Ediberto Román , Ernesto Sagás RHETORIC AND THE CREATION OF HYSTERIA 107 Cornell Law Review Online 188 (December, 2022) When you have fifteen thousand people marching up . how do you stop these people? You shoot them [crowd member shouts] [chuckling, Trump responds:] [O]nly in the panhandle can you get away with that thing. U.S. President Donald Trump When Mexico sends its people, they're not sending their best. They're not sending you. They're not sending... 2022
  RIGHT TO A JURY TRIAL 51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2022
Catherine Y. Kim RIGHTS RETRENCHMENT IN IMMIGRATION LAW 55 U.C. Davis Law Review 1283 (February, 2022) This Article analyzes changes in the constitutional status of noncitizens in immigration law over the past generation. It shows that notwithstanding the optimistic predictions of scholars, over the last quarter century, with few exceptions, the Supreme Court has been unwilling to impose a constitutional check on the political branches' immigration... 2022
Michael Haggerty , Gregory P. Downs ROGER TANEY: INTERSECTIONAL RACIST IN AN AGE OF RACIST DIFFERENTIATION 24 University of Pennsylvania Journal of Constitutional Law 729 (June, 2022) In his article Dred Scott and Asian Americans, Gabriel J. Chin creatively and persuasively reads the well-known, much-reviled opinion by Chief Justice Roger Taney in Dred Scott v. Sandford through Taney's little-known opinion in United States v. Dow to argue that Dred Scott should be regarded as pertinent to all people of color, not only African... 2022
Lenni B. Benson SEEING IMMIGRATION AND STRUCTURAL RACISM: IT'S WHERE YOU PUT YOUR EYES 66 New York Law School Law Review 277 (2021/2022) Color is not a human or a personal reality; it is a political reality. --James Baldwin Immigration law is frequently a proxy for racial and ethnic discrimination. The legal fictions and rules that generate our immigration laws would be unconstitutional in any other context. This essay asks you to interrogate your assumptions and to explore the... 2022
Christopher A. Galeano SENATE BILL 54 (2017): CALIFORNIA versus THE LAW ENFORCEMENT LOBBY 68 UCLA Law Review 1446 (January, 2022) Before calls to abolish Immigration Customs and Enforcement (ICE) became a progressive rallying cry throughout the United States, the California Values Act of 2017 (SB 54) promised to freeze ICE out of California. The goal behind SB 54 was to restrict state and local law enforcement entanglement with ICE in the state with the most immigrants in the... 2022
Huyen Pham, Pham Hoang Van SHERIFFS, STATE TROOPERS, AND THE SPILLOVER EFFECTS OF IMMIGRATION POLICING 64 Arizona Law Review 463 (Summer, 2022) As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused... 2022
Bruce A. Green , Brandon P. Ruben SHOULD VICTIMS' VIEWS INFLUENCE PROSECUTORS' DECISIONS? 87 Brooklyn Law Review 1127 (Summer, 2022) When prosecutors make discretionary decisions in criminal cases, how should they take account of individual victims' views of the fair and just outcome? No doubt, many crime victims have views, including about whether the person who harmed them should be prosecuted, diverted from the criminal process, or entirely left alone. But little is written... 2022
Brian Owsley SUPPLY AND DEMAND IN THE ILLEGAL EMPLOYMENT OF UNDOCUMENTED WORKERS 71 Catholic University Law Review 227 (Spring, 2022) The United States is in a quandary regarding immigration. There are over eleven million undocumented aliens residing in the country with about eight million of them working in the American economy. The federal government has criminalized the illegal entry and the illegal reentry into the United States. Moreover, it has enacted a statute making it... 2022
Rashida Richardson, Amba Kak SUSPECT DEVELOPMENT SYSTEMS: DATABASING MARGINALITY AND ENFORCING DISCIPLINE 55 University of Michigan Journal of Law Reform 813 (Summer, 2022) Algorithmic accountability law--focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools--is the subject of lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection and individual due process to encompass a broader range of... 2022
