Pursuing Citizenship During COVID-19
Introduction Citizenship is a subject of growing interest in scholarly and policy discussions that aim to go beyond repairing the exclusionary immigration laws of the last several years to building …
Text Is Not Enough
In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects gay and lesbian individuals from employment discrimination. The three opinions …
Robophobia
Robots—machines, algorithms, artificial intelligence—play an increasingly important role in society, often supplementing or even replacing human judgment. Scholars have rightly become concerned with the fairness, accuracy, and humanity of these …
Leveling Up to a Reasonable Woman’s Expectation of Privacy
Various privacy law doctrines involve a reasonable expectation of privacy or similar analyses that take into account social privacy norms. For the most part, however, neither courts nor scholars have …
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One Step Forward, Two Steps Back: How Attorney General Review Undermines Our Immigration Adjudication System
Introduction On June 1, 2011, Mr. E.F.H.L., a native and citizen of Honduras, entered the United States without inspection and subsequently applied for asylum and withholding of removal based on …
Ball Never Lies: How Guaranteed Contracts Provide NBA Players More Security than NFL Players to Advocate for Social Justice
Introduction In 2013, Colin Kaepernick led the San Francisco 49ers to the National Football League (NFL) Super Bowl.[1] That same year, LeBron James dominated the National Basketball Association (NBA) Finals …
Is Title VII an “Anti-Discrimination” Law?
PDF: Anuj C. Desai,[1] Is Title VII an “Anti-Discrimination” Law? Title VII of the Civil Rights Act of 1964 is commonly referred to as an “anti-discrimination” statute. At its core, …
Introduction to the Symposium: The Stakes for Critical Legal Theory
On September 17, 2020, Donald Trump spoke at the so-called “White House Conference on American History.”[1] The conference mission, Trump explained, was to “clear away the twisted web of lies” …
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Reloading the Canon: Thoughts on Critical Legal Pedagogy
On the first day of the first-year contracts class that I teach, I preview for the students both the general contours of the “blackletter law”[1] that we will be learning …
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The Critique and Praxis of Rights
The critique of rights has played a crowning role in critical philosophy. From Hegel to Marx, to Foucault and beyond—Duncan Kennedy, Christoph Menke, the contributors to this Symposium—the critique of …