immigration law essay

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Key facts about u.s. immigration policies and biden’s proposed changes.

Since President Joe Biden took office in January 2021, his administration has acted on a number of fronts to reverse Trump-era restrictions on immigration to the United States. The steps include plans to boost refugee admissions , preserving deportation relief for unauthorized immigrants who came to the U.S. as children and not enforcing the “ public charge ” rule that denies green cards to immigrants who might use public benefits like Medicaid.

Biden has also lifted restrictions established early in the coronavirus pandemic that drastically reduced the number of visas issued to immigrants. The number of people who received a green card declined from about 240,000 in the second quarter of the 2020 fiscal year (January to March) to about 79,000 in the third quarter (April to June). By comparison, in the third quarter of fiscal 2019, nearly 266,000 people received a green card.

Biden’s biggest immigration proposal to date would allow more new immigrants into the U.S. while giving millions of unauthorized immigrants who are already in the country a pathway to legal status. The expansive legislation would create an eight-year path to citizenship for the nation’s estimated 10.5 million unauthorized immigrants , update the existing family-based immigration system, revise employment-based visa rules and increase the number of diversity visas . By contrast, President Donald Trump’s administration sought to restrict legal immigration in a variety of ways, including through legislation that would have overhauled the nation’s legal immigration system by sharply reducing family-based immigration.

The Biden administration has proposed legislation that would create new ways for immigrants to legally enter the United States. The bill would also create a path to citizenship for unauthorized immigrants living in the country.

To better understand the existing U.S. immigration system, we analyzed the most recent data available on federal immigration programs. This includes admission categories for green card recipients and the types of temporary employment visas available to immigrant workers. We also examined temporary permissions granted to some immigrants to live and work in the country through the Deferred Action for Childhood Arrivals and Temporary Protected Status programs.

This analysis relies on data from various sources within the U.S. government, including the Department of Homeland Security, Citizenship and Immigration Services, the Department of State, Federal Register announcements and public statements from the White House.

The Senate is considering several immigration provisions in a spending bill, the Build Back Better Act , that the House passed in November 2021. While passage of the bill is uncertain – as is the inclusion of immigration reforms in the bill’s final version – the legislation would make about 7 million unauthorized immigrants eligible to apply for protection from deportation, work permits and driver’s licenses.

Amid a record number of migrant encounters at the U.S.-Mexico border, Biden reinstated in December 2021 a Trump-era policy that requires those who arrive at the U.S.-Mexico border and seek asylum to wait in Mexico while their claims are processed. Biden had earlier ended the Migration Protection Protocols , or “Remain in Mexico” policy, and then restarted it after the U.S. Supreme Court upheld a lawsuit by Texas and Missouri that challenged the program’s closure. Asylum seekers do not receive a legal status that allows them to live and work in the U.S. until the claim is approved.

Overall, more than 35 million lawful immigrants live in the U.S.; most are American citizens. Many live and work in the country after being granted lawful permanent residence, while others receive temporary visas available to students and workers. In addition, roughly 1 million unauthorized immigrants have temporary permission to live and work in the U.S. through the Deferred Action for Childhood Arrivals and Temporary Protected Status programs.

Here are key details about existing U.S. immigration programs, as well as Biden’s proposed changes to them:

Family-based immigration

In fiscal 2019, nearly 710,000 people received lawful permanent residence in the U.S. through family sponsorship. The program allows someone to receive a green card if they already have a spouse, child, sibling or parent living in the country with U.S. citizenship or, in some cases, a green card. Immigrants from countries with large numbers of applicants often wait for years to receive a green card because a single country can account for no more than 7% of all green cards issued annually.

Biden’s proposal would expand access to family-based green cards in a variety of ways, such as by increasing per-country caps and clearing application backlogs. Today, family-based immigration – referred to by some as “ chain migration ” – is the most common way people gain green cards, in recent years accounting for about two-thirds of the more than 1 million people who receive green cards annually.

Refugee admissions

The U.S. admitted only 11,411 refugees in fiscal year 2021, the lowest number since Congress passed the 1980 Refugee Act for those fleeing persecution in their home countries. The low number of admissions came even after the Biden administration raised the maximum number of refugees the nation could admit to 62,500 in fiscal 2021 . Biden has increased the refugee cap to 125,000 for fiscal 2022, which started on Oct. 1, 2021.

The low number of admissions in recent years is due in part to the ongoing pandemic. The U.S. admitted only about 12,000 refugees in fiscal 2020 after the country suspended admissions during the coronavirus outbreak . This was down from nearly 54,000 in fiscal 2017 and far below the nearly 85,000 refugees admitted in fiscal 2016, the last full fiscal year of the Obama administration.

The recent decline in refugee admissions also reflects policy decisions made by the Trump administration before the pandemic. Trump capped refugee admissions in fiscal 2020 at 18,000 , the lowest total since Congress created the modern refugee program in 1980.

Employment-based green cards

In fiscal 2019, the U.S. government awarded more than 139,000 employment-based green cards to foreign workers and their families. The Biden administration’s proposed legislation could boost the number of employment-based green cards, which are capped at about 140,000 per year . The proposal would allow the use of unused visa slots from previous years and allow spouses and children of employment-based visa holders to receive green cards without counting them against the annual cap. These measures could help clear the large backlog of applicants. The proposed legislation also would eliminate the per-country cap that prevents immigrants from any single country to account for more than 7% of green cards issued each year.

Diversity visas

Each year, about 50,000 people receive green cards through the U.S. diversity visa program , also known as the visa lottery. Since the program began in 1995, more than 1 million immigrants have received green cards through the lottery, which seeks to diversify the U.S. immigrant population by granting visas to underrepresented nations. Citizens of countries with the most legal immigrant arrivals in recent years – such as Mexico, Canada, China and India – are not eligible to apply.

The Biden administration has proposed legislation to increase the annual total to 80,000 diversity visas. Trump had sought to eliminate the program .

In fiscal 2019, more than 188,000 high-skilled foreign workers received H-1B visas . H-1B visas accounted for 22% of all temporary visas for employment issued in 2019. This trailed only the H-2A visa for agricultural workers, which accounted for nearly a quarter (24%) of temporary visas. In all, nearly 2 million H-1B visas were issued from fiscal years 2007 to 2019.

The Biden administration is expected to review policies that led to increased denial rate s of H-1B visa applications under the Trump administration. In addition, Biden has delayed implementing a rule put in place by Trump that sought to prioritize the H-1B visa selection process based on wages, which would have raised the wages of H-1B recipients overall. Biden also proposed legislation to provide permanent work permits to spouses of H-1B visa holders. By contrast, the Trump administration had sought to restrict these permits. The Trump administration also created an electronic registration system that led to a record number of applicants for fiscal 2021.

Temporary permissions

A relatively small number of unauthorized immigrants who came to the U.S. under unusual circumstances have received temporary legal permission to stay in the country. One key distinction for this group of immigrants is that, despite having received permission to live in the U.S., most don’t have a path to gain lawful permanent residence. The following two programs are examples of this:

Deferred Action for Childhood Arrivals

About 636,000 unauthorized immigrants had temporary work permits and protection from deportation through the Deferred Action for Childhood Arrivals program, or DACA, as of Dec. 31, 2020. One of Biden’s first actions as president was to direct the federal government to take steps to preserve the program , which Trump had tried to end before the Supreme Court allowed it to remain in place . DACA recipients, sometimes called “Dreamers,” would be among the undocumented immigrants to have a path to U.S. citizenship under Biden’s immigration bill. Senators have also proposed separate legislation that would do the same.

Temporary Protected Status

Overall, it is estimated that more than 700,000 immigrants from 12 countries currently have or are eligible for a reprieve from deportation under Temporary Protected Status, or TPS , a federal program that gives time-limited permission for some immigrants from certain countries to work and live in the U.S. The program covers those who fled designated nations because of war, hurricanes, earthquakes or other extraordinary conditions that could make it dangerous for them to live there.

The estimated total number of immigrants is based on those currently registered, in addition to those estimated to be eligible from Myanmar – also called Burma – and Venezuela.

Immigrants from Venezuela and Myanmar are newly eligible for TPS under changes made after Biden took office in January 2021 by the Department of Homeland Security, which oversees the program. The government must periodically renew TPS benefits or they will expire. The department extended benefits into 2022 and beyond for eligible immigrants from nine nations: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, Syria and Yemen. In addition, the Biden administration expanded eligibility for immigrants from Haiti based on recent turmoil.

Biden and congressional Democrats have proposed granting citizenship to certain immigrants who receive TPS benefits. Under Biden’s large immigration bill, TPS recipients who meet certain conditions could apply immediately for green cards that let them become lawful permanent residents. The proposal would allow TPS holders who meet certain conditions to apply for citizenship three years after receiving a green card, which is two years earlier than usual for green-card holders. By contrast, the Trump administration had sought to end TPS for nearly all beneficiaries, but was blocked from doing so by a series of lawsuits.

Note: This is an update of a post originally published March 22, 2021.

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US Law ‘Dehumanizes’ Immigrants: Essay

The U.S. might proudly consider itself a society governed by the “rule of law” — but its immigration policy uses legal principles to punish individuals seeking a better life in this country, rather than protect them, argues Jennifer Chacón , a University of California, Los Angeles Law School professor.

Forced family separation is just one example of the way federal regulations and policies “dehumanize” migrants, argues Chacón in “ The Dehumanizing Work of Immigration Law ,” one of 13 articles in “ Punitive Excess ,” an essay collection on criminalization and punishment published by The Brennan Center for Justice .

Regardless of the party in power, the U.S. laws and policies have been applied in such a way to endorse punitive pathways to immigration, and set impossibly high standards of citizenship, the essay maintains.

“In fact, our immigration laws are exceptionally harsh in ways that frequently defy common sense,” Chacón writes.

Misconceptions about immigration shape U.S. laws and judicial opinions, hurting people who flee dangerous conditions when they reach the U.S. Immigration law establishes rigid standards for lawful immigration.

Most undocumented residents don’t fit the rigid standards for lawful immigration, established by U.S. laws and judicial rulings, which are based on misconceptions of immigration.

Chacón cites the example of Oscar Martinez who was deported after living in the U.S. with his family for 25 years, because he failed to navigate a legal path to citizenship.

Legal technicalities, too, have massive consequences for immigrants who attempt to “do things ‘the right way,’” Chacón writes.

Though a noncitizen who marries a citizen becomes eligible for a visa sponsored by their citizen spouse, noncitizens who have been in the country for over a year without authorization must leave the country for visa processing.

Before reentering on a family-sponsored visa, they face a 10-year bar.

Beyond splintering families through legal means, U.S. lawmakers have historically broken their own promises. U.S. treaty obligations, for example, prohibit the government from penalizing asylum seekers who arrive at the border without documents.

But the Donald Trump administration criminally prosecuted and separated from their families thousands of asylum seekers at the southern border in 2018 and 2019.

“While that family separation policy generated a national outcry, and even drew criticism from the government itself, there was little public attention paid to the tens of thousands of others who were turned back and told to remain in Mexico, often in situations of great peril, while they awaited their hearing,” Chacón writes.

Abiding by immigration law, the Joe Biden administration has yet to enact the sweeping immigration reform promised during the campaign trail. Biden formally terminated Trump’s “Migration Protection Protocol” four months after his inauguration.

“Even now, asylum seekers face an overburdened system where they sometimes have to wait years to have their claims adjudicated and where five-year-old children have had to appear without counsel in proceedings,” writes Chacón.

In U.S. lawbooks, deportation and criminalization often go hand in hand. Criminal records — even marijuana-related convictions involving conduct that’s no longer criminal in some jurisdictions — can lead to deportations years after the offense.

In one instance, the government pursued a deportation case in 2000 regarding conviction for possession of a small amount of drugs in 1978.

An immigrant’s involvement with the criminal legal system has historically determined their risk of deportation. The Obama administration told the public it would deport “felons, not families, criminals, not children,” despite the fact that those “felons” — whose criminal designation emerged from a discriminatory legal system — had families, too.

Chacón also identifies the Supreme Court’s active fortification of inhumane immigration law. In the 1976 case U.S. v. Martinez-Fuerte , Justice Lewis Powell called interior immigration checkpoint stops necessary to address the “formidable law enforcement problems” posed by the “flow” of “illegal Mexican aliens.”

In the 1984 decision INS v. Lopez-Mendoza , Justice Sandra Day O’Connor’s said illegally obtained evidence can be used against immigrants in their deportation proceedings.

It’s under this guise of “rule of law,” Chacón argues, that U.S. lawmakers legitimize the cruel treatment of immigrants, a large swath of whom emigrate to escape the repercussions of U.S. economic, climate and foreign policies.

“Today, people routinely use the term ‘illegal’ not to refer to the law enforcement practices like the Migrant Protection Policy that openly violate U.S. treaty obligations, or to the hiring practices of many of the nation’s employers, but to describe immigrants as outside of the law, always threatening to it,” Chacón writes.

“For people thus dehumanized, no legal consequences seem too severe; for them, the law is a threatening sword, not a protective shield.”

To read Chacón’s complete essay, click here . The complete essay collection is available here .

Eva Herscowitz is a TCR Justice Reporting intern.

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You have brought up a very important topic, and although I do not live in the USA, I always watch the news with emotion. Migration policy clearly requires changes and improvements.

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Handout A: Background Essay – The History of Immigration Law in the United States

Background Essay—The History of Immigration Law in the United States

Directions: Read the background essay and answer the critical thinking questions at the end. In addition, formulate your own questions about the content discussed.

In the modern era, nation-states are defined as much by their borders as by their unique laws, forms of government, and distinct national cultures. Since the early years of the United States’ history, the federal government has sought, with varying degrees of success, to limit and define the nature and scale of immigration into the country. In the first seventy years of the nation’s history, immigration was left largely unchecked; Congress focused its attention on defining the terms by which immigrants could gain the full legal rights of citizenship. Beginning in the 1880s, however, Congress began to legislate on the national and ethnic makeup of immigrants. Lawmakers passed laws forbidding certain groups from entering the country, and restricted the number of people who could enter from particular nations. In the 1920s, Congress enacted quotas based upon immigrants’ national origin, limiting the number of immigrants who could enter from non-Western European countries. In the 1960s, immigration policy was radically transformed and the policies of the preceding generations were abolished. Through these reforms, which still determine the United States’ immigration policy today, greater numbers of Asians, Africans, and Latin Americans are permitted to enter the country than immigrants of European background, giving preferred status to these immigrant groups.

Article 1, Section 8 of the U.S. Constitution empowers the Congress to “Establish a Uniform Rule of Naturalization.” The first national law concerning immigration was the Naturalization Act of 1790, which stated that any free white person who had resided in the U.S. for at least two years could apply for full citizenship. Congress also required applicants to demonstrate “good character” and swear an oath to uphold the Constitution. Blacks were ineligible for citizenship.

In 1795, naturalization standards were changed to require five years’ prior residence in the U.S., and again in 1798 to require 14 years’ residence. The 1798 revision was passed amidst the anti-French fervor of the Quasi-War and sought to limit the influence of foreign-born citizens in federal elections. During Thomas Jefferson’s presidency, the 1798 standards were repealed to require five years’ residence once more. As immigration patterns changed over time, especially in the late 1840s and early 1850s as Irish and Germans replaced the British as the primary immigrant groups, federal immigration law remained largely unchanged. Despite anti-immigrant agitation in the 1850s and the rise of nativist political groups, no limits or quotas were imposed on immigration.

Questions still lingered about the nature of citizenship for black Americans. In December 1865, the Thirteenth Amendment was ratified, abolishing slavery in all of the states. Were emancipated slaves citizens, or not? Through the end of the Civil War, slaves had not been considered citizens and possessed none of the rights of their white countrymen. The Civil Rights Act of 1866 established that freedmen were indeed citizens. In 1868, the Fourteenth Amendment to the U.S. Constitution confirmed the position set forth in the Civil Rights Act. The amendment stated that “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The amendment prohibited the states from curtailing the privileges of federal citizenship. The construction of the citizenship clause indicates that anyone born in the U.S. is automatically a citizen, and this is what federal law has maintained ever since. However, there is disagreement as to the meaning of the citizenship clause, and whether it was intended to clarify the status of emancipated slaves, or whether it was written to apply to all peoples regardless of context.

During the congressional ratification debates, members made clear the purpose of the Fourteenth Amendment. Senator and Radical Republican Thaddeus Stevens argued in 1866 that the Fourteenth Amendment was the final fulfillment of the principles of the Declaration of Independence, a law designed to ensure equal rights for all Americans no matter their race or prior status under the law. Senator Jacob Howard, one of the chief authors of the citizenship clause, reassured Congress by saying the amendment “will not, of course, include persons born in the United States who are foreigners, aliens” or had been born to foreign diplomats. Senator John Bingham echoed his colleague’s remarks and said the citizenship clause reasserts “that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of our Constitution itself, a natural-born citizen.”

The question remains whether the Fourteenth Amendment’s citizenship clause should be interpreted as a protection of the rights of citizenship of former slaves, or if it is a blanket protection for all persons born in the United States no matter their parents’ national allegiance or legal status. Current law favors the latter interpretation, and there is ongoing controversy whether children born of unnaturalized or illegal immigrants should be granted automatic citizenship.

After the Civil War, the American economy boomed as industry grew and the American West was settled and organized into new states. On the Pacific coast, the high demand for labor drew thousands of Chinese immigrants into the country to work in a variety of capacities. Most often, they worked building railroads or in mines. Others farmed or ran businesses in California’s growing cities. By the late 1870s, opposition to Chinese laborers had grown substantially, stemming from a combination of racism and the belief that Chinese laborers unfairly competed with white American laborers and stole economic opportunities from workers more deserving. Eventually, Congress passed the 1882 Chinese Exclusion Act barring virtually all new immigration from China. The act was extended in 1892 and on a permanent basis beginning in 1902. Other laws further restricted the rights and privileges of Chinese immigrants already in the United States. The Scott Act of 1888, for example, forbade Chinese immigrants who left the United States from returning. It was not until World War II, when China was a military ally of the United States, that the ban on Chinese immigration was lifted.

For most of the 1800s, the main sources of immigrants to the United States were British, Irish, German, Scandinavian, and Central European peoples. By the 1880s, immigration patterns shifted toward Eastern and Southern European groups, especially Italians, Poles, Russians, and other Slavic peoples. Most were pulled to the United States by the promise of better opportunities and improved quality of life. The dramatic change in the ethnic makeup of this “new wave” of immigrants caused alarm among nativists, racialists, and pro-Protestant interests. One legislative response to this was the Immigration Act of 1917 which created the Asiatic Barred Zone, a vast area of Asia from which no person could immigrate to the U.S. The prohibited areas included most of the Middle East, South Asian countries like Persia and British-ruled India, as well as central Asia and Southeastern Asia.

In another response to the growing number of immigrants arriving from Eastern and Southern European countries, Congress passed the Emergency Immigration Act of 1921, which placed limits on the number of people entering the country based upon prescribed quotas. The law used the 1910 Federal Census to determine existing numbers of foreign-born citizens already living in the U.S. It then required that a number equivalent to only 3% of the already resident population from a certain country could be admitted. Therefore, for example, if 100,000 Bulgarians already lived in the U.S., only 3,000 Bulgarian immigrants could enter annually thereafter. This scheme became known as the National Origins Formula. The goal of federal policy sought to ensure that new waves of immigrants from outside western and central Europe could slowly integrate into American society and so could better embrace American notions of civic virtue, self-government, and productivity.

This law was followed a few years later by the Immigration Act of 1924 which decreased the quota from 3% to 2% and used the 1890 census instead of the 1910 census as the reference point for its quotas. Because Congress chose to utilize the 1890 census, which showed a higher proportion of residents from more desirable European countries like Germany and Great Britain, the law created artificially low quotas for the new immigrants. Furthermore, it placed low caps on arrivals from majority non-white nations, like those in Africa and the Middle East. In the first year of its enactment, the law permitted 51,000 German immigrants, for example, but only 100 from the Arabian Peninsula.

Latent anti-immigrant hostility erupted during both World Wars. Anti-immigrant antagonism has not always been racially motivated. In World War I, German-Americans (even those born in the United States) were subjected to discrimination and harassment for their national background. In some communities, German-Americans were lynched by mobs while others had their businesses boycotted or closed. Americans born in Germany were forced to register with the government as “enemy aliens,” and some states prohibited the use of the German language in school instruction. Most Lutheran churches ceased conducting services in the German language and adopted English instead. During World War II, Japanese-Americans were subjected to even worse treatment and were forced into internment camps for the duration of the war. In February 1942 President Franklin D. Roosevelt issued Executive Order 9066 requiring Japanese-Americans to report for forced relocation to prisoner camps away from the Pacific coast. Fred Korematsu challenged the legality of Roosevelt’s directive, but in Korematsu v. U.S. (1944) the U.S. Supreme Court ruled the internment of Japanese-Americans was constitutional.

