AuthorTitleCitationSummaryYear
Medha D. Makhlouf, Jasmine Sandhu Immigrants and Interdependence: How the Covid-19 Pandemic Exposes the Folly of the New Public Charge Rule 115 Northwestern University Law Review Online 146 (10/14/2020) Abstract--On February 24, 2020, just as the Trump Administration began taking significant action to prepare for an outbreak of COVID-19 in the United States, it also began implementing its new public charge rule. Public charge is an immigration law that restricts the admission of certain noncitizens based on the likelihood that they will become... 2020
Lauren Scheid Immigrants Make America Great: Contemporary Overview of the Executive Authority for Regulation of U.s. Immigration Policy 30 Indiana International & Comparative Law Review 525 (2020) The celebrated Broadway musical Hamilton makes it clear that immigrants make America great. European settlers created the thirteen colonies on the east coast of the United States by leaving their home country in search of a better life across the Atlantic. Additionally, all of the Founding Fathers themselves were technically immigrants--they were... 2020
Michael T. Light , Isabel Anadon Immigration and Violent Crime: Triangulating Findings Across Diverse Studies 103 Marquette Law Review 939 (Spring, 2020) The dramatic increase in both lawful and unauthorized immigration in recent decades produced a groundswell of research on two questions: (1) Does immigration increase violent crime? and (2) What policy responses are most effective at addressing unauthorized immigration (e.g., sanctuary policies, deportations, etc.)? For the most part, these bodies... 2020
Engy Abdelkader Immigration in the Era of Trump: Jarring Social, Political, and Legal Realities 44 Harbinger 76 (4/24/2020) In 2020, immigration is proving to be an election year issue. The Trump reelection campaign is strategically leveraging it as a political narrative to win votes while further polarizing an already fractured nation along ideological and partisan lines. Indeed, a review of related public opinion surveys may prove illuminating on this score. According... 2020
Wendy E. Parmet Immigration Law as a Social Determinant of Health 92 Temple Law Review 931 (Summer, 2020) Public health research demonstrates that population health is shaped in large measure by numerous social factors, widely known as the social determinants of health. This Essay argues that immigration law acts as a social determinant that affects the health of both noncitizens and citizens. Looking at several of the Trump administration's regulatory... 2020
Juan F. Perea Immigration Policy as a Defense of White Nationhood 12 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2020) C1-3Table of Contents I. The Framers' Wish for a White America. 3 II. The Cycles of Mexican Expulsion. 5 III. Deportation and Mass Expulsion: Social Control to Keep America White. 11 2020
Charles R. Lawrence III Implicit Bias in the Age of Trump: Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York, N.y.: Viking. 2019. Pp. 340. $28.00 133 Harvard Law Review 2304 (May, 2020) We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... 2020
Nicholas Serafin In Defense of Immutability 2020 Brigham Young University Law Review 275 (2020) Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under... 2020
Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz Herrera, JoNel Newman In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters 80 Louisiana Law Review 421 (Winter, 2020) C1-2Table of Contents Introduction. 423 I. Assessing Legal Needs and Capacity Post-Disaster. 425 A. Social Injustice Is Exacerbated by Natural Disasters. 425 B. Identifying Legal Needs in Context. 428 C. Assessing Clinic Resources and Capacity. 431 II. The Ecosystem of Agencies, Law, and Resources After a Natural Disaster. 434 A. Federal Emergency... 2020
Kaylin Hawkins Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration 93 Temple Law Review 181 (Fall, 2020) Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent... 2020
Derek E. Bambauer Information Hacking 2020 Utah Law Review 987 (2020) The 2016 U.S. presidential election is seen as a masterpiece of effective disinformation tactics. Commentators credit the Russian Federation with a set of targeted, effective information interventions that led to the surprise election of Republican candidate Donald Trump. On this account, Russia hacked not only America's voting systems, but also... 2020
Amalia D. Kessler Introduction to Special Issue 15 Stanford Journal of Civil Rights & Civil Liberties 311 (June, 2020) This special issue of the Stanford Journal of Civil Rights & Civil Liberties emerges from a set of conversations here at Stanford Law School--sparked by the centennial of the Nineteenth Amendment--that also gave rise to the Stanford Center for Law and History's 2019 conference on Legal Histories and Legacies of the Nineteenth Amendment. The... 2020
Emily Ryo , Professor of Law and Sociology, USC Gould School of Law, Los Angeles, CA Introduction to the Special Issue on Immigration Detention 54 Law and Society Review 750 (December, 2020) In a recent article, I called for the development of a systematic field of study devoted to investigating the causes, conditions, and consequences of immigration detention (Ryo 2019). The two articles in this special issue are cutting-edge studies that answer that call. They leverage multiple methods to overcome enormously difficult data challenges... 2020
