Harvard Law School
University of the District of Columbia David A Clarke School of Law
William & Mary Law School
Penn State Dickinson Law
St. John's University School of Law
Lewis and Clark Law School
UC Davis
University of Georgia School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
How Did We Get Here?,
2026
Harvard Law School
How Did We Get Here?, Michael J. Klarman
Fordham Law Review
President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …
Fabricating The Crime Of
Undocumented Presence,
2026
University of California, Davis
Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller
Fordham Law Review
In 2025, the Trump administration’s Office of Legal Counsel (OLC) declared that it is a federal crime simply to be an undocumented immigrant. Congress has enacted no such crime. Congress has made it a crime for an immigrant to enter the United States in a manner that “eludes examination or inspection.” For nearly 100 years, this “elude” offense has been understood to occur only at the moment an immigrant enters the country. But the Trump administration’s OLC has reinterpreted this crime as a continuing offense. Under this new reading, an immigrant who entered unlawfully eludes examination until the moment of …
The Alien Enemies Act Of
1798,
2026
Fordham University School of Law
The Alien Enemies Act Of 1798, Andrew Kent
Fordham Law Review
For the first time since World War II—and for the first time ever outside a formally declared war—an American president has invoked the Alien Enemies Act of 1798 to detain and deport noncitizens. Enacted during the Quasi-War with France, the Act’s operative language remains largely unchanged today. In March 2025, President Donald J. Trump proclaimed that members of the Venezuelan gang Tren de Aragua present in the United States are “alien enemies,” asserting that their activities, allegedly coordinated with President Nicolás Maduro’s government, constitute an “invasion” or “predatory incursion” within the meaning of the statute. Litigation challenging the invocation of …
Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case,
2026
Northeastern University School of Law
Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case, Rachel E. Rosenbloom
Michigan Journal of Race and Law
With the question of birthright citizenship before the Supreme Court this term in Trump v. Barbara, this Article explores the last time that federal courts confronted an attempt to restrict birthright citizenship. It tells the story of two lawsuits, Regan v. King and Fisk v. Wade, filed in 1942 by organizations seeking to overturn United States v. Wong Kim Ark, the 1898 Supreme Court decision that affirmed the broad scope of birthright citizenship under the Fourteenth Amendment. While the cases left little mark doctrinally, their history sheds light on a dimension of birthright citizenship litigation that has …
¿Digno Retorno? De La Ciudadanía Cultural A La Ciudadanía Truncada En El Retorno A México,
2026
Texas A&M University School of Law
¿Digno Retorno? De La Ciudadanía Cultural A La Ciudadanía Truncada En El Retorno A México, Nancy Plankey-Videla, Luz E. Herrera
Faculty Scholarship
The chapter revisits citizenship by drawing on the findings of the Mexican Reintegration Project that interviewed 333 Mexicans that the U.S. deported or who returned to Mexico, and 18 civil society organizations that were part of the study. Many Mexicans in the United States experience a form of belonging, or cultural citizenship, even while being monitored by immigration and law enforcement. Upon returning to Mexico —whether forcibly or “voluntarily” - they experience a truncated citizenship that also complicates their sense of belonging to their own country of origin. They often do not have all the documentation needed to prove their …
Masthead,
2026
Seattle University School of Law
Table Of Contents,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute,
2026
Seattle University School of Law
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct,
2026
Seattle University School of Law
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions,
2026
Seattle University School of Law
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs,
2026
Brooklyn Law School
Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen
Brooklyn Law Review
Immigration and family are central to American society, with family reunification long recognized as a core principle of United States immigration policy. Family-based preference visas reflect this priority. Special Immigrant Juvenile Status (SIJS) provides a pathway to lawful permanent resident status for immigrant children who have been abused, neglected, or abandoned by one or both parents. However, individuals who obtain legal status through SIJS are permanently barred from petitioning on behalf of their natural or prior adoptive parent. This restriction applies to children’s non-abusive custodial parents and leaves children who have obtained SIJS vulnerable to having that parent deported due …
Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration,
2026
University of Missouri
Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration, Richard T. Middleton, Sheridan Wigginton
Kentucky Law Journal
No abstract provided.
From Militarization To Military Enforcement: The U.S. Armed Forces And Immigration Control In The Second Trump Administration,
2026
University of Oklahoma
From Militarization To Military Enforcement: The U.S. Armed Forces And Immigration Control In The Second Trump Administration, Kit Johnson
Kentucky Law Journal
No abstract provided.
Immigration Bridges,
2026
Cornell University
The Duty To Develop Imperative In Immigration Proceedings,
2026
Harvard University
The Duty To Develop Imperative In Immigration Proceedings, Sabrineh Ardalan, Tiffany J. Lieu
Kentucky Law Journal
No abstract provided.
Deportation After Death By Incarceration: A Right To Redemption,
2026
Pepperdine University
Deportation After Death By Incarceration: A Right To Redemption, Jennifer Lee Koh, Tin Nguyen
Kentucky Law Journal
No abstract provided.
Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland,
2026
Villanova University Charles Widger School of Law
Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong
Villanova Environmental Law Journal (1991 - )
No abstract provided.
How Migrants Fleeing The Mexican Drug War Changed American Labor Markets,
2026
University of Illinois Urbana-Champaign
How Migrants Fleeing The Mexican Drug War Changed American Labor Markets, Mark Borgschulte, Yuci Chen, Eduardo Medina-Cortina
Upjohn Institute Policy and Research Briefs
No abstract provided.
An Exploratory Analysis Of Neurocognitive Performance And Posttraumatic Stress Disorder (Ptsd) Among Latinx Asylum Seekers,
2026
University of San Francisco
An Exploratory Analysis Of Neurocognitive Performance And Posttraumatic Stress Disorder (Ptsd) Among Latinx Asylum Seekers, Elsie A. Arias
Doctoral Dissertations
Asylum seekers are exposed to violence and traumatic events in their home countries at high rates, leading to mental health challenges such as posttraumatic stress disorder (PTSD). PTSD symptoms and comorbidities such as depression and alcohol misuse are associated with impacts to multiple domains of cognitive functioning among populations such as Veterans. However, the neurocognitive performance of Latinx asylum seekers who experience PTSD symptoms are under-documented in the current literature despite its meaningful impact on clinical care engagement and navigation of the legal process. This study utilized an exploratory, quantitative, cross-sectional design to examine whether higher levels of self-reported PTSD, …