Kevin R. Johnson SYSTEMIC RACISM IN THE U.S. IMMIGRATION LAWS 97 Indiana Law Journal 1455 (Spring, 2022) This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S.... 2022
Sarah Brady Siff TARGETED MARIJUANA LAW ENFORCEMENT IN LOS ANGELES, 1914-1959 49 Fordham Urban Law Journal 643 (March, 2022) Introduction. 643 I. Anti-Mexican Aims of the First Marijuana Ban. 644 II. Marijuana Was a Whole Different Thing Back Then. 648 III. From Bad to Worse: Racialized Enforcement and New Policing Strategies. 654 IV. Cultural Conquest: Targeting the Hip and Famous. 658 V. Escalation of Unconstitutional Enforcement. 667 Conclusion: Confronting the Legacy... 2022
Barbara Fedders THE ANTI-PARENT JUVENILE COURT 69 UCLA Law Review 746 (May, 2022) This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child's family--creating financial stress, undermining a parent's central role in rearing her child, and damaging the parent-child bond--these parent-harming features... 2022
Alexis Hoag THE COLOR OF JUSTICE 120 Michigan Law Review 977 (April, 2022) Free Justice: a History of the Public Defender in Twentieth Century America. By Sara Mayeux. University of North Carolina Press. 2020. Pp. xi, 271. $26.95. Writing about history requires making certain decisions: when to start the account, what to include and exclude, which documents and artifacts to rely upon, and what questions to address. One... 2022
Tom I. Romero, II THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE 25 CUNY Law Review 241 (Summer, 2022) This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... 2022
Thomas Ward Frampton THE DANGEROUS FEW: TAKING SERIOUSLY PRISON ABOLITION AND ITS SKEPTICS 135 Harvard Law Review 2013 (June, 2022) Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how abolitionists would address the dangerous few often receives superficial treatment; the problem constitutes a spectral force haunting abolitionist thought . as soon as abolitionist discourses... 2022
Khiara M. Bridges THE DYSGENIC STATE: ENVIRONMENTAL INJUSTICE AND DISABILITY-SELECTIVE ABORTION BANS 110 California Law Review 297 (April, 2022) Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins--to which low-income people and people of color disproportionately are exposed--are known to cause impairments in fetuses. When the fact of environmental... 2022
Gabriel J. Chin *, Anna Ratner ** THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE 29 Asian American Law Journal 17 (2022) For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... 2022
Brendan Williams THE EXPENDABLES: HISPANIC WORKERS IN THE U.S. DURING THE COVID-19 PANDEMIC 13 Alabama Civil Rights & Civil Liberties Law Review 119 (2021-2022) I. Essential Work. 121 II. Health Care Inequities. 127 III. White Privilege and Opposition to COVID-19 Safeguards. 136 IV. Conclusion. 141 2022
Mary D. Fan THE HIDDEN HARMS OF PRIVACY PENALTIES 56 U.C. Davis Law Review 71 (November, 2022) How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful... 2022
Tina S. Ching THE HISTORY OF OREGON'S SO-CALLED "SANCTUARY" LAW 114 Law Library Journal 233 (2022) Sanctuary laws are known as intensely partisan policy responding to immigration decisions made during the Trump administration. However, Oregon's law has been in place since 1987 and continues to evolve. This article documents the history of this pioneering state law through the passage of the 2021 Sanctuary Promise Act. Introduction. 233... 2022
Nikolas Bowie , Norah Rast THE IMAGINARY IMMIGRATION CLAUSE 120 Michigan Law Review 1419 (May, 2022) For the past century, the Supreme Court has skeptically scrutinized Congress's power to enact healthcare laws and other domestic legislation, insisting that nothing in the Constitution gives Congress a general power to regulate an individual from cradle to grave. Yet when Congress regulates immigrants, the Court has contradictorily assumed that... 2022