The quotas and restrictions of the 1920s remained largely in place until the administration of President Lyndon Johnson, who undertook a sweeping reform project of many of the most important public policy sectors. As part of his reform agenda, Johnson signed into law the Immigration and Nationality Act of 1965, which ended use of the National Origins Formula. Under the new law, 120,000 immigrants were to be admitted annually from Western Hemisphere nations in Latin and South America. 170,000 people per year would be admitted from Asia, Africa, and Europe combined. The reforms of 1965 initiated a substantial change in the ethnic and national origin of immigrants and this accounts for the rapid growth of the non-European population seen today. Instead of a movement of people almost solely from Europe, immigration today is dominated by non-European peoples from all parts of the world. Further, the 1965 reform provided an avenue for immigrants’ families to come to the United States after them, as family immigration is usually not counted in the overall quota. With minor revisions, the standards set forth in the Immigration and Nationality Act of 1965 remain in effect today and still determines from which countries the United States draws its new citizens.

CRITICAL THINKING OR HOMEWORK QUESTIONS

• Describe the Naturalization Act of 1790. According to this law, who could become citizens of the United States? What racial boundaries to citizenship did the law define? What were the conditions of gaining full citizenship?
• What is naturalization and why were law makers in the years around 1800 concerned with defining how long citizens must be in the country to become naturalized?
• Describe the debate over the ratification of the Fourteenth Amendment. How do most Americans in the present day interpret the law? How did its framers explain the law at the time?
• What were some of the reasons that the Chinese were forbidden to immigrate? When were these immigration restrictions lifted?
• Describe the challenges faced by immigrants and the descendants of recent immigrants during World War I and World War II. What did the Supreme Court rule in Korematsu v. U.S. ?
• What were the primary changes brought about in the Immigration and Nationality Act of 1965? How was this law different from the laws enacted in 1921 and 1924?

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Eight brilliant student essays on immigration and unjust assumptions.

Read winning essays from our winter 2019 “Border (In)Security” student writing contest.

For the winter 2019 student writing competition, “Border (In)Security,” we invited students to read the YES! Magazine article “Two-Thirds of Americans Live in the “Constitution-Free Zone” by Lornet Turnbull and respond with an up-to-700-word essay. 

Students had a choice between two writing prompts for this contest on immigration policies at the border and in the “Constitution-free zone,” a 100-mile perimeter from land and sea borders where U.S. Border Patrol can search any vehicle, bus, or vessel without a warrant. They could state their positions on the impact of immigration policies on our country’s security and how we determine who is welcome to live here. Or they could write about a time when someone made an unfair assumption about them, just as Border Patrol agents have made warrantless searches of Greyhound passengers based simply on race and clothing.

The Winners

From the hundreds of essays written, these eight were chosen as winners. Be sure to read the author’s response to the essay winners and the literary gems that caught our eye.

Middle School Winner: Alessandra Serafini

High School Winner: Cain Trevino

High School Winner: Ethan Peter

University Winner: Daniel Fries

Powerful Voice Winner: Emma Hernandez-Sanchez

Powerful Voice Winner: Tiara Lewis

Powerful Voice Winner: Hailee Park

Powerful Voice Winner: Aminata Toure

From the Author Lornet Turnbull

Literary Gems

Middle school winner.

Alessandra Serafini

Brier Terrace Middle School, Brier, Wash.

Broken Promises

“…Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tossed to me,

I lift my lamp beside the golden door!”

These words were written by Emma Lazarus and are inscribed on the base of the Statue of Liberty. And yet, the very door they talk about is no longer available to those who need it the most. The door has been shut, chained, and guarded. It no longer shines like gold. Those seeking asylum are being turned away. Families are being split up; children are being stranded. The promise America made to those in need is broken.

Not only is the promise to asylum seekers broken, but the promises made to some 200 million people already residing within the U.S. are broken, too. Anyone within 100 miles of the United States border lives in the “Constitution-free zone” and can be searched with “reasonable suspicion,” a suspicion that is determined by Border Patrol officers. The zone encompasses major cities, such as Seattle and New York City, and it even covers entire states, such as Florida, Massachusetts, and New Jersey. I live in the Seattle area, and it is unsettling that I can be searched and interrogated without the usual warrant. In these areas, there has been an abuse of power; people have been unlawfully searched and interrogated because of assumed race or religion.

The ACLU obtained data from the Customs and Border Protection Agency that demonstrate this reprehensible profiling. The data found that “82 percent of foreign citizens stopped by agents in that state are Latino, and almost 1 in 3 of those processed are, in fact, U.S. citizens.” These warrantless searches impede the trust-building process and communication between the local population and law enforcement officers. Unfortunately, this lack of trust makes campaigns, such as Homeland Security’s “If You See Something, Say Something,” ineffective due to the actions of the department’s own members and officers. Worst of all, profiling ostracizes entire communities and makes them feel unsafe in their own country.

Ironically, asylum seekers come to America in search of safety. However, the thin veil of safety has been drawn back, and, behind it, our tarnished colors are visible. We need to welcome people in their darkest hours rather than destroy their last bit of hope by slamming the door in their faces. The immigration process is currently in shambles, and an effective process is essential for both those already in the country and those outside of it. Many asylum seekers are running from war, poverty, hunger, and death. Their countries’ instability has hijacked every aspect of their lives, made them vagabonds, and the possibility of death, a cruel and unforgiving death, is real. They see no future for their children, and they are desperate for the perceived promise of America—a promise of opportunity, freedom, and a safe future. An effective process would determine who actually needs help and then grant them passage into America. Why should everyone be turned away? My grandmother immigrated to America from Scotland in 1955. I exist because she had a chance that others are now being denied.

Emma Lazarus named Lady Liberty the “Mother of Exiles.” Why are we denying her the happiness of children? Because we cannot decide which ones? America has an inexplicable area where our constitution has been spurned and forgotten. Additionally, there is a rancorous movement to close our southern border because of a deep-rooted fear of immigrants and what they represent. For too many Americans, they represent the end of established power and white supremacy, which is their worst nightmare. In fact, immigrants do represent change—healthy change—with new ideas and new energy that will help make this country stronger. Governmental agreement on a humane security plan is critical to ensure that America reaches its full potential. We can help. We can help people in unimaginably terrifying situations, and that should be our America.

Alessandra Serafini plays on a national soccer team for Seattle United and is learning American Sign Language outside of school. Her goal is to spread awareness about issues such as climate change, poverty, and large-scale political conflict through writing and public speaking.

  High School Winner

Cain Trevino

North Side High School, Fort Worth, Texas

Xenophobia and the Constitution-Free Zone

In August of 2017, U.S. Border Patrol agents boarded a Greyhound bus that had just arrived at the White River Junction station from Boston. According to Danielle Bonadona, a Lebanon resident and a bus passenger, “They wouldn’t let us get off. They boarded the bus and told us they needed to see our IDs or papers.” Bonadona, a 29-year-old American citizen, said that the agents spent around 20 minutes on the bus and “only checked the IDs of people who had accents or were not white.” Bonadona said she was aware of the 100-mile rule, but the experience of being stopped and searched felt “pretty unconstitutional.”

In the YES! article “Two-Thirds of Americans Live in the ‘Constitution-Free Zone’” by Lornet Turnbull, the author references the ACLU’s argument that “the 100-mile zone violates Fourth Amendment protections against unreasonable search and seizure.” However, the Supreme Court upholds the use of immigration checkpoints for inquiries on citizenship status. In my view, the ACLU makes a reasonable argument. The laws of the 100-mile zone are blurred, and, too often, officials give arbitrary reasons to conduct a search. Xenophobia and fear of immigrants burgeons in cities within these areas. People of color and those with accents or who are non-English speakers are profiled by law enforcement agencies that enforce anti-immigrant policies. The “Constitution-free zone” is portrayed as an effective barrier to secure our borders. However, this anti-immigrant zone does not make our country any safer. In fact, it does the opposite.

As a former student from the Houston area, I can tell you that the Constitution-free zone makes immigrants and citizens alike feel on edge. The Department of Homeland Security’s white SUVs patrol our streets. Even students feel the weight of anti-immigrant laws. Dennis Rivera Sarmiento, an undocumented student who attended Austin High School in Houston, was held by school police in February 2018 for a minor altercation and was handed over to county police. He was later picked up by Immigration and Customs Enforcement (ICE) and held in a detention center. It is unfair that kids like Dennis face much harsher consequences for minor incidents than other students with citizenship.

These instances are a direct result of anti-immigrant laws. For example, the 287(g) program gives local and state police the authority to share individuals’ information with ICE after an arrest. This means that immigrants can be deported for committing misdemeanors as minor as running a red light. Other laws like Senate Bill 4, passed by the Texas Legislature, allow police to ask people about their immigration status after they are detained. These policies make immigrants and people of color feel like they’re always under surveillance and that, at any moment, they may be pulled over to be questioned and detained.

During Hurricane Harvey, the immigrant community was hesitant to go to the shelters because images of immigration authorities patrolling the area began to surface online. It made them feel like their own city was against them at a time when they needed them most. Constitution-free zones create communities of fear. For many immigrants, the danger of being questioned about immigration status prevents them from reporting crimes, even when they are the victim. Unreported crime only places more groups of people at risk and, overall, makes communities less safe.

In order to create a humane immigration process, citizens and non-citizens must hold policymakers accountable and get rid of discriminatory laws like 287(g) and Senate Bill 4. Abolishing the Constitution-free zone will also require pressure from the public and many organizations. For a more streamlined legal process, the League of United Latin American Citizens suggests background checks and a small application fee for incoming immigrants, as well as permanent resident status for Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) recipients. Other organizations propose expanding the green card lottery and asylum for immigrants escaping the dangers of their home countries.

Immigrants who come to the U.S. are only looking for an opportunity to provide for their families and themselves; so, the question of deciding who gets inside the border and who doesn’t is the same as trying to prove some people are worth more than others. The narratives created by anti-immigrant media plant the false idea that immigrants bring nothing but crime and terrorism. Increased funding for the border and enforcing laws like 287(g) empower anti-immigrant groups to vilify immigrants and promote a witch hunt that targets innocent people. This hatred and xenophobia allow law enforcement to ask any person of color or non-native English speaker about their citizenship or to detain a teenager for a minor incident. Getting rid of the 100-mile zone means standing up for justice and freedom because nobody, regardless of citizenship, should have to live under laws created from fear and hatred.

Cain Trevino is a sophomore. Cain is proud of his Mexican and Salvadorian descent and is an advocate for the implementation of Ethnic Studies in Texas. He enjoys basketball, playing the violin, and studying c omputer science. Cain plans to pursue a career in engineering at Stanford University and later earn a PhD.  

High School Winner

Ethan Peter

Kirkwood High School, Kirkwood, Mo.

I’m an expert on bussing. For the past couple of months, I’ve been a busser at a pizza restaurant near my house. It may not be the most glamorous job, but it pays all right, and, I’ll admit, I’m in it for the money.

I arrive at 5 p.m. and inspect the restaurant to ensure it is in pristine condition for the 6 p.m. wave of guests. As customers come and go, I pick up their dirty dishes, wash off their tables, and reset them for the next guests. For the first hour of my shift, the work is fairly straightforward.

I met another expert on bussing while crossing the border in a church van two years ago. Our van arrived at the border checkpoint, and an agent stopped us. She read our passports, let us through, and moved on to her next vehicle. The Border Patrol agent’s job seemed fairly straightforward.

At the restaurant, 6 p.m. means a rush of customers. It’s the end of the workday, and these folks are hungry for our pizzas and salads. My job is no longer straightforward.

Throughout the frenzy, the TVs in the restaurant buzz about waves of people coming to the U.S. border. The peaceful ebb and flow enjoyed by Border agents is disrupted by intense surges of immigrants who seek to enter the U.S. Outside forces push immigrants to the United States: wars break out in the Middle East, gangs terrorize parts of Central and South America, and economic downturns force foreigners to look to the U.S., drawn by the promise of opportunity. Refugees and migrant caravans arrive, and suddenly, a Border Patrol agent’s job is no longer straightforward.

I turn from the TVs in anticipation of a crisis exploding inside the restaurant: crowds that arrive together will leave together. I’ve learned that when a table looks finished with their dishes, I need to proactively ask to take those dishes, otherwise, I will fall behind, and the tables won’t be ready for the next customers. The challenge is judging who is finished eating. I’m forced to read clues and use my discretion.

Interpreting clues is part of a Border Patrol agent’s job, too. Lornet Turnbull states, “For example, CBP data obtained by ACLU in Michigan shows that 82 percent of foreign citizens stopped by agents in that state are Latino, and almost 1 in 3 of those processed is, in fact, a U.S. citizen.” While I try to spot customers done with their meals so I can clear their part of the table, the Border Patrol officer uses clues to detect undocumented immigrants. We both sometimes guess incorrectly, but our intentions are to do our jobs to the best of our abilities.

These situations are uncomfortable. I certainly do not enjoy interrupting a conversation to get someone’s dishes, and I doubt Border Patrol agents enjoy interrogating someone about their immigration status. In both situations, the people we mistakenly ask lose time and are subjected to awkward and uncomfortable situations. However, here’s where the busser and the Border Patrol officer’s situations are different: If I make a mistake, the customer faces a minor inconvenience. The stakes for a Border Patrol agent are much higher. Mistakenly asking for documentation and searching someone can lead to embarrassment or fear—it can even be life-changing. Thus, Border Patrol agents must be fairly certain that someone’s immigration status is questionable before they begin their interrogation.

To avoid these situations altogether, the U.S. must make the path to citizenship for immigrants easier. This is particularly true for immigrants fleeing violence. Many people object to this by saying these immigrants will bring violence with them, but data does not support this view. In 1939, a ship of Jewish refugees from Germany was turned away from the U.S.—a decision viewed negatively through the lens of history. Today, many people advocate restricting immigration for refugees from violent countries; they refuse to learn the lessons from 1939. The sad thing is that many of these immigrants are seen as just as violent as the people they are fleeing. We should not confuse the oppressed with the oppressor.

My restaurant appreciates customers because they bring us money, just as we should appreciate immigrants because they bring us unique perspectives. Equally important, immigrants provide this country with a variety of expert ideas and cultures, which builds better human connections and strengthens our society.

Ethan Peter is a junior. Ethan writes for his school newspaper, The Kirkwood Call, and plays volleyball for his high school and a club team. He hopes to continue to grow as a writer in the future. 

University Winner

Daniel Fries

Lane Community College, Eugene, Ore.

Detained on the Road to Equality

The United States is a nation of immigrants. There are currently 43 million foreign-born people living in the U.S. Millions of them are naturalized American citizens, and 23 million, or 7.2 percent of the population, are living here without documentation (US Census, 2016). One in seven residents of the United States was not born here. Multiculturalism is, and always has been, a key part of the American experience. However, romantic notions of finding a better life in the United States for immigrants and refugees don’t reflect reality. In modern history, America is a country that systematically treats immigrants—documented or not—and non-white Americans in a way that is fundamentally different than what is considered right by the majority.

The Equal Protection Clause of the Fourteenth Amendment states,“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” When a suspected undocumented immigrant is detained, their basic human rights are violated. Warrantless raids on Greyhound buses within 100 miles of the border (an area referred to by some as the “Constitution-free zone”) are clear violations of human rights. These violations are not due to the current state of politics; they are the symptom of blatant racism in the United States and a system that denigrates and abuses people least able to defend themselves.

It is not surprising that some of the mechanisms that drive modern American racism are political in nature. Human beings are predisposed to dislike and distrust individuals that do not conform to the norms of their social group (Mountz, Allison). Some politicians appeal to this suspicion and wrongly attribute high crime rates to non-white immigrants. The truth is that immigrants commit fewer crimes than native-born Americans. In fact, people born in the United States are convicted of crimes at a rate twice that of undocumented non-natives (Cato Institute, 2018).

The majority of immigrants take high risks to seek a better life, giving them incentive to obey the laws of their new country. In many states, any contact with law enforcement may ultimately result in deportation and separation from family. While immigrants commit far fewer crimes, fear of violent crime by much of the U.S. population outweighs the truth. For some politicians, it is easier to sell a border wall to a scared population than it is to explain the need for reformed immigration policy. It’s easier to say that immigrants are taking people’s jobs than explain a changing global economy and its effect on employment. The only crime committed in this instance is discrimination.

Human rights are violated when an undocumented immigrant—or someone perceived as an undocumented immigrant—who has not committed a crime is detained on a Greyhound bus. When a United States citizen is detained on the same bus, constitutional rights are being violated. The fact that this happens every day and that we debate its morality makes it abundantly clear that racism is deeply ingrained in this country. Many Americans who have never experienced this type of oppression lack the capacity to understand its lasting effect. Most Americans don’t know what it’s like to be late to work because they were wrongfully detained, were pulled over by the police for the third time that month for no legal reason, or had to coordinate legal representation for their U.S. citizen grandmother because she was taken off a bus for being a suspected undocumented immigrant. This oppression is cruel and unnecessary.

America doesn’t need a wall to keep out undocumented immigrants; it needs to seriously address how to deal with immigration. It is possible to reform the current system in such a way that anyone can become a member of American society, instead of existing outside of it. If a person wants to live in the United States and agrees to follow its laws and pay its taxes, a path to citizenship should be available.

People come to the U.S. from all over the world for many reasons. Some have no other choice. There are ongoing humanitarian crises in Syria, Yemen, and South America that are responsible for the influx of immigrants and asylum seekers at our borders. If the United States wants to address the current situation, it must acknowledge the global factors affecting the immigrants at the center of this debate and make fact-informed decisions. There is a way to maintain the security of America while treating migrants and refugees compassionately, to let those who wish to contribute to our society do so, and to offer a hand up instead of building a wall.

Daniel Fries studies computer science. Daniel has served as a wildland firefighter in Oregon, California, and Alaska. He is passionate about science, nature, and the ways that technology contributes to making the world a better, more empathetic, and safer place.

Powerful Voice Winner

Emma Hernandez-Sanchez

Wellness, Business and Sports School, Woodburn, Ore.

An Emotion an Immigrant Knows Too Well

Before Donald Trump’s campaign, I was oblivious to my race and the idea of racism. As far as I knew, I was the same as everyone else. I didn’t stop to think about our different-colored skins. I lived in a house with a family and attended school five days a week just like everyone else. So, what made me different?

Seventh grade was a very stressful year—the year that race and racism made an appearance in my life. It was as if a cold splash of water woke me up and finally opened my eyes to what the world was saying. It was this year that Donald Trump started initiating change about who got the right to live in this country and who didn’t. There was a lot of talk about deportation, specifically for Mexicans, and it sparked commotion and fear in me.

I remember being afraid and nervous to go out. At home, the anxiety was there but always at the far back of my mind because I felt safe inside. My fear began as a small whisper, but every time I stepped out of my house, it got louder. I would have dreams about the deportation police coming to my school; when I went to places like the library, the park, the store, or the mall, I would pay attention to everyone and to my surroundings. In my head, I would always ask myself, “Did they give us nasty looks?,” “Why does it seem quieter?” “Was that a cop I just saw?” I would notice little things, like how there were only a few Mexicans out or how empty a store was. When my mom went grocery shopping, I would pray that she would be safe. I was born in America, and both my parents were legally documented. My mom was basically raised here. Still, I couldn’t help but feel nervous.

I knew I shouldn’t have been afraid, but with one look, agents could have automatically thought my family and I were undocumented. Even when the deportation police would figure out that we weren’t undocumented, they’d still figure out a way to deport us—at least that was what was going through my head. It got so bad that I didn’t even want to do the simplest things like go grocery shopping because there was a rumor that the week before a person was taken from Walmart.

I felt scared and nervous, and I wasn’t even undocumented. I can’t even imagine how people who are undocumented must have felt, how they feel. All I can think is that it’s probably ten times worse than what I was feeling. Always worrying about being deported and separated from your family must be hard. I was living in fear, and I didn’t even have it that bad. My heart goes out to families that get separated from each other. It’s because of those fears that I detest the “Constitution-free zone.”

Legally documented and undocumented people who live in the Constitution-free zone are in constant fear of being deported. People shouldn’t have to live this way. In fact, there have been arguments that the 100-mile zone violates the Fourth Amendment, which gives people the right to be protected from unreasonable searches and seizures of property by the government. Unfortunately, the U.S. Supreme Court has consistently upheld these practices.

One question that Lornet Turnbull asks in her YES! article “Two-Thirds of Americans Live in the ‘Constitution-Free Zone’” is, “How should we decide who is welcome in the U.S and who is not?” Instead of focusing on immigrants, how about we focus on the people who shoot up schools, rape girls, exploit women for human sex trafficking, and sell drugs? These are the people who make our country unsafe; they are the ones who shouldn’t be accepted. Even if they are citizens and have the legal right to live here, they still shouldn’t be included. If they are the ones making this country unsafe, then what gives them the right to live here?

I don’t think that the Constitution-free zone is an effective and justifiable way to make this country more “secure.” If someone isn’t causing any trouble in the United States and is just simply living their life, then they should be welcomed here. We shouldn’t have to live in fear that our rights will be taken away. I believe that it’s unfair for people to automatically think that it’s the Hispanics that make this country unsafe. Sure, get all the undocumented people out of the United States, but it’s not going to make this country any safer. It is a society that promotes violence that makes us unsafe, not a race.

Emma Hernandez-Sanchez is a freshman who is passionate about literature and her education. Emma wan ts to inspire others to be creative and try their best. She enjoys reading and creating stories that spark imagination. 

  Powerful Voice Winner

Tiara Lewis

Columbus City Preparatory Schools for Girls,

Columbus, Ohio

Hold Your Head High and Keep Those Fists Down

How would you feel if you walked into a store and salespeople were staring at you? Making you feel like you didn’t belong. Judging you. Assuming that you were going to take something, even though you might have $1,000 on you to spend. Sometimes it doesn’t matter. This is because people will always judge you. It might not be because of your race but for random reasons, like because your hair is black instead of dirty blonde. Or because your hair is short and not long. Or just because they are having a bad day. People will always find ways to bring you down and accuse you of something, but that doesn’t mean you have to go along with it.

