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Welcome To The Trump Administration’S Board Of Immigration Appeals. The Immigrant Always Loses., Jason A. Cade

Scholarly Works

The first 100 opinions in Volume 29 of the Board of Immigration Appeals’ precedential decisions—issued at more than three times the historical pace—constitute a project. The Trump Administration has used the Attorney General’s self-referral power and a reconstituted, ideologically aligned Board to engineer a body of precedents that reliably produces one result: removal. This Essay organizes these decisions, cataloged in a full Appendix, into five main categories: (1) narrowing relief for noncitizens alleging persecution; (2) expanding mandatory detention while narrowing discretionary release; (3) maximizing the immigration consequences of criminal history and related grounds while foreclosing the relief mechanisms Congress created …

Survival Politics On A Working Waterfront: Rules Change Faster Than Prices In The South Texas Shrimp Fishery, Owen Temby, Anthony R. Lima

School of Earth, Environmental, & Marine Sciences Faculty Publications

In 2024–2025, the U.S. and Texas governments raced to save Gulf shrimp. Texas passed a truth-in labeling law for food service in restaurants. Federal agencies added antidumping and countervailing duty orders and new tariffs. This case follows Brownsville and Port Isabel, where dock prices slid while boats and crews aged. We frame the response as survival politics: urgent and improvised moves to keep a livelihood going even when imports set the price. Using legislative hearings, agency notices, local reporting, and port records, we show that rules reset faster than prices. Inventories, contracts, and supplier substitution delay any lift at the …

Is A Gender-Neutral Income Tax Feasible—Or Desirable?, James Alm, Yvette Lind

Loyola of Los Angeles Law Review

It is increasingly recognized that the individual income tax leads to disparate treatment by race, ethnicity, and gender, even when the statutory tax code is written in a race-, ethnicity-, and gender-blind way. Partly in response to these disparate treatments, there have been many suggestions for moving the income tax to more neutral treatments of taxpayers. In this paper, we focus on a specific aspect of these reform efforts: making the individual income tax gender-neutral. We first examine the many sources of gender non-neutrality in the income tax. We argue that gender non-neutrality arises largely because of deviations of “income” …

Curing Youngblood's Ills With A Transfusion From State Due Process, John J. Francis

DePaul Law Review

No abstract provided.

The Relevance Of Fr. John A. Kaiser For Human Rights And Peace Advocacy Today, Otieno Ombok

The Journal of Social Encounters

This essay explores the relationship of the work of Fr. John Anthony Kaiser to Kenya’s 2010 Constitution. His life, work, and death embody the very principles and struggles that the new constitution was designed to address. The author also discusses how to continue the work for peace and justice in the spirit of Fr. Kaiser.

Testing Dobbs’S Democracy Premise: Can State Constitutions Be Amended To Reflect Popular Opinion On Abortion?, Isabel Sperber

Duke Law Journal

When the Supreme Court eliminated a federal constitutional right to abortion in Dobbs v. Jackson, it relied in significant part on the notion that abortion is an issue best left to the political process. Abortion has since become a main character in the national political conversation, with state legislatures around the United States embracing a wave of abortion-related legislation. The shifting landscape of abortion rights is not limited to the legislative process; voters are increasingly relying on state constitutional amendments to replace the protections previously provided by the federal Constitution. Political actors point to these amendments, typically enacted through a …

Table Of Contents & Masthead, Mitchell Brost

Pepperdine Law Review

No abstract provided.

Corporate Governance As Bloodsport, Jeremy Kidd, George A. Mocsary

Pepperdine Law Review

The modern Environmental, Social, and Governance (ESG) movement promotes diversion of corporate assets from shareholders to “stakeholders.” This is done in the name of a corporate duty to society. But “successful” ESG efforts threaten the success of the corporate form by inviting rent-seeking. This conflict between ESG principles and established theories and norms of corporate law is difficult to resolve because corporate law lacks the tools needed to understand the type of collective decision-making that occurs in the corporate setting. This Article is the first to apply public choice economics—the economic study of collective decision-making—to corporate decision-making to identify the …

The False Promise Of Progressive Originalism, Michael Smith

New Mexico Law Review

As the conservative-dominated Supreme Court continues to accrue its power, commentators on both the political right and left suggest that those pursuing progressive policy goals would do well to turn to originalist methodology. Many of the Justices on the Court purport to be originalists, and progressive originalist arguments are more likely to appeal to this otherwise tough crowd. Haven’t progressives heard that we’re all originalists now? I argue that originalism’s appeal to progressives is largely illusory. Originalism is unlikely to make a difference before a Court controlled by a supermajority of conservative Justices who exercise discretion over the interpretive methodology …