John Tehranian Is Kim Kardashian White (And Why Does it Matter Anyway)? Racial Fluidity, Identity Mutability & the Future of Civil Rights Jurisprudence 58 Houston Law Review 151 (Fall, 2020) With the world's most ubiquitous celebutante firmly cast in the starring role, this Article conducts an exegesis on the semiotics of Kim Kardashian's racial identity. In the process, the Article explores the social construction of race in action, weighs the individual agency possible in the racialization process, and further probes the reality of... 2020
Carlos R. Pastrana Is Your Law Firm Truly Committed to Diversity? 93-SEP Wisconsin Lawyer 28 (September, 2020) Since relocating from Puerto Rico to the United States, the author has worked at national, regional, and local firms of all sizes. Although the racial compositions and level of fluency of each of these firms on the topics of diversity and inclusion varied, they all recognized that the legal services market is changing and shared a desire to adapt... 2020
Elisa Vari Italy-libya Memorandum of Understanding: Italy's International Obligations 43 Hastings International and Comparative Law Review 105 (Winter, 2020) In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... 2020
Elisa Vari Italy-libya Memorandum of Understanding: Italy's International Obligations 43 Hastings International and Comparative Law Review 105 (Winter, 2020) In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... 2020
Kerry Martin Jail by Another Name: Ice Detention of Immigrant Criminal Defendants on Pretrial Release 25 Michigan Journal of Race and Law 147 (Winter, 2020) This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon's decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or.... 2020
Emily Ryo , Ian Peacock Jailing Immigrant Detainees: a National Study of County Participation in Immigration Detention, 1983-2013 54 Law and Society Review 66 (March, 2020) Hundreds of county jails detain immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties... 2020
Natalie Gomez-Velez Judicial Selection: Diversity, Discretion, Inclusion, and the Idea of Justice 48 Capital University Law Review 285 (Fall, 2020) Judicial selection norms are being tested in significant ways. The current President Donald J. Trump is breaking standards of governance and political discourse related to judging and the rule of law in troubling and dangerous ways. At the same time, the abandonment of years of bi-partisan approaches to judicial selection in an era of extreme... 2020
Felice Batlan, IIT-Chicago-Kent College of Law Julian Lim, Porous Borders: Multiracial Migrations and the Law in the U.s.--mexican Borderlands. Chapel Hill: University of North Carolina Press, 2017. Pp. Xv + 302. $32.50 Hardcover (Isbn 9781469635491). Doi:10.1017/s0738248020000152 38 Law and History Review 509 (May, 2020) Porous Borders is firmly situated in the interdisciplinary scholarship on borderlands and contributes to this literature by including the experiences of Chinese migrants who lived on both sides of the U.S.-Mexican border, as well as those of Mexicans, African Americans, English-speaking whites, and various First Nations peoples. Much of the first... 2020
Sunita Patel Jumping Hurdles to Sue the Police 104 Minnesota Law Review 2257 (May, 2020) Introduction. 2258 I. Police Structural Reform Litigation. 2269 A. Standing To Obtain Police Injunctions: Lyons. 2271 B. Municipal Liability: Monell. 2276 C. Class Certification: Wal-Mart Stores, Inc. v. Dukes. 2281 1. Class Certification Requirements Under Rule 23. 2282 2. Commonality Under Wal-Mart Stores, Inc.. 2283 II. Floyd v. City of New... 2020
Cass R. Sunstein Lapidation and Apology 2020 University of Chicago Legal Forum 295 (2020) Groups of people, outraged by some real or imagined transgression, often respond in a way that is wildly disproportionate to the occasion, thus ruining the transgressor's day, month, year, or life. To capture that phenomenon, we might repurpose an old word: lapidation. Technically, the word is a synonym for stoning, but it sounds much less violent.... 2020
Marisa Abrajano , Lisa García Bedolla Latino Political Participation 25 Years after the Passage of Proposition 187: Opportunities and Continuing Challenges 53 U.C. Davis Law Review 1831 (April, 2020) C1-3Table of Contents L1-2Introduction L31833 I. Can Text Messages Mobilize Voters?. 1839 II. Using Gotv Text Messages to Mobilize Latinos and Voters of Color. 1842 III. Research Design. 1845 IV. Results. 1850 L1-2Conclusion L31854 L1-2Appendix L31856 2020
Julia Hernandez Lawyering Close to Home 27 Clinical Law Review 131 (Fall, 2020) This essay incorporates ethnographic insights and narrative technique, rooted in part in Critical Race Theory and critical geography studies, to ground conversations about transformative pedagogy and praxis in the lived experiences of our students. Many of our students fight for radical social change and enter law school hoping to gain new tools... 2020
