AuthorTitleCitationSummaryYearKey terms In Title or Summary
Carrie L. Rosenbaum The Natural Persistence of Racial Disparities in Crime-based Removals 13 University of Saint Thomas Law Journal 532 (Fall, 2017) This Article suggests that the replacement of Secure Communities with the Priority Enforcement Program (PEP) did not, and would not have ameliorated the problem of disparate criminal immigration deportation of Latina/o noncitizens. It explores the implications of de-coupling criminal and immigration enforcement and gives theoretical consideration...; Search Snippett: ...15, 2016, 3:00 AM), racism-make- america-great-again-521083; Jamelle Bouie, What We Have Unleashed, This... 2017  
Roy Dripps The Persistence of Memory: the Continuing Influence of Antebellum Missouri Laws Regarding African Americans 20 Scholar: St. Mary's Law Review on Race and Social Justice 57 (2017) I. Background. 60 II. Missouri Slave Laws: Overview. 65 III. The Roots of Missouri Slave Laws: The Louisiana Territory. 66 IV. Missouri State Laws Regarding Slaves. 70 V. Conclusion. 83; Search Snippett: ...perma.cc/6KNL-N3FR] (last visited Oct. 29, 2017) (reflecting on racism in America in light of his revelations about Islam). Forty years later, James Hart, a Republican, ran for the... 2017  
Raphael Cohen-Almagor The Role of Internet Intermediaries in Tackling Terrorism Online 86 Fordham Law Review 425 (November, 2017) John took a stool to the street, stood on it, and started shouting in a loud voice: I want to kill a soldier. Would you join me? I will kill a soldier. Come on with me. Soldiers deserve death. John's target was not named. The target was generic: a soldier, any soldier. John's intention was nevertheless dangerous. The speech conveyed a violent...; Search Snippett: ...in Paris [FN134] and attempting to capitalize on the current racial unrest in the United States by calling on African Americans to embrace Islam and kill racist politicians. [FN135] The fifteenth issue of Inspire , published in 2016... 2017  
Cynthia Gonzalez We've Been Here Before: Countering Violent Extremism Through Community Policing 74 National Lawyers Guild Review Rev. 1 (Spring, 2017) In the past, our courts have decided that African-Americans have no rights the white man is bound to respect, separate but equal is appropriate under the federal Constitution, it is criminal to speak against our military's involvement in a war, and interning Japanese-Americans is a legitimate national security measure. While these historical...; Search Snippett: ...skinned people suspected of being Muslim today. Under government-sanctioned racial oppression and segregation in the United States, [FN102] Muslim-Americans have abandoned discussions about religion and politics and have... 2017  
Khaled A. Beydoun, Associate Professor of Law at the University of Detroit Mercy School of Law; Affiliated Faculty, University of California, Berkeley Islamophobia Research and Documentation Project America, Islam, and Constitutionalism: Muslim American Poverty and the Mounting Police State 31 Journal of Law and Religion 279 (November, 2016) The Cambridge Companion to American Islam. Edited by Julianne Hammer and Omar Safi. New York: Cambridge University Press, 2013. Pp. 386. $34.99 (paper). ISBN: 9780521175524. On the Muslim Question. By Anne Norton. Princeton: Princeton University Press, 2013. Pp. 288. $28.99 (cloth). ISBN: 978-0691157047. What Is an American Muslim? Embracing Faith... 2016 Yes
Khaled A. Beydoun Between Indigence, Islamophobia, and Erasure: Poor and Muslim in "War on Terror" America 104 California Law Review 1463 (December, 2016) Nearly half of the Muslim American population is interlocked between indigence and Islamophobia, or anti-Muslim animus. Of the estimated eight million Muslim Americans, 45 percent of this population earns a household income less than $30,000 per year. While this statistic clashes with pervasive stereotyping of Muslim Americans as middle class,... 2016 Yes
Khaled A. Beydoun Beyond the Paris Attacks: Unveiling the War Within French Counterterror Policy 65 American University Law Review 1273 (August, 2016) The Paris Attacks of November 13, 2015, left an indelible mark on France's culture war with Islam and are poised to permanently reform the identity of French counterterrorism policy. Since the beginning of the Jacques Chirac Administration in 1995, the State has maintained a hardline cultural assimilation campaign as the foundation of its... 2016  
