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State and Local Government Law Commons™
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- Immigration; Immigration Enforcement; Procedural Justice; Critical Race Theory; Gangs; Gang Database; Gang Enforcement; Boston; Operation Ceasefire; Boston Miracle; Presumptions; Immigration Proceedings; Urban Policing; School to Deportation Pipeline; Asylum; First Circuit Court of Appeal; Ortiz v. Garland; Field Interrogation Observation; Social Services; Segregated Neighborhoods; ICE; Immigration and Customs Enforcement; Violent Gang Tast Force; Burden of Proof (1)
- Native American Law; Federal Indian Law; Tribal Sovereignty; Tribal Authority; Tribal Law; Tribal Land; Indian Country; State Authority; State Jurisdiction; Congressional Authority; Oklahoma v. Castro-Huerta; Worcester v. Georgia; Williams v. Lee; Oliphant v. Suquamish Indian Tribe; United States v. Cooley; Supreme Court Jurisprudence (1)
- SORNA; Sex Offender Registration and Notification Act; First Amendment; Compelled Speech; Sex Offense; Sex Offender; Reintegration; Public Shaming; Branding; Restorative Justice; Privacy Rights; Sex Crime Hysteria; Registered Offender; State v. Hill (1)
Articles 1 - 3 of 3
Full-Text Articles in State and Local Government Law
Tribal Sovereignty Preempted, Michael Doran
Tribal Sovereignty Preempted, Michael Doran
Brooklyn Law Review
In June of 2022, the US Supreme Court held in Oklahoma v. Castro-Huerta that a state may prosecute a non-Indian for a crime committed against an Indian within Indian country. That decision effectively overruled Worcester v. Georgia, an 1832 landmark case in which Chief Justice Marshall said that state law “can have no force” in Indian country. Although the conventional wisdom about Castro-Huerta sees the case as a radical departure from first principles of federal Indian law, this article argues that Castro-Huerta is the natural—although deeply deplorable—next step in a long line of Supreme Court cases expanding state governmental authority …
Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders, Marina D. Barron
Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders, Marina D. Barron
Brooklyn Law Review
The Sex Offender Registration and Notification Act has been criticized since its inception as excessively punitive, a poor means of preventing sex crimes, and an invasion of basic privacy rights. There are currently eight states that require registered sex offenders to carry branded identification cards (IDs) that mark their registrant status. These markings range anywhere from a letter or symbol on the face of the card, to the words “SEXUAL OFFENDER” or “SEXUAL PREDATOR” in bright red or orange letters. Registrants are forced to share this private and harmful information to the unknowing and presumably uninterested public, including pharmacists, hotel …
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Brooklyn Law Review
This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …