106 A. The Chinese Exclusion Acts. 107 B. Alien Land Laws. 112 C. National Security Through the Echoes of Korematsu v. United States. 117 III. From Past to Present: Analyzing Modern Legislation. 122 A. New Alien Land Laws. 123 B. Shen v. Simpson. 128 IV. Judicial Scrutiny in Evaluating National... 2024
Charles W. Tyler GENEALOGY IN CONSTITUTIONAL LAW 77 Vanderbilt Law Review 1713 (November, 2024) Genealogy is a form of argument that seeks to discredit social phenomena by exposing their pernicious ancestry. In recent years, the U.S. Supreme Court has used genealogy to undermine key provisions of written law, doctrinal rules, longstanding practices, and private conduct in cases involving a wide range of constitutional issues. After... 2024
Jomana Qaddour GOVERNING DIVERSE SOCIETIES AND THE LIMITS OF CONSTITUTIONALISM IN SYRIA 42 Boston University International Law Journal 297 (Summer, 2024) This Article attempts to show how episodes of constitutional bargaining reinforced, consolidated, and institutionalized the patterns of ethnic or sectarian political exclusion and marginalization that warped the meaning and practice of citizenship, and contributed to conditions that eventually sparked the Syrian uprising of 2011. Beginning in the... 2024
Laura Briggs HAALAND v. BRACKEEN AND MANCARI: ON HISTORY, TAKING CHILDREN, AND THE RIGHT-WING ASSAULT ON INDIGENOUS SOVEREIGNTY 56 Connecticut Law Review 1121 (May, 2024) In June 2023, the Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 in Haaland v. Brackeen. making it harder for (some) Indigenous families and communities to lose their children. The decision left one key question unanswered, however: whether protections specifically for American Indian households served as... 2024
Christian Gonzalez Chacon HUMAN RIGHTS WITHOUT BORDERS 22 Northwestern Journal of Human Rights 101 (Winter, 2024) Today the universalism of human rights is put to the test by the pressure on our borders from hordes of hungry peoples, in such a way that being a person is no longer a sufficient condition to possess these rights. These have become citizenship rights . citizenship has ceased to be the foundation of equality . it functions as a privilege and a... 2024
April Guevara Espinoza HUMANIZING THE MEXICAN MIGRANT 20 Northwestern Journal of Law & Social Policy 1 (Fall, 2024) Given the past election season and craze about the immigration crisis, it is of paramount importance to reflect on how and why migrants, particularly Mexican migrants, are positioned as less than in our society. Immigration is more than a political platform issue; it concerns real people whose real lives are affected. Mexican migrants are used... 2024
Jayesh Rathod , Anne Schaufele IMMIGRAFT 2024 Wisconsin Law Review 465 (2024) Pursuing the American dream is a costly endeavor. From the initial journey to the United States, to navigating the complicated immigration system, to labor exploitation, to scams targeting recent arrivals, immigrants pay heavily into the formal and informal sectors. As explored in this Essay, however, their pay-out does not stop there: the U.S.... 2024
Sabrina Balgamwalla IMMIGRANT YOUTH EXCEPTIONALISM 19 Harvard Law & Policy Review 155 (Summer, 2024) U.S. policies that address youth migration are deeply ambivalent. In some cases, children are seen as vulnerable, dependent, and in need of humanitarian relief; in other cases, they are seen as an immigration enforcement threat or a source of exploitable labor. This Article examines two high-profile programs for immigrant youth--Special Immigrant... 2024
Sarah Sherman-Stokes IMMIGRATION DETENTION ABOLITION AND THE VIOLENCE OF DIGITAL CAGES 95 University of Colorado Law Review 219 (Winter, 2024) The United States has a long history of pernicious immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (ICE) shackles and surveils an astounding 376,000 people under its Alternatives to Detention (ATD) program. The number of people subjected... 2024
Jonathan Barthe IMMIGRATION LAW--NINTH CIRCUIT ERRONEOUSLY OBJECTS TO MINORITY POPULATIONS SEEKING POLITICAL ASYLUM--RODRIGUEZ-ZUNIGA v. GARLAND, 69 F.4TH 1012 (9TH CIR. 2023) 47 Suffolk Transnational Law Review 440 (2024) The Board of Immigration Appeals (BIA) currently acts as one of the apex administrative bodies in the United States that preside over issues of immigration law. Only the Federal Courts of Appeals, however, may supersede the BIA's jurisdiction following the denial of a refugee's petition for asylum and emergency stay requests. In Rodriguez-Zuniga v.... 2024
