| Author | Title | Citation | Summary | Year | Key terms In Title or Summary |
| Zainab Ramahi |
The Muslim Ban Cases: a Lost Opportunity for the Court and a Lesson for the Future |
108 California Law Review 557 (April, 2020) |
On January 27, 2017, newly inaugurated President Donald Trump signed an Executive Order that banned individuals from certain Muslim-majority countries from entry into the United States. The district and circuit courts' subsequent refusals to sanction the Muslim Banhtts offered hope to those who recognized the bans as part of a legacy of racist and...; Search Snippett: ...of the broader context in which they arose, in which racial bias and prejudice against Muslims has long been a feature of exclusionary legislation in the United States. Trump's bans provided the courts with a chance to correct... |
2020 |
Yes |
| Paul Horwitz |
A Few Grains of Incense: Law, Religion, and Politics from the Perspective of the "Christian" and "Pagan" Dispensations |
58 Journal of Catholic Legal Studies 125 (2019) |
The pleasures of reading Steven D. Smith's writing are varied and immense. That certainly holds true for his substantial new book, Pagans and Christians in the City. As with so much of his work, Smith's argument is presented simply and calmly, and with such mild wit and irony as to be seductive. Yet there is no question that in this book as...; Search Snippett: ...of bigotry or hostility. Thus, Martin Castro, chairman of the United States Commission on Civil Rights, asserted that [t]he phrases religious liberty... |
2019 |
|
| Avani Mehta Sood |
Attempted Justice: Misunderstanding and Bias in Psychological Constructions of Criminal Attempt |
71 Stanford Law Review 593 (March, 2019) |
How do jurors construe and apply facts and law to decide the point at which a defendant's thoughts and actions cross the line from being legally innocent to criminal? And under what doctrinal circumstances are such lay constructions of criminality vulnerable to legal misunderstanding and bias? Although these are high-stakes questions, the...; Search Snippett: ...Colum. Hum. Rts. L. Rev. 1, 33 (2002) [T]he Arab racial category is sometimes conflated with the Muslim religious category, even though most Arabs in America are not Muslim and most of the world's Muslims are not Arabs. ); Natsu Taylor Saito, Symbolism Under Siege: Japanese... |
2019 |
|
| Amy Seilliere |
How Voluntary Abandonment of Permanent Resident Status and Coercion Don't Mix |
51 University of the Pacific Law Review 155 (2019) |
C1-2Table of Contents I. Introduction. 156 II. Background Of Immigration Issues and Form I-407. 158 A. Presumption of Abandonment of Permanent Resident Status Upon Leaving United States for a Long Period of Time. 159 B. Purpose and Advantages of Form I-407. 160 C. Internal Agency Documents and Manuals Regarding Form I-407. 161 III. How Do We Know...; Search Snippett: ...FN102] From slavery to a ban on travel from predominantly Muslim countries, racist and nativist sentiments have marked a significant portion of United States history. [FN103] This background aids the argument for requiring a... |
2019 |
|
| Hajer Al-Faham , Angelique M. Davis , Rose Ernst |
Intersectionality: from Theory to Practice |
15 Annual Review of Law and Social Science 247 (2019) |
Black women, intersectionality, identity, inequality, politics Intersectionality as a framework and praxis has gathered significance in law and the social sciences over the past 20 years. This article begins by reviewing how intersectionality has been conceptualized, as well as the implications of varying definitions attributed to...; Search Snippett: ...Sociol. Forum 26(1):98-120 Guhin J. 2018. Colorblind Islam: the racial hinges of immigrant Muslims in the United States. Soc. Incl. 6(2):87-97 Hancock A-M. 2007... |
2019 |
|
| Nina Mozeihem , Samuel Bagenstos |
Interview with Khaled Beydoun |
52 University of Michigan Journal of Law Reform 903 (Summer, 2019) |