Underruling Voting Rights, Michael Pitts

New Mexico Law Review

An “underrule” occurs when the Supreme Court renders a decision diametrically opposed to a prior case without explicitly overruling the prior case. With the decision in Alexander v. South Carolina State Conference NAACP in 2024, the Court has now issued two underrules during the development of its racial gerrymandering jurisprudence. These underrules, particularly in a politically sensitive area such as racial gerrymandering, undermine confidence in the judiciary. But underrules are nothing new to doctrinal development in the realm of race and redistricting. The Court also issued two underrules as it developed vote dilution jurisprudence during the mid-1970s to the early …

Bad Men In The Bordertown: Confronting Police Violence Against Native Americans With The Bad Men Treaty Clauses, Taylor Graham

New Mexico Law Review

In nine treaties signed by Tribal Nations and the United States between 1867 and 1868, the United States promised redress to Native Americans for wrongs committed against them by “bad men among the whites.” Today, Native Americans are more likely to be killed by police than any other group, with much of this violence concentrated near the borders of Tribal Nations. Although claims brought under the “bad men” treaty clauses offer an avenue for combatting this epidemic of violence, courts have begun interpreting the clauses to apply only when “wrongs” occur within Tribal boundaries. This article argues that the territoriality …

Weakening The Reasonable Efforts Requirement In New Mexico Termination Of Parental Rights Cases, Monika Myers

New Mexico Law Review

Parents’ right to control the upbringing of their own children is long-established in the United States. However, in the case of child abuse, neglect, or abandonment, a state can terminate parental rights, permanently severing the legal relationship between a parent and a child. In New Mexico, to terminate parental rights for abuse or neglect the State must prove three elements by clear and convincing evidence: (1) the child is abused or neglected; (2) the conditions that brought the child into care are unlikely to change in the foreseeable future and (3) this is the case despite reasonable efforts by the …

Predicting The Future Past: Human Cognitive Limits And Proximate Cause Determinations In Civil Actions, Dr. Molly Wilson, Helen Webster

New Mexico Law Review

Juror decision-making is inherently influenced by psychological biases, which pose a significant challenge to the fairness and accuracy of proximate cause determinations in tort cases. This Article explores the cognitive and social biases—such as hindsight bias, primacy, anchoring, belief in a just world, and moral outrage—that affect jurors as they engage in the complex reasoning required to assess foreseeability and causation. Given that jurors must disregard their knowledge of actual harm and set aside emotional responses to tragic injuries, the risk of bias is substantial. Traditional jury instructions have proven insufficient in mitigating these effects. As a solution, this Article …

The Kennedy Familys' Influence On The Passage Of The Immigration And Nationality Act Of 1965, Jillian Wallshield

The Cardinal Edge

This paper covers the influence of the Kennedy Family on immigration policy in the United States. United States immigration legislation changed dramatically in the 1960s with the passage of the Immigration and Nationality Act of 1965 (sometimes called the Hart-Cellar Act). This shift was caused primarily by the political work of prominent figures like John F. Kennedy, and, later, Edward Kennedy. Edward Kennedy in particular is examined through his influence on Lyndon B. Johnson, the President under which the Immigration and Nationality Act was passed. This position is supported through the examination of relevant public speeches, private telephone calls, and …

Measured Results In Georgia's Kenny A. Foster Care Class Action: A Framework For Assessing The Strategic Effectiveness Of Institutional Reform Litigation, Melissa D. Carter, Christopher G. Hempfling

Child and Family Law Journal

No abstract provided.

Gender Ideology Curriculum In Florida Schools: Parental Rights And Educator Strain, Kimberly Mack

Child and Family Law Journal

No abstract provided.

Innovating For Access: Ai-Enhanced Triage & Intake For Legal Services Organizations, Heidi Behnke

Duke Center on Law & Technology

Artificial intelligence (AI) offers opportunities to meaningfully narrow the access to justice gap by improving the ability of Legal Services Organizations (LSOs) to connect individuals with pro se resources and more effectively connect with individuals who could not otherwise advocate for themselves. Some LSO early adopters have already developed or are in the process of developing such tools. Others are unsure where or how to start.

The results of semi-structured interviews of LSO staff, technology vendors, and leaders/experts in fall 2025 provide information that may assist LSOs in responsibly integrating AI-tools into their triage and intake systems. This paper includes …

Online Recruitment For Interview Participants Impacted By The Criminal Legal System, Sarah Lageson, Carolina R. Caliman, Elsa Chen, Ericka Adams

Qualitative Criminology (QC)

"As technology has altered communication, qualitative criminologists have turned to digital spaces for a cost-effective approach to recruit participants who have been impacted by the criminal legal system. This paper analyzes the limits and benefits of online recruitment, detailing our experience recruiting 93 interviewees online for a qualitative study of criminal record expungement. We compare three approaches: social media advertisements, Amazon’s crowdsourced MTurk platform, and the opt-in survey platform Prolific, and analyze the financial and labor costs associated with each. We detail our experience individually screening 685 interested participants to obtain 86 qualitative interviews suitable for analysis. Our experience shows …