Theodore Goloff Employment Law 50 The Year in Review (ABA) 359 (2016) In 2015, at least two decisions rendered by the Supreme Court of Canada impact transnational labour relations and employment law. These decisions impacted the law both in terms of the legal principles established and the effect that foreign law and jurisprudence, international conventions, and perceived Canadian treaty obligations might have in...; Search Snippett: ...that there was post 9/11 anti-Arab or anti- Muslim sentiment or bias involving racial profiling, was insufficiently specific to the United States regulations involved to taint the Alien Flight Students Program (AFSP... 2016  
Harvey Gee Habeas Corpus, Civil Liberties, and Indefinite Detention During Wartime: from ex Parte Endo and the Japanese American Internment to the War on Terrorism and Beyond 47 University of the Pacific Law Review 791 (2016) I. Introduction. 792 II. The Internment of Japanese Americans and Endo: It was About Race Despite the Government and Supreme Court Insistence that It Was About Military Necessity . 796 A. The Three Internment Cases Leading Up to Endo. 799 B. Endo's Petition for Writ of Habeas Corpus and Justice Douglas' Avoidance of the Constitutional Issues. 801...; Search Snippett: ...of actually undermining security. ); Eric L. Muller, Inference or Impact? Racial Profiling and the Internment's True Legacy , 1 Ohio State J... 2016  
Mariela Olivares Intersectionality at the Intersection of Profiteering & Immigration Detention 94 Nebraska Law Review 963 (2016) I. Introduction. 963 II. The Road to and Realities of Immigrant Detention. 966 A. The Origins of Immigrant Detention. 967 B. A Snapshot of Detention. 973 III. The Commodification of Immigrants. 976 A. The Prison Business. 977 B. The Prison Industry Discovers the Price of Immigrants. 985 IV. At the Crossroads--Intersectionality at the...; Search Snippett: ...As a result, what would otherwise qualify as religiously driven racial discrimination became legitimate safeguards to protect the homeland--a homeland that Muslims find increasingly antagonistic to their presence, despite their status as United States citizens. See Alexander supra note 34, at 105-33... 2016  
Khaled A. Beydoun Islam Incarcerated: Religious Accommodation of Muslim Prisoners Before Holt v. Hobbs 84 University of Cincinnati Law Review 99 (Summer 2016) I. Introduction. 100 II. (Re)Building a Nation: The Nation of Islam. 107 A. Origins and History. 109 B. Core Beliefs. 114 C. How Other Muslims Perceived the Nation of Islam During its Rise. 118 III. The Nation of Islam's Rise Behind Bars. 121 IV. Judicial Doctrine Governing Prisoners' Rights. 126 A. The Hands Off Doctrine. 127 B. The Clear and... 2016 Yes
Anita Bernstein Just Jobs 45 University of Baltimore Law Review 209 (Spring 2016) Activists who pursue gender justice in the United States have always focused on work, both the paid and unpaid kind. In her magisterial Sex Equality, Catharine MacKinnon chose Work as her first section, or illustrative locus, in the chapter titled Sex and Sexism. At the workplace, MacKinnon wrote, begins the most-traveled terrain of sex...; Search Snippett: ...South Africa drew outrage and unrelenting international activism until a racist regime threw in the towel, while the strain of Islam that limits the movements of women in Saudi Arabia makes... 2016  
Sudha Setty Obama's National Security Exceptionalism 91 Chicago-Kent Law Review 91 (2016) One of the premises of this symposium is that the Obama administration, in undertaking various executive actions that protect some of the vulnerable immigrant populations in the United States, is acting in a more rights-protective manner than Congress has explicitly authorized. This Essay juxtaposes this perceived dynamic with policies in the...; Search Snippett: ...falling on Arab noncitizens); Gil Gott, The Devil We Know: Racial Subordination and National Security Law, 50 Vill. L. Rev. 1073... 2016  
Shirin Sinnar Rule of Law Tropes in National Security 129 Harvard Law Review 1566 (April, 2016) In seeking to insulate national security conduct from external review, executive officials often publicize self-imposed rules that appear to subject their authority to familiar, well-established legal standards from constitutional or international law. But executive officials sometimes invoke such standards in public while deviating from prevalent...; Search Snippett: ...laptop-search-policy-border [Racial Profiling in America Before the Subcomm. on the Constitution, Civil Rights, and Human... 2016  
William B. Turner The National Masturbators' Task Force; Or, the Importance of Lgbt Political Organizing for Evaluating Lgbt Equal Protection Claims in Competition with Free Exercise of Religion Claims 25 Tulane Journal of Law & Sexuality 43 (2016) I. Introduction. 44 II. The Context. 55 A. Equal Protection. 62 B. Equal Protection/Due Process. 76 III. Equal Protection. 84 A. Carolene Products. 86 B. The LGBT Minority: Diffuse and Indiscrete. 89 C. Cleburne v. Cleburne Living Center, Inc.. 92 D. Are LGBT Persons Necessarily Deficient Citizens?. 94 E. Nonmarital Children. 97 F. The Due...; Search Snippett: ...LGBT persons. It is perhaps easy to forget that the United States has a long and sorry history of discrimination against religious minorities, including Muslims, Mormons, and Catholics as well as Jews, and that many Christians considered racial segregation a moral imperative growing out of their religious beliefs... 2016  
