We argue that presidential administration is unlikely to be successful. More to the point, we fear it may prove dangerous, further legitimizing practices that enable and embolden future authoritarians far more adroit with the tools and language of power than Donald Trump.
This Article introduces the phenomenon of “privacy asymmetries,” which are privacy statutes that permit courts to order disclosures of sensitive information when requested by law enforcement but not when requested by criminal defense counsel.
This study presents the first systematic empirical investigation of children in ORR custody using original administrative records pertaining to migrant children who were in ORR custody between November 2017 and August 2019.
Through media representations and policymaking, the absent Black father narrative has taken shape over the past fifty years, giving rise to the belief that fatherlessness is a distinctly Black issue. To safeguard against misplaced assumptions, this Comment proposes a new, cyclical model by which to view fatherlessness.
This Comment argues that an IIED cause of action is the ideal litigation vehicle for restoring the personal and economic dignity for victims of the family separation policy. Contrary to some concerns, this Comment argues why an IIED cause of action is not barred by statutory exceptions to the waiver of sovereign immunity.
Do we face a rule of law crisis in U.S. national security law? The rule of law requires that people and institutions are subject and accountable to law that is fairly applied and enforced. Among other things, this requires that those bound by the law not be the judges in their own case. Does national security lawyering meet this standard? And if not, what should be done about that?
Upon assuming the presidency, Joe Biden is likely to enjoy limited congressional support for his legislative agenda. Democrats believe they have a good playbook for this situation: “presidential administration.” Coined by now–Justice Kagan, presidential administration endorses the use of unilateral executive action to advance the president’s policy priorities. We argue that presidential...
Abstract Do we face a rule of law crisis in U.S. national security law? The rule of law requires that people and institutions are subject and accountable to law that is fairly applied and enforced. Among other things, this requires that those bound by the law not be the judges in their own case. Does national security lawyering meet this standard? And if not, what should be done about that? This...
This Article explores the counterterrorism apparatus maintained by the United Nations from a critical perspective. It argues that the international counterterrorism regime reflects American and European priorities and structures to a significant degree, a situation that positions the threat of Islamist terrorism as preeminent. The existence of this regime results in significant distortion to...
Europe’s borders are racial borders. The European Union’s external border regime underpins continuing forms of European imperialism and neocolonialism. It reinforces a particular imaginary of Europeanness as whiteness, euphemistically dressed up as a European Way of Life to be protected. It nonetheless sits comfortably within the permissible parameters of international law. This Article...
Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial designation and the position within the social...
This Article offers an account of the role of race in global political economy—in particular, how to understand racialization as part of the process by which institutions of economic hierarchy not only were created but continue to be legitimated. It offers the conception of race as a technology: the product of racialized forms of knowing, which serve the practical goal of maintaining and...
This keynote speech was delivered on January 31, 2020. It argues that dominant narratives of American legal liberalism and global exceptionalism increasingly find themselves under real political and intellectual strain, even among mainstream scholars and practitioners of constitutional law and public international law.
This intervention gestures to histories of American empire from a perspective born outside America’s shores—in other words and other worlds, an un-American story of American empire. Seen from elsewhere, American empire appears both intimate and distant, at once singular and multiple, a vast terrain and a small place. For instance, how can we supplement a story of race and racial capitalism that...