CategoryPrint

Abstract U.S. Highway 99 is often coined the Golden State Highway and the Main Street of California. The road originally extended from the U.S.–Mexico border all the way to the Oregon border while passing through the Central Valley. When you travel along this route, you pass a little over half of all California prisons. By using U.S. Highway 99 as an entry point, this Article is a topographical...

Abstract This Article builds upon literature on immigration surveillance, border control, and policing to explore the role of interoperable information systems and data sharing practices in the social control of immigrants from Mexico, Central America, and the Caribbean. Based upon an analysis of Department of Homeland Security (DHS) documents and statistical data, this Article examines two DHS...

Abstract The National Registry of Exonerations (the Registry) reports all known exonerations in the United States since 1989. Of the more than 2,400 exonerated defendants currently in the database, 281 are classified as Latinx. In many ways, their cases resemble those of other exonerees. The same factors that produced false convictions of non-Latinx defendants—including mistaken eyewitness...

Abstract Some recent state and federal sentencing studies have turned up an interesting puzzle: Contrary to a prominent sociological group threat theory, Latinx defendants seem to be punished most harshly relative to white defendants in court jurisdictions where Latinx populations are smallest. In this Article, we briefly review literature on punishment disparities between Latinx and white...

Abstract As the twenty-first century progresses, the influence of race, ethnicity, gender, and class in crime and punishment continues to be a pressing and polemic issue. With various antisocial control movements taking place, particularly in response to the Trump administration, the nature of crime and punishment is once again being redefined nationally and abroad. As in the past, this new...

Abstract How does having a loved one threatened by detention and deportation impact political participation? Drawing on extant research demonstrating the mobilizing power of a threatening immigration environment, we develop a dynamic theory of what scholars elsewhere refer to as proximal contact. We argue that individuals with proximal connections to punitive immigration policy may be politically...

Abstract The Federal Aviation Administration Authorization Act (FAAAA)—which prohibits state and local regulation “related to a price, route, or service” of interstate trucking firms—is a statute with enormous legal and economic significance that operates largely in the dark. This Article seeks to bring the FAAAA to light, explain what is at stake in its interpretation, and argue against its...

Abstract The last several decades of health law and policy have been built on a foundation of economic theory. This theory supported the proliferation of market-based policies that promised maximum efficiency and minimal bureaucracy. Neither of these promises has been realized. A mounting body of empirical research discussed in this Article makes clear that leading market-based health care...

Abstract Elections are the linchpin of a representative democracy’s legitimacy and power. In the absence ofelectoral participation by a critical mass of the population, a society cannot meaningfully claim to be democratically governed. Persistently low voter turnout decreases the quality and equality of political representation in the United States and jeopardizes the integrity of our system of...

This Article looks closely at the good moral character clause and its potential to enable individual and institutional bias through a subsection that allows United States Citizen and Immigration Service (USCIS) to deny a naturalization petition when USCIS finds that the applicant offers “false testimony” and thus lacks requisite “good moral character.”