Every time I entered a store, I would change my entire personality. I would change the way I talked and the way I walked. I always saw myself as needing to fit in. If a store was all pink, like the store Justice, I would act like a girly girl. If I was shopping in a darker store, like Hot Topic, I would hum to the heavy metal songs and act more goth. I had no idea that I was feeding into stereotypes.

When I was 11, I walked into Claire’s, a well-known store at the mall. That day was my sister’s birthday. Both of us were really happy and had money to spend. As soon as we walked into the store, two employees stared me and my sister down, giving us cold looks. When we went to the cashier to buy some earrings, we thought everything was fine. However, when we walked out of the store, there was a policeman and security guards waiting. At that moment, my sister and I looked at one another, and I said, in a scared little girl voice, “I wonder what happened? Why are they here?”

Then, they stopped us. We didn’t know what was going on. The same employee that cashed us out was screaming as her eyes got big, “What did you steal?” I was starting to get numb. Me and my sister looked at each other and told the truth: “We didn’t steal anything. You can check us.” They rudely ripped through our bags and caused a big scene. My heart was pounding like a drum. I felt violated and scared. Then, the policeman said, “Come with us. We need to call your parents.” While this was happening, the employees were talking to each other, smiling. We got checked again. The police said that they were going to check the cameras, but after they were done searching us, they realized that we didn’t do anything wrong and let us go about our day.

Walking in the mall was embarrassing—everybody staring, looking, and whispering as we left the security office. This made me feel like I did something wrong while knowing I didn’t. We went back to the store to get our shopping bags. The employees sneered, “Don’t you niggers ever come in this store again. You people always take stuff. This time you just got lucky.” Their faces were red and frightening. It was almost like they were in a scary 3D movie, screaming, and coming right at us. I felt hurt and disappointed that someone had the power within them to say something so harsh and wrong to another person. Those employees’ exact words will forever be engraved in my memory.

In the article, “Two-Thirds of Americans Live in the ‘Constitution-Free Zone’,” Lornet Turnbull states, “In January, they stopped a man in Indio, California, as he was boarding a Los Angeles-bound bus. While questioning this man about his immigration status, agents told him his ‘shoes looked suspicious,’ like those of someone who had recently crossed the border.” They literally judged him by his shoes. They had no proof of anything. If a man is judged by his shoes, who else and what else are being judged in the world?

In the novel  To Kill a Mockingbird , a character named Atticus states, “You just hold your head high and keep those fists down. No matter what anybody says to you, don’t you let’em get your goat. Try fighting with your head for a change.” No matter how much you might try to change yourself, your hairstyle, and your clothes, people will always make assumptions about you. However, you never need to change yourself to make a point or to feel like you fit in. Be yourself. Don’t let those stereotypes turn into facts.

Tiara Lewis is in the eighth grade. Tiara plays the clarinet and is trying to change the world— one essay at a time. She is most often found curled up on her bed, “Divergent” in one hand and a cream-filled doughnut in the other.

Hailee Park

 Wielding My Swords

If I were a swordsman, my weapons would be my identities. I would wield one sword in my left hand and another in my right. People expect me to use both fluently, but I’m not naturally ambidextrous. Even though I am a right-handed swordsman, wielding my dominant sword with ease, I must also carry a sword in my left, the heirloom of my family heritage. Although I try to live up to others’ expectations by using both swords, I may appear inexperienced while attempting to use my left. In some instances, my heirloom is mistaken for representing different families’ since the embellishments look similar.

Many assumptions are made about my heirloom sword based on its appearance, just as many assumptions are made about me based on my physical looks. “Are you Chinese?” When I respond with ‘no,’ they stare at me blankly in confusion. There is a multitude of Asian cultures in the United States, of which I am one. Despite what many others may assume, I am not Chinese; I am an American-born Korean.

“Then… are you Japanese?” Instead of asking a broader question, like “What is your ethnicity?,” they choose to ask a direct question. I reply that I am Korean. I like to think that this answers their question sufficiently; however, they think otherwise. Instead, I take this as their invitation to a duel.

They attack me with another question: “Are you from North Korea or South Korea?” I don’t know how to respond because I’m not from either of those countries; I was born in America. I respond with “South Korea,” where my parents are from because I assume that they’re asking me about my ethnicity. I’m not offended by this situation because I get asked these questions frequently. From this experience, I realize that people don’t know how to politely ask questions about identity to those unlike them. Instead of asking “What is your family’s ethnicity?,” many people use rude alternatives, such as “Where are you from?,” or “What language do you speak?”

When people ask these questions, they make assumptions based on someone’s appearance. In my case, people make inferences like:

“She must be really good at speaking Korean.”

“She’s Asian; therefore, she must be born in Asia.”

“She’s probably Chinese.”

These thoughts may appear in their heads because making assumptions is natural. However, there are instances when assumptions can be taken too far. Some U.S. Border Patrol agents in the “Constitution-free zone” have made similar assumptions based on skin color and clothing. For example, agents marked someone as an undocumented immigrant because “his shoes looked suspicious, like those of someone who had recently crossed the border.”

Another instance was when a Jamaican grandmother was forced off a bus when she was visiting her granddaughter. The impetus was her accent and the color of her skin. Government officials chose to act on their assumptions, even though they had no solid proof that the grandmother was an undocumented immigrant. These situations just touch the surface of the issue of racial injustice in America.

When someone makes unfair assumptions about me, they are pointing their sword and challenging me to a duel; I cannot refuse because I am already involved. It is not appropriate for anyone, including Border Patrol agents, to make unjustified assumptions or to act on those assumptions. Border Patrol agents have no right to confiscate the swords of the innocent solely based on their conjectures. The next time I’m faced with a situation where racially ignorant assumptions are made about me, I will refuse to surrender my sword, point it back at them, and triumphantly fight their ignorance with my cultural pride.

Hailee Park is an eighth grader who enjoys reading many genres. While reading, Hailee recognized the racial injustices against immigrants in America, which inspired her essay. Hailee plays violin in her school’s orchestra and listens to and composes music. 

Aminata Toure

East Harlem School, New York City, N.Y.

We Are Still Dreaming

As a young Muslim American woman, I have been labeled things I am not: a terrorist, oppressed, and an ISIS supporter. I have been accused of planning 9/11, an event that happened before I was born. Lately, in the media, Muslims have been portrayed as supporters of a malevolent cause, terrorizing others just because they do not have the same beliefs. I often scoff at news reports that portray Muslims in such a light, just as I scoff at all names I’ve been labeled. They are words that do not define me. 

In a land where labels have stripped immigrants of their personalities, they are now being stripped of something that makes them human: their rights. The situation described in Lornet Turnbull’s article, “Two-Thirds of Americans are Living in the ‘Constitution-Free Zone’,” goes directly against the Constitution, the soul of this country, something that asserts that we are all equal before the law. If immigrants do not have protection from the Constitution, is there any way to feel safe?

Although most insults are easy to shrug off, they are still threatening. I am ashamed when I feel afraid to go to the mosque. Friday is an extremely special day when we gather together to pray, but lately, I haven’t been going to the mosque for Jummah prayers. I have realized that I can never feel safe when in a large group of Muslims because of the widespread hatred of Muslims in the United States, commonly referred to as Islamophobia. Police surround our mosque, and there are posters warning us about dangerous people who might attack our place of worship because we have been identified as terrorists.

I wish I could tune out every news report that blasts out the headline “Terrorist Attack!” because I know that I will be judged based on the actions of someone else. Despite this anti-Muslim racism, what I have learned from these insults is that I am proud of my faith. I am a Muslim, but being Muslim doesn’t define me. I am a writer, a student, a dreamer, a friend, a New Yorker, a helper, and an American. I am unapologetically me, a Muslim, and so much more. I definitely think everyone should get to know a Muslim. They would see that some of us are also Harry Potter fans, not just people planning to bomb the White House.

Labels are unjustly placed on us because of the way we speak, the color of our skin, and what we believe in—not for who we are as individuals. Instead, we should all take more time to get to know one another. As Martin Luther King Jr. said in his “I Have a Dream” speech, we should be judged by the content of our character and not the color of our skin. To me, it seems Martin Luther King Jr.’s dream is a dream that should be a reality. But, for now, we are dreaming.

Aminata Toure is a Guinean American Muslim student. Aminata loves spoken-word poetry and performs in front of hundreds of people at her school’s annual poetry slam. She loves writing, language, history, and West African food and culture. Aminata wants to work at the United Nations when she grows up.

From the Author 

Dear Alessandra, Cain, Daniel, Tiara, Emma, Hailee, Aminata and Ethan,

I am moved and inspired by the thought each of you put into your responses to my story about this so-called “Constitution-free zone.” Whether we realize it or not, immigration in this country impacts all of us— either because we are immigrants ourselves, have neighbors, friends, and family who are, or because we depend on immigrants for many aspects of our lives—from the food we put on our tables to the technology that bewitches us. It is true that immigrants enrich our society in so many important ways, as many of you point out.

And while the federal statute that permits U.S. Border Patrol officers to stop and search at will any of the 200 million of us in this 100-mile shadow border, immigrants have been their biggest targets. In your essays, you highlight how unjust the law is—nothing short of racial profiling. It is heartening to see each of you, in your own way, speaking out against the unfairness of this practice.

Alessandra, you are correct, the immigration system in this country is in shambles. You make a powerful argument about how profiling ostracizes entire communities and how the warrantless searches allowed by this statute impede trust-building between law enforcement and the people they are called on to serve.

And Cain, you point out how this 100-mile zone, along with other laws in the state of Texas where you attended school, make people feel like they’re “always under surveillance, and that, at any moment, you may be pulled over to be questioned and detained.” It seems unimaginable that people live their lives this way, yet millions in this country do.

You, Emma, for example, speak of living in a kind of silent fear since Donald Trump took office, even though you were born in this country and your parents are here legally. You are right, “We shouldn’t have to live in fear that our rights will be taken away.”

And Aminata, you write of being constantly judged and labeled because you’re a Muslim American. How unfortunate and sad that in a country that generations of people fled to search for religious freedom, you are ashamed at times to practice your own. The Constitution-free zone, you write, “goes directly against the Constitution, the soul of this country, something that asserts that we are all equal before the law.”

Tiara, I could personally relate to your gripping account of being racially profiled and humiliated in a store. You were appalled that the Greyhound passenger in California was targeted by Border Patrol because they claimed his shoes looked like those of someone who had walked across the border: “If a man is judged by his shoes,” you ask, “who else and what else are getting judged in the world?”

Hailee, you write about the incorrect assumptions people make about you, an American born of Korean descent, based solely on your appearance and compared it to the assumptions Border Patrol agents make about those they detain in this zone.

Daniel, you speak of the role of political fearmongering in immigration. It’s not new, but under the current administration, turning immigrants into boogiemen for political gain is currency. You write that “For some politicians, it is easier to sell a border wall to a scared population than it is to explain the need for reformed immigration policy.”

And Ethan, you recognize the contributions immigrants make to this country through the connections we all make with them and the strength they bring to our society.

Keep speaking your truth. Use your words and status to call out injustice wherever and whenever you see it. Untold numbers of people spoke out against this practice by Border Patrol and brought pressure on Greyhound to change. In December, the company began offering passengers written guidance—in both Spanish and English—so they understand what their rights are when officers board their bus. Small steps, yes, but progress nonetheless, brought about by people just like you, speaking up for those who sometimes lack a voice to speak up for themselves.

With sincere gratitude,

Lornet Turnbull

Lornet Turnbull is an editor for YES! and a Seattle-based freelance writer. Follow her on Twitter  @TurnbullL .

We received many outstanding essays for the Winter 2019 Student Writing Competition. Though not every participant can win the contest, we’d like to share some excerpts that caught our eye:

After my parents argued with the woman, they told me if you can fight with fists, you prove the other person’s point, but when you fight with the power of your words, you can have a much bigger impact. I also learned that I should never be ashamed of where I am from. —Fernando Flores, The East Harlem School, New York City, N.Y.

Just because we were born here and are privileged to the freedom of our country, we do not have the right to deprive others of a chance at success. —Avalyn Cox, Brier Terrace Middle School, Brier, Wash.

Maybe, rather than a wall, a better solution to our immigration problem would be a bridge. —Sean Dwyer, Lane Community College, Eugene, Ore.

If anything, what I’ve learned is that I don’t know what to do. I don’t know how to change our world. I don’t know how to make a difference, how to make my voice heard. But I have learned the importance of one word, a simple two-letter word that’s taught to the youngest of us, a word we all know but never recognize: the significance of ‘we.’ —Enna Chiu, Highland Park High School, Highland Park, N.J.

Not to say the Border Patrol should not have authorization to search people within the border, but I am saying it should be near the border, more like one mile, not 100. —Cooper Tarbuck, Maranacook Middle School, Manchester, Maine.

My caramel color, my feminism, my Spanish and English language, my Mexican culture, and my young Latina self gives me the confidence to believe in myself, but it can also teach others that making wrong assumptions about someone because of their skin color, identity, culture, looks or gender can make them look and be weaker. —Ana Hernandez, The East Harlem School, New York City, N.Y.

We don’t need to change who we are to fit these stereotypes like someone going on a diet to fit into a new pair of pants. —Kaylee Meyers, Brier Terrace Middle School, Brier, Wash.

If a human being with no criminal background whatsoever has trouble entering the country because of the way he or she dresses or speaks, border protection degenerates into arbitrariness. —Jonas Schumacher, Heidelberg University of Education, Heidelberg, Germany

I believe that you should be able to travel freely throughout your own country without the constant fear of needing to prove that you belong here . —MacKenzie Morgan, Lincoln Middle School, Ypsilanti, Mich.

America is known as “the Land of Opportunity,” but this label is quickly disappearing. If we keep stopping those striving for a better life, then what will become of this country? —Ennyn Chiu, Highland Park Middle School, Highland Park, N.J.

The fact that two-thirds of the people in the U.S. are living in an area called the “Constitution-free zone” is appalling. Our Constitution was made to protect our rights as citizens, no matter where we are in the country. These systems that we are using to “secure” our country are failing, and we need to find a way to change them. —Isis Liaw, Brier Terrace Middle School, Brier, Wash.

I won’t let anyone, especially a man, tell me what I can do, because I am a strong Latina. I will represent where I come from, and I am proud to be Mexican. I will show others that looks can be deceiving. I will show others that even the weakest animal, a beautiful butterfly, is tough, and it will cross any border, no matter how challenging the journey may be. —Brittany Leal, The East Harlem School, New York City, N.Y.

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Making Immigration Law

• Hiroshi Motomura
• See full issue

Introduction

Every scholar, writer, and observer must strive constantly to balance knowing something very well and not letting that knowledge be so confining that it inhibits understanding and wisdom. Some fields of law are so complex in fact and so exceptional in reputation that they inspire and reward specialization. Immigration law is such a field, but specialization brings the risk of tunnel vision and failure to appreciate fully the significance of what one comes to know. At the same time, a field as complex and exceptional as immigration law is a trap for scholars in other fields who parachute in, only to discover that their familiar conceptual frameworks find little traction or lead them into the blunders of dilettantes.

Some of the most valuable legal scholarship combines deep knowledge of an area of law with a breadth of understanding and vision that mines the broader lessons that the particular area has to offer. To be concrete, what can immigration law tell us about American public law in general, and what can American public law in general tell us about immigration law? From this perspective, The President and Immigration Law , by Professors Adam B. Cox and Cristina M. Rodríguez, is an essential example of this kind of valuable scholarship. By building a bridge between immigration law and U.S. administrative and public law more generally, it makes a major contribution in both fields.

As its title promises, the book analyzes the authority of the President of the United States to shape immigration law and policy. It is conceptually coherent and written with clarity and elegance. Even when Cox and Rodríguez cover ground that will be familiar or intuitive to many readers, they find subtlety and new meaning.

The President and Immigration Law makes two substantial contributions to scholarship and policy analysis. One contribution is its nuanced and persuasive historical account of the rise of presidential power over immigration. The other is its analysis of the current relationship between Congress and the President as “co-principals” in making immigration law (p. 193). Grounded in exhaustive research supplemented by interviews with former high-ranking executive branch officials, the book’s framework and analysis are illuminating. Cox and Rodríguez offer much that is thought-provoking — even to readers who do not agree fully with the authors’ historical account, analysis of the current situation, or prescriptions for the future. Virtually every page delivers arresting insights and probing questions.

The book’s analytical architecture has two dimensions. The first is temporal; Cox and Rodríguez look back at the past and ahead to the future. Their retrospective explains how presidential immigration power evolved from the late eighteenth century through its great expansion in the late twentieth century (pp. 17–46) to its current scope. The book also looks ahead to the future, exploring reforms that can mobilize the virtues of presidential power while curbing its vices (pp. 238–47).

The second dimension of The President and Immigration Law is geographical. Cox and Rodríguez show how Presidents have exercised their immigration power outward — at the border and beyond. Relying on several federal statutes, 1 Presidents have sometimes opened the border to certain newcomers and at other times barred certain others. 2 Cox and Rodríguez also show how Presidents have exercised their power over immigration inside the United States, especially through domestic immigration enforcement. The source of this power is not specific statutes but rather a massive immigration enforcement system marked with vast discretion to deport noncitizens, or to leave them be (pp. 79–130).

When Cox and Rodríguez explore the history of presidential immigration power, they examine both the domestic and the international. Especially in the domestic domain, their claim that they counter a “conventional wisdom” of congressional primacy in the making of immigration law (p. 5) seems exaggerated, as I explain in Part II of this Review. Few take any such wisdom seriously, even while mouthing the words. Moreover, much of Cox and Rodríguez’s analysis of the domestic aspects of presidential immigration power will be familiar to readers who know immigration law. But the book makes substantial contributions by reinterpreting what is familiar in immigration law to answer questions that immigration law scholars often overlook but are typical in public law scholarship. In this way, Cox and Rodríguez put immigration law scholars in conversation with scholars of U.S. public law more generally.

When Cox and Rodríguez look to the future, their main focus is domestic. They view presidential immigration power as a symptom of a “structural problem” in domestic enforcement (p. 4), and they end with a detailed domestic analysis. 3 This discussion has great value, but it remains an incomplete assessment of the future. Viewed broadly, The President and Immigration Law looks historically at the domestic and the international, and ahead to domestic presidential immigration power. Its incomplete quadrant is the international future of presidential immigration power.

For all of its many virtues, then, the book does not engage fully with the international aspects of the migration-related challenges that Presidents are likely to face in the coming years and decades. Events and trends outside U.S. borders — war, civil unrest, and climate change, to mention just a few — are likely in the future to influence migration to the United States even more than they do today. Put differently, Cox and Rodríguez analyze the President’s immigration power inside the United States much more completely than they analyze the President’s outward-facing power. This asymmetry is puzzling, given the ambitious scope of their analysis in other respects, and especially given the prominent exercise of this outward-facing power in the Trump Administration. I will explain why this quadrant is incomplete, why it matters, and what else it might have said.

Part I of this Review examines the book’s historical account of presidential immigration power as it operates internationally at the border and beyond. This account is a very valuable part of Cox and Rodríguez’s analysis. Part II assesses the book’s treatment of presidential power in the context of domestic enforcement. Here, Cox and Rodríguez find new, broader meaning in arguments and analyses that may seem familiar. Part III concludes by suggesting why and how the future of presidential immigration power will most likely return to its international origins more than Cox and Rodríguez acknowledge. In the future, the most significant presidential decisions in responding to migration will probably not be domestic. They are more likely to be outward-facing decisions that influence the conditions that cause people to migrate, not just from their countries of origin but also through countries of transit to the United States and other destinations.

* Susan Westerberg Prager Distinguished Professor of Law and Faculty Co-Director, Center for Immigration Law and Policy, School of Law, University of California, Los Angeles (UCLA). I am grateful to Ahilan Arulanantham, Ming Hsu Chen, Deep Gulasekaram, Lucas Guttentag, David Hausman, Dan Kanstroom, Catherine Kim, Stephen Lee, and Jon Michaels for helpful conversations and comments on earlier drafts, and to Sophie Kosmacher, UCLA School of Law Class of 2022, for outstanding research, editing, and critique.

^ See, e.g. , Immigration and Nationality Act (INA) § 212(d)(5), 8 U.S.C. § 1182(d)(5) (authorizing parole); id. § 212(f), 8 U.S.C. § 1182(f) (authorizing suspension of entry).

^ Compare the use of parole to allow entry from Cuba starting in the 1960s (pp. 55–56) with the Trump Administration’s ban on entry from several mostly Muslim-majority countries (pp. 62–63).

^ Any attempt to distinguish the domestic from the international will run into gray areas. Later in this Review, I address some situations that defy easy classification, but the distinction still has core substance.

• Administrative Law
• Executive Power
• Foreign Affairs
• Immigration
• Immigration Law
• International Law
• Separation of Powers

June 10, 2021

More from this Issue

The president’s conditional pardon power, united states v. jones.

Seventh Circuit Holds Above-Guidelines Sentence Was Inadequately Justified, But Foreshadows Same Sentence on Remand.

