“The way to right wrongs is to turn the light of truth upon them.”[1] –Ida B. Wells Abstract It is in the spirit of Ida B. Wells that we seek to turn the light upon the systemic racism of hiring practices.[2] We believe these practices are indicators of the systemic failures on campuses and in workplaces that prevent them from being antiracist. We seek to use this Essay as a “tool for exposing...
Abandoning Presidential Administration: A Civic Governance Agenda to Promote Democratic Equality and Guard Against Creeping Authoritarianism
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.
Privacy Asymmetries: Access to Data in Criminal Defense Investigations
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.
Children in Custody: A Study of Detained Migrant Children in the United States
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.
The Absent Black Father: Race, The Welfare-Child Support System, and the Cyclical Nature of Fatherlessness
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.
Cages and Compensatory Damages: Suing the Federal Government for Intentional Infliction of Emotional Distress
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.
National Security Lawyering in the Post-War Era: Can Law Constrain Power?
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?
Abandoning Presidential Administration: A Civic Governance Agenda to Promote Democratic Equality and Guard Against Creeping Authoritarianism
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...