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Abstract The reigning antitrust paradigm has turned the notion of competition into a talisman, even as antitrust law in reality has functioned as a sorting mechanism to elevate one species of economic coordination and undermine others. Thus, the ideal state idea of competition and its companion, allocative efficiency, have been deployed to attack disfavored forms of economic coordination, both...

Abstract This Article takes immigration federalism “all-the-way-down” by focusing on two counties in Southern California—Los Angeles County and Orange County—to consider the role that subfederal governmental entities play in immigration enforcement. Part I synthesizes the existing literature on immigration federalism with particular attention to the role of sublocal, local, county and regional...

Abstract The influence of race on the administration of capital punishment had a major role in the U.S. Supreme Court’s 1972 decision in Furman v. Georgia to invalidate death penalty statutes across the United States. To avoid discriminatory and capricious application of capital punishment, the Supreme Court held that the Eighth Amendment requires legislatures to narrow the scope of capital...

Abstract Two historical episodes have indelibly influenced the development of Latinx identity and sense of belonging in the United States. During the Great Depression, state and local governments, with the support of the U.S. government, repatriated approximately one million persons of Mexican ancestry, including many U.S. citizen children and immigrant parents, to Mexico. Similarly, in 1954, the...

Abstract In Atkins v. Virginia, the U.S. Supreme Court held that the execution of a person with intellectual disability violates the Eighth Amendment’s Cruel and Unusual Punishment Clause. After more than a decade of Atkins litigation, we perceived there to be a substantial risk that race influences intellectual disability—and consequently, life and death—determinations. Due to the difficulty of...

Abstract By the 1950s, the criminal justice system had long combined with other systems, institutions, and individuals to target all the residents of East LA—particularly Mexicans—as criminals. In equating Mexicans with criminality, these networked forces and actors regarded and treated these residents as exceptions—as morally requiring and legally meriting authoritarian rather than...

Abstract Contradicting widespread belief, scholarly research has confirmed that Mexican American (Latino/a/x) communities have lower levels of homicide than expected, given their high levels of economic disadvantage, residential instability, and rapid population change. But scholars are just beginning to explore the various social dynamics underlying this relationship at the community level for...