Otto v. City of Boca Raton

Eleventh Circuit Invalidates Minor Conversion Therapy Bans.

Immigrants in California

Marisol Cuellar Mejia , Cesar Alesi Perez , and Hans Johnson

California has more immigrants than any other state.

• California is home to 10.4 million immigrants—23% of the foreign-born population nationwide.
• In 2022, the most current year of data, 27% of California’s population was foreign born, the highest share of any state and more than double the percentage in the rest of the country (12%).
• Almost half (46%) of California children have at least one immigrant parent.
• More than a third (34%) of prime-working-age adults—those 25 to 54—are foreign born; indeed, 53% of all foreign-born Californians are in this age group.

Immigration flows increased in the past year, but remain low by historic standards.

• From 2010 to 2022, California’s immigrant population increased only 3% (by about 310,000), compared to a 14% (or 1.2 million) increase from 2000 to 2010, and a 37% (or 2.4 million) rise in the 1990s.
• This fall-off in international immigration has contributed to the slowdown of California’s overall population growth in recent decades.
• Recent Department of Finance estimates show that net immigration to California rose to 116,000 from July 2022 to July 2023. Between July 2020 and July 2021, California’s net immigration flow was at its lowest point (27,400) in at least three decades—a consequence of the pandemic and policies that limited travel .

The vast majority of immigrants in California are documented residents.

• In 2022, more than half (54%) of California’s immigrants were naturalized US citizens. This share has increased consistently since 1990 when only 31% of immigrants were naturalized.
• The Pew Research Center estimates that 1.85 million immigrants in California were undocumented in 2021, down from 2.80 million in 2007. The share of immigrants who are undocumented declined from 28% in 2007 to 18% in 2021. In 2021, 82% were either citizens or had some other legal residency status.

California’s immigrant population is concentrated in coastal metropolitan areas.

• Immigrants are concentrated in the state’s large coastal counties. In 2022, foreign-born residents represented at least one-third of the population in Santa Clara (41%), San Mateo (36%), Alameda (34%), San Francisco (34%), and Los Angeles (33%) Counties.
• Meanwhile, in some of the far northern counties of the state such as Humboldt (6%), Shasta (5%), and Butte (8%), foreign-born residents made up a very small share of the population.

Almost half of immigrants are from Latin America, but a majority of recent arrivals are from Asia.

• The vast majority of California’s immigrants were born in Latin America (49%) or Asia (40%).
• California has large numbers of immigrants from dozens of countries; the leading countries of origin are Mexico (3.8 million), the Philippines (807,300), China (784,700), India (580,800) and Vietnam (521,100).
• Among immigrants who arrived between 2013 and 2022, more than half (51%) were born in Asia, while 35% were born in Latin America.

California’s immigrants have varying levels of education.

• Foreign-born residents accounted for 70% of those age 25 to 64 without a high school diploma and 32% of those with at least a bachelor’s degree.
• Overall, 48% of California’s immigrants have no more than a high school diploma, compared with 28% of US-born Californians. A third (34%) of foreign-born residents have bachelor’s degrees, compared to 40% of US-born residents.
• However, slightly over half (52%) of immigrants who came to the state between 2013 and 2022—and 65% of those who were born in Asia—have at least a bachelor’s degree.

Most of California’s immigrants speak at least some English.

• About two-thirds (67%) of immigrants in California report speaking English very well or well, 22% speak English but not well, and 11% speak no English.
• Even among recent immigrants, those in the US for five years or less, 60% report speaking English well or very well, while 18% speak no English.
• Most immigrants speak a language other than English at home; Spanish (51%), Chinese, (10%), Tagalog (5.9%), Vietnamese (4.7%), and Korean (3.1%) are most commonly spoken.

Californians have positive views of immigrants.

• When Californians are asked whether immigration is good or a bad for the US, 69% say it is a good thing. Four in ten say immigration should be kept at its present level; 36% say it should be decreased and about 24% say it should be increased.
• An even larger share (80%) favor providing a path to citizenship for undocumented immigrants who meet certain requirements (e.g., waiting periods, fines and back taxes, and criminal background checks).

Sources: American Community Survey and decennial census data from the US Census Bureau and IPUMS; Ruggles et al., Integrated Public Use Microdata Series: Version 6.0 (University of Minnesota, 2023); Pew Research Center ; PPIC Statewide Survey: Californians and Their Government (PPIC, June 2023 and September 2023 ).

California’s Population

California’s Changing Immigration Is Reshaping Its Electorate

Health Conditions and Health Care among California’s Undocumented Immigrants

Race and Diversity in the Golden State

Policy Brief: Pandemic Changes to Medi-Cal and Implications for California’s Immigrant Farmworkers

Health Coverage and Care for Undocumented Immigrants: An Update

Californians See Problems at the Border but Sympathize with Migrants

Commentary: The Importance of Californians’ Views on Immigration Policies

California’s Highly Educated Immigrants

California’s Hispanic Community

California’s AAPI Community

Ukrainian Immigrants in California

Comprehensive Immigration Reform Could Diversify California’s Electorate

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A Passion for Immigration Law

W. Paul Alvarez, '16

W. Paul Alvarez’s (’16) passion for immigration law is rooted in his own immigration story. Paul was born in Ecuador and later became a naturalized citizen of the United States. "My parents believed that the best chance we had for a better life was to immigrate to the United States. We wanted a chance to live the ‘American Dream’ that we had heard so much about. Therefore, my family settled in New York and we assimilated quickly. However, as assimilated as we were, we were still living unlawfully in this country. My father knew that the key to our survival was to obtain lawful status that would allow us to live freely in this country. Through an employment sponsorship, my father was able to obtain permanent resident status for our family. I knew at that moment that our life had changed because becoming a permanent resident of the United States would open so many different opportunities for my family. There and then I knew that I wanted to help other immigrants achieve the ‘American Dream’ that I was blessed to have been given."

From that point, every educational step that Paul took was with the motivation to become someone who could help others achieve their "American Dream" as he and his family had achieved theirs. Attending SUNY Oneonta, Paul was a political science and Spanish major. He was frequently on the Dean’s List, a member of the pre-law society and President of the fraternity Tau Kappa Epsilon. "I knew that my ultimate journey would be law school."

After receiving his Bachelor’s degree, Paul decided to help run his family owned business, Alvarez Cleaning Service, Inc. To date, he has served as an owner, manager, and bookkeeper for the company. In 2016 he was awarded Business Person of the Year by the Pleasantville Chamber of Commerce. While still working for his family business, Paul also applied for and was offered a paralegal position at Julie Mullaney Attorney at Law, a small law firm in Westchester, focusing on immigration law. "It was great experience. I was able to see what an immigration attorney did from A to Z, ranging from larger issues to day-to-day issues. And, most importantly, it re-solidified my desire to attend law school and become an immigration attorney."

As for choosing Pace Law – "it just made sense," and had everything Paul was looking for – from location in Westchester, but close to New York City to a top-notch immigration law program featuring practical and classroom learning. While at Pace, Paul immersed himself in as much as he was able. "I was a member of the Pace Law Advocacy Honor Board as the Director of Internal Competitions; I participated in every oral advocacy competition that I was able – from immigration, to criminal law, to sports arbitration. I was the president and one of the founding members of the Immigration Law Student Organization, Vice-President of the Public Interest Law Student Organization and the Vice President of the Latin American Law Students Association, a representative for BARBRI, and Admissions Ambassador and Mentor, part of the Faculty-Student band, and player on the Pace intramural soccer team. I looked at every opportunity as a way to broaden my perspective and meet new people. And, I was fortunate to have so many opportunities."

Significantly, while Paul was at Pace he was a student attorney with the Pace Criminal Justice Clinic and the Pace Immigration Justice Clinic. He gained practical, hands-on, real-life, attorney experience through both of these opportunities. "I was doing things in these Clinics that most law students experience for the first time only as admitted attorneys. It was fascinating." His three most influential professors in law school were Vanessa Merton, David Dorfman and Lou Fasulo because each one of them taught him so many important lessons on becoming a zealous attorney that he will carry on for the rest of his career.

Today, Paul is an Associate Attorney at the office of Julie Mullaney Attorney at Law, the same firm that gave him his start as a paralegal before attending Law School. "I have worked in the immigration field as a paralegal, law clerk, and now an attorney for the last ten years. I have experience representing detained and non-detained clients in a variety of immigration matters. While working in the immigration field, one recurring theme that I have observed is the lack of knowledge that immigrants have regarding their rights. It is sad and frustrating to see that the lives of many immigrants are put in jeopardy because they either did not understand the gravity of their situation or they were taken advantage of by "notarios" who prey on the vulnerability of immigrants. My mission has been to guide my clients in the complex immigration matters and to coordinate community outreach programs that inform immigrants about their rights and opportunities for immigration relief. In this very difficult immigration climate, I’m willing to do everything that I can to keep families together."

Paul is also involved in various legal organizations – he is a member of the New York State Bar Association and the Westchester County Bar Association. Within the New York Chapter of the American Immigration Lawyers Association (AILA) he has served as the Secretary of the Student Liaison Committee and is also a member of the Citizenship Day Committee and a member of the UPL and Ethics Committee.

In his spare time, Paul enjoys spending time with his family and friends. He is die-hard Yankee fan who also roots for the NY Giants and Rangers. He is enjoys playing in recreational soccer and kickball leagues.

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Apr 10, 2023

How To Write Essays About Immigration (With Examples)

Immigrants bring diverse perspectives and skills that can enrich our societies and economies. If you want to gain insight into the impact of immigration on society and culture, keep reading!

Immigration, a subject deeply woven into the fabric of global discussions, touches on political, economic, and social nuances. As globalization propels many to seek new horizons, understanding the multifaceted impacts of migration is crucial. Crafting a compelling essay on such a vast topic requires more than just research; it demands the delicate weaving of insights into a coherent narrative. For those keen on delivering a polished essay on immigration, considering assistance from a reliable essay writing tool can be a game-changer. This tool not only refines the craft of writing but ensures your perspectives on immigration are articulated with clarity and precision.

Here are our Top 5 Essay Examples and Ideas about Immigration:

The economic impact of immigration on host countries, introduction.

In many nations, immigration has been a hotly debated issue, with supporters and opponents disputing how it would affect the home nation. The economic impact of immigration on host countries is one of the essential components of this discussion. Immigration's economic effects may be favorable or harmful, depending on many circumstances.

This article will examine the economic effects of immigration on the receiving nations, examining both the advantages and disadvantages that immigration may have. You will better know how immigration impacts a nation's economy and the variables that influence it after this article.

Immigration's effects on labor markets

An essential component of the total economic impact of immigration is how it affects labor markets. Immigration may affect labor markets, including shifting labor supply and demand, opening new job possibilities, and perhaps affecting local employees' earnings and prospects. This section will examine how immigration affects labor markets in receiving nations.

The shift in the labor supply is one of immigration's most apparent effects on labor markets. When more employees are available in the host nation due to immigration, there may be more competition for open positions. In fields that serve immigrant populations, such as ethnic food shops or language schools, immigrants can also generate new jobs.

Another significant impact of immigration on labor markets is its effect on wages and income distribution. Some studies have suggested that immigration can reduce wages for native workers, particularly those who are less educated or have lower skill levels. 

Immigrants can also contribute to economic growth and innovation, which can positively impact labor markets. Immigrants often have unique skills, experiences, and perspectives that can help drive innovation and create new job opportunities in the host country. Furthermore, immigrants are often more entrepreneurial and more likely to start businesses, which can generate new jobs and contribute to economic growth.

The effect of immigration on wages and income distribution

The effect of immigration on wages and income distribution is a crucial area of concern in the overall economic impact of immigration. Immigration can affect wages and income distribution in various ways, which can have significant implications for both native workers and immigrants. In this section, we will explore the effect of immigration on wages and income distribution in host countries.

One of the primary ways that immigration can impact wages and income distribution is by changing the supply and demand of labor. With an influx of immigrants, the labor supply increases, which can lead to increased competition for jobs. Some studies suggest that immigration harms wages for native workers, while others offer no significant effect.

Another way that immigration can impact wages and income distribution is through its effect on the composition of the workforce. Immigrants often fill low-skilled jobs in industries such as agriculture, construction, and hospitality, which tend to pay lower wages. 

Immigration can also impact income distribution by contributing to the overall level of economic inequality in a host country. While immigration can lead to lower wages for some native workers, it can also lead to higher wages and increased economic mobility for some immigrants. Furthermore, immigrants may face various barriers to upward mobility, such as discrimination or lack of access to education and training. This can lead to increased income inequality between native and immigrant workers.

The contribution of immigrants to economic growth and innovation

Immigrants have historically played a significant role in driving economic growth and innovation in host countries. In this section, we will explore the contribution of immigrants to economic growth and innovation and the factors that enable them to do so.

One of the primary ways that immigrants contribute to economic growth is through their entrepreneurial activities. Immigrants are often more likely to start their businesses than native-born individuals, and these businesses can create jobs and drive economic growth. Immigrant entrepreneurs have contributed to developing industries such as technology, healthcare, and hospitality. Additionally, immigrants are often overrepresented in STEM fields, which is critical to driving innovation and economic growth.

Another way that immigrants contribute to economic growth is through their impact on the labor force. Immigrants tend to be more mobile than native-born individuals, which can lead to a more flexible and adaptable workforce. Immigrants also tend to fill critical roles in industries such as healthcare and agriculture, which are essential to maintaining the functioning of the economy. By filling these roles, immigrants contribute to the overall productivity and growth of the economy.

The costs and benefits of social welfare programs for immigrants

The issue of social welfare programs for immigrants has been a controversial topic in many host countries. In this section, we will explore the costs and benefits of social welfare programs for immigrants and the policy implications.

One of the primary benefits of social welfare programs for immigrants is that they can help reduce poverty and promote social inclusion. Immigrants often face significant barriers to economic mobility, such as language barriers and discrimination. Social welfare programs can help provide a safety net for those struggling to make ends meet and promote social cohesion by reducing inequalities.

However, social welfare programs for immigrants also come with costs. One concern is that these programs may attract immigrants primarily seeking to access social welfare benefits rather than contributing to the economy. This can strain public finances and create resentment among native-born individuals who feel their tax dollars are being used to support immigrants.

Another concern is that social welfare programs may create disincentives for immigrants to work and contribute to the economy. If the benefits of social welfare programs are too generous, some immigrants may choose to rely on them rather than seek employment. This can create long-term dependence and reduce overall economic productivity.

The impact of immigration on public finances and fiscal policies

The effect of immigration on public finances and fiscal policies is a topic of significant interest and debate. This section will explore how immigration affects public finances and how host countries can implement budgetary policies to manage the impact.

One way that immigration can impact public finances is through taxes. Immigrants who are employed and pay taxes can contribute to the tax base of the host country, which can provide additional revenue for public services and infrastructure. However, immigrants who are not employed or earn low wages may contribute fewer taxes, which can strain public finances. 

Fiscal policies can be used to manage the impact of immigration on public finances. One guideline is to increase taxes on immigrants to offset the costs of public services they use. However, this can create a disincentive for highly skilled and educated immigrants to migrate to the host country. Another policy is to increase spending on public services to accommodate the needs of immigrants. However, this can strain public finances and lead to resentment among native-born individuals who feel their tax dollars are being used to support immigrants.

In conclusion, the economic impact of immigration is a complex issue with both costs and benefits for host countries. Immigration can impact labor markets, wages and income distribution, economic growth and innovation, social welfare programs, public finances, and fiscal policies. 

The social and cultural implications of immigration

Immigration has social and cultural implications that affect both immigrants and host countries. The movement of people from one place to another can result in a blending of cultures, traditions, and ideas. At the same time, immigration can also result in social and cultural tensions as different groups struggle to integrate and adjust to new environments. 

The social and cultural implications of immigration have become increasingly important in today's globalized world as the movement of people across borders has become more common. In this article, we will explore the various social and cultural implications of immigration and how they impact immigrants and host communities.

The impact of immigration on social cohesion and integration

Immigration has a significant impact on social cohesion and integration in host countries. Social cohesion refers to the degree to which members of a society feel connected and share a sense of belonging. In contrast, integration refers to the process by which immigrants become a part of the host society. Immigration can either enhance or hinder social cohesion and integration, depending on how it is managed and perceived by the host society.

Another factor that can impact social cohesion and integration is the level of diversity within the host society. Increased diversity can lead to greater cultural exchange and understanding but also social tensions and the formation of segregated communities. Promoting social interaction and cooperation among diverse groups can help mitigate these tensions and promote social cohesion.

The perception of immigrants by the host society also plays a significant role in social cohesion and integration. Negative stereotypes and discriminatory attitudes can hinder integration and create barriers to social cohesion. On the other hand, positive attitudes towards immigrants and their contributions to society can facilitate integration and promote social cohesion.

The role of language and communication in the integration of immigrants

Language and communication play a crucial role in integrating immigrants into host societies. Immigrants may need the ability to communicate effectively with others to overcome significant barriers to social and economic integration. Language and communication skills are essential for accessing education, finding employment, and participating in civic life.

Language is one of the primary barriers immigrants face when integrating into a new society. Without proficiency in the host country's language, immigrants may struggle to understand instructions, participate in conversations, and access essential services. This can lead to social isolation and hinder economic opportunities.

Language training programs are one way to address this issue. Effective language training programs can help immigrants learn the host country's language and develop the communication skills necessary for successful integration. These programs can also give immigrants the cultural knowledge and understanding essential to navigate the host society.

The effect of immigration on cultural diversity and identity

Immigration can significantly impact the cultural diversity and identity of both host societies and immigrant communities. The cultural exchange resulting from immigration can enrich societies and provide opportunities for learning and growth. However, immigration can also pose challenges to preserving cultural identities and maintaining social cohesion.

One of the primary ways in which immigration affects cultural diversity and identity is through the introduction of new customs, traditions, and beliefs. Immigrant communities often bring unique cultural practices, such as food, music, and art, that can enhance the cultural landscape of the host society. Exposure to new cultures can broaden the perspectives of individuals and communities, leading to greater tolerance and understanding.

The challenges and benefits of multiculturalism in host countries

Multiculturalism refers to the coexistence of different cultural groups within a society. It is a concept that has become increasingly important in modern societies characterized by race, ethnicity, religion, and language diversity. 

Multiculturalism is often promoted to promote tolerance, social cohesion, and the celebration of diversity. 

Challenges of multiculturalism

Multiculturalism presents a range of challenges that can impact host societies. These challenges include social division, discrimination, language barriers, and cultural clashes. For example, when immigrants share different values or traditions than the host society, this can lead to misunderstandings and conflict. Similarly, language barriers can limit communication and make it difficult for immigrants to integrate into the host society.

Benefits of multiculturalism

Multiculturalism can also bring a range of benefits to host societies. These benefits include increased cultural awareness and sensitivity, economic growth, and exchanging ideas and perspectives. For example, cultural diversity can provide opportunities for host societies to learn from different cultural practices and approaches to problem-solving. This can lead to innovation and growth.

Social cohesion

Social cohesion refers to the ability of a society to function harmoniously despite differences in culture, ethnicity, religion, and language. Multiculturalism can pose a challenge to social cohesion, but it can also promote it. Host societies can foster social cohesion by promoting the acceptance and understanding of different cultural groups. This can be achieved through policies and programs that promote intercultural dialogue, education, and community-building.

Discrimination and prejudice

Multiculturalism can also increase the risk of discrimination and prejudice. Discrimination can take many forms, including racial, religious, and cultural bias. Host societies can combat discrimination by implementing anti-discrimination laws and policies and promoting diversity and inclusion.

Economic benefits

Multiculturalism can also bring economic benefits to host societies. The presence of a diverse range of skills and talents can lead to innovation and economic growth. Immigrants can also get various skills and experiences contributing to the host society's economic development.

In conclusion, immigration has significant social and cultural implications for both host countries and immigrants. It affects social cohesion, integration, cultural diversity, and identity. Host countries face challenges and benefits of multiculturalism, including economic growth, innovation, and social change.

The role of immigration in shaping national identity

Immigration has always been a significant driver of cultural and social change, with immigrants often bringing their unique identities, values, and traditions to their new homes. As a result, immigration can play a crucial role in shaping national identity, as it challenges existing cultural norms and values and introduces new ideas and perspectives. 

In this article, we will explore the role of immigration in shaping national identity, including its effects on cultural diversity, social cohesion, and political discourse. We will also discuss the challenges and opportunities presented by immigration to national identity and the importance of embracing a diverse and inclusive national identity in today's globalized world.

Immigration and the evolution of national identity

The relationship between immigration and national identity is complex, as immigration can challenge and reinforce existing national identities. As immigrants bring new cultural practices and values, they challenge the existing norms and values of the host society, prompting a re-evaluation of what it means to be part of that society. This can create a more inclusive and diverse national identity as different cultural traditions and practices are recognized and celebrated.

At the same time, the influx of new immigrants can also create a sense of fear and anxiety among some members of the host society, who may view the changes brought about by immigration as a threat to their cultural identity. This can lead to calls for stricter immigration policies and a more limited definition of national identity, which can exclude or marginalize certain groups.

The role of immigrants in shaping cultural diversity

Immigrants have played a significant role in shaping cultural diversity in many countries. Their arrival in a new land brings their customs, traditions, beliefs, and practices, which contribute to society's richness and vibrancy. 

