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Articles 1 - 15 of 15
Full-Text Articles in Law
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Seattle University Law Review
The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …
"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado
"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado
William & Mary Journal of Race, Gender, and Social Justice
The Trump Administration’s war on immigration will be marked in history as one replete with white supremacy and terror. Much attention has been focused in the realm of undocumented immigrants, detention centers, and family separations because of the pervasiveness of those issues and the gravity of the human rights violations occurring in the United States. However, little focus has been given to immigrants who are lawful permanent residents or naturalized citizens at risk of denaturalization and deprivation of their constitutional rights. This Note highlights the effects of the Trump Administration’s war on immigration on citizens and green card holders in …
The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Equal Protection And Scrutinizing Scrutiny: The Supreme Court’S Decision In Sessions V. Morales-Santana, Jonathan Burt
Equal Protection And Scrutinizing Scrutiny: The Supreme Court’S Decision In Sessions V. Morales-Santana, Jonathan Burt
Utah Law Review
This Note attempts to synthesize the cases on 8 U.S.C. § 1409(c) and provide a workable framework for intermediate scrutiny in the equal protection realm. Intermediate scrutiny, like all levels of scrutiny, is an ends-means balancing test. Under intermediate scrutiny, the ends must be “important.” The interest cannot be “hypothetical” or “invented post hoc in response to litigation.”234 Instead, it must be the actual reason behind the statutory classification and this must be clearly demonstrated by the government. On the other side, the means must “substantially relate” to the asserted interest. The means chosen cannot result from overbroad assumptions about …
Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai
Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai
William & Mary Law Review
No abstract provided.
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …
Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano
Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano
William & Mary Bill of Rights Journal
No abstract provided.
Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu
Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu
Jamin Raskin
No abstract provided.
Insecure Communities: How Increased Localization Of Immigration Enforcement Under President Obama Through The Secure Communities Program Makes Us Less Safe, And May Violate The Constitution, Rachel Zoghlin
The Modern American
No abstract provided.
Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander
Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak
American University Law Review
No abstract provided.
Sex-Based Discrimination In U.S. Immigration Law: The High Court's Lost Opportunity To Bridge The Gap Between What We Say And What We Do , Debra L. Satinoff
Sex-Based Discrimination In U.S. Immigration Law: The High Court's Lost Opportunity To Bridge The Gap Between What We Say And What We Do , Debra L. Satinoff
American University Law Review
No abstract provided.
Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu
Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu
American University Law Review
No abstract provided.
Aliens, Employment, And Equal Protection, Douglas Paul Coopersmith
Aliens, Employment, And Equal Protection, Douglas Paul Coopersmith
Villanova Law Review
No abstract provided.