Melissa E. Crow IMPACT LITIGATION RECONSIDERED: NAVIGATING THE CHALLENGES OF MOVEMENT LAWYERING AT THE BORDER AND BEYOND 31 Clinical Law Review 107 (Fall, 2024) While acknowledging the potential tension between impact litigation and movement lawyering, this Article examines their synergies. Through the lens of a class action lawsuit on behalf of migrants unlawfully deprived of access to the U.S. asylum process, the Article explores how impact litigation, if thoughtfully conducted, can help mobilize... 2024
Kimberly Jenkins Robinson IN MEMORIAM: PROFESSOR CHARLES J. OGLETREE, JR. 137 Harvard Law Review 2124 (June, 2024) Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but also as a devoted professor, mentor and friend. I write to celebrate another aspect of this legal luminary: his life as a scholar. Through his scholarship, Charles illuminated the varied manifestations... 2024
Cory R. Liu , Anthony Pericolo INDIVIDUAL DIGNITY AS THE FOUNDATION OF AN INCLUSIVE SOCIETY 77 SMU Law Review 219 (Winter, 2024) In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court considered voluminous evidence that Harvard discriminated against Asian Americans to keep the racial composition of its student body similar year after year. The Court held that Harvard engaged in unlawful discrimination, providing clarity to an area... 2024
Tamar Ezer, Elizabeth Brundige, Aya Fujimura-Fanselow, Ryan Thoreson INTEGRATING HUMAN RIGHTS IN DOMESTIC CLINICAL PRACTICE 30 Clinical Law Review 345 (Spring, 2024) Given that the human rights framework contains a rich and evolving body of norms and standards, integrating human rights law into clinical teaching provides new avenues to approach problem-solving. A human rights framework offers additional sources to ground moral and legal claims, as well as new strategies and advocacy targets. These alternatives... 2024
Shayak Sarkar INTERNAL REVENUE'S EXTERNAL BORDERS 112 California Law Review 1645 (October, 2024) The mandate of tax agencies seems clear: to secure revenue for the government and ensure taxpayer compliance. Yet for decades, the Internal Revenue Service (IRS) has regularly facilitated violent immigration enforcement. Scholars and the public have paid significant attention to the state and local policing of immigration law. But the role of tax... 2024
Stutee Nag INTERNATIONAL CHILD CUSTODY DISPUTES BETWEEN INDIA AND THE UNITED STATES: NO HAGUE, SO VAGUE! 36 Journal of the American Academy of Matrimonial Lawyers 445 (2024) The business of the law is to make sense of the confusion of what we call human life - to reduce it to order but at the same time to give it possibility, scope, even dignity. If international parental child abduction is any parent's worst nightmare, then having it happen to (or from) a non-Hague country may be a close second. Child custody laws... 2024
Klaudia K. Cambridge INTERPRETING "MEMBERSHIP IN A PARTICULAR SOCIAL GROUP" IN LIGHT OF INTERNATIONAL STANDARDS 50 Ohio Northern University Law Review 339 (2024) As one of the five grounds for asylum, the definition of membership in a particular social group has a great importance to refugees who flee their home country because of persecution but cannot fit into the other four enumerated grounds for asylum. In 2021, President Biden issued an executive order (Executive Order) calling for a comprehensive... 2024
Jens T. Theilen INTERSECTIONALITY'S TRAVELS TO INTERNATIONAL HUMAN RIGHTS LAW 45 Michigan Journal of International Law 233 (2024) Over the last two decades, references to intersectionality have become increasingly common in international human rights law. Many human rights bodies now make use of intersectionality in some form, and scholars propose more widespread and in-depth intersectional analysis as a way to better capture how human rights are realized or violated. Against... 2024
Bethany R. Berger INTERTRIBAL: THE UNHERALDED ELEMENT IN INDIGENOUS WILDLIFE SOVEREIGNTY 48 Harvard Environmental Law Review 1 (2024) Intertribal organizations are a powerful and unheralded element behind recent gains in Indigenous wildlife sovereignty. Key to winning and implementing judicial and political victories, they have also helped tribal nations become powerful voices in wildlife and habitat conservation. Through case studies of these organizations and their impact, this... 2024
Daniel I. Morales , Orly Golub INTRODUCTION 61 Houston Law Review 709 (Symposium 2024) The United States may be the world's oldest democracy, but the franchise, along with citizenship, has long been restricted along lines of race, ethnicity, and sex. Since the arrival of European settlers to North America at scale in the sixteenth century, our democratic institutions, from town hall meetings to colonial, state, and federal... 2024