Doug Coulson British Imperialism, the Indian Independence Movement, and the Racial Eligibility Provisions of the Naturalization Act: United States V. Thind Revisited 7 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2015) This article reexamines the United States Supreme Court's opinion in United States v. Thind, which held that high caste Hindus were not white persons and were therefore racially ineligible for naturalized citizenship, through a rhetorical history of the briefs, judicial opinions, National Archives and Records Administration documents, and British...; Search Snippett: ...for naturalization. See Douglas M. Coulson, Persecutory Agency in the Racial Prerequisite Cases: Islam, Christianity, and Martyrdom in United States v. Cartozian, 2 U. Miami Race & Soc. Just. L. Rev... 2015  
Sahar F. Aziz Coercing Assimilation: the Case of Muslim Women of Color 24 Transnational Law & Contemporary Problems 341 (Fall 2015) Thank you to Transnational Law & Contemporary Problems and the Journal of Gender, Race & Justice for inviting me, and a special thanks to Professor Wing for hosting us today. You all are very fortunate to have Professor Wing as an advisor and mentor here at the University of Iowa College of Law. Today, I have been asked to address the domestic...; Search Snippett: ...Americans and foreigners); Kathryn M. Neckerman & Joleen Kirschenman, Hiring Strategies, Racial Bias, and Inner-City Workers, 38 Soc. Probs. 433, 440... 2015 Yes
Taunya Lovell Banks Colorism among South Asians: Title Vii and Skin Tone Discrimination 14 Washington University Global Studies Law Review 665 (2015) In 2013 Nina Davuluri, an Asian Indian from Syracuse, NY, became the first South Asian-American Miss America. Her selection prompted racist messages on Twitter mixing up Indian, Indian-American, Arab, Muslim, and everything in between. The racist tweets are not simply a commentary on racial progress in post-civil rights America but, more... 2015  
Reginald C. Wisenbaker, Jr. Muslim Community Reparations 2 Savannah Law Review 391 (2015) Muslim Americans are often targets of ill-founded discrimination, hate, and suspicion. Through popular cultural portrayals, salacious media reporting, and targeted governmental policies, Muslim Americans suffer from discrimination because mainstream Islam has become improperly conflated with terrorism in the United States. Compounding the harm,... 2015 Yes
Harvey Gee National Insecurity: the National Defense Authorization Act, the Indefinite Detention of American Citizens, and a Call for Heightened Judicial Scrutiny 49 John Marshall Law Review 69 (Fall, 2015) I. Introduction. 69 II. The Japanese American Internment. 73 III. The NDAA and the War Against Terrorism. 79 A. 2001 Authorization of Use of Military Force. 79 B. National Defense Authorization Act of 2012. 80 C. Hamdi v. Rumsfeld and Establishing the Legal Authority for the NDAA. 83 IV. Hedges v. Obama. 85 V. Learning from History and Avoiding...; Search Snippett: ...inclusive, and impractical because as Professor Frank Wu explains, the racial profiling of Arab Americans and Muslim Americans relies on an incorrect belief that a large number or all the terrorists are Arab or Muslim . Most Arab Americans are not Muslim; most Muslims in the United States are South Asian or African Americans; and the post-September... 2015  
Natsu Taylor Saito Race and Decolonization: Whiteness as Property in the American Settler Colonial Project 31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for...; Search Snippett: ...Rev . 1219, 1245-71 (1995) ; on the construction of American Muslims as non-White, see Amara S. Chaudhry-Kravitz, Is Brown the New Black? American Muslims, Inherent Propensity for Violence, and America's Racial History , 20 Wash. & Lee J. Civil. Rts. & Soc. Just . 3... 2015  
Dawinder S. Sidhu Racial Mirroring 17 University of Pennsylvania Journal of Constitutional Law 1335 (May, 2015) Racial mirroring refers to efforts by one group to match the primary racial composition of another group. In contrast to racial balancing, which takes place when two groups are adjusted simultaneously to achieve a desired degree of racial equilibrium between them, racial mirroring occurs when the racial makeup of one group is adjusted so as to...; Search Snippett: ...or illegal. (internal quotation marks omitted)); Kevin R. Johnson, How Racial Profiling in America Became the Law of the Land: United States v. Brignoni-Ponce and Whren v. United States and the Need for Truly Rebellious Lawyering , 98 Geo. L.J... 2015  
