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Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain May 2019

Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain

Loyola of Los Angeles Law Review

In November 2017, the Trump administration announced its intention to terminate Temporary Protected Status for Haitians in the United States. This Article considers the termination and the lawsuits it prompted, which are helping to define the state of the plenary power doctrine, the breadth of the Fifth Amendment’s equal protection guarantee, and the purchase of the communitarian ideal. This Article also focuses on the lawsuit that the NAACP Legal Defense and Educational Fund, Inc. (LDF) filed. Although this may appear to be a new operational context for the organization, the author describes LDF’s strong interest in ensuring that the federal …


Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller Nov 2018

Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller

Loyola of Los Angeles Law Review

During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped Byrd in the first place. A close examination of the case filings reveal suggests that Byrd was stopped on the basis of his race. The racial feature ofthe stop is obscured by the Court’s current property-basedinterpretation of the Fourth Amendment’s right to privacy.

Although …


Bank Of America V. City Of Miami: Standing And Causation Under The Fair Housing Act, Alan M. White Jan 2018

Bank Of America V. City Of Miami: Standing And Causation Under The Fair Housing Act, Alan M. White

Loyola of Los Angeles Law Review

No abstract provided.


Fairness Over Finality: Peña-Rodriguez V. Colorado And The Right To An Impartial Jury, Katherine Brosamle Jan 2018

Fairness Over Finality: Peña-Rodriguez V. Colorado And The Right To An Impartial Jury, Katherine Brosamle

Loyola of Los Angeles Law Review

No abstract provided.


Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin Jan 2018

Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin

Loyola of Los Angeles Law Review

No abstract provided.