Lukas Schmid IS LEGITIMATE EXCLUSION INCOMPATIBLE WITH THE SOVEREIGN RIGHT TO EXCLUDE? 118 AJIL Unbound 219 (2024) Scholars of international law have been increasingly troubled by states' vast powers and practices of migrant exclusion. There is no doubt that much of this uneasiness is catalyzed by a keen sense of the demands of a basic liberalism at the international legal order's core. Indeed, the increased construction of border walls, the continuously... 2024
Cynthia Godsoe KINSHIP CARE AND ADOPTION MYOPIA 76 Rutgers University Law Review 689 (Spring, 2024) C1-2Table of Contents Introduction. 690 I. Adoption Myopia. 698 A. History of White Saviorism & Aiming to Recreate the Normative Mainstream Nuclear Family. 699 B. Narrow View of Permanency Equated with Adoption. 704 C. Federal Funding Prioritizing Adoption. 709 II. Ill-Fit & Harm to Kinship Families. 711 A. Adoption's Poor Fit. 712 1. Problematic... 2024
Alida Pitcher-Murray LANDBACK AND THE CASE FOR LAND RESTITUTION: HOW THE SOUTH AFRICAN LAND CLAIMS COURT AND RESTITUTION PROGRAMME CAN INFORM THE RETURN OF INDIGENOUS LAND IN THE UNITED STATES 28 U.C. Davis Social Justice Law Review 1 (Winter, 2024) C1-2Table of Contents Abstract. 3 I. Part I: Introduction. 4 II. Part II: Settler Colonialism, the Indian Court of Claims, and the Land Claims Commission. 8 A. Treaties, Treaties, Theft, and Federal Policy as the Foundations for Native Land Loss. 8 1. Treaty Violations. 9 2. Federal Indian Policy. 11 3. The Demand for the Return of He Sapa. 14 B.... 2024
Carlton Waterhouse LEAD: THE LATEST FEDERAL ACTIONS AND BEST PRACTICES 21 Indiana Health Law Review 355 (2024) Lead has an old and even ancient legacy of harm to humans. Despite this history, lead was widely used in the development of consumer goods used for and around children in the United States during the industrial era. The decision to use it in two widely distributed commercial products created a public health nightmare. Leaded gasoline and leaded... 2024
Emmanuel Mauleón LEGAL ENDEARMENT: AN UNMARKED BARRIER TO TRANSFORMING POLICING, PUBLIC SAFETY, AND SECURITY 112 California Law Review 755 (June, 2024) The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and... 2024
Abel Rodríguez LETHAL IMMIGRATION ENFORCEMENT 109 Cornell Law Review 465 (January, 2024) Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clintonera policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths... 2024
Lizzie Bird LEXISNEXIS'S CONTRACT WITH ICE AS UNJUST ENRICHMENT 95 University of Colorado Law Review 1209 (2024) For $22.1 million, LexisNexis is currently helping Immigration and Customs Enforcement (ICE) surveil, detain, and deport noncitizens. Like other data brokers, LexisNexis's role in the collection and sale of personal information has largely been ignored by regulators, judges, and the public. A recent lawsuit against LexisNexis in Illinois includes,... 2024
Sonia Geba LIMINAL LEGALITY ACROSS BORDERS: EXAMINING THE MIGRANT'S RIGHT TO ""HUMAN TIME" ON THE SHIFTING U.S.-MEXICO AND TURKIYE-SYRIA BORDERS 38 Georgetown Immigration Law Journal 327 (Spring, 2024) Throughout the modern world, refugee-receiving countries are increasingly externalizing their border procedures and restricting access to asylum to deter long-term migration. Although many of these same countries have obligations under international refugee law to recognize asylum seekers' claims and uphold human rights for those within their... 2024
John Nidiry, Ruth Friedman LONG OVERDUE: THE NEED FOR AN EXAMINATION OF THE SPECTER OF RACIAL BIAS IN THE FEDERAL DEATH PENALTY SYSTEM 67 Howard Law Journal 225 (Spring, 2024) The specter of racial bias in the federal government's administration of the death penalty over the past thirty-five years has been long apparent yet insufficiently scrutinized. Scholars have studied the racially disparate application of capital punishment at the state level and linked those disparities to a history of racialized violence. The... 2024
Melissa Murray MAKING HISTORY 133 Yale Law Journal Forum 990 (4/11/2024) What is history but a fable agreed upon? --Napoleon Bonaparte. October Term 2021 was a momentous one for the United States Supreme Court. In a series of decisions, the Court overturned two long-standing precedents guaranteeing the right to abortion, expanded the scope of the Second Amendment, and appeared to consign the Establishment Clause to the... 2024
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