AuthorTitleCitationSummaryYear
Alexander Brown "BIGOTS IN BLACK ROBES": LEGAL ETHICS AND JUDICIAL HATE SPEECH 20 Intercultural Human Rights Law Review 285 (2025) Instances of judges using, as opposed to merely mentioning, hate speech are relatively rare, but they are not unheard of. Nor are they confined to the distant past. What is more, like other forms of judicial misconduct, when judges use hate speech, this can bring the judiciary into disrepute. Judicial hate speech raises two pressing questions of... 2025
Roula Allouch A PERSONAL PERSPECTIVE ON THE STATE OF THE AMERICAN MUSLIM COMMUNITY 50 Human Rights 6 (February, 2025) Muslims in America are experiencing unprecedented pain and challenges to our identity as Americans and our place in this society. It is impossible, and would be entirely irresponsible, to speak about the rise in Islamophobia and the numerous challenges Muslim Americans face today without simultaneously addressing the genocide in Gaza and the... 2025
Ahmad Ibsais AI AT THE BORDERS: HOW THE EU AI ACT CAN PROVE TO BE INCOMPATIBLE WITH FUNDAMENTAL RIGHTS FOR REFUGEES 56 Georgetown Journal of International Law 729 (Spring, 2025) With the emergence and growing sophistication of artificial intelligence (AI), there is a new set of challenges at the intersection of innovation, fundamental human rights law, and migration policy within the European Union (EU). This Note critically examines the EU's approach to AI regulation, particularly its application at borders and in... 2025
Jasmine B. Gonzales Rose, Asees Bhasin, Spencer Piston ANTIRACIST EXPERT EVIDENCE 134 Yale Law Journal 2362 (May, 2025) ABSTRACT. Since 2020, when mass protests against racism swept across the United States, scholars, lawyers, and the general public have become increasingly aware that racism permeates society and the criminal legal system, from overt racial animus to the nuanced effects of structural racism. Demonstrating the influence of racism is therefore vital... 2025
Esther Feeken , University of Bremen, Bremen, Germany ASSEMBLAGES OF (IN)SECURITY: POLITICAL ISLAM, OPERATION LUXOR, AND THE RISE OF SOFT AUTHORITARIAN SECURITY GOVERNANCE IN AUSTRIA 48 PoLAR: Political and Legal Anthropology Review 1 (November, 2025) Received: 11 February 2025 Accepted: 13 June 2025 Keywords: Austria | epistemic violence | political Islam | security | soft authoritarianism Over the past few decades, Austria's conservative and right-wing parties have increasingly framed Islam as a source of terrorism and national insecurity. The center-right Austrian People's Party's (OVP)... 2025
Iza Hussin , Politics and International Studies, University of Cambridge, UK, Email: ih298@cam.ac.uk BETWEEN EMPIRES: ARAB, ASIAN, AND EUROPEAN LEGAL ORDERS IN THE NINETEENTH-CENTURY INDIAN OCEAN 50 Law and Social Inquiry 935 (August, 2025) Seema Alavi, Sovereigns of the Sea: Omani Ambition in the Age of Empire. Delhi: Penguin Random House, 2023 Seema Alavi's Sovereigns of the Sea presents a reading of global and imperial politics of the long nineteenth century from an oceanic and Asian vantage point. From this vantage point, she shows that Arab and Asian imperialisms jostled and... 2025
Swethaa S. Ballakrishnen , School of Law, University of California Irvine, Irvine, CA, USA, Email: sballakrishnen@law.uci.edu BLASÉ: DEVIANT LAWYERS AND THE DENIAL OF DISCRIMINATION 59 Law and Society Review 324 (June, 2025) (Received 20 November 2023; revised 2 September 2024; accepted 10 October 2024) Using 60 interviews with a range of minority law students and early career legal professionals (primarily differentiated by race, gender identity, religion, and disability), this Article illuminates the cruciality of empirical Critical Race Theory to understand... 2025
Shirin Sinnar CAMPUS PROTESTS AND THE RULE OF LAW 87 Law and Contemporary Problems 117 (2025) In its opening months, the Trump administration launched an all-out assault on American higher education, slashing federal funding for academic research, ordering the elimination of diversity initiatives, punishing institutions for campus pro-Palestine protests, and detaining for deportation international students who had participated in protests.... 2025