One of the key ways in which immigrants have shaped cultural diversity is through their contributions to the local community. Immigrants bring a wealth of knowledge, skills, and talents that can benefit the societies they move to. For example, they may introduce new cuisines, music, art, and literature that add to the cultural landscape of their new home. This can create a more diverse and inclusive society where different cultures are celebrated and appreciated.

Another important aspect of cultural diversity is the challenges immigrants face when adapting to a new culture. Moving to a new country can be a daunting experience, especially if the culture is vastly different from one's own. Immigrants may struggle with language barriers, cultural norms, and social customs that are unfamiliar to them. This can lead to feelings of isolation and exclusion, which can negatively impact their mental health and well-being.

The challenges of maintaining social cohesion amidst diversity

Strengthening social cohesion amidst diversity is a complex challenge many societies face today. Cultural, ethnic, religious, and language diversity can lead to tensions and conflicts if managed poorly. 

One of the main challenges of maintaining social cohesion amidst diversity is the need to balance the interests of different groups. This involves recognizing and respecting the cultural, religious, and linguistic diversity of society while also promoting a sense of shared identity and common values. This can be particularly challenging in contexts with competing interests and power imbalances between different groups.

Another challenge is the need to address discrimination and prejudice. Discrimination can take many forms, including unequal access to education, employment, housing, hate speech, and violence. Prejudice and stereotypes can also lead to social exclusion and marginalization of certain groups. Addressing these issues requires a concerted effort from the government, civil society, and individuals to promote tolerance and respect for diversity.

Promoting inclusive policies is another crucial factor in maintaining social cohesion amidst diversity. This includes policies promoting equal opportunities for all, regardless of background. This can involve affirmative action programs, targeted social policies, and support for minority groups. Inclusive policies can also create a sense of belonging and ownership among different groups, which helps foster social cohesion.

In conclusion, immigration profoundly influences the formation of national identity. As individuals from various backgrounds merge into a new country, they not only introduce their distinct cultural and ethnic traits but also embark on a journey of personal growth and adaptation. This process mirrors the development of key skills such as leadership, character, and community service, essential for thriving in diverse environments. These attributes are not only vital for immigrants as they integrate into society but are also exemplified in successful National Honor Society essays , where personal growth and societal contribution are celebrated. Thus, the experiences of immigrants significantly enrich the societal tapestry, reflecting in our collective values, beliefs, and practices.

To sum it all up:

To recapitulate writing a five-paragraph essay about immigration can be challenging, but with the right approach and resources, it can be a rewarding experience. Throughout this article, we have discussed the various aspects of immigration that one can explore in such an essay, including the economic impact, social and cultural implications, and the evolution of national identity. 

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Evangeline abriel.

T visas: A Critical Immigration Option for Survivors of Human Trafficking. with Co-Authors. 1st ed. Immigration Legal Resource Center (2019 )

Vawa Manual: Immigration Relief for Abused Immigrants with Sally Kinoshita. 7th edition. Immigration Legal Resource Center (2020)

VAWA Manual: Immigration Relief for Abused Immigrants with Kinoshita. 5th edition. ILRC (2008) | Link to Library Catalog

The VAWA Manual with Kinoshita. 2006 edition. Catholic Legal Immigration Network, Inc., Immigrant Legal Resource Center (2006)

VAWA Manual: Immigration Remedies for Abused Noncitizens with Kinoshita. 2005 edition. Catholic Legal Immigration Network, Inc. and the Immigrant Legal Resource Center (2005) | Link to Library Catalog

A Guide for Legal Advocates Providing Services to Victims of Human Trafficking with the United States Conference of Catholic Bishops, Migration and Refugee Services, Catholic Legal Immigration Network, and the Legal Aid Foundation of Los Angeles. CLINIC (2004) (Prepared under a generous grant from the United States Department of Health and Human Services, Office of Refugee Resettlement. Updated 2006)

VAWA Manual: Immigration Remedies for Abused Noncitizens with Kinoshita. Catholic Legal Immigration Network, Inc., Immigrant Legal Resource Center (2002)

Immigration Law and the Impact of Crimes with Catholic Legal Immigration Network, Inc., Catholic Charities Hispanic Community Outreach of Des Moines. 2nd edition. Catholic Legal Immigration Network (2002)

Louisiana Street Law Supplement with Housh. Loyola University School of Law (1995)

Review of Immigration Decisions Before the Ninth Circuit in Ninth Circuit Appellate Lawyer Representatives Practice Guide. (2017)

Changing the Rules of the Game: Does BIA Precedent Apply Retroactively to Your Client’s Criminal Conviction? with Kara Hartzler and Raha Jorjani in 30th Annual AILA California Chapter CLE Conference Handbook. 37-44 (2017)

The Diversification of Protection Law in the United States in Immigration Law: United States and International Perspectives on Asylum and Refugee Status. Washington College of Law, the American University (1994) (Also published as an article with the same title in Symposium: Immigration Law: United States and International Perspectives on Asylum and Refugee Status , 9 American University Journal of International Law and Policy 1-24 (August 1994) Published as a joint issue with 16 Loyola of Los Angeles International and Comparative Law Journal ) | Link to Digital Commons

The California Way: an Analysis of California’s Immigrant-Friendly Changes to its Criminal Laws, 66 Howard Law Journal 517-569 (2023)

Crimes Involving Moral Turpitude: Changing Definitions and Strategies, with Laura St. John, Michael Sharma-Crawford, and Jeff Widdison, in the American Immigration Lawyers Association, (20-21 ed.) Immigration Practice Pointers: Tips for Handling Complex Cases 515-535 (2021)

Credibility Determinations in Removal Proceedings, with Ilana Greenstein, Ruben Reyes, and Denise Slavin, Conference Handbook, AILA 2020 Virtual Immigration Court Conference 24-33 (September 2020)

Protecting the Victims: The T Non-Immigrant Visa, 7 Bender's Immigration Bulletin 499-512 (May 1, 2002)

Ending the Welcome: Changes in the United States’ Treatment of Undocumented Aliens (1986 - 1996), 1 Rutgers Race & the Law Review 1-40 (1998) | Link to Digital Commons

The Effect of Criminal Conduct upon Refugee and Asylum Status, 3 Southwestern Journal of Law and Trade in the Americas 359-372 (1996) | Link to Digital Commons

Rethinking Preemption for Purposes of Aliens and Public Benefits, 42 UCLA Law Review 1597-1630 (1995) | Link to Digital Commons

The Diversification of Protection Law in the United States, (Symposium: Immigration Law: United States and International Perspectives on Asylum and Refugee Status), 9 American University Journal of International Law and Policy 1-24 (August 1994) (Published as a joint issue with 16 Loyola of Los Angeles International and Comparative Law Journal . Also published as a chapter with the same title in Immigration Law: United States and International Perspectives on Asylum and Refugee Status . Washington College of Law, the American University (1994)) | Link to Digital Commons

Presumed Ineligible: The Effect of Criminal Convictions on Applications for Asylum and Withholding of Deportation Under Section 515 of the Immigration Act of 1990, 6 Georgetown Immigration Law Journal 27-86 (1992) | Link to Digital Commons

Other Articles

Hot Topics in Asylum Law, with co-authors, 32 Annual AILA California Chapters Conference Handbook (2019)

The New U Visa Interim Regulations: Part II, 11 Catholic Legal Immigration News ___ (Nov. 2007)

The New U Visa Interim Regulations: Part I, 11 Catholic Legal Immigration News 6-8 (Oct. 2007)

Law and Practice Feature: Crimes Involving Moral Turpitude, 10 Catholic Legal Immigration News 7 (December 2006)

VAWA Then and Now: A Legislative Update on the 2005 Reauthorization of the Violence Against Women Act, 11 Bender's Immigration Bulletin 431-435 (May 1, 2006)

Current Issues in Reinstatement of Removal, 9 Bender's Immigration Bulletin 1427-1430 (December 1, 2004)

Whitney P. Alexander

Automated Interlibrary Loan/Document Delivery Data Applications for Serials Collection Development at Texas A & M University, with Wilson, 25 Serials Review 11-19 (December 1999)

A Great Display, and Preservation, Too!, with Robinson, 55 LLA Bulletin 129-135 (Winter 1993)

A Land Use Strategy for Western East Feliciana Parish, Louisiana: An Application of Socio-economic Principles of Human Ecology and Ian McHarg's Environmental Design Process. Louisiana State University, Baton Rouge, La. (1989) (Thesis, M.L.A.)

Margalynne J. Armstrong

Privilege Revealed: How Invisible Preference Undermines America with contributions by Margalynne Armstrong, Adrienne Davis & Trina Grillo. 2nd edition (Reissued as part of the Classics series). New York University Press (2021)

"Colorblindness Is the New Racism": Raising Awareness About Privilege Using Color Insight with Wildman in Deconstructing Privilege: Teaching and Learning as Allies in the Classroom. Case, editor. Routledge (2013)

Working Across Racial Lines in a Not-So-Post-Racial World with Wildman in Presumed Incompetent: The Intersections of Race and Class for Women in Academia. Gutierrez, Niemann, Gonzalez, and Harris, editors. Utah State University Press (2012)

Meditations on Being Good in Critical Race Feminism: A Reader. Wing, editor. New York University Press (1997)

Privilege in Residential Housing in Privilege Revealed: How Invisible Preference Undermines America. By Wildman. New York University Press (1996)

Revisiting the Work We Know So Little About: Race, Wealth, Privilege, and Social Justice, with Wildman and Moran, 2 UC Irvine Law Review 1011-1022 (2012) | Link to Digital Commons

Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight, with Wildman, 86 North Carolina Law Review 635-672 (2008) | Link to Digital Commons

Reparations Litigation: What About Unjust Enrichment?, (Social Justice Movements and LatCrit Community), 81 Oregon Law Review 771-782 (Fall 2002) | Link to Digital Commons

Race and Property Values in Entrenched Segregation, 52 University of Miami Law Review 1051-1065 (1998) | Link to Digital Commons

Women of Color in the Law: The Duality of Transformation, 31 University of San Francisco Law Review 967-973 (1997) | Link to Digital Commons

Protecting Privilege: Race, Residence and Rodney King, 12 Law and Inequality: A Journal of Theory and Practice 351-380 (1994) | Link to Digital Commons

African Americans and Property Ownership: Creating Our Own Meanings, Redefining Our Relationships, 1 African-American Law and Policy Report 79-88 (1994) | Link to Digital Commons

Desegregation Through Private Litigation: Using Equitable Remedies to Achieve the Purposes of the Fair Housing Act, 64 Temple Law Review 909-935 (1991) | Link to Digital Commons

Book Reviews

Teaching by the Book: Constructing a New Legal Actor, (review of Race and Races: Cases and Resources for a Diverse America ), 89 California Law Review 1625-1632 (2001) | Link to Digital Commons

Legal Breakdown: 40 Ways to Fix Our Legal System , 32 Santa Clara Law Review 297-309 (1992) | Link to Digital Commons

Legal Breakdown: 40 Ways to Fix Our Legal System , 3 Legal Publishing Preview 209 (July-August 1991)

Current Legal Developments in Real Estate Law: Annual Survey - 1990 , 3 Legal Publishing Preview 140 (1991)

AIDS and the Law: A Guide for the Public , 28 Santa Clara Law Review 463-468 (1988) | Link to Digital Commons | Link to Library Catalog

An Homage to Derrick Bell, with Wildman, 36 Seattle University Law Review v-viii (2013) | Link to Digital Commons

Can Good Samaritan Laws Fit Into the United States Legal/Political Framework?: A Brief Response to Elspeth Farmer, Joshua Dressler, and Marc Franklin, 40 Santa Clara Law Review 1027-1031 (2000) | Link to Digital Commons

CCRI's Colorblindness Theory is Dangerously Shortsighted, 1996-1997 Et Al.: The Magazine of Santa Clara University School of Law 36 (Fall/Winter 1996-97)

Memorial Statement for Russell Galloway, (Santa Clara University School of Law Professor), 32 Santa Clara Law Review 1 (1992) | Link to Digital Commons

Tokens and Taboos, 115 The Recorder 4 (August 2, 1991)

Lawyers and the Second Shift, 22 The Advocate (Santa Clara, Calif.) 17 (March 1991)

Thurgood Marshall and the Reformation of Black History, 24 The Advocate (Santa Clara, Calif.) 6 (February 1993)

Meditations On Being Good, (Black Women Law Professors: Building Community at the Intersection of Race and Gender: A Symposium), 6 Berkeley Women's Law Journal 43-45 (1991) | Link to Digital Commons

MBE and Multiple Choice Exam Skills, 21 The Advocate (Santa Clara, Calif.) 4 (December 1989)

Grading the California Bar Exam, 15 The Advocate (Santa Clara, Calif.) 9,12 (May 1989)

Bar Preparation: Questions and Answers, 15 The Advocate (Santa Clara, Calif.) 9-10 (March 1989)

Work Paper: Using Comparative Legal Studies to Prepare Law Students for an Evolving Legal Profession. (XVI Biennial Conference on the Law of the World. Manila, The Philippines) World Jurist Association (Oct 24-29, 1993)

Michael Asimow

Real to Reel: Truth and Trickery in Courtroom Movies with Paul Bergman. Vandeplas (2021)

Law and Popular Culture: A Course Book with Jessica Silbey. 3 ed. Vandeplas (2020)

State and Federal Administrative Law with Ronald Levin. 5 ed. West (2020)

Sourcebook of Federal Administrative Adjudication Outside the Administrative Procedure Act. Administrative Conference of the United States (2019)

Administrative law (The Rutter Group, California practice guide). with Bolz, Strumwasser, Aspinwall, and Tuleja. Rutter Group (2018)

A Guide to Federal Agency Adjudication. Editor and co-author. 2 ed. American Bar Assoc. (2012)

California Administrative Law with Marsha Cohen. West (2001)

A Comparative Approach to Administrative Adjudication in Oxford Handbook of Comparative Administrative Law. Oxford University Press (2021)

Teaching Law and Popular Culture in Teaching Law with Popular Culture. Carolina Academic Press (2019)

A Genre Study of Prosecutors and Criminal Defense Lawyers in American Movies and Television in Oxford Encyclopedia of Crime, Media and Popular Culture. Oxford University Press (2018)

Ex Ante Administrative Review of the Legality of Regulations: A Comparative Approach, with Bocksang, Cirotteau, Dotan, Mahboubi, and Perroud, 68 American Journal of Comparative Law 332 (2020)

The Mirror and the Lamp: Teaching Law and Popular Culture, 68 Journal of Legal Education 115 (2019) (article in symposium on “Visual Images and Popular Culture in Legal Education” edited by Michael Asimow & Ticien Sassoubre)

Best Practices for Evidentiary Hearings Outside the Administrative Procedure Act, 26 George Mason L. Rev. 923 (2018)

Hired Guns and Ministers of Justice: The Role of Government Attorneys in the US and Israel, 49 Israel L. Review 3 (2016)

Open and Closed Judicial Review of Agency Action: The Conflicting US and Israeli Approaches, 64 American Journal of Comparative Law 521 (2016)

Vinita Bali

Data Privacy, Data Piracy: Can India Provide Adequate Protection for Electronically Transferred Data?, 21 Temple International and Comparative Law Journal 103-146 (2007) | Link to Full Text

Mirror, Mirror on the Wall, Who's the Freest of Them All: A Comparison of Selected Issues Pertaining to Freedom of Religion in the USA and India, 11 Journal of World Constitutions 117-138 (2005)

Helping Students Recognize and Survive Fear in Law School, [2006] Learning Curve 5-6 (Spring 2006)

Righting the Inverted Pyramid: A Student-Driven, Problem-Based Approach to Teaching Law, [2005] Learning Curve 8-10 (Spring 2005)

W. David Ball

Proving Actionable Racial Disparity Under the California Racial Justice Act, with Colleen Chien and William A. Sundstrom, ___ Hastings L.J. ___ (forthcoming 2023)

The Peter Parker Problem, 95 N.Y.U. L. Rev. 879 (2020)

The Plausible and the Possible: A Bayesian Approach to the Analysis of Reasonable Suspicion, 55 Am. Crim. L. Rev. 511-536 (2018) | Link to Digital Commons

Pay-for-Performance in Prisons: Using Healthcare Economics to Improve Criminal Justice, 94 U. Denver L. Rev. 451-495 (2017) | Link to Digital Commons

“A False Idea of Economy”: Costs, Counties, and the Origins of the California Correctional System, 664 Ann. Am. Acad. Poli. Sci. 26-42 (March 2016) | Link to Digital Commons

Redesigning Sentencing, 46 McGeorge Law Review 817-841 (2014) | Link to Digital Commons

Why State Prisons?, 33 Yale Law and Policy Review 75-117 (2014) | Link to Digital Commons

Defunding State Prisons, 50 Criminal Law Bulletin Art. 2 (2014) | Link to Digital Commons

Tough on Crime (on the State's Dime): How Violent Crime Does Not Drive California Counties' Incarceration Rates - And Why it Should, 28 Georgia State University Law Review 987-1083 (2012) | Link to Digital Commons

The Civil Case at the Heart of Criminal Procedure: In Re Winship , Stigma, and the Civil-Criminal Distinction, 38 American Journal of Criminal Law 117-180 (2011) | Link to Digital Commons

Normative Elements of Parole Risk, 22 Stanford Law & Policy Review 395-411 (2011) | Link to Digital Commons

E Pluribus Unum : Data and Operations Integration in the California Criminal Justice System, 21 Stanford Law and Policy Review 277-309 (2010) | Link to Digital Commons

Heinous, Atrocious, and Cruel: Apprendi , Indeterminate Sentences, and the Meaning of Punishment, 109 Columbia Law Review 893-972 (2009) | Link to Digital Commons

Mentally Ill Prisoners in the California Department of Corrections and Rehabilitation: Strategies for Improving Treatment and Reducing Recidivism, 24 Journal of Contemporary Health Law and Policy 1-42 (2007) | Link to Digital Commons

Criminal Justice Information Sharing: A Legal Primer for Criminal Practitioners in California with Weisberg. [s.n.] (2010) (electronic resource) | Link to Digital Commons

Richard P. Berg

Prisoners' Rights and Jail Conditions edited with et al . National Conference on Policy-Community Relations (1970)

Zahn v. International Paper : Taking the Action Out of Class Action, or Can Zahn Be Avoided, 12 San Diego Law Review 208-223 (1974) | Link to Digital Commons

Patricia A. Cain

Sexuality Law with Leonard. 3rd edition. Carolina Academic Press (2019)

Estate, Tax, and Benefits Planning for Unmarried Couples: Formal and Informal Arrangements and Agreements with Burda, Goffe, and Kolz. ALI ABA (2009)

Sexuality Law with Leonard. 2nd edition. Carolina Academic Press (2009) | Link to Library Catalog

Wills, Trusts, and Estates: Exam Pro with Spitko. Thomson/West (2006) | Link to Library Catalog

Sexuality Law with Leonard. Carolina Academic Press (2006) | Link to Library Catalog

Law Outlines: Property with Kurtz. Casenotes Pub. Co. (2001) (Casenote Legal Education Series)

Rainbow Rights: The Role of Lawyers and Courts in the Lesbian and Gay Civil Rights Movement. Westview Press (2000) | Link to Library Catalog

Law Outlines: Property with Kurtz. Casenotes Publishing Co. (1999) (Casenote Legal Education Series)

Law Outlines: Property with Kurtz. Casenotes Publishing Co. (1997) (Casenote Legal Education Series)

Tax Planning for Unmarried Couples: How to Handle Home Ownership. Prentice-Hall (1980)

Planning for Same-Sex Married Couples in The Tools and Techniques of Estate Planning for Modern Families. 3rd edition. National Underwriter Company (2019)

United States v. Davis (rewritten opinion) in Feminist Judgements: Rewritten Tax Opinions. Crawford and Infanti, editors. Cambridge University Press (2017)

Six Cases in Search of a Decision: The Story of In Re Marriage Cases with Love in Women and the Law Stories. Wildman and Schneider, editors. Foundation Press (2011) | Link to Library Catalog

Death, Incapacity, and Illness in Sexual Orientation and the Law. Moulding and Achtenberg, editors. Thompson/West (2010) (Title first published 1985. Updated regularly by loose-leaf; most recent updates 2010. Substantive revisions and 2010 updates by Cain.) | Link to Library Catalog

Federal Taxes in Sexual Orientation and the Law. Moulding and Achtenberg, editors. Thompson/West (2010) (Title first published 1985. Updated regularly by loose-leaf; most recent updates 2010. 2010 Revisions by Cain.) | Link to Library Catalog

Two Sisters vs. a Father and Two Sons: The Story of Sawada v. Endo in Property Stories. Korngold and Morriss, editors. 2nd edition. Foundation Press (2009) (Case name misspelled as Sawado v. Endo in publication)

Story of Earl : How Echoes (and Metaphors) from the Past Continue to Shape the Assignment of Income Doctrine in Tax Stories. Caron, editor. 2nd edition. Foundation Press (2009)

Housing in Materials on Family Wealth Management. Turnier and McCouch, editors. Thomson/West (2005)

Two Sisters vs a Father and Two Sons: The Story of Sawada v. Endo in Property Stories. Korngold and Morriss, editors. Foundation Press (2004) (Case name spelled as Sawado v. Endo in publication)

Federal Tax Exemption Issues, Securing Tax-Exempt Status and Operating in Compliance in Iowa Nonprofit Resource Center Legal Guide for Iowa Nonprofits. Koontz, editor. University of Iowa (2003)