Robert M. Franklin, James T. and Berta R. Laney Professor in Moral Leadership, Candler School of Theology Rehabilitating Democracy: Restoring Civil Rights and Leading the next Human Rights Revolution 30 Journal of Law and Religion 414 (October, 2015) This article describes the culture of activist black Christian congregations that propelled campaigns to dismantle legalized racial segregation and advocate for equal justice. Historically, as the imperfections of American democracy were exposed, the most marginal people in the society acted persistently and repeatedly to extend the benefits of...; Search Snippett: ...and leading truth and reconciliation processes to heal both old racial divides and new xenophobia directed at immigrants and religious minorities, such as Muslims in America. Such expansion will require action by moral leaders. Yet this... 2015  
  Roundtable Discussion: Opposition to Islamic and Jewish Religious Practices in Contemporary America: Overlap and Divergences, the Anti-shari'a Movement in America Shari'a and Halakha in America Conference April 15-16, 2013 90 Chicago-Kent Law Review 13 (2015) Dean Tantillo: We welcome you to the Institute for the Humanities at the University of Illinois at Chicago. My name is Astrida Orle Tantillo. I am Dean of the College of Liberal Arts and Sciences, and it is really my pleasure to be here to open this final day of the Sharia and Halakha in America Conference. I would like to first thank the sponsors... 2015 Yes
Erin Sisson The Future of Sharia Law in American Arbitration 48 Vanderbilt Journal of Transnational Law 891 (May, 2015) A rising tide of Islamophobia in the United States has led, in recent years, to state-level efforts to prohibit the application of Sharia law in American courts. While these bans have been largely unsuccessful as legislation--the U.S. Tenth Circuit Court of Appeals has even declared one such ban unconstitutional--the growing uneasiness among... 2015  
William C. Bradford Trahison Des Professeurs: the Critical Law of Armed Conflict Academy as an Islamist Fifth Column 3 National Security Law Journal 278 (Spring/Summer, 2015) Islamist extremists allege law of war violations against the United States to undermine American legitimacy, convince Americans that the United States is an evil regime fighting an illegal and immoral war against Islam, and destroy the political will of the American people. Yet these extremists' own capacity to substantiate their claims is inferior...; Search Snippett: ...whom it serves. [FN668] In essence, after 9/11, the United States, facing no threat, chose to perpetuate an evil national history... 2015 Yes
Khaled A. Beydoun Why Ferguson Is Our Issue: a Letter to Muslim America 31 Harvard Journal on Racial & Ethnic Justice Just. 1 (Spring 2015) Dear Muslim America: Ferguson is your issue. Ferguson is our issue. For a range of reasons that go well beyond passive commitment to civil rights or symbolic solidarity, Muslim-Americans are bound to Ferguson --and the piercing demand calling for an end to state-sponsored, structural violence against Black America that reverberates from its... 2015 Yes
Khaled A. Beydoun Antebellum Islam 58 Howard Law Journal 141 (Fall 2014) Muslim-American identity today is deeply conflated with Arab-American identity. This conflation perpetuates stereotypes within legal scholarship, government agencies, and civil rights interventions seeking to combat the marginalization of Muslim Americans - victims of post-9/11 profiling and new, local policing surveillance programs (e.g., NYPD... 2014 Yes
Sahar F. Aziz Coercive Assimilationism: the Perils of Muslim Women's Identity Performance in the Workplace 20 Michigan Journal of Race and Law L. 1 (Fall, 2014) Should employees have the legal right to be themselves at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee's gender, race, or religion? And what if the basis for the employer's workplace rules and... 2014 Yes
Pooja Gehi, Soniya Munshi Connecting State Violence and Anti-violence: an Examination of the Impact of Vawa and Hate Crimes Legislation on Asian American Communities 21 Asian American Law Journal 5 (2014) In the United States, the dominant approach to responding to various forms of interpersonal violence, such as intimate violence or bias attacks, supports and expands the state apparatus of incarceration. For communities of color and LGBTQ (lesbian, gay, bisexual, trans, and queer) communities who are already at risk for institutional violence,...; Search Snippett: ...of law enforcement efforts. See, e.g. , Inderpal Grewal, Transnational America: Race, Gender and Citizenship after 9/11 Social Identities: Journal... 2014  
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