Jonathan Feingold , Joshua Weishart DISCRIMINATORY CENSORSHIP LAWS 99 Tulane Law Review 585 (February, 2025) The summer of 2020 ignited global protests for racial justice. Across the United States, millions marched with a modest plea: that America reckon with its racism. For K-12 schools, this moment pushed local communities and district leaders to create more inclusive classrooms and curricula. Yet before the summer ended, America's antiracist turn... 2025
Verónica C. Gonzales FINE-TUNING LLMS: STRUCTURAL FLUENCY AND AUGMENTATION FOR THE GREAT AND POWERFUL WIZARD OF AI 25 Duke Law & Technology Review 116 (27-Jan-25) The civil legal tradition carries assumptions, biases, and attitudes rooted in racism and ideologies intended to protect the (im)balance of power. This moment in history offers new versions of the same challenges with the integration of artificial intelligence (AI) and large language models (LLMs) into legal frameworks, and those critiques are... 2025
René Reyes FREE SPEECH AS WHITE PRIVILEGE: RACIALIZATION, SUPPRESSION, AND THE PALESTINE EXCEPTION 111 Virginia Law Review Online 166 (June, 2025) Free speech is under siege. This is not to say that all speakers and viewpoints are at equal risk--some voices receive support and protection, while others are subject to threats and suppression. Pro-Palestinian speech falls into the latter category. Critics argue that there has long been a Palestine Exception to free speech, but attempts to... 2025
Rita E. Kuckertz HIDDEN BARRIERS TO ENTRY: LANGUAGE INJUSTICE, NOTICE, AND THE IN ABSENTIA REMOVAL OF FAMILIES ON LA'S DEDICATED DOCKET 28 Harvard Latin American Law Review 193 (Spring, 2025) The Dedicated Docket is among the latest in a series of fast-tracked immigration adjudication systems. Enacted by President Biden in 2021, it was designed to process families' immigration cases within 300 days. Since its inception, advocates have repudiated the docket, reporting grave due process and transparency concerns. This Article supplements... 2025
Anita L. Allen , Christopher Muhawe IS PRIVACY REALLY A CIVIL RIGHT? 40 Berkeley Technology Law Journal 1 (2025) Sixty years ago, President Lyndon Johnson signed the Civil Rights Act of 1964. Civil rights laws aimed at curbing discrimination and inequality in federal programs, public accommodations, housing, employment, education, voting and lending faced opposition before the Act and continue to do so today. Nevertheless, a swell of legal scholars, policy... 2025
Elsadig Elsheikh , Basima Sisemore LEGALIZING OTHERING: INSTITUTIONALIZED ISLAMOPHOBIA AND THE SUBVERSION OF U.S. DEMOCRACY 50 Human Rights 19 (February, 2025) In the last year, Muslim Americans have reported a surge in anti-Muslim violence and hate. According to the Council on American-Islamic Relations, the United States' largest Muslim civil liberties organization, in 2023, it received over 8,000 complaints of anti-Muslim incidents--the highest number of complaints in the organization's 30-year... 2025
Martin S. Min LIBERTÉ OR ÉGALITÉ? STRICTLY SCRUTINIZING "COLORBLIND" EQUALITY JURISPRUDENCE IN THE UNITED STATES AND FRANCE 26 Rutgers Race & the Law Review 154 (2025) There is a general understanding in American legal discourse that colorblind constitutionalism requires equal treatment between individuals without regard to race. This manifests as requiring strict scrutiny review of governmental actions that employ race to distinguish people. Countries like France reveal different interpretations of the meaning... 2025
Asim Zaidi MAJOR QUESTIONS IN THE PLENARY POWER DOMAIN 72 UCLA Law Review 256 (May, 2025) Immigration law has been described as a field of constitutional oddity. Under the plenary power doctrine, courts have deferred to government decisions on immigration policy that would plainly violate constitutional rights outside of the immigration context. Courts have wielded the plenary power doctrine as a tool of systemic racism, using it to... 2025
Chaumtoli Huq MUSLIM AMERICAN WORKERS, FAITH AND LABOR ORGANIZING 69 Saint Louis University Law Journal 299 (Winter, 2025) Islam is one of the fastest-growing religions in the U.S. Muslim-Americans are racially, ethnically and theologically diverse and are a politically engaged constituency. It is a community experiencing immense economic insecurity alongside political vulnerability due to discrimination, which make them inclined to labor organizing. Despite these... 2025