Story of Earl : How Echoes (and Metaphors) from the Past Continue to Shape the Assignment of Income Doctrine in Tax Stories: An In-Depth Look at Ten Leading Federal Income Tax Cases. Caron, editor. Foundation Press (2002)

Panel Discussion, Panel II: Parental Power, Children's Interests, and State Authority in Changing Perspectives of the Family: Proceedings of the Fifth Annual Symposium of the Constitutional Law Resource Center. Ingber, editor. Drake University Law School (1994)

Address at the University of Northern Iowa in Women's Voices in Our Time: Statements by American Leaders. Defrancisco and Jensen, editors. Waveland Press (1994)

Feminist Jurisprudence: Grounding the Theories in Feminist Legal Theory: Readings in Law and Gender. Bartlett and Kennedy, editors. Westview Press (1991) (Originally published as an article by the same title at 4 Berkeley Women's Law Journal 191-214 (1989/90)

Tax Problems of Small Business Corporations in Texas Corporations--Law and Practice. Matthew Bender (1985)

Nonprofit Corporations as Business Entities in Texas Corporations--Law and Practice. Matthew Bender (1985)

Construction Period Interest and Taxes in Federal Tax Deductions. Comerford and Sacks. Warren, Gorham & Lamont (1983)

Cooperative Housing Corporation Deductions in Federal Tax Deductions. Comerford and Sacks. Warren, Gorham & Lamont (1983)

Taxation of Unmarried Partners, 99 Wash. U. L. Rev. 1931 (2022)

Taxation of Tort Damages, 74 Okla. L. Rev. 587 (2022)

Legal Education During the COVID-19 Pandemic: Put Health, Safety and Equity First, Catherine J.K. Sandoval, Patricia A. Cain, Stephen F. Diamond, Allen S. Hammond, Jean C. Love, Stephen E. Smith, & Solmaz Nabipour, M.D., 61 Santa Clara L. Rev. 367 | Link to Digital Commons

Cincinnati: Before and After (A Love Story), with Jean Love, 66 J. Legal Educ. 460-472 (2017)

Taxation of Same-Sex Couples After United States v. Windsor: Did the IRS Get it Right in Revenue Ruling 2013-17?, 6 Elon Law Review 269-301 (2014) | Link to Digital Commons

In Her Own Voice: Ann Scales as Philosopher, Storyteller, Feminist, and Jurisprude, 91 Denver University Law Review 53-64 (2013) | Link to Digital Commons

Family Drama: Dangling Inheritances and Promised Lands, 49 Tulsa Law Review 345-353 (2013) | Link to Digital Commons

A Section Memoir, (Law Stories: Reflections of Women in Legal Education: Stories from Four Decades of Section Chairs), 80 UMKC Law Review 727-732 (2012) | Link to Digital Commons

The New York Marriage Equality Act and the Income Tax, 5 Albany Government Law Review 634-650 (2012) | Link to Digital Commons

Planning for Same-Sex Couples in 2011, 17 ALI-ABA Estate Planning Course Materials Journal 5-34 (2011) | Link to Digital Commons

Taxation of Domestic Partner Benefits: The Hidden Costs, (Symposium: The Future of Same-Sex Marriage), 45 University of San Francisco Law Review 481-516 (2010) | Link to Digital Commons

DOMA and the Internal Revenue Code, 84 Chicago-Kent Law Review 481-518 (2009) | Link to Digital Commons

Contextualizing Varnum v. Brien : A "Moment" in History, 13 The Journal of Gender, Race, and Justice 27-58 (2009) | Link to Digital Commons

Taxing Families Fairly, (Symposium: Valuing All Families), 48 Santa Clara Law Review 805-855 (2008) | Link to Digital Commons

"The Right to be Sexual" (Revisited): Remembering Mary Dunlap, 19 Berkeley Women's Law Journal 19-29 (2004) | Link to Digital Commons

Subversive Moments: Challenging the Traditions of Constitutional History, 13 Texas Journal of Women and the Law 91-111 (2003) | Link to Digital Commons

The Right to Privacy Under the Montana Constitution: Sex and Intimacy, (The Honorable James R. Browning Symposium: The 1972 Montana Constitution: Thirty Years Later), 64 Montana Law Review 99-132 (2003) | Link to Digital Commons

Federal Tax Consequences of Civil Unions, 30 Capital University Law Review 387-408 (2002) (Reprinted in digested form in 53 Monthly Digest of Tax Articles 17 (April 2003)) | Link to Digital Commons

Dependency, Taxes, and Alternative Families, 5 Journal of Gender, Race and Justice 267-288 (2002) | Link to Digital Commons

Women, Race, and Sports: Life Before Title IX, 4 Journal of Gender, Race and Justice 337-351 (2001) | Link to Digital Commons

Privileges and Stereotypes: A Commentary, 3 Journal of Gender, Race and Justice 659-667 (2000) | Link to Digital Commons

Heterosexual Privilege and the Internal Revenue Code, 34 University of San Francisco Law Review 465-495 (2000) | Link to Digital Commons

Death Taxes: A Critique from the Margin, 48 Cleveland State Law Review 677-707 (2000) | Link to Digital Commons

Stories from the Gender Garden: Transsexuals and Anti-Discrimination, 75 Denver University Law Review 1321-1359 (1998) | Link to Digital Commons

A Review Essay: Tax and Financial Planning for Same-Sex Couples: Recommended Reading, 8 Law & Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 613-648 (1998) | Link to Digital Commons

Results from a Survey: Gay, Lesbian, and Bisexual Students' Attitudes About Law School, with Austin, Mack, Strader, and Vaseleck, 48 Journal of Legal Education 157-175 (1998) | Link to Digital Commons

Taxing Lesbians, 6 Southern California Review of Law and Women’s Studies 471-481 (1997) | Link to Digital Commons

The Future of Feminist Legal Theory, 11 Wisconsin Women's Law Journal 367-383 (1997) | Link to Digital Commons

Imagine There's No Marriage, 16 QLR Quinnipiac Law Review 27-60 (1996) | Link to Digital Commons

Lesbian Perspective, Lesbian Experience, and the Risk of Essentialism, 2 Virginia Journal of Social Policy and the Law 43-73 (1994) | Link to Digital Commons

Litigating for Lesbian and Gay Rights: A Legal History, 79 Virginia Law Review 1551-1641 (1993) | Link to Digital Commons

Same-Sex Couples and the Federal Tax Laws, 1 Law & Sexuality 97-131 (1991) | Link to Digital Commons

Feminist Legal Scholarship, 77 Iowa Law Review 19-39 (1991) | Link to Digital Commons

Feminism and the Limits of Equality, 24 Georgia Law Review 803-847 (1990) | Link to Digital Commons

Feminist Jurisprudence: Grounding the Theories, 4 Berkeley Women's Law Journal 191-214 (1988-1990) (Reprinted as a chapter in Feminist Legal Theory: Readings in Law and Gender. Bartlett and Kennedy, editors. Westview Press (1991)) | Link to Digital Commons

Teaching Feminist Legal Theory at Texas: Listening to Difference and Exploring Connections, 38 Journal of Legal Education 165-181 (1988) | Link to Digital Commons

Good and Bad Bias: A Comment on Feminist Theory and Judging, 61 Southern California Law Review 1945-1955 (1988) | Link to Digital Commons

Taxation of Boot Notes in a 351/453 Transaction, 27 South Texas Law Review 61-98 (1986, Special Issue) | Link to Digital Commons

From Crane to Tufts : In search of a Rationale for the Taxation of Nonrecourse Mortgagors, 11 Hofstra Law Review 1-61 (1982) | Link to Digital Commons

Leasehold Improvements by Lessees, 31 Tulane Tax Institute J1-14 (1981) | Link to Full Text

Installment Sales by Retailers: A Case for Repeal of Section 453(a) of the Internal Revenue Code, 1978 Wisconsin Law Review 1-27 (1978) | Link to Digital Commons

Taxation of Promises to Pay, 8 Georgia Law Review 125-158 (1973) | Link to Digital Commons

Subchapter S Corporations and One Class of Stock Requirement: Should Debt Ever Be Classified as a Disqualifying Second Class of Stock?, 8 Georgia Law Review 199-224 (1973) | Link to Digital Commons

One Wedding and a Revolution: A Film by Debra Chasnoff, with Love, 24 St. Louis University Public Law Review 11-20 (2005) | Link to Digital Commons | Link to Library Catalog

Gaylaw: Challenging the Apartheid of the Closet , 107 American Historical Review 576-577 (2002) | Link to Library Catalog | Link to Full Text

The Master's Voice Will Never Dismantle Structural Justice, (review of Free Speech and the Politics of Identity ), 3 Books-On-Law 7 (2000) | Link to Library Catalog

In Search of A Normative Principle for Property Division at Divorce, (review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform ), 1 Texas Journal of Women and the Law 249-268 (1992) | Link to Digital Commons | Link to Library Catalog

Stories of Rights: Developing Moral Theory and Teaching Law, with Love, (review of Rights, Restitution, and Risk: Essays in Moral Theory ), 86 Michigan Law Review 1365-1387 (1988) | Link to Digital Commons | Link to Library Catalog

CCA 200911007 and the $1,000,000 Limitation on Mortgage Interest Deductions: Two Wrongs Don't Make a Right, 28 Newsquarterly 19-21 (Summer 2009)

Unmarried Couples and the Mortgage Interest Deduction, 123 Tax Notes 473-477 (April 27, 2009)

Relitigating Seaborn : Taxing the Community Income of California Registered Domestic Partners, 111 Tax Notes 561-568 (2006)

Comment: Improving Definition of "Qualifying Child", 95 Tax Notes 1993 (2002)

Alternative Families Should Be Eligible for All Child-Oriented Tax Benefits, 95 Tax Notes 1139 (2002)

Position Paper on Impact (H.R. 2528) Section 302: "Realistic Possibility of Success" is too Low a Standard for a Tax Return, with Johnson, 89 Tax Notes Today TNT 156-25 (1989)

A Government Tax Subsidy, with Askarit and Shaw, 51 Accounting Review 331-334 (1976) | Link to Library Catalog

Gay Rights in the United States, entry in LGBTQ America Today: An Encyclopedia. Hawley, editor. Greenwood Press (2009) | Link to Library Catalog

Lambda Legal Defense entry in Encyclopedia of Lesbian, Gay, Bisexual, and Transgender History in America. Stein, editor. Charles Scribner's Sons (2004) | Link to Library Catalog

Liquor Control Law and Policy entry in Encyclopedia of Lesbian, Gay, Bisexual, And Transgender History In America. Stein, editor. Charles Scribner's Sons (2004) | Link to Library Catalog

Privacy Rights entry in Encyclopedia of Lesbian, Gay, Bisexual, And Transgender History In America. Stein, editor. Charles Scribner's Sons (2004) | Link to Library Catalog

Life Planning: Legal Documents and Protections for Lesbians and Gay Men. Lamda Legal Defense and Education Fund (1992)

Stephen F. Diamond

The Hidden History of the Equal Rights Amendment with Draper. Center for Socialist History (2013) | Link to Library Catalog

Rights and Revolution: The Rise and Fall of Nicaragua's Sandinista Movement. Vandeplas Publishing (2013) | Link to Library Catalog

From 'Che' to China: Labor and Authoritarianism in the New Global Economy. Vandeplas Publishing (2009) | Link to Library Catalog

Human Rights, Labor Rights, and International Trade: Law and Policy Perspectives with Compa. University of Pennsylvania Press (1996) (Introduction authored by Compa and Diamond. Paperback edition, (2003)) | Link to Library Catalog

The Facebook Effect: Secondary Markets and Insider Trading in Today's Startup Environment in Research Handbook on Insider Trading. Bainbridge, editor. Edward Elgar Publishing (2013) | Link to Digital Commons

Beyond the Berle and Means Paradigm: Private Equity and the New Capitalist Order in The Embedded Firm: Corporate Governance, Labor, and Finance Capitalism. Williams and Zumbansen, editors. Cambridge University Press (2011) | Link to Digital Commons

Ringing the Bell on the NYSE: Might a Nonprofit Stock Exchange Have Been Efficient? with Kuan in Global Stock Exchanges: The Dawn of a New Era. Banerjee, editor. ICFAI University Press (2007) (Originally published as an article by the same title in 9 Duquesne Business Law Journal 1-18 (2007)) | Link to Digital Commons

Beyond the Core: Re-Thinking the International Labor Rights Strategy After the Battle of Seattle in Trade and Agriculture: Negotiating a New Agreement. McMahon, editor. Cameron May (2001)

Labor Rights in the Global Economy: A Case Study of the North American Free Trade Agreement in Human Rights, Labor Rights and International Trade: Law and Policy Perspectives. Compa and Diamond, editors. University of Pennsylvania Press (1996) (Paperback edition, 2003)

Introduction with Compa in Human Rights, Labor Rights and International Trade: Law and Policy Perspectives. Compa and Diamond, editors. University of Pennsylvania Press (1996) (Paperback, 2003)

U. S. Labor and North American Economic Integration: Towards a Constructive Critique in The Political Economy of North American Free Trade. Grinspun and Cameron, editors. St. Martin's Press (1993) | Link to Library Catalog

Legal Education During the COVID-19 Pandemic: Put Health, Safety and Equity First, Catherine J.K. Sandoval, Patricia A. Cain, Stephen F. Diamond, Allen S. Hammond, Jean C. Love, Stephen E. Smith, & Solmaz Nabipour, M.D., 61 Santa Clara L. Rev. 367 (2021) | Link to Digital Commons

Insider Trading: A Clash Between Law and Economics , Oxford Research Encyclopedia of Economics and Finance. (2020) | Link to Full Text

Exercising the ‘governance option’: labour’s new push to reshape financial capitalism, 43 Cambridge Journal of Economics 891-916 (2019) | Link to Full Text

Are the stock markets "rigged"? An empirical analysis of regulatory change, with Kuan, 55 International Review of Law and Economics 33-40 (2018) | Link to Digital Commons

The Facebook Effect: Secondary Markets and Insider Trading in Today's Hot Startup Environment, 27 California Business Law Practitioner 1-9 (Winter 2012) | Link to Digital Commons

Private Equity and Public Good, 55 Dissent 52-60 (Winter 2008) | Link to Digital Commons

Ringing the Bell on the NYSE: Might a Nonprofit Stock Exchange Have Been Efficient?, with Kuan, 9 Duquesne Business Law Journal 1-18 (2007) (Published as a chapter in Global Stock Exchanges: The Dawn of a New Era . Banerjee, editor. ICFAI University Press, India (2008)) | Link to Digital Commons

Delphi 'Bankruptcy': The Continuation of Class War by Other Means, 53 Dissent 58-63 (Spring 2006) | Link to Digital Commons

The "Race to the Bottom" Returns: China's Challenge to the International Labor Movement, 10 U.C. Davis Journal of International Law and Policy 39-74 (2003) | Link to Digital Commons

The PetroChina Syndrome: Regulating Capital Markets in the Anti-Globalization Era, 29 Journal of Corporation Law 39-102 (2003) | Link to Digital Commons

Bridging the Divide: An Alternative Approach to International Labor Rights After the Battle of Seattle, (International Law Weekend - West Symposium), 29 Pepperdine Law Review 115-146 (2001) | Link to Digital Commons

Political and Occupational Hazards to Reproductive Health, no. 4 New Labor Review 34-50 (Fall 1982)

Human Rights and Transnational Solidarity in Cold War Latin America, 36 Human Rights Quarterly 663-664 (August 2014) | Link to Full Text

Science-Mart: Privatizing American Science , 41 Contemporary Sociology: A Journal of Reviews 226-227 (2012) | Link to Full Text

Revolution, Revival and Religious Conflict in Sandinista Nicaragua , 29 Bulletin of Latin American Research 554-556 (2010) | Link to Full Text

The Future of Finance: How Private Equity and Venture Capital Will Shape the Global Economy , (June 29, 2010) (Published on Amazon.com) | Link to Library Catalog

The Chinese Market: An Enigma Unraveled, (review of The China Dream: The Quest for the Last Great Untapped Market on Earth and Inequality and Poverty in China in the Age of Globalization ), 49 Dissent 95-99 (Summer 2002) | Link to Digital Commons | Link to Library Catalog

The "New Realism" and the Crisis of the Human Rights Movement, (review of In Our Own Best Interest: How Defending Human Rights Benefits Us All ), 42 Santa Clara Law Review 1019-1029 (2002) | Link to Digital Commons

Labor's War, (review of Labor's War at Home: the CIO in World War II ), 36 Monthly Review 58-64 (May 1984) | Link to Library Catalog

INSIGHT: Uber and the Day the IPO Died, with Jennifer W. Kuan, Bloomberg Law. (2019) | Link to Full Text

Facebook's Failed IPO: A Fall Worthy of Icarus, Dissent Magazine (May 29, 2012) (Web exclusive) | Link to Full Text

Occupy Santa Clara! Corporate Personhood Reconsidered, Dissent Magazine (April 4, 2012) (Web exclusive) | Link to Full Text

Importance of Institutional Design: Evidence from the New York Stock Exchnage IPO and Reg. NMS, with Kuan, Securities Law eJournal (January 18, 2012) (Web exclusive. Posted on SSRN. Linked to SSRN journals: LSN Securities Law eJournal, Capital Markets: Market Microstructure eJournal, and Corporate Law and Takeover eJournal | Link to Full Text

A “Modest Proposal” for Capital Market Reform: Close Down Rule 144A, with Jeff Madrick, HuffPost (July 5, 2010) | Link to Full Text

Avoiding Debacle in the U.S. Auto Industry, 53 Dissent Magazine (Spring 2006)

No Friends in Labor's Court: The N.L.R.B.'s Right Turn, 241 The Nation 647-648 (December 14, 1985)

Plant Closings and Worker Health: A Nationwide Epidemic, 11 Labor Occupational Health Program Monitor 4 (January/February 1983)

Opinion: Top CEOs should give away their 2020 pay to the coronavirus fight, with Jennifer W. Kuan. MarketWatch: Outside the Box (March 30, 2020) | Link to Full Text

Letter on Harmonization of Private Offering Rules. Law Professor Comment Letter to the SEC. with de Fontenay, Gerding, Coffee Jr., and Cox . (2019) | Link to Digital Commons

2001 Terrorism Must Be Fought Through International Law . The Record, Bergen County N.J. Opinion Section pg.15 (October 4, 2001)

Can They Just Fire Me? Public Employees' Rights to Due Process. National edition. Center for Labor Research and Education, Institute of Industrial Relations, University of California, Berkeley (1986)

Hey, the Boss Just Called Me into the Office--: The Weingarten Decision and the Right to Representation on the Job. Center for Labor Research and Education, Institute of Industrial Relations, University of California, Berkeley (1986)

How to Cost a Union Contract: [A Guide for Union Negotiators] with Chown and Ghilarducci. Center for Labor Research and Education, Institute of Industrial Relations, University of California at Berkeley (1986) (Labor Training Series, pt. 3)

Can They Just Fire Me? The Skelly Decision and California Public Employees. Center for Labor Research and Education, Institute of Industrial Relations, University of California, Berkeley (1984)

David D. Friedman

How to Milk an Almond, Stuff an Egg, and Armor a Turnip: A Thousand Years of Recipes with Cook. CreateSpace (2011) | Link to Library Catalog | Link to Full Text

Future Imperfect: Technology and Freedom in an Uncertain World. Cambridge University Press (2008) (Paperback edition published 2011)

Law's Order: What Economics Has to Do with Law and Why It Matters. Princeton University Press (2000) | Link to Library Catalog | Link to Full Text

Hidden Order: The Economics of Everyday Life. Harper Business (1996) (Translated into Chinese, German and Japanese) | Link to Library Catalog

Price Theory: An Intermediate Text. 2nd edition. South-Western Publishing Co. (1990) (Translated into Spanish, 1993)

The Machinery of Freedom: Guide to Radical Capitalism. 2nd edition. Open Court (1989) (Translated into French, German, Italian and Japanese)

Price Theory: An Intermediate Text. South-Western Publishing Co. (1986) (Accompanied by Instructor's Manual (1986))

The Machinery of Freedom: Guide to a Radical Capitalism. Harper and Row (1973) (Republished by Arlington House in 1978)

The Case for Privacy in Contemporary Debates in Applied Ethics. Cohen and Wellman, editors. Blackwell (2005)

Economics and Evolutionary Psychology in Evolutionary Psychology and Economic Theory. Koppl, editor. Elsevier (2004) ( Advances in Austrian Economics , v.7. An earlier version of this chapter is published in English, Catalan, and Castilian in the 4/2001 issue of the web journal InDret .) | Link to Full Text

Technology and the Case for Free Banking with Macintosh in The Half-Life of Policy Rationales: How New Technology Affects Old Policy Issues. Klein and Foldvary, editors. New York University Press (2003) | Link to Library Catalog

Privacy and Technology in The Right to Privacy. Paul, Miller, and Paul, editors. Cambridge University Press (2000) (Reprinted in 17 Social Philosophy and Policy 186-212 (Summer 2000)) | Link to Library Catalog

Anarchy and Efficient Law in For and Against the State: New Philosophical Readings. Sanders and Narveson, editors. Rowman & Littlefield (1996)

