Outrageous Retaliation as a Removal Defense
The speech interest of noncitizen activists is not only at the core of the First Amendment, it is essential in the face of a democratic process that otherwise excludes them.
The Review: Volume 46
Preview
Issue 1
featuring
Issue 2
featuring
Issue 3
featuring
- Better Together: Toward Ending State Removal of Substance-Exposed Newborns from Their Parents
- The Constitutional Path to Domestic Worker Organizing and Collective Bargaining Rights Under New York State Private Sector Labor
- New York Tough: 18 Months of Crisis Lawyering to Fight Covid-19 in New York’s Prisons
- New York’s Unconstitutional Treatment of Unwed Fathers of Children in Foster Care
In Depth Reading
Volume 46 Issue 1
Deliberate Disorder: How Policing Algorithms Make Thinking About Policing Harder
It is hard for us to see that algorithms should never drive decisions about how policing is done or who is subject to it because, when it comes to policing, we already see ourselves as data.
A Novel Method For Showing Racially Polarized Voting: Bayesian Improved Surname Geocoding
BISG data is a promising method when evaluating the VRA liability of jurisdictions for which it is difficult to gather the appropriate data using traditional methods.
Volume 46 Issue 2
Targeting Police Unions, Rethinking Reform
This case study of Defund MPD showed how rising abolitionist movements shifted the landscape of police reform in D.C. and forced a reckoning with the power of police unions.
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There is the Possible Application of Bostock v. Clayton County
The Bostock approach avoids the question of whether caste discrimination based on untouchability is a form of national origin or racial discrimination and instead recognizes that the “but-for” causation standard applies under both Section 1981 and Title VII.
The Live-In Wage
The subminimum wage, and its source in deductions, unacceptably targets an already marginalized group of workers and undermines their dignity.
Volume 46 Issue 3
New York Tough: 18 Months of Crisis Lawyering to Fight Covid-19 in New York’s Prisons
Our 18 months of COVID-19 state prison litigation and advocacy have sharpened our strategies, deepened our commitment, and heightened our resolve to grow with the movement, always honoring our role.
New York’s Unconstitutional Treatment of Unwed Fathers of Children in Foster Care
The current practice of requiring monetary payments from unwed fathers, but not from mothers or wed fathers of children in foster care is, in the words of Justice Ginsburg, “stunningly anachronistic.”
Better Together: Toward Ending State Removal of Substance-Exposed Newborns from Their Parents
Ultimately, lawyers and legislators should reject separation as an acceptable response to pregnant people who use substances and should instead pour efforts into services that will keep families together and help them not simply survive but thrive.
The Constitutional Path to Domestic Worker Organizing and Collective Bargaining Rights Under New York State Private Sector Labor
Following Hernandez, a constitutional challenge to the domestic worker exemption would likely succeed in establishing collective bargaining rights for the hundreds of thousands of New York workers employed in private homes.
Volume 46 Issue 4
Families Divided: The Denial of Family Integrity Rights in the Immigration Context
Despite substantial case law developing a right to family integrity, the jurisprudence has fallen short of protecting children from the deportation of their parents.
Education Equity After the Pandemic: The Case for a Private Right of Action Under Title VI
In sum, given the significant practical and political changes that have developed in the decades following Sandoval, this Article contends that overturning Sandoval as a matter of stare decisis serves as the most feasible alternative to advance educational equity in
Exposing the Backroom Shakedown: The Weaponization of Adult Prosecution in Juvenile Court Plea Negotiations
Defenders can try to take down Bordenkircher in juvenile court by relying on adolescent brain development science, which shows how adolescents are at a disadvantage in the plea bargaining process: they struggle with risk-reward calculus, emotionally “hot” contexts, and the