Ali Hakim, Matei Alexianu NON-STATE SANCTIONS: PRIVATE INSTRUMENTS OF INTERNATIONAL LAW 58 Vanderbilt Journal of Transnational Law 839 (October, 2025) Amid the catastrophic wars in Gaza and Ukraine, private organizations have arranged boycotts, bans, and other nonviolent measures to pressure Israel and Russia to comply with international law. These are just the latest examples of a long tradition of international law enforcement by non-state actors. But despite this rich history, international... 2025
Sunita Patel POLICING CAMPUS PROTEST 125 Columbia Law Review 1277 (June, 2025) College campuses across the country celebrate their legacies of creating free speech guarantees following student protests from the mid-1960s to early 1970s, even though colleges had minimal tolerance of such protests at the time. As part of the New Left's vision for a different society, students, sometimes joined by faculty, demanded an end to the... 2025
Deena R. Hurwitz , Walter H. White Jr. RECOGNIZING ISLAMOPHOBIA, ANTI-PALESTINIAN RACISM, AND ANTISEMITISM 50 Human Rights 16 (February, 2025) What do a six-year-old Chicago-area boy, a family in Maryland, a California sixth grader, a Florida State University student senate president, and a 46-year-old corporate lawyer from New Jersey have in common? They are all victims of Islamophobia and/or anti-Palestinian racism. Six-year-old Palestinian American Wadea Al-Fayoume was murdered by his... 2025
Leo Yu REVIVING EXCLUSION 12 Texas A&M Law Review 1683 (Spring, 2025) Over a century ago, 15 states enacted alien land laws designed to deprive Japanese immigrants of property rights. It took half a century for these laws to be repealed. Today, alien land laws are experiencing a strong revival in America. Twelve states have enacted new versions targeting the Chinese community, with seventeen states preparing to... 2025
  RIGHT TO A JURY TRIAL 54 Georgetown Law Journal Annual Review of Criminal Procedure 659 (2025) 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... 2025
Maryam Jamshidi SECURITIZING THE UNIVERSITY 110 Minnesota Law Review 301 (November, 2025) Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an... 2025
  SENTENCING GUIDELINES 54 Georgetown Law Journal Annual Review of Criminal Procedure 851 (2025) The Sentencing Reform Act of 1984 created the United States Sentencing Commission. The Commission was charged with promulgating Guidelines (Guidelines) in accordance with statutory standards. The Guidelines were intended to implement the general purposes of sentencing, which are enumerated in 18 U.S.C. § 3553(a)(2), and the specific directives of... 2025
  SUBSTANTIVE RIGHTS RETAINED BY PRISONERS 54 Georgetown Law Journal Annual Review of Criminal Procedure 1226 (2025) Right of Access to Courts. The Constitution guarantees prisoners the right of meaningful access to the courts. This right of access imposes an affirmative duty on prison officials to help prisoners prepare and file legal papers, either by establishing an adequate law library or by providing adequate assistance from persons trained in the law.... 2025
Cheyenne Knavel TARGETING CIVILIANS IN THE NAME OF NATIONAL SECURITY: HOW THE NO FLY LIST PERPETUATES POST-9/11 DISCRIMINATION AND INDIVIDUAL RIGHTS VIOLATIONS 84 Maryland Law Review 1043 (2025) In the period following the September 11, 2001, terrorist attacks (9/11), Americans came together in a moment of national unity. This notion of national unity, however, was a pretense for a violent and divisive form of purported American patriotism: The post-9/11 period saw a sharp increase in hate crimes committed against Muslim, Arab, Middle... 2025
Madison Buckley THE COST OF BIGOTRY IN THE JUSTICE SYSTEM: HOW APPOINTED COUNSEL'S RACISM AND BIGOTRY DEPRIVES DEFENDANTS OF CONSTITUTIONAL RIGHTS 59 New England Law Review Forum 1 (2025) The Fourteenth Amendment to the United States Constitution provides that all citizens of the United States are entitled to equal protection of the laws. The Amendment also guarantees that no person shall be deprived of life, liberty, or property, without due process of law. However, glimpsing into the history of the criminal justice system of... 2025
