Authoruclalaw

A Critical Race and Disability Legal Studies Approach to Immigration Law and Policy

This piece argues that the progressive immigration reform must take into account the ways in which racism and ableism permeate the immigration system, and calls for a more intersectional approach to immigration law and policy scholarship and practice. It highlights one organization’s recent efforts to put this intersectional approach into research and practice.

Open Records, Shuttered Labs: Ending Political Harassment of Public University Researchers

This article confronts a dangerous contemporary trend: the escalating political harassment of public university scholars through the use of public records requests. This phenomenon impedes academic enterprises as diverse as climate change research and biomedical experiments. The article argues that most of professors’ records should not be subject to laws that exist to promote democratic...

Everything Is Obvious

Inventive machines are increasingly being used in research, and once the use of such machines becomes standard, the standard of the “person skilled in the art” used to judge “obviousness” for patentability should be a person using an inventive machine, or just an inventive machine. As inventive machines continue to improve, this will increasingly raise the bar to patentability, eventually...

Invoking Federal Common Law Defenses in Immigration Cases

This article argues that we should take a deeper look at the applicability of federal common law defenses in immigration cases. In the rare cases where noncitizens attempt to raise common law defenses, such arguments tend to be dismissed by immigration judges because removal proceedings are civil, not criminal. Yet many common-law defenses may be raised in civil cases. This article proposes three...

Private Accountability in the Age of Artificial Intelligence

This article explores the impending conflict between the protection of civil rights and trade secrecy in an age of big data, as exemplified by a number of recent cases involving algorithmic bias and discrimination. In a world where the activities of private corporations are raising concerns about privacy, due process, and discrimination, we must focus on the role of corporations in addressing the...