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The Tragedy of Democratic Constitutionalism

ABSTRACT In contemporary constitutional jurisprudence, capacious notions of individual liberty are ascendant. Under the First Amendment, due process, takings, nondelegation, and a range of interpretive doctrines, advocates are seeking greater...

Senate Bill 54 (2017): California Versus the Law Enforcement Lobby

ABSTRACT Before calls to abolish Immigration Customs and Enforcement (ICE) became a progressive rallying cry throughout the United States, the California Values Act of 2017 (SB 54) promised to freeze ICE out of California. The goal behind SB 54 was...

State Constitutions and Summary Judgment

ABSTRACT Is summary judgment constitutional? Scholars have passionately debated the question in recent years. But they have made an important oversight. Ironically, the issue surrounding summary judgment’s constitutionality that is the most...

The End of Deportation

ABSTRACT This Article introduces to legal scholarship a new horizon for pro-immigrant scholarship and advocacy: deportation abolition. The ever-present threat of deportation shapes the daily lives of noncitizens. Instead of aiming for a pathway to...