Nadia B. Ahmad THE IMPERCEPTIBILITY OF MUSLIM IDENTITY 28 CUNY Law Review 169 (Winter, 2025) This article examines the challenges facing Muslim Americans, particularly Muslim women, as they confront systemic bias, intersectional oppression, and the racialization of religion in the United States. Through personal narrative and critical legal scholarship, it explores the pervasive nature of Islamophobia in political, academic, and societal... 2025
Symeon C. Symeonides THE PUBLIC POLICY EXCEPTION IN CHOICE OF LAW 39 Emory International Law Review 1047 (2025) C1-3Table of Contents I. For Peter Hay. 1049 II. The Public Policy Exception: Comparative Background. 1050 III. The American Version. 1054 A. The Loucks Case. 1054 B. The Three Restatements. 1058 1. The First Restatement. 1058 2. The Second Restatement. 1059 3. The Third Restatement. 1063 C. The Courts. 1065 IV. Public Policy and Mandatory Rules.... 2025
Karla McKanders THE RACIALIZED RETALIATORY STATE: WEAPONIZING IMMIGRATION LAW TO CRIMINALIZE DISSENT 32 William and Mary Journal of Race, Gender, and Social Justice 63 (Fall, 2025) Just days before his ICE arrest in February 2019, 21 Savage, birth name-- She'yaa Bin Abraham-Joseph--a British-born American rapper of Caribbean descent--performed a song on The Tonight Show that included lyrics critical of family separations at the United States-Mexico border and other injustices: The gas was off, so we had to boil up the... 2025
Khaled A. Beydoun THE WORLD CUP AS A RACIAL REBUILT PROJECT 2025 Utah Law Review 805 (2025) Scholars, particularly Critical Race Theorists, have written trenchantly about the law's role in racial formation. Yet, while instrumental in this process, the law does not stand alone as a conduit of making race. Particularly for misrepresented groups, like Arabs, who struggle to find existential self-determination between imperial identity... 2025
Rahmah A. Abdulaleem TRIPLE DISCRIMINATION ON THE BASIS OF GENDER, RACE, AND RELIGION 50 Human Rights 12 (February, 2025) Islamophobia /<>/ noun: Islamophobia dislike of or prejudice against Islam or Muslims, especially as a political force. As a society, we are so conditioned to put people in particular categories that we don't know how to deal with people who fit into multiple groupings. I am an African American Muslim born in the United States... 2025
Harvey Gee WAR COURTS: FDR, NATIONAL SECURITY, AND THE WAR ON TERRORISM 129 Dickinson Law Review 677 (Winter, 2025) L1-3Table of Contents L1-2Introduction . L3678 I. FDR's War Court and the Japanese American Internment. 683 A. Curfew Cases: Hirabayashi v. United States. 685 B. Curfew Cases: Yasui v. United States. 687 C. Exclusion Cases: Korematsu v. United States. 688 D. Exclusion Cases: Ex parte Endo. 692 E. Modern Parallels: Trump v. Hawaii. 695 II. The Bush... 2025
Alexander Brown WORDS OF HATE, STREETS OF RAGE: REFORMING THE ENGLAND AND WALES STIRRING UP HATRED OFFENSES 33 Tulane Journal of International and Comparative Law 405 (Spring, 2025) Britain has a long history of individuals using words to provoke enmity between different sections of society and of ensuing riots and other breaches of the peace. Since 1965, Britain has also had statutory offenses relating to the stirring up of hatred on grounds of race and some other protected characteristics, set forth as part of the... 2025
Rabiat Akande AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW 118 American Journal of International Law 1 (January, 2024) More than half a century after the UN's adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention's protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were... 2024
Ahmed Al Rawi BLOCKING FAITH: HOW AMERICAN MUSLIMS ARE CHILLED THROUGH THE NEW ANTI-MUSLIM STATUTES AND THE SECURITY AGENCIES' SURVEILLANCE IN THE ERA OF DIGITAL POLICING 39 Touro Law Review 1 (2024) This Article explores the legal repercussions resulting from the new wave of anti-Muslim statutes and the state monitoring operations on American Muslims' First Amendment rights. This Article argues that the U.S. government security agencies' surveillance operations (actions) that target American Muslims' religious activities and the new anti-... 2024
Ming Hsu Chen COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP 44 Cardozo Law Review 945 (February, 2023) Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... 2024