The following is a transcription of an interview with Professor Khaled Beydoun, conducted at the University of Michigan Law School on March 15, 2019. The transcript has been lightly edited for clarity. K. Beydoun: Thank you so much for having me. I really appreciate the Journal organizing this event. To you students here today, obviously this event...; Search Snippett: ...men and the broader community because it's driven in the United States by more of a racial imagining of who Muslims are. [FN36] In places like France, more religious, India, very... |
2019 |
|
| Marie A. Failinger |
Islam in the Mind of American State Courts: 1960 to 2001 |
28 Southern California Review of Law & Social Justice 21 (Spring, 2019) |
C1-2ABLE OF CONTENTS I. ISLAM IN THE MIND OF AMERICAN COURTS: THEN AND NOW. 28 II. CRIMINAL CASES. 30 A. Black Muslims: Subversive, Violent, Untrustworthy. 31 1. Legends: The Black Muslim Riots and Khaalis Assassinations. 34 2. Black Muslims as Subversive, Violent, or Criminal. 39 3. Muslims as Untruthful. 46 B. Jury Prejudices About Distinctive... |
2019 |
Yes |
| Eric K. Yamamoto, Rachel Oyama |
Masquerading Behind a Facade of National Security |
128 Yale Law Journal Forum 688 (January 30, 2019) |
In 1944, the Supreme Court in Korematsu v. United States upheld President Roosevelt's executive order initiating the mass removal and incarceration of 120,000 Japanese Americans on falsified claims of group disloyalty. In the ensuing decades, some courts and scholars have cited Korematsu as precedent for extreme judicial deference when...; Search Snippett: ...FN122] nearly half of Republican voters thought that the mass racial imprisonment was a good idea, and more than half supported Trump's call to ban[] Muslims from entering the United States. [FN123] iii. trump v. hawaii Challenges to President Trump's 2017... |
2019 |
|
| Engy Abdelkader, J.D., LL.M. |
Muslim Americans: Do Us Democratic Institutions Protect Their Religious Liberty? |
26 Asian American Law Journal 52 (2019) |
Introduction. 53 I. Muslims and Islam in America: A Demographic Sketch. 53 II. The Separation of Powers Doctrine. 56 III. The First Amendment and Religious Freedom. 58 A. The Free Exercise Clause. 58 B. The Establishment Clause. 59 IV. The Muslim Ban and Separation of Powers Doctrine. 60 A. The Ban. 63 1. The First Executive Order. 63 2. The Second... |
2019 |
Yes |
| Sohail Wahedi |
Muslims and the Myths in the Immigration Politics of the United States |
56 California Western Law Review 135 (Fall, 2019) |
Today, the explicit use of anti-immigration rhetoric has become common among a significant portion of the American political establishment. The 2016 election of President Trump generated a tougher attitude toward immigration and immigrants. Subsequently, the 2018 midterm elections revealed an increase in Islamophobic rhetoric among political...; Search Snippett: ...and 2012 presidential elections, and the recent elections of two Muslim women with immigrant backgrounds to Congress, do not erase the palpable presence of racial discrimination in the United States. [FN14] Studies have reaffirmed the presence of ethnic and racial... |
2019 |
Yes |
| Tally Kritzman-Amir , Jaya Ramji-Nogales |
Nationality Bans |
2019 University of Illinois Law Review 563 (2019) |
This Article conducts a comparative analysis between the nationality bans that exist in both Israel and the United States. In exploring the similarities and differences between these two countries' nationality bans, this Article critically evaluates the publicly projected rationales for the bans and argues that these bans promote blanket...; Search Snippett: ...can extend to broader treatment of impacted groups, such as Muslims in the United States and asylum-seeking enemy nationals in Israel, as well as racial minorities in both countries. The exclusionary logic may slowly and... |
2019 |
|
| Morgan Doiron |
Note - Living the American Nightmare: the Adverse Psychological Effects of Separating Immigrant Children from Their Primary Caregivers at the Border |