Fragmented Responses: Variability In Law Enforcement And Prosecutorial Approaches To Sexual Assault Cases, Veronica Gonzalez

Qualitative Criminology (QC)

"Sexual assault (SA) remains a pervasive issue in the United States, marked by low reporting rates, inconsistent investigations, and limited convictions. In response, researchers and practitioners have promoted a range of best practices aimed at improving law enforcement and prosecutorial responses. This qualitative study draws on interviews with 13 law enforcement agencies and 12 prosecutors' offices to explore how recommended practices—such as victim advocacy, specialized units, interagency collaboration, and case reviews—are interpreted and operationalized in the field. Findings reveal substantial variability, shaped not only by resource availability but also by leadership priorities, organizational culture, and the ambiguity of guidance documents. …

To Protect And To Serve? A Phenomenological Exploration Of Interactions Between Black Transgender Women And Law Enforcement In The Midwest, Anthony Banks, Kelli E. Canada, Erin L. Robinson, Mansoo Yu, Lynn Mie Itagaki

Qualitative Criminology (QC)

"Current research indicates transgender women of color are experiencing what is being referred to as an “epidemic of violence.” Law enforcement personnel are in a unique position to mitigate this violence among transgender women of color, however past research shows that law enforcement may in some instances perpetuate already existing violence with this population instead of preventing and intervening in these situations. This study aimed to add to the limited research by using an intersectional theoretical framework to better understand these interactions. Research questions were answered using a phenomenological research design. Data from 36 semi-structured interviews with Black transgender women …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

Does Textualism Constrain Supreme Court Justices?, James J. Brudney, Lawrence Baum

Northwestern University Law Review

A principal justification for textualism is the constraint hypothesis. Conservative Justices and leading textualist scholars contend that—in stark contrast to reliance on legislative history—focus on the ordinary meaning of enacted text leaves little room for the Justices to be policy-oriented or ideological in their interpretations. This Article represents the first systematic study probing the validity of the constraint hypothesis, one that employs both quantitative and qualitative analysis.

The Article examines the Justices’ reliance on interpretive resources in over 660 statutory decisions in the field of labor and employment, decided by the Burger Court, the Rehnquist Court, and the Roberts Court—during …

The Multi-Hatted Court: Community Courts As Boundary Organizations, Peter Dixon, Hadar Dancig-Rosenberg

Northwestern University Law Review

As a variety of the problem-solving court model, community courts have received significant scrutiny and debate. Do they help individuals by addressing the underlying needs that contribute to criminal behavior? Do they extend an unjust criminal legal system by making help conditional upon judicial involvement? This Article moves beyond such debates to ask how community court professionals and the communities who engage with them manage these and other tensions that are inherent to the model itself. As the second in a series of articles drawing on semi-structured interviews and focus groups with diverse stakeholders at the Red Hook Community Justice …

The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev

Northwestern University Law Review

Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …

Turning Point: Usa, 2020 Election Denialism And Its Consequences, Zack George

University Honors Theses

Current President of the United States, Donald Trump interrupted the peaceful transfer for power for the first time in 250 years. In the typical study of the events surrounding this interruption, much focus is made on the events of the January 6th Capitol Riot. Firstly, this thesis examines the 2 months in the leadup to the 2020 election and how the Trump administration acquired and attempted to execute their plans to commit a self-coup, keeping the administration in power in the face of the election victory and transition to the Presidency of election-winner, Joe Biden. Secondarily, it will contextualize and …

Litigating With No Receipts: How The Denial Of Access To Trial Transcripts Denies People The Opportunity To Access Justice, Madisen Zent

University of Cincinnati Law Review

No abstract provided.

"Tuah Much To Handle": Why The Current Oversight On Cryptocurrency Is Insufficient, Adam Gross

University of Cincinnati Law Review

No abstract provided.

Virtual Hearings, Tangible Consequences: Rethinking Remote Hearing Rules Adopted Amidst Pandemic Chaos, Elissa Jacob

University of Cincinnati Law Review

No abstract provided.

To Vacate Or Not To Vacate: Partial Remedies And Mootness In Federal Habeas Of State Convictions, Jeffrey Greenbaum

University of Cincinnati Law Review

This Article addresses two related issues in the federal habeas of state convictions. First, it analyzes a circuit split that recently emerged over whether a state’s appeal would be moot after a federal district court grants habeas and a state vacates its own judgment. One view is that the state vacatur would render the appeal moot because the prisoner is no longer in custody. A second view is that the appeal would not necessarily be moot because a partial remedy could be available. Second, this Article identifies some courts conflating the language of a state’s vacatur in habeas and evaluates …