Sahar F. Aziz RACE, ENTRAPMENT, AND MANUFACTURING "HOMEGROWN TERRORISM" 111 Georgetown Law Journal 381 (March, 2023) At what point does offensive speech cross the line from being constitutionally protected to criminal? Rarely--would be the response of a free speech purist. Indeed, the First Amendment is intended to protect unpopular, offensive, and even subversive speech. Although this lesson may be taught to American schoolchildren, it is not the lived... 2024
Natsu Taylor Saito RACE, RELIGION, AND NATIONAL IDENTITY REVIEW OF SAHAR AZIZ, THE RACIAL MUSLIM: WHEN RACISM QUASHES RELIGIOUS FREEDOM (UC PRESS, 2022) 50 Hastings Constitutional Law Quarterly 169 (March, 2023) C1-2Table of Contents Introduction. 169 I. Being Muslim in the United States. 171 II. Structural Drivers of Islamophobia. 173 III. National Identity in a Settler State. 175 Conclusion. 180 2024
Talha Muhammad TAHKIM: WHY WE SHOULD CREATE AN AMERICAN MUSLIM ARBITRATION TRIBUNAL 14 UC Irvine Law Review 986 (September, 2024) This Note navigates the complex relationship between the U.S. legal system and Islamic law, particularly focusing on the challenges faced by U.S. courts. Examining judicial struggles in applying Islamic law, it critiques the limitations of expert witnesses and proposals for reform by legal scholars. Three prominent proposals--Peter W. Beauchamp's... 2024
Rama Izar U.S. HYPER-SURVEILLANCE IN THE NAME OF COUNTERTERRORISM: RESPONSES TO STATE-SANCTIONED REPRESSION OF ARABS AND MUSLIMS THEN AND NOW 29 Public Interest Law Reporter 267 (Spring, 2024) Although the U.S. government substantially increased surveillance of Muslim and Arab Americans since September 11, 2001 (9/11), the practice of this hyper-surveillance spans decades before. Today, Muslims and Arabs in America continue to face countless acts of racial and religious discrimination, including stabbings, shootings, and mosque... 2024
Khaled A. Beydoun , Nura A. Sediqe UNVEILING: THE LAW OF GENDERED ISLAMOPHOBIA 111 California Law Review 465 (April, 2023) For far too long, unveiling has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article... 2024
Ming Hsu Chen COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP 44 Cardozo Law Review 945 (February, 2023) Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... 2023
Sahar F. Aziz RACE, ENTRAPMENT, AND MANUFACTURING "HOMEGROWN TERRORISM" 111 Georgetown Law Journal 381(March, 2023) At what point does offensive speech cross the line from being constitutionally protected to criminal? Rarely--would be the response of a free speech purist. Indeed, the First Amendment is intended to protect unpopular, offensive, and even subversive speech. Although this lesson may be taught to American schoolchildren, it is not the lived... 2023
Natsu Taylor Saito RACE, RELIGION, AND NATIONAL IDENTITY REVIEW OF SAHAR AZIZ, THE RACIAL MUSLIM: WHEN RACISM QUASHES RELIGIOUS FREEDOM (UC PRESS, 2022) 50 Hastings Constitutional Law Quarterly 169 (March, 2023) C1-2Table of Contents Introduction. 169 I. Being Muslim in the United States. 171 II. Structural Drivers of Islamophobia. 173 III. National Identity in a Settler State. 175 Conclusion. 180 2023
Khaled A. Beydoun , Nura A. Sediqe UNVEILING: THE LAW OF GENDERED ISLAMOPHOBIA 111 California Law Review 465 (April, 2023) For far too long, unveiling has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article... 2023
Danna Z. Elmasry FIGHTING GLOBAL SURVEILLANCE: LESSONS FROM THE AMERICAN MUSLIM COMMUNITY 55 University of Michigan Journal of Law Reform 885 (Summer, 2022) The United States government has been spying on its citizens through a massive surveillance infrastructure that is unrestricted to a particular target or suspicion of wrongdoing. The statutory and regulatory authorities responsible for this infrastructure are sprawling and often secret. Built-in limitations and oversight mechanisms are riddled with... 2022
Alex B. Long OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") 55 U.C. Davis Law Review 1717 (February, 2022) C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... 2022
Cyra Akila Choudhury RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE 91 University of Cincinnati Law Review 1 (2022) Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... 2022
E. Tendayi Achiume RACIAL BORDERS 110 Georgetown Law Journal 445 (March, 2022) This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... 2022
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