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Although cloaked in the rhetoric of rehabilitation and restorative justice, prison industries have an ugly and disturbing history that is entwined with slavery and post-Civil War Reconstruction-era judicial policies. The continued racial disparities in the U.S. prison system require a
Ability-to-pay determinations at best reduce court debt burdens and at worse represent a neoliberal racial project that serves to redistribute resources from Black families to state governments in a regressive taxation scheme that exacerbates the racial economic divide.
Anecdotal glimpses of the new regime seem to portend the return to the plainly discriminatory, exceptionally punitive practices that characterized the worst of the late-20th century 'war on crime.' However, as previous research has demonstrated and the research findings presented
As I listened to their accounts, I began to understand that the low-income Latinx inhabitants of Boyle Heights not only possessed insightful and unconventional convictions about their property rights, but also of when their property seemed 'taken' in violation of
Litigation is an important way for noncitizens to contribute their voices to society and to seek justice. ICE’s courthouse arrests have a chilling effect on noncitizens’ appearances in courts as petitioners and witnesses.
This Article explores the ethical issues raised by legal research companies selling surveillance services to ICE and other law enforcement. Part II reviews the U.S. government’s extensive history of tracking immigrants, and U.S. immigration enforcement’s gradual incorporation of sophisticated surveillance
This Article seeks to address the fundamental unfairness and irrationality of the state’s action to terminate parental rights when a child is placed in foster care as a consequence of a noncitizen parent’s civil detention.
This issue of the New York University Review of Law & Social Change is dedicated to immigrant rights. The articles in this issue trace the limitations that the law places on the government’s power—and those that would assist them—to do
The child welfare system exists to protect children from harm. Yet, in most jurisdictions in America, courts fail to consider the trauma that children will suffer if they are removed from their parents.
The practice of reflection supports a community lawyering practice made up of self-aware, compassionate, and resilient lawyers who are committed to action—committed to working in solidarity with clients and communities in order to achieve radical transformative social change.
A worker who suffers an adverse employment action resulting from her decision to breastfeed or her request for an accommodation to express milk at work should have a cognizable claim under the PDA. Moreover, her right to pump breast milk
People with mental illnesses are particularly vulnerable to income, housing, educational, and familial instability; as a result, the MLP model has served as a valuable resource for the doctors and therapists who treat them.
Even the most inspiring of recent democratic steps to restore rights to those with criminal records have excluded those whose convictions were for sex offenses. In the meantime, legal advocates can marshal new precedent like Packingham on a variety of
[The abortion] defunding movement has switched its focus from defunding abortion specifically to defunding all services provided by an entity that also provides abortions. All of the circuit courts that heard blanket challenges to defunding measures have upheld them.
Congress, which has both the authority and the responsibility to protect Native rights, has the power to pass legislation that regulates elections. It must leverage these powers and act now to address the grievous civil rights violations preventing fair representation
For as long as the SAR program has existed, it has been criticized by lawyers, academics, and social scientists. Some critiques stem from civil liberties groups external to the government, while other critiques arise from within the law enforcement community