Rational Criminals and Profit-Maximizing Police: Gary Becker's Contribution to the Economic Analysis of Law and Law Enforcement in The New Economics of Human Behavior. Tommasi and Ierulli, editors. Cambridge University Press (1995) | Link to Library Catalog

Should Medical Care Be a Commodity? An Economist's Perspective in Rights to Health Care. Bole and Bondeson, editors. Kluwer Academic (1991) | Link to Library Catalog

In Defense of Thomas Aquinas and the Just Price in St. Thomas Aquinas (1225-1274). Blaug, editor. E. Elgar ((1991)) (Reprinted from an article of the same title published in 12 History of Political Economy 234-242 (1980)

Comments on "Rationing Medical Care: Processes for Defining Adequacy" in The Price of Health. Agich and Begley, editors. D. Reidel Publishing Co. (1986) | Link to Library Catalog

Comments on "Rationing and Publicity" in The Price of Health. Agich and Begley, editors. D. Reidel Publishing Co. (1986) | Link to Library Catalog

The Economics of War in Blood and Iron. Pournelle, editor. Tom Doherty Associates (1984) ( There Will Be War , III)

An Unnoticed Stock-Flow Error in The Wealth of Nations in Liberalism and Less Developed Countries: Essays in Memory of Bellicoth Raghunath Shenoy. Bhatt and Trivedi, editors. Gujarat University (1982)

A Libertarian Perspective on Welfare with Brennan in Income Support: Conceptual and Policy Issues. Brown, Johnson, and Vernier, editors. Rowman and Littlefield (1981) | Link to Library Catalog

Love is Not Enough in Survival of Freedom. Pournelle and Carr, editors. Fawcett Crest (1981)

Economic Aspects of Secession, 3 Santa Clara Journal of International Law 212-219 (2005) | Link to Library Catalog

From Imperial China to Cyberspace: Contracting Without the State, 1 Journal of Law, Economics & Policy 349-369 (2005) | Link to Digital Commons

Does Technology Require New Law?, 25 Harvard Journal of Law and Public Policy 71-85 (2001) | Link to Digital Commons

The Cash of the Twenty-First Century, with Macintosh, 17 Santa Clara Computer and High-Technology Law Journal 273-284 (2001) | Link to Digital Commons

Privacy and Technology, 17 Social Philosphy and Policy 186-212 (Summer 2000) (Published as a chapter by the same title in The Right to Privacy . Paul, Miller, and Paul, editors. Cambridge University Press (2000)) | Link to Library Catalog

Why Not Hang Them All: The Virtues of Inefficient Punishment, 107 Journal of Political Economy S259-S269 (1999) | Link to Library Catalog

In Defense of Private Orderings: Comments on Julie Cohen’s "Copyright and the Jurisprudence of Self-Help", 13 Berkeley Technology Law Journal 1151-1172 (1998) | Link to Digital Commons

More Justice for Less Money, 39 Journal of Law and Economics 211-240 (1996) | Link to Digital Commons

A World of Strong Privacy: Promises and Perils of Encryption, 13 Social Philosophy and Policy 212-228 (Summer 1996) | Link to Library Catalog

Beyond the Tort/Crime Distinction, (Symposium: The Intersection of Tort and Criminal Law), 76 Boston University Law Review 103-112 (1996) (Response to Seipp article in same issue, p.59) | Link to Digital Commons

Making Sense of English Law Enforcement in the Eighteenth Century, 2 University of Chicago Law School Roundtable 475-505 (1995) | Link to Digital Commons

A Positive Account of Property Rights, 11 Social Philosophy and Policy 1-16 (Summer 1994) | Link to Library Catalog

Standards as Intellectual Property: An Economic Approach, 19 University of Dayton Law Review 1109-1129 (1994) | Link to Digital Commons

Law as a Private Good, 10 Economics and Philosophy 319-327 (1994) | Link to Library Catalog

Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty and Freedom of Choice for All Criminal Defendants, with Schulhofer, 31 American Criminal Law Review 73-122 (1993) | Link to Digital Commons

Should the Characteristics of Victims and Criminals Count? Payne v. Tennessee and Two Views of Efficient Punishment, 34 Boston College Law Review 731-769 (1993) | Link to Digital Commons

Hanged for a Sheep--The Economics of Marginal Deterrence, with Sjostrom, 22 Journal of Legal Studies 345-366 (1993) | Link to Digital Commons

Comments on Peltzman, "The Political Economy of the Decline of American Public Education", 36 Journal of Law and Economics 371-378 (1993) | Link to Digital Commons

Comment on "An Economic Argument for Affirmative Action", 4 Rationality and Society 356-369 (1992) | Link to Library Catalog

Some Economics of Trade Secret Law, with Landes and Posner, 5 Journal of Economic Perspectives 61-72 (1991) | Link to Library Catalog

Impossibility, Subjective Probability, and Punishment for Attempts, 20 Journal of Legal Studies 179-186 (1991) | Link to Digital Commons

An Economic Analysis of Alternative Damage Rules for Breach of Contract, 32 Journal of Law and Economics 281-310 (1989) | Link to Digital Commons

An Economic Explanation of Punitive Damages, (Symposium: Punitive Damages), 40 Alabama Law Review 1125-1142 (1989) | Link to Digital Commons

Does Altruism Produce Efficient Outcomes? Marshall versus Kaldor, 17 Journal of Legal Studies 1-13 (1988) | Link to Digital Commons

Comment: Problems in the Provision of Public Good, (A Symposium Sponsored by the Institute for Humane Studies), 10 Harvard Journal of Law and Public Policy 505-520 (1987) (Comments on Tie-Ins and the Market Provision of Collective Goods , by Klein, 10 Harvard Journal of Law and Public Policy 451-474 (1987) and Comments on Contracts and Public Goods , by Schmidtz, 10 Harvard Journal of Law and Public Policy 475-503 (1987)) | Link to Digital Commons

Cold Houses in Warm Climates and Vice Versa: A Paradox of Rational Heating, 95 Journal of Political Economy 1089-1097 (1987) | Link to Library Catalog

Efficient Institutions for the Private Enforcement of Law, 13 Journal of Legal Studies 379-397 (1984) | Link to Digital Commons

Comment on Brody: "Redistribution Without Egalitarianism", 1 Social Philosophy and Policy 88-93 (Autumn 1983) | Link to Library Catalog

What Is 'Fair Compensation' for Death or Injury?, 2 International Review of Law and Economics 81-93 (1982) | Link to Library Catalog

What Does "Optimum Population" Mean?, 3 Research in Population Economics 273-287 (1981) | Link to Library Catalog

Reflections on Optimal Punishment, or: Should the Rich Pay Higher Fines?, 3 Research in Law and Economics 185-205 (1981)

Why There Are No Risk Preferrers, 89 Journal of Political Economy 600 (1981) | Link to Library Catalog

Many, Few, One--Social Harmony and the Shrunken Choice Set, 70 American Economic Review 225-232 (1980) | Link to Library Catalog

In Defense of Thomas Aquinas and the Just Price, 12 History of Political Economy 234-242 (1980) (Reprinted as a chapter in St. Thomas Aquinas (1225-1274). Blaug, editor. E. Elgar (1991))

In Defense of the Long-Haul/Short-Haul Discrimination, 10 Bell Journal of Economics 706-708 (1979) | Link to Full Text

Private Creation and Enforcement of Law -- A Historical Case, 8 Journal of Legal Studies 399-415 (1979) | Link to Digital Commons

A Theory of the Size and Shape of Nations, 85 Journal of Political Economy 59-77 (1977) | Link to Library Catalog

Reforming Products Liability , 101 Journal of Political Economy 554-560 (1993) | Link to Library Catalog

Less Law Than Meets the Eye, (review of Order Without Law: How Neighbors Settle Disputes ), 90 Michigan Law Review 1444-1452 (1992) | Link to Digital Commons | Link to Library Catalog

Economic Analysis of Accident Law , 97 The Journal of Political Economy 497-501 (1989) | Link to Full Text

Icelandic Enterprise: Commerce and Economy in the Middle Ages , 43 Journal of Economic History 315-316 (1981) | Link to Full Text

Murder at the Margin , 34 Public Choice 233-236 (1979) | Link to Library Catalog | Link to Full Text

Further Explorations in the Theory of Anarchy , 25 Public Choice 101-104 (1976) | Link to Full Text

How Will New Technologies Shape Our Future?, 16 Santa Clara Law 29 (Fall/Winter 2009) (excerpted from Future Imperfect: Technology and Freedom in an Uncertain World by Friedman (2008)) | Link to Library Catalog | Link to Full Text

Contracts in Cyberspace, 6 Journal of Internet Law 12-15 (December 2002) | Link to Library Catalog

Choosing Metarules for Legal Change, 82 American Economic Review (Papers and Proceedings of the Hundred and Fourth Annual Meeting of the American Economic Association) 285-289 (May 1992) | Link to Full Text

The World According to Coase, 38 The Law School Record 4 (Spring 1992) | Link to Library Catalog

Constitutional Interpretation: Defining Liberty Under the Constitution, (Federalist Society 1988 Northeast Regional Symposium: Liberty and Justice for All: Protecting Individual Rights Under the Constitution), 41 Rutgers Law Review 853-858 (1989) | Link to Digital Commons

Law and Economics: What and Why, 9 Journal of Economic Affairs 25-28 (February/March 1989) | Link to Full Text

Diamonds Are a Government's Best Friend: Burden-Free Taxes on Goods Valued for Their Values: Comment, 78 American Economic Review 297 (1988) | Link to Library Catalog

Revenue Sharing and Monopoly Government: A Comment, with Kurth, 37 Public Choice 365-370 (1981) | Link to Library Catalog

Models for Diffraction Scattering with Fixed Pole and Shielding Cut, 9A Il Nuovo Cimento della Società Italiana di Fisica. A. 219 (1972) (Physics)

Fixed-Branch-Point Model for Pion-Nucleon Diffraction Scattering, 63A Il Nuovo Cimento, Ser. 10 483 (1969) (Physics)

A Miscellany. By Cariadoc and Elizabeth 10th edition. (2011) (Part I is published separately as How to Milk an Almond, Stuff an Egg, and Armor a Turnip: A Thousand Years of Recipes / by David Friedman and Elizabeth Cook. (2011))

[Comments on several chapters] in Justice Across Generations: What Does It Mean?. Cohen, editor. American Association of Retired Persons, Public Policy Institute (1993)

Law and Economics entry in The Fortune Encyclopedia of Economics. Henderson, editor. Warner Books (1993) | Link to Library Catalog

Economics of Crime entry in The Fortune Encyclopedia of Economics . Henderson, editor. Warner Books (1993) | Link to Library Catalog

The Just Price entry in The New Palgrave: A Dictionary of Economics. Eatwell, Milgate and Newman, editors. Macmillan (1987)

Economic Analysis of Law entry in The New Palgrave: A Dictionary of Economics . Eatwell, Milgate, and Newman, editors. Macmillan (1987)

Gold, Paper, or ...: Is There a Better Money?. Cato Institute (1982) ( Cato Policy Analysis , no. 17)

Laissez-Faire in Population: The Least Bad Solution. Population Council (1972) (An occasional paper of the Population Council)

Dorothy J. Glancy

Restatement, Third, Property: Joint Ownership Preliminary Draft no. 2. American Law Institute (1998)

Privacy and Intelligent Transportation Systems: Legal Research Reports. Santa Clara University School of Law (1995) (Prepared under the Federal Highway Administration Grant no.DTFH61 93 X 00020) | Link to Library Catalog

Douglas's Right of Privacy: A Reply to His Critics in "He Shall Not Pass This Way Again": The Legacy of Justice William O. Douglas. Wasby, editor. University of Pittsburgh Press for the William O. Douglas Institute (1990) | Link to Library Catalog

State Administrative Law Issues in California Environmental Law and Land Use Practice. Manaster and Selmi, editors. M. Bender (1989) | Link to Library Catalog

A Look at the Legal Environment for Driverless Vehicles, with Robert Peterson and Kyle Graham, NCHRP Legal Research Digest 69 (2016)

Sharing the Road: Smart Transportation Infrastructure, 41 Fordham Urban Law Journal 1617-1664 (2014)

Privacy in Autonomous Vehicles, 52 Santa Clara Law Review 1171-1238 (2012) | Link to Digital Commons

Privacy on the Open Road, (The Twenty-Seventh Annual Law Review Symposium: Privacy and Surveillance: Emerging Legal Issues), 30 Ohio Northern University Law Review 295-376 (2004) | Link to Digital Commons

At the Intersection of Visible and Invisible Worlds: United States Privacy Law and the Internet, 16 Santa Clara Computer and High-Technology Law Journal 357-383 (2000) | Link to Digital Commons

Breaking Up Can Be Hard to Do: Partitioning Jointly Owned Oil and Gas and Other Mineral Interest in Texas, 33 Tulsa Law Journal 705-764 (1998) | Link to Digital Commons

Privacy and Intelligent Transportation Technology, (Santa Clara Symposium on Privacy and IVHS), 11 Santa Clara Computer and High-Technology Law Journal 151-203 (1995) | Link to Digital Commons

Preserving Rockefeller Center, 24 Urban Lawyer 423-478 (1992) (Reprinted in 24 Land Use and Environment Law Review 197-251 (1993)) | Link to Digital Commons

Privacy and the Other Miss M, (Symposium on the Right to Privacy), 10 Northern Illinois University Law Review 401-440 (1990) | Link to Digital Commons

Getting Government Off the Backs of People: The Right of Privacy and Freedom of Expression in the Opinions of Justice William O. Douglas, 21 Santa Clara Law Review 1047-1067 (1981) | Link to Digital Commons

Disclosure of Trade Secrets Under the US Freedom of Information Act, 3 European Intellectual Property Review 38-44 (1981)

The US Crime of Trade Secrets Theft, 1 European Intellectual Property Review 179-182 (1979)

Invention of the Right to Privacy, 21 Arizona Law Review 1-39 (1979) | Link to Digital Commons

Women in Law, the Dependable Ones, 21 Harvard Law School Bulletin 22-33 (1970)

Women Lawyers: Perspectives on Success , 70 ABA Journal 96-97 (Apr. 1984) | Link to Library Catalog | Link to Full Text

Speaking Up , 68 American Bar Association Journal 1461-1462 (1982) | Link to Digital Commons

Books for Lawyers, (reviews of Practical Guide to Legal Writing and Legal Method ; Interviewing and Counseling ; and Reading Skills for Law Students ), 68 American Bar Association Journal 318-320 (1982) | Link to Digital Commons | Link to Library Catalog | Link to Library Catalog | Link to Library Catalog

City Zoning: The Once and Future Frontier , 21 Santa Clara Law Review 261-267 (1981) | Link to Digital Commons | Link to Library Catalog

Partisan Justice , 67 American Bar Association Journal 740-741 (1981) | Link to Digital Commons | Link to Library Catalog

The Once and Future Driverless Car in Ecosystems for Innovation, Gruter Institute for Law and Behavioral Research (forthcoming 2020)

It's the Students, 18 Santa Clara Law 14-15 (Spring/Summer 2012)

Retrieving Black Box Evidence From Vehicles: Uses and Abuses of Vehicle Data Recorder Evidence in Criminal Trials, 33 The Champion 12 (May 2009)

The Intel Environment Award, 9 STS Nexus ___ (Fall 2008)

The Intel Environment Award, 8 STS Nexus ___ (Fall 2007)

William Orville Douglas, entry in Biographical Encyclopedia of the Supreme Court: The Lives and Legal Philosophies of the Justices Urofsky, editor, (2006) | Link to Library Catalog

The Intel Environment Award, 5 STS Nexus 28 (Fall 2004)

Whereabouts Privacy, 4 STS Nexus ___ (Spring 2004) (Santa Clara University's Center for Science, Technology and Society)

The Intel Environment Award, 3 STS Nexus 25 (Fall 2002)

Technology Benefiting the Environment (Intel Environment Award Finalists), 2 STS Nexus 33 (Fall 2001)

Electronic Signature Statute Blazes Uniform Trail for Electronic Commerce, 69 United States Law Week 2467-2471 (2001)

Future Highways May Be Smart but Nosy, 8 Law Alumni Newsletter (Santa Clara, Calif.) 3 (Winter 1994)

Servitudes Law Reform-a Positive Direction for Conservation Easements, 2 The Back Forty: The Newsletter of Land Conservation Law 1-7 (March/April 1992)

Women in the Constitution: Two Perspectives, 39/40 Harvard Law Bulletin 17 (1988)

Think Like A Lawyer: What Does It Mean?, 10 Advocate (University of Santa Clara School of Law) 6 (April 1985)

Patenting Human Life: Some Patent Law Background. Santa Clara University (2002) (Reproduction of paper presented at the Santa Clara University October 18, 2002 Biotechnology Conference)

Intellectual Property Issues Raised by Genetics and Reproductive Technologies. Gruter Institute for Law and Behavioral Research (1999)

An Introduction to Intellectual Property Law for First-Year Property Students. (1998 and 1999)

Analysis of Federal and State Privacy Laws and Development of Safeguards to Protect Privacy: Final Quarterly Progress Report, Sixth Quarter, December 21, 1994-March 21, 1995. Santa Clara University School of Law (1995)

Privacy Impacts on Intelligent Transportation Systems, Appendix I. [Santa Clara University] (1995) (Remarks prepared for the Fifth Conference on Computers, Freedom and Privacy)

William Orville Douglas entry in The Supreme Court Justices: A Biographical Dictionary . Urofsky, editor Garland Press (1994)

A Seven Country Survey on the Roles of Women in Rural Development: A Report. Development Alternatives (1974) (Prepared in collaboration with Development Alternatives, Inc. for the Agency for International Development.)

Political Intelligence in the Internal Revenue Service: The Special Service Staff: A Documentary Analysis. Staff of the Subcommittee on Constitutional Rights of the Committee on the Judiciary, United States Senate. U.S. G.P.O. (1974) (93d Congress, 2d Session. Committee print.)

Individual Rights and the Federal Role in Behavior Modification: A Study. Staff of the Subcommittee on Constitutional Rights of the Committee on the Judiciary, United States Senate. U.S. G.P.O. (1974) (93d Congress, 2d Session. Committee print.) | Link to Library Catalog

Federal Data Banks and Constitutional Rights: A Study of Data Systems on Individuals Maintained by Agencies of the United States Government. Staff of the Subcommittee on Consitutional Rights of the Committee on the Judiciary, United States Senate. U.S. G.P.O. (1974) (93rd Congress, 2d Session. Committee print. 6 vols. Prepared as part III of the subcommittee's study of Federal data banks, computers, and the Bill of Rights)

Eric Goldman

Internet Law: Cases and Materials. (2019) (Electronic casebook)

Advertising and Marketing Law: Cases and Materials with Tushnet. 4th ed. Scribd (2018) (Electronic casebook)

An Overview of the United States’ Section 230 Internet Immunity, Giancarlo Frosio ed. in Oxford Handbook of Online Intermediary Liability. Oxford University Press (forthcoming 2020)

The Regulation of Reputational Information in The Next Digital Decade: Essays on the Future of the Internet. Szoka and Marcus, editors. TechFreedom (2010) | Link to Library Catalog

The Third Wave of Internet Exceptionalism in The Next Digital Decade: Essays on the Future of the Internet. Szoka and Marcus, editors. TechFreedom (2010) | Link to Library Catalog

Search Engine Bias and the Demise of Search Engine Utopianism in The Next Digital Decade: Essays on the Future of the Internet. Szoka and Marcus, editors. TechFreedom (2010) | Link to Library Catalog

Online Word of Mouth and Its Implications for Trademark Law in Trademark Law and Theory: A Handbook of Contemporary Research. Dinwoodie and Janis, editors. Edward Elgar Press (2008)

Data Mining and Attention Consumption in Privacy and Technologies of Identity: A Cross-Disciplinary Conversation. Strandburg and Raicu, editors. Springer (2005)

Zauderer and Compelled Editorial Transparency, 108 Iowa L. Rev. Online 80 (2023)

The Constitutionality of Mandating Editorial Transparency, 73 Hastings L. Rev. 1203 (2022)

Content Moderation Remedies, 28 Mich. Tech. L. Rev. 1 (2021)

The U.K. Online Harms White Paper and the Internet’s Cable-ized Future, 16 Ohio St. Tech. L.J. 351 (2020)

Why Section 230 Is Better Than the First Amendment, 95 Notre Dame University Law Review Online 34 (2019) | Link to Full Text

Copyright’s Memory Hole, with Jessica Silbey , 2019 Brigham Young University Law Review 929 (2019)

The Complicated Story of FOSTA and Section 230, 17 First Amendment Law Review 279 (2019) | Link to Full Text

Emojis and the Law , 93 Washington Law Review 1227 (2018) | Link to Full Text

Judicial Resolution of Nonconsensual Pornography Dissemination Cases, with Angie Jin, 14 I/S: A Journal of Law and Policy 283 (2018) | Link to Full Text

The Ten Most Important Section 230 Rulings, 20 Tulane Journal of Technology and Intellectual Property 1 (2017) | Link to Full Text

The Defend Trade Secrets Act isn't an "Intellectual Property" Law , 33 Santa Clara University High Tech Law Journal 541 (2017) | Link to Full Text

Understanding the Consumer Review Fairness Act of 2016, 24 Michigan Telecommunications and Technology Law Review 1 (2017) | Link to Full Text