Tommaso Tani Legal Responsibility for False News 8 Journal of International Media & Entertainment Law 229 (2019-2020) In 2016 and 2017, the debate about false news reached its peak, leading several authors to a new specific legal categorization that explored a new limitation on freedom of speech. This article starts with an analysis of different frameworks (from the U.S. and Europe) that can be applied to design such limitations as well as their philosophical... 2020
Shajuti Hossain Lessons from Blackamerican Lawyers' Social Justice Advocacy for Immigrant Muslim Lawyers 24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant... 2020
Athena D. Mutua Liberalism's Identity Politics: a Response to Professor Fukuyama 23 University of Pennsylvania Journal of Law and Social Change 27 (2020) INTRODUCTION. 27 I. FUKUYAMA'S ARGUMENT, BRIEFLY OUTLINED. 28 II. RECOGNITION V. DISTRIBUTION (ECONOMIC) CLAIMS. 32 III. ORIGIN STORY: LIBERALISM'S IDENTITY POLITICS. 35 A. A Post Civil War Frame?. 37 B. Distributional Claims & Advocacy, Multiculturalism & Colorblindness. 39 C. Same Ole Economics and White Supremacy. 42 D. Political Correctness and... 2020
Nadia E. Brown , Danielle C. Lemi Life for Me Ain't Been No Crystal Stair: Black Women Candidates and the Democratic Party 100 Boston University Law Review 1613 (October, 2020) C1-2Contents Introduction. 1614 I. Black Women Candidates and Party Politics. 1617 A. Democratic Party. 1617 B. Black Women Candidates. 1620 II. Data and Methods. 1623 A. The Sample. 1623 B. The Method. 1625 III. Black Women Candidates' Experiences with the Democratic Party. 1626 A. The Democratic Party: Gatekeeping and Racial Politics. 1626 B. The... 2020
Cassandra Burke Robertson , Irina D. Manta Litigating Citizenship 73 Vanderbilt Law Review 757 (April, 2020) By what standard of proof--and by what procedures--can the U.S. government challenge citizenship status? That question has taken on greater urgency in recent years. News reports discuss cases of individuals whose passports were suddenly denied, even after the government had previously recognized their citizenship for years or even decades. The... 2020
J.S. Nelson Management Culture and Surveillance 43 Seattle University Law Review 631 (Winter, 2020) As the modern workplace increasingly adopts technology, that technology is being used to surveil workers in ways that can be highly invasive. Ostensibly, management uses surveillance to assess workers' productivity, but it uses the same systems to, for example, map their interpersonal relationships, study their conversations, collect data on their... 2020
Conor McDonough Mezei's Day in Court: Debtors' Prisons, Substance Abuse, and the Permissiveness of Civil Detention in American Immigration Law 114 Northwestern University Law Review 1631 (2020) Abstract--American immigration law mandates the civil detention of certain classes of migrants while their legal cases proceed through the courts. Due to the peculiar nature of immigration law, many migrants find themselves detained for years on end without receiving the level of due process that normally attends imprisonment. This Note draws on... 2020
Hafsa S. Mansoor Modern Racism but Old-fashioned Iied: How Incongruous Injury Standards Deny "Thick Skin" Plaintiffs Redress for Racism and Ethnoviolence 50 Seton Hall Law Review 881 (2020) To be a Negro in this country and to be relatively conscious is to be in a rage almost all the time. -James Baldwin On March 4, 2000, Delois Turner wanted a donut and a cup of coffee. Ms. Turner, a fifty-seven year old Black woman from New York, entered Nancy Wong's donut shop to purchase her pastry and beverage. Unfortunately, the donut Wong... 2020
Shiu-Ming Cheer Moving Toward Transformation: Abolitionist Reforms and the Immigrants' Rights Movement 68 UCLA Law Review Discourse 68 (2020) This Article discusses the criteria for abolitionist reforms and assesses whether current immigrants' rights demands move us towards a more transformative agenda, one that questions the legitimacy of the state. The Article argues that calls to invest in immigrant communities and to release immigrants from detention can be radical reforms that move... 2020
Walter I. Gonçalves, Jr. Narrative, Culture, and Individuation: a Criminal Defense Lawyer's Race-conscious Approach to Reduce Implicit Bias for Latinxs 18 Seattle Journal for Social Justice 333 (Spring, 2020) When a criminal defense attorney is assigned a case and shows up at the first court appearance, more often than not the client will be of color. Depending on the region, the client has a greater chance of being African American, Latinx, or Native American compared to white. This is true for most federal district courts in the United States. To make... 2020
Sean L. Litteral National Security at Home: Chinese Investment in U.s. Real Estate 31 Stanford Law and Policy Review 237 (2020) In recent years there has been a growing literature on the threats and opportunities presented by an emerging China. These works tend to focus on the national security and economic ramifications of a China that is propelled in part by the theft of critical information such as trade secrets, patented processes, business plans, and cutting-edge... 2020