Aysha A. Chowdhry THE IMMIGRATION & NATIONAL SECURITY NEXUS: BALANCING SECURITY, OPENNESS, AND HUMANITY 36 Georgetown Immigration Law Journal 1041 (Spring, 2022) Immigration to the United States stretches back hundreds of years, and a review of its arc shows that at different points in history, the flow of people to its shores has been managed--and manipulated--in different ways. Analyzing the National Security Strategies (NSS) of three successive modern administrations will show that contemporary American... 2022
Taleed El-Sabawi, Jennifer Oliva THE INFLUENCE OF WHITE EXCEPTIONALISM ON DRUG WAR DISCOURSE 94 Temple Law Review 649 (Summer, 2022) For much of its history, the United States has adopted a punitive approach to escalating overdose rates and addiction through the prohibition or stringent regulation of drugs deemed dangerous or habit forming. The policy tools used to support this approach rely on criminal punishment for the possession and sale of such substances and are based on... 2022
Asli Ü. Bâli THE LIMITS OF PRODEMOCRATIC INTERNATIONAL LAW IN EUROPE 23 Chicago Journal of International Law 45 (Summer, 2022) Tom Ginsburg's Democracies and International Law explores the ways in which regional human rights regimes have been designed to promote and protect democracy and the degree of their success in an age of democratic backsliding. In this symposium contribution, I examine the impact of the relationship between the European Union (E.U.) and Turkey on... 2022
Anneke Dunbar-Gronke THE MANDATE FOR CRITICAL RACE THEORY IN THIS TIME 69 UCLA Law Review Discourse 4 (2022) A necessary conclusion from Critical Race Theory (CRT) is that Black people cannot look to the law for justice because racism is baked into the law. As a result, the movement for Black liberation cannot rely on the law for just outcomes. This result does not, however, mean that we have to abandon legal interventions altogether. Instead, for those... 2022
Rebecca Brown THE NEW "SANCTUARY STATE": UNITED STATES v. CALIFORNIA AND LESSONS FOR COMPREHENSIVE IMMIGRATION REFORM 55 Loyola of Los Angeles Law Review 185 (Winter, 2022) The Trump Administration waged war on so-called sanctuary policies. The Administration targeted localities and states that refused to subscribe to the Administration's enforcement goals. The battle was most potent in the fight with California, culminating in the federal case United States v. California over California's recently enacted... 2022
Sophia DenUyl THE PARTICULAR HARMS OF THE "GOOD IMMIGRANT" versus "BAD IMMIGRANT" CONSTRUCTION ON BLACK IMMIGRANTS IN THE UNITED STATES 36 Georgetown Immigration Law Journal 755 (Winter, 2022) In the fall of 2021, video and images surfaced of Border Patrol agents on horseback corralling and whipping Haitian migrants with their reins along the U.S.-Mexico border in Del Rio, Texas. These migrants were being rounded up for deportation under Title 42, a Trump-era provision invoked during the COVID-19 pandemic under the guise of public... 2022
Dalia Castillo-Granados , Rachel Leya Davidson , Laila L. Hlass , Rebecca Scholtz THE RACIAL JUSTICE IMPERATIVE TO REIMAGINE IMMIGRANT CHILDREN'S RIGHTS: SPECIAL IMMIGRANT JUVENILES AS A CASE STUDY 71 American University Law Review 1779 (June, 2022) The immigration legal system has codified and perpetuated racial violence in many ways, yet the experiences of young people of color in this system have yet to be deeply examined. This Article surfaces the distinct and varied racialized harms that children experience in the immigration system through the example of Special Immigrant Juveniles.... 2022
Mariana Olaizola Rosenblat THE ROLE OF TRANSNATIONAL CIVIL SOCIETY IN SHAPING INTERNATIONAL VALUES, POLICIES, AND LAW 23 Chicago Journal of International Law 144 (Summer, 2022) This Essay suggests that predictions about the character of international law in the context of rising authoritarianism may be nuanced by paying closer attention to the influence of transnational civil society (TCS) on global affairs and normative development. While acknowledging that pro-liberal civil society has faced escalating threats from... 2022
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