Self-Publishing an Electronic Casebook Benefited Our Readers -- And Us, with Tushnet, 11 Washington Journal of Law, Technology, and the Arts 50-62 (2015) | Link to Digital Commons

Ex Parte Seizures and the Defend Trade Secrets Act, 72 Washington and Lee Law Review 284 (2015) | Link to Full Text

Regulation of Lawyers’ Use of Competitive Keyword Advertising, with Angel Reyes III, 2016 University of Illinois Law Review 103 (2016) | Link to Digital Commons

How the DMCA's Online Copyright Safe Harbor Failed, 3 NTUT Journal of Intellectual Property Law and Management 195-198 (2014) | Link to Full Text

The Irony of Privacy Class Action Litigation, 12 Journal on Telecommunications and High Technology Law 309-319 (2012)

Online User Account Termination and 47 U.S.C. §230(c)(2), 2 UC Irvine Law Review 659-673 (2012) | Link to Digital Commons

Revisiting Search Engine Bias, (Contemporary Issues in Cyberlaw), 38 William Mitchell Law Review 96-110 (2011) | Link to Digital Commons

Unregulating Online Harassment, 87 Denver University Law Review Online 59-61 (2010)

Wikipedia's Labor Squeeze and Its Consequences, 8 Journal on Telecommunications and High Technology Law 157-183 (2010) | Link to Digital Commons

Brand Spillovers, 22 Harvard Journal of Law and Technology 381-419 (2009) | Link to Digital Commons

Teaching Cyberlaw, 52 Saint Louis University Law Journal 749-763 (2008) | Link to Digital Commons

Integrating Contract Drafting Skills and Doctrine, 12 Legal Writing: The Journal of the Legal Writing Institute 209-214 (2006) | Link to Digital Commons

Stealth Risks of Regulating Stealth Marketing: A Comment on Ellen Goodman's "Stealth Marketing and Editorial Integrity", 85 Texas Law Review 11-15 (2006) | Link to Digital Commons

A Coasean Analysis of Marketing, 2006 Wisconsin Law Review 1151-1221 (2006) | Link to Digital Commons

Search Engine Bias and the Demise of Search Engine Utopianism, 8 Yale Journal of Law and Technology 188-200 (2006) | Link to Digital Commons

Co-Blogging Law, 84 Washington University Law Review 1169-1186 (2006) (Edited version published as No Safety in Numbers , Blogger and Podcaster Magazine 20 (Aug. 2007)) | Link to Digital Commons

Speech Showdowns at the Virtual Corral, 21 Santa Clara Computer and High Technology Law Journal 845-854 (2005) | Link to Digital Commons

Deregulating Relevancy in Internet Trademark Law, 54 Emory Law Journal 507-596 (2005) | Link to Digital Commons

Law of Warez Trading, 8 Journal of Internet Law 3-11 (January 2005)

Warez Trading and Criminal Copyright Infringement, 51 Journal of the Copyright Society of the U.S.A. 395-435 (2004) | Link to Digital Commons

Where's the Beef? Dissecting Spam's Purported Harms, (Symposium: The Regulation of Spam and E-mail Marketing), 22 John Marshall Journal of Computer and Information Law 13-27 (2003) | Link to Digital Commons

A Road to No Warez: The No Electronic Theft Act and Criminal Copyright Infringement, 82 Oregon Law Review 369-432 (2003) | Link to Digital Commons

Doing Internet Co-Branding Agreements, (Twelfth Annual Computer Law Symposium: Business and Legal Challenges Facing Electronic Commerce: Symposium Presentations), 22 Hastings Communications and Entertainment Law Journal (COMM/ENT) 221-239 (2000) | Link to Digital Commons

Understanding Internet Co-Branding Deals, 16 Santa Clara Computer and High Technology Law Journal 65-82 (1999) | Link to Digital Commons

The Intellectual Property Renaissance in Cyberspace: Why Copyright Law Could be Unimportant on the Internet, 12 Berkeley Technology Law Journal 15-51 (1997) | Link to Digital Commons

Cyberspace, the Free Market, and the Free Marketplace of Ideas: Recognizing Legal Differences in Computer Bulletin Board Functions, 16 Hastings Communications and Entertainment Law Journal 87-150 (1993) | Link to Digital Commons

Writing Tenure Review Letters, 19 Green Bag 2d. 357 (2016)

Congratulations! Now What?, ___ Inside Higher Ed ___ (May 31, 2013) (Article posted on Santa Clara Law Digital Commons with the title: Top 10 Tips for a Newly Tenured Professor . Web exclusive) | Link to Digital Commons | Link to Full Text

The Problems with Software Patents (Part 1 of 3), 19 Santa Clara Law 36-37 (Spring 2013) (This article first appeared on Forbes.com. Visit law.scu.edu/sclaw for a link to parts 2 and 3 of Goldman's essay.)

After Words: The Third Wave of Internet Exceptionalism, 50 Santa Clara Magazine 48 (Winter 2008)

Blogs and Scholars: The Impact of Legal Blogging on the Bench and Bar, with et al. , 30 National Law Journal 22-24 (October 8, 2007)

The Challenges of Regulating Warez Trading, 23 Social Science Computer Review 24-28 (2005) | Link to Digital Commons

"No Electronic Theft Act" Proves a Partial Success, with Gladstone, 25 National Law Journal B9 (March 17, 2003)

The Internet Privacy Fallacy, (Editorial), 20 Computer and Internet Lawyer 20 (January 2003)

Let Market Regulate, Not State: Online Privacy Acts Speak Louder than Survey Results Do, 115 Los Angeles Daily Journal 6 (November 13, 2002)

The Privacy Hoax, 179 Forbes 42 (October 14, 2002)

Do Internet Companies Overuse Nondisclosure Agreements?, 18 Computer and Internet Lawyer 18-19 (October 2001)

Play and Fold: Write Online Gambling Regulations Clearly and Precisely, or Not at All, 112 Los Angeles Daily Journal 6 (February 11, 1999)

Computer Bulletin Board Technology: Sysop Control and Liability in a Decentralized Information Economy, 1993 IEEE International Symposium on Technology and Society Conference Proceedings 191-195 (1993) | Link to Full Text

Sue S. Guan

The Rise of the Finfluencer, 22 N.Y.U. Journal of Law and Business (forthcoming) (2024) | Link to Full Text

Meme Investors and Retail Risk, 63 B.C. L. Rev. (forthcoming) (2022) | Link to Full Text

Spoofing and its Regulation, with Merritt B. Fox, Lawrence R. Glosten, 2021 Colum. Bus. L. Rev. 1243 (2022) | Link to Full Text

Distributed Ledger Technology and the Securities Markets of the Future: A Stakeholder Survey, with Merritt B. Fox, Lawrence R. Glosten, Edward Greene , 2021 Colum. Bus. L. Rev. 651 (2021) | Link to Full Text

Benchmark Competition, 80 Md. L. Rev. 1 (2020) | Link to Full Text

Jus Cogens: To Revise a Narrative, 26 Minn. J. Int'l L. 461 (2017) | Link to Full Text

Anna M. Han

Doing Business in China: Problems, Cases, and Materials with Chow. West (2012) (American Casebook Series) (Also available as an online book) | Link to Library Catalog

Industrial Property, Trademarks, Copyright, and Internet-Related IP in Business Law in China: Trade, Investment, Operations and Finance. Lapres and Zhang, editors. 2nd edition. ICC Publishing (2008)

Trends in IP Law in China: Is Enforcement Finally Happening? with Keefe in Doing Business in China. Adams and Bond, editors. BNA International (2006)

Legal Aspects of Franchising in China in International Franchising in Emerging Markets: China, India and Other Asian Markets. Alon and Welsh, editors. CCH (2001)

Holding Up More Than Half the Sky: Marketization and the Status of Women in China in Global Critical Race Feminism. Wing, editor. New York University Press (2000) (Reprinted at 11 Journal of Contemporary Legal Issues 791-810 (2001)) | Link to Digital Commons | Link to Library Catalog

Exploring Feminism Globally to Achieve Global Feminism, 11 The Journal of Contemporary Legal Issues 785-790 (2001) | Link to Digital Commons

Hong Kong's Economy Under Chinese Rule: Prosperity and Stability?, 22 Southern Illinois University Law Journal 325-336 (1998) | Link to Digital Commons

Technology Licensing to China: The Influence of Culture, (Symposium: International Legal Practice: Licensing, Protection, and Enforcement of Intellectual Property Rights in East Asia), 19 Hastings International and Comparative Law Review 629-643 (1996) | Link to Digital Commons

China's Company Law: Practicing Capitalism in a Transitional Economy, 5 Pacific Rim Law and Policy Journal 457-507 (1996) | Link to Digital Commons

Hong Kong's Basic Law: The Path to 1997, Paved with Pitfalls, 16 Hastings International and Comparative Law Review 321-342 (1993) | Link to Digital Commons

Franchising in Mainland China, with Oechsli, 58 Antitrust Law Journal 1013-1020 (1989) | Link to Digital Commons

New PRC and Shanghai Regulations for the Encouragement of Foreign Investment, (Symposium: International Legal Practice), 10 Hastings International and Comparative Law Review 557-569 (1987) | Link to Digital Commons

People's Republic of China's Foreign Enterprises Income Tax Law and Regulations, (Symposium: Tax Strategies for International Transactions: A Practical Approach), 6 Hastings International and Comparative Law Review 689-717 (1983) | Link to Digital Commons

To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization , 36 Santa Clara Law Review 1265-1269 (1996) | Link to Digital Commons | Link to Library Catalog

Law of Contract in Hong Kong , 121 China Quarterly 148-149 (March 1990) | Link to Full Text

Cuba: An Immersion Experience, with Mertens, 20 Santa Clara Law magazine 14-17 (Fall/winter 2013)

Why China's Trade Status Matters to U.S. Law Firms, 124 The Recorder 8 (May 17, 2000)

SCU Law Students Witness End of 99 Years of British Rule in Hong Kong, 29 The Advocate (University of Santa Clara School of Law) 5 (September 1997) | Link to Library Catalog

U.N. v. NGO: Alternative International Women's Conference Focuses on Action, 1996 Et Al.: The Magazine of Santa Clara University School of Law 36 (Spring/Summer 1996) | Link to Library Catalog

Journey of Discovery: Attending the NGO Forum on Women, ___ The Newsletter of the Asian American Bar Association ___ (December 1995)

Wish I Had Been Here Earlier: A First Timer's Impressions, 1993 The Salt Equalizer 11-12 (December 1993)

China's Copyright Law, 5 The Journal of International Franchising and Distribution Law 172-178 (1991)

China Joins Madrid Agreement, 4 The Journal of International Franchising and Distribution Law 200 (1990)

Inheritance Law of the People's Republic of China, 13 International Legal Practitioner 76-77 (1988) | Link to Digital Commons

Franchising in China, 2 Journal of International Franchising and Distribution Law 117-119 (1988)

Chinese Inheritance Law: Selected Chinese/English Vocabulary entries in Dictionary of Legal Words and Terms Relating to Succession to the Estates of Deceased Persons . Loewenthal, co-ordinator. International Bar Association ([between 1985 and 1990])

Joan C. Harrington

Death Penalty Attitudes and Conviction Proneness: The Translation of Attitudes into Verdicts, with Thompson, Cowan, and Ellsworth, 8 Law and Human Behavior 95-113 (1984) | Link to Full Text

Marina C. Hsieh

The Legal System in the United States with Wong in Asian American Almanac: A Reference Work. Gall, managing editor; Natividad, executive editor. Gale Research (1995) | Link to Library Catalog

"Language-Qualifying" Juries to Exclude Bilingual Speakers, 66 Brooklyn Law Review 1181-1206 (2001) | Link to Digital Commons | Link to Full Text

Symposium: Rethinking Racial Divides--Panel on Affirmative Action, with Chin, Cho, and Malamud, 4 Michigan Journal of Race & Law 195-240 (1998) | Link to Digital Commons | Link to Full Text

Application of the Civil Rights Act of 1991 to Pre-Existing Claims with Schnapper and Pillard. NAACP Legal Defense & Educational Fund, Inc. (1992)

Bradley W. Joondeph

State Taxes and 'Pike Balancing', 99 Ind. L. J. ___ (forthcoming 2024) | Link to Full Text

Remote Work and the State Taxation of Nonresident Employees, Volume 2023 Wisconsin L. Rev. ___ (forthcoming 2023)

The Health Care Cases and the New Meaning of Commandeering, 91 North Carolina Law Review 811-850 (2013) | Link to Digital Commons

Beyond the Doctrine: Five Questions That Will Determine the ACA's Constitutional Fate, 46 University of Richmond Law Review 763-780 (2012) | Link to Digital Commons

The Partisan Dimensions of Federal Preemption in the United States Courts of Appeal, 2011 Utah Law Review 223-253 (2011) | Link to Digital Commons

Business, the Roberts Court, and the Solicitor General: Why the Supreme Court's Recent Business Decisions May Not Reveal Very Much, with Srinivasan, 49 Santa Clara Law Review 1103-1121 (2009) | Link to Digital Commons

The Many Meanings of "Politics" in Judicial Decision Making, 77 University of Missouri-Kansas City Law Review 347-379 (2009) | Link to Digital Commons

Judging and Self-Presentation: Towards a More Realistic Conception of the Human (Judicial) Animal, (essay), 48 Santa Clara Law Review 523-568 (2008) | Link to Digital Commons

Federalism, the Rehnquist Court, and the Modern Republican Party, 87 Oregon Law Review 117-174 (2008) | Link to Digital Commons

Practical Consequences, Institutional Competence, and the Kentucky Bond Case, (Special Report), 46 State Tax Notes 268-280 (October 22, 2007) | Link to Digital Commons

The Deregulatory Valence of Justice O'Connor's Federalism, 44 Houston Law Review 507-551 (2007) | Link to Digital Commons

Rethinking the Role of the Dormant Commerce Clause in State Tax Jurisdiction, 24 Virginia Tax Review 109-139 (2004) | Link to Digital Commons

Exploring the "Myth of Parity" in State Taxation: State Court Decisions Interpreting Public Law 86-272, (Empirical Taxation), 13 Washington University Journal of Law and Policy 205-231 (2003) | Link to Digital Commons

The Meaning of Fair Apportionment and the Prohibition on Extraterritorial State Taxation, 71 Fordham Law Review 149-183 (2002) | Link to Digital Commons

Bush v. Gore , Federalism and the Distrust of Politics, 62 Ohio State Law Journal 1781-1829 (2001) | Link to Digital Commons

A Second Redemption?, 56 Washington and Lee Law Review 169-232 (1999) | Link to Digital Commons

Skepticism and School Desegregation, 76 Washington University Law Quarterly 161-170 (1998) | Link to Digital Commons

Missouri v. Jenkins and the De Facto Abandonment of Court-Enforced Desegregation, 71 Washington Law Review 597-681 (1996) | Link to Digital Commons

The Good, the Bad, and the Ugly: An Empirical Analysis of Litigation-Prompted School Finance Reform, 35 Santa Clara Law Review 763-824 (1995) | Link to Digital Commons

Tax Policy and Health Care Reform: Rethinking the Tax Treatment of Employer-Sponsored Health Insurance, 1995 Brigham Young University Law Review 1229-1261 (1995) | Link to Digital Commons

Killing Brown Softly: The Subtle Undermining of Effective Desegregation in Freeman v. Pitts , (case note), 46 Stanford Law Review 147-174 (1993) | Link to Digital Commons

Law, Politics, and the Appointments Process, (review of Advice and Consent: The Politics of Judicial Appointments ), 46 Santa Clara Law Review 737-765 (2006) | Link to Digital Commons | Link to Library Catalog

A Marbury for Our Times, 43 Advocate (Santa Clara, Calif.) 1, 6 (September 27, 2012)

Prof.'s Corner: Joondeph on ACA, 41 Advocate (Santa Clara, Calif.) 5 (November 16, 2010)

Law, Politics, and the Appointment Process, 13 Santa Clara Law 36 (Spring 2006)

The 10th Amendment - Generally Applicable Law and Congress' Power to Regulate State Taxation, 35 State Tax Notes 205 (January 17, 2005)

State and Local Tax at the Supreme Court: A Case of Constitutional Neglect?, 33 State Tax Notes 869 (September 20, 2004)

Some Caution on Gay Marriage, 11 Santa Clara Law 36 (Fall 2004)

Rethinking Commerce Clause Nexus, 31 State Tax Notes 1001 (March 22, 2004)

Are State Courts Biased Against Taxpayers That Seek the Protection of Federal Law?, 30 State Tax Notes 281 (October 27, 2003)

The Judiciary-Centric Rehnquist Court, 2001 Et Al.: The Magazine of Santa Clara University School of Law 36 (Summer/Fall 2001)

Paige Kaneb

Outside the Echo Chamber: A Response to the “Consensus Statement on Abusive Head Trauma in Infants and Young Children, 59 Santa Clara Law Review 299 (2019) | Link to Digital Commons

If Hindsight is 20/20, Our Justice System Should Not be Blind to New Evidence of Innocence: A Survey of Post-Conviction New Evidence Statutes and a Proposed Model , 79 Albany Law Review 1045 (2016) | Link to Digital Commons

Innocence Presumed: A New Analysis of Innocence as a Constitutional Claim, (2014) | Link to Digital Commons

Michael Kaufman

Learning civil procedure. with Brooke D. Coleman, Jeffrey W. Stempel, Steven Baicker-McKee, David F. Herr. Fourth Edition. West Academic Publishing (2022) | Link to Library Catalog

Rule 10b-5 Private Securities-Fraud Litigation (with J. Wunderlich). West (2021) (Annual Supplements since 2014)

Badges and Incidents: A Transdiciplinary History of the Right to Education in America . Cambridge University Press (2019)

Blue Sky Law. with J. Long and J. Wunderlich.. Thomson Reuters (2020) (3 volume set. Annual Supplements since 2016)

Illinois Civil Trial Procedure. Second Edition . West (2020) (Annual Supplements since 2009)

Securities Litigation: Damages, Vol. 26. West (2020) (Annual Supplements since 1989)

Depositions: Law, Strategy and Technique (with Lisnek). West (2020) (Annual Supplements since 1995)

Securities Litigation: Law, Policy and Practice (With M. Steinberg, W. Couture, and D. Morrissey). Carolina Academic Press (2016) (with Annual Updates)

Education Law, Policy and Practice: Cases and Materials (with S. Kaufman). Fourth Edition. Aspen (2018)

The Pre-K Home Companion: Learning the Importance of Early Childhood Education and Choosing the Best Program for your Family (With S. Kaufman and E. Nelson). Rowman and Littlefield (2016)

Learning Together: The Law Policy, Pedagogy, Economics, and Neuroscience of Early Childhood Education (with S. Kaufman and E. Nelson). Rowman and Littlefield (2015)

Social Justice and the American Law School Today: Since We are Made for Love, 40 Seattle L. Rev. 1187 (2017) | Link to Full Text

Paving the Delaware Way: Legislative and Equitable Limits on Fee Shifting By Laws after ATP, 93 Wash. Univ. L. Rev. 335 (2015) (with J. Wunderlich) | Link to Full Text

The Bromberg Balance: Proper Portfolio-Monitoring Agreements in Securities Class Actions, 68 S.M.U. L. Rev. 771 (2015) (with J. Wunderlich) | Link to Full Text

Leave Time for Trouble: The Limitations Periods Under the Securities Laws, 40 J. Corp. Law 143 143 (2014) (with J. Wunderlich) | Link to Full Text

Messy Mental Markers: Inferring Scienter from Core Operations in Securities Fraud Litigation, 73 Ohio St. L.J. 507 (2012) (with J. Wunderlich) | Link to Full Text

From Texas Gulf Sulphur to Laudato Si’: Mining Equitable Principles from Insider Trading Law, 71 S.M.U. L. Rev. 811 (2018) | Link to Full Text

Fraud Created the Market, 63 Ala. L. Rev. 275 (2011-2012) | Link to Full Text

Summary Pre-Judgment: The Supreme Court's Profound, Pervasive, and Problematic Presumption about Human Behavior, 43 Loy. U. Chi. L.J. 593 (2011-2012) | Link to Full Text

The Judicial Access Barriers to Remedies for Securities Fraud, 75 Law & Contemp. Probs. 55 (2012) | Link to Full Text

Toward a Just Measure of Repose: The Statute of Limitations for Securities Fraud, 52 Wm. & Mary L. Rev. 1547 (2010-2011) | Link to Full Text

Regressing: The Troubling Dispositive Role of Event Studies in Securities Fraud Litigation, with Wunderlich, J., 15 Stan. J.L. Bus. & Fin. 183 (2010) | Link to Full Text

The Unjustified Judicial Creation of Class Certification Merits Trials in Securities Fraud Actions, with Wunderlich, J. , 43 U. Mich. J.L. Reform 323 (2009) | Link to Full Text

(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy to Secondary School Students and Preferencing Racially-Literate Applicants to Higher Education, 13 Mich. J. Race & L. 147 (2007) | Link to Full Text

Reading, Writing, and Race: The Constitutionality of Educational Strategies Designed to Teach Racial Literacy, 47 U. of Richmond L. R. 707 (2007) | Link to Full Text

PICS in Focus: A Majority of the Supreme Court Reaffirms the Constitutionality of Race-Conscious School Integration Strategies, 35 Hastings Const. L.Q 1 (2007) | Link to Full Text

Nationalizing Ethical Standards for