16 Journal of Health & Biomedical Law 52 (2019) |
This new world hath been the asylum for the persecuted lovers of civil and religious liberty . Hither they have fled, not from the tender embraces of the mother, but from the cruelty of the monster . According to the United States Census Bureau there are 7.5 billion people in the world. As of October 7, 2018, there were 328.7 million people...; Search Snippett: ...immigrants based on their political views); Chae Chan Ping v. United States ( The Chinese Exclusion Case ) 130 U.S. 581, 597 (1889) (upholding racial discrimination in immigration laws); see also Nguyen v. INS, 533... |
2019 |
|
| Nicole Walker |
Reaction To: "We're All French . Until We're Not: the Constitutional Stratification of French Ethnic Minorities" |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 205 (Fall, 2019) |
Critical race theory often overlooks modern day anti-black, anti-immigrant, and anti-Muslim racism in European countries. Similarly, other insular discrimination is ignored in the Western context, such as the effect of racial disparities on Afro-Caribbean, genderqueer, immigrant, and disabled minorities. Accordingly, Perkins' Note on racism in... |
2019 |
|
| Vanita Saleema Snow |
Reframing Radical Religion |
11 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2019) |
C1-3Table of Contents I. Introduction. 2 II. Weaponized Frames. 5 A. Framing Crime and Public Safety. 6 B. Framing National Security. 11 1. Framing Muslims as Foreign Intruders. 13 2. False Frames.. 14 III. Framing Theory. 15 A. Framing Techniques. 17 B. Fabricated Frames. 19 IV. The Effects of Weaponized Frames. 20 A. Discriminatory Policing... |
2019 |
|
| Rabea Benhalim |
Religious Courts in Secular Jurisdictions: How Jewish and Islamic Courts Adapt to Societal and Legal Norms |
84 Brooklyn Law Review 745 (Spring, 2019) |
In the post-9/11 era, public fear about the potential imposition of religious law on secular countries continues to rise. Presumptions about what comprises religious law, and its incompatibility with secular laws, abound. For some individuals, the fear of Islamic law has led to anti-Sharia legislation and heated debates about creeping Sharia. For... |
2019 |
Yes |
| Michael J. Broyde, Professor of Law, Emory University School of Law |
Religious Edicts, Secular Law, and the Family |
34 Journal of Law and Religion 496 (December, 2019) |
Church, State, and Family: Reconciling Traditional Teachings and Modern Liberties. By John Witte, Jr. Cambridge: Cambridge University Press, 2019. Pp. 454. $130.00 (cloth). ISBN: 9781316882542. KEYWORDS: family law, religious law, Jewish law, John Witte Jr., arbitration law The discussion of religious marriage law by my colleague John Witte, Jr.,...; Search Snippett: ...for American Islamic Arbitration Based on the Beth Din of America and Muslim Arbitration Tribunal Experience , 30 Harvard Journal on Racial & Ethnic Justice 33-76 (2014) see also David Aikman, America's Religious Past Fades in a Secular Age Wall Street Journal... |
2019 |
|
| Tatiana S. Laing |
Seeing in Color: the Voting Rights Act as a Race-conscious Solution to Prison-based Gerrymandering |
50 Seton Hall Law Review 499 (2019) |
In today's political climate, the debate about whether to aspire to colorblindness or race-consciousness continues to create tension. To some, our country's progression away from overtly racist policies may signal the need for a parallel progression away from directly discussing or addressing racial issues. The Supreme Court is no stranger to this...; Search Snippett: ...See generally Race and Discrimination, Opinions About Immigrants and Islam, in The Partisan Divide on Political Values Grows Even Wider... |
2019 |
|
| Steven L. Nelson, J.D., Ph.D. |
Special Education, Overrepresentation, and End-running Education Federalism: Theorizing Towards a Federally Protected Right to Education for Black Students |
20 Loyola Journal of Public Interest Law 205 (Spring, 2019) |