Johnny Thach Not Far Enough: the Rising Elderly Prison Population and Criminal Justice and Prison Reform Following the First Step Act of 2018 26 Cardozo Journal of Equal Rights & Social Justice 631 (Spring, 2020) C1-2Table of Contents Introduction. 632 I. Elderly People in the Current United States Prison System. 637 A. The Rising Elderly Prison Population. 640 B. Old Age and Physical and Mental Impairments. 641 C. Non-Integration in a Correctional Setting. 643 D. Health Care and Medical Services. 644 E. Disproportionate Number of Deaths in Prison. 647 II.... 2020
Mark C. Weber Of Immigration, Public Charges, Disability Discrimination, And, of All Things, Hobby Lobby 52 Arizona State Law Journal 245 (Spring, 2020) This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration's new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related... 2020
Duane Rudolph Of Moral Outrage in Judicial Opinions 26 William and Mary Journal of Race, Gender, and Social Justice 335 (Winter, 2020) Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal... 2020
Asad L. Asad On the Radar: System Embeddedness and Latin American Immigrants' Perceived Risk of Deportation 54 Law and Society Review 133 (March, 2020) Drawing on in-depth interviews with 50 Latin American immigrants in Dallas, Texas, this article uncovers systematic distinctions in how immigrants holding different legal statuses perceive the threat of deportation. Undocumented immigrants recognize the precarity of their legal status, but they sometimes feel that their existence off the radar of... 2020
Michael D. Ramsey Originalism and Birthright Citizenship 109 Georgetown Law Journal 405 (December, 2020) The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does... 2020
Michael Molstad Our Inner Demons: Prosecuting Domestic Terrorism 61 Boston College Law Review 339 (January, 2020) Abstract: The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist... 2020
Lydia Turnage Out of Sight, out of Mind: Rural Special Education and the Limitations of the Idea 54 Columbia Journal of Law and Social Problems Probs. 1 (Fall, 2020) In 1975, the Individuals with Disabilities Education Act (IDEA) established a substantive right to free appropriate public education (FAPE) for children with special needs. Since that time, the right to FAPE has primarily been defined by--and enforced through--the IDEA's robust set of procedural safeguards and avenues for private enforcement.... 2020
Nantiya Ruan Papercuts: Hierarchical Microaggressions in Law Schools 31 Hastings Women's Law Journal L.J. 3 (Winter, 2020) It is hard to say no to the existing social and political order--and to mean it, to mean it with an everyday commitment of energy. --Dorothy Day Death by a thousand cuts. Torts lacks the status of Contracts. In this alternate universe, it is the drafting and interpreting of legal documents that is most valued in the law. As the Professors of... 2020
Matthew L.M. Fletcher Politics, Indian Law, and the Constitution 108 California Law Review 495 (April, 2020) The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not... 2020
L. Ali Khan Populist and Islamist Challenges for International Law, Written by Amos Guiora & Paul Cliteur 89-JAN Journal of the Kansas Bar Association 47 (January, 2020) 410 pages ABA Book Publishing September 3, 2019 ISBN-10: 9781641054911 Populist and Islamist Challenges for International Law is less a book and more an assemblage of stand-alone ideas on a complex and controversial topic, recognize Amos Guiora and Paul Cliteur, the lead authors. One of us lives in the Netherlands (Cliteur); one of us splits his... 2020
Alvaro M. Bedoya Privacy as Civil Right 50 New Mexico Law Review 301 (Summer, 2020) As the first U.S.-born Hispanic senator, Senator Dennis Chávez of New Mexico left a rich legacy of advocacy for civil rights and civil liberties. In this lecture, the fourth U.S. Senator Dennis Chávez Endowed Lecture on Law and Civil Rights, I explore an idea at the intersection of those two bodies of law: the right to privacy. In 2020, the... 2020
Jose Felipe Anderson Privacy, Technology and the Fourth Amendment: the Future and the Shock 29 Widener Commonwealth Law Review 43 (2020) Five decades ago, Alvin Toffler, editor of Fortune magazine, produced his master work entitled Future Shock. The nearly five-hundred page book focused on technology and how it will affect the future of our society in the information age. The book was an international bestseller. In it, Toffler dealt with the change that was coming to many aspects... 2020
Shreya Subramani Productive Separations: Emergent Governance of Reentry Labor 47 Fordham Urban Law Journal 941 (June, 2020) This ethnographic Essay critiques progressive criminal justice reforms as neoliberal technologies that devalue racialized labor within the city of New Orleans, Louisiana. It begins by describing the emergent reentry space, a proliferating network of policy and programming emerging to manage and provide services for formerly incarcerated people... 2020
Angela C. Carmella Progressive Religion and Free Exercise Exemptions 68 University of Kansas Law Review 535 (March, 2020) Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their... 2020
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