INTRODUCTION AND STATEMENT OF POSITIONALITY I. Summarizing the Fight for a Federal Right to Education II. A Critical Race Perspective on the Foundations of Overrepresentation of Black Students in Special Education Programs A. Examining the Racial Roots of Racial Disproportionality in Special Education B. Implementing Special Education in Urban...; Search Snippett: ...peoples. . I borrow this concept of racialization of non- racial categories from Khaled Beydoun who explicitly considers how structures in the United States have contributed to the racialization of Muslim communities ( see generally Khaled Beydoun, American Islamophobia: Understanding the Roots and Rise of Fear (2018)). In the... |
2019 |
|
| Ryan M. Mardini |
The "Muslim Ban" and the Constitutional Crisis |
96 University of Detroit Mercy Law Review 225 (Winter, 2019) |
Donald J. Trump is the forty-fifth President of the United States. The election of President Trump has ushered in a renaissance era of Islamophobia. People around the world--but most notably in America--publically cast a pervasive hatred towards Islam because of Trump's hardline rhetoric. Islamophobia began to take shape as a form of bigotry... |
2019 |
Yes |
| Mary L. Dudziak |
The Outcome of Influence: Hitler's American Model and Transnational Legal History |
117 Michigan Law Review 1179 (April, 2019) |
Hitler's American Model: The United States and the Making of Nazi Race Law. By James Q Whitman. Princeton and Oxford: Princeton University Press. 2017. P. 161. Cloth, $24.95; paper, $14.95. On July 17, 1935, William E. Dodd, the U.S. Ambassador to Germany, sent a disturbing dispatch to the Secretary of State: SIR: I have the honor to report that...; Search Snippett: ...Feel to Be a Problem?: Being Young and Arab in America (2008) (on the experience of Arab and Muslim Americans); Ian F. Haney López, Racism on Trial: The Chicano Fight for Justice (2003) (on the... |
2019 |
|
| Michael Miller |
The Times That Try Our Souls . And Define Us for History |
91-APR New York State Bar Journal B.J. 5 (April, 2019) |
In a departure from my previous president's messages focusing on broad societal issues, I had drafted a message describing the New York State Bar Association's considerable advocacy activities. However, I awoke this morning to the news of yet another mass murder, this time in Christchurch, New Zealand, where at least 50 people were murdered and...; Search Snippett: ...and prejudice. Whether inspired by white supremacy, anti-Semitism, anti- Muslim bigotry, racism, or xenophobia--or a combination--hate crimes are increasing exponentially, both here in America and around the world. Those who argue that there is… |
2019 |
|
| Pablo Chapablanco |
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops at Tsa Checkpoints and Hispanic Appearance |
104 Cornell Law Review 1401 (July, 2019) |
Introduction. 1402 I. A Brief History of the United States Border Patrol and Its Impact in the Southern Border. 1407 A. The Early Beginnings of the United States Border Patrol. 1407 B. The United States Border Patrol's Focus on Mexican Immigrants. 1408 C. The United States Border Patrol Today. 1410 II. The Fourth Amendment in Immigration Law...; Search Snippett: ...ESSW]. See, e.g. , Alvaro Huerta, The War on Immigrants': Racist Policies in the Trump Era Huffington Post (Aug. 7 2017), racist-policies-in-the-trump_us_5980bf68e4b0d187a596909b [ |
2019 |
|
| Stacy Hawkins |
Trump's Dangerous Judicial Legacy |
67 UCLA Law Review Discourse 20 (2019) |
Reviewing statistical data on the composition of the federal judiciary over the last forty plus years, this paper describes what appears to be President Trump's deliberate effort to reverse a decades-long trend by his presidential predecessors to diversify the federal judiciary. It then imagines both the motivations for and consequences of this...; Search Snippett: ...See, e.g. , Abed Ayoub & Khaled Beydoun, Executive Disorder: The Muslim Ban, Emergency Advocacy, and the Fires Next Time , 22 Mich... |
2019 |
|
| William J. Aceves |
Virtual Hatred: How Russia Tried to Start a Race War in the United States |
24 Michigan Journal of Race and Law 177 (Spring, 2019) |
During the 2016 U.S. presidential election, the Russian government engaged in a sophisticated strategy to influence the U.S. political system and manipulate American democracy. While most news reports have focused on the cyber-attacks aimed at Democratic Party leaders and possible contacts between Russian officials and the Trump presidential...; Search Snippett: ...c015e53d0d68. . Alvin Chang, When Russian Trolls Wanted to Divide America, They Knew What to Use: Race Vox (May 15, 2018... |
2019 |
|
| Ahad Khilji |
Warrantless Searches of Electronic Devices at U.s. Borders: Securing the Nation or Violating Digital Liberty? |
27 Catholic University Journal of Law & Technology 173 (Spring, 2019) |
Sorry, this media file doesn't exist on your internal storage. This was the message Ghassan Alasaad saw on his phone when he tried to view videos from his daughter's graduation. Unbeknownst to Mr. Alasaad, U.S. Customs and Border Protection (CBP) searched and seized his phone two weeks prior. The steady increase of U.S. citizens traveling with...; Search Snippett: ...traveler's background or religion. The current political landscape in the United States indicates that there is a racist and discriminatory view of Muslims by members of the current administration. For instance, in January... |
2019 |
|
| Khaled A. Beydoun |
Acting Muslim |
53 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter, 2018) |
The election of Donald Trump as the forty-fifth President of the United States ushered in an era of heightened state and popular suspicion of Muslim Americans. Trump's hardline rhetoric, policy proposals and executive orders-- most notably the so-called Muslim Ban--enhanced the presumption that Islam is tied to terrorism. In rapid time, the Trump... |
2018 |
Yes |
| Khaled A. Beydoun |
Bisecting American Islam? Divide, Conquer, and Counter-radicalization |
69 Hastings Law Journal 429 (February, 2018) |
The United States Department of State has long employed a sectarian foreign policy strategy to advance its interests in the Mideast. The United States has sided staunchly with Saudi Arabia, the Sunni Muslim superpower in the region, while spurning Iran, the Shia Muslim hegemon that emerged in 1979 after the Islamic Revolution. This sectarian... |
2018 |
Yes |
| Emmanuel Mauleón |
Black Twice: Policing Black Muslim Identities |
65 UCLA Law Review 1326 (June, 2018) |
In a political moment that includes various iterations of a Muslim Ban, and a resurgent mainstreaming of white nationalism, race and religion clearly remain hotly contested in American life. And yet, in much of the recent scholarship and public debate on these issues, the intersecting experiences of Black Muslims are often elided, if not entirely... |
2018 |
Yes |
| Susan Ayres |
Claudia Rankine's Citizen: Documenting and Protesting America's Halting March Toward Racial Justice and Equality |
9 Alabama Civil Rights & Civil Liberties Law Review 213 (2018) |
Introduction. 214 I. Citizen as Protest Poetry in a Documentary and Epideictic Mode. 219 A. Documentary Poetry. 222 B. Epideictic Discourse--Does Poetry Matter?. 225 II. Racism and the Racial Imaginary: Microaggressions and Major Moments. 228 A. The Racial Imaginary. 229 B. Examples of Racism in Citizen--Call Out Racism When You See It. 237...; Search Snippett: ...mentality. . Nick O'Malley, British, Dutch Censure Trump for Reckless Racist Retweets Sydney Morning Herald (Nov. 30, 2017), |
2018 |
|
| Carrie L. Rosenbaum |
Crimmigration--structural Tools of Settler Colonialism |
16 Ohio State Journal of Criminal Law 9 (Fall, 2018) |
The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed...; Search Snippett: ...rapists-what-trump-thinks-of-mexicans. Doubling Down on Racial Discrimination: The Racially Disparate Impacts of Crime-Based Removals, supra note 64, at 999 (citing Ann Coulter, ¡Adios, America!: The Left's Plan to Turn Our Country into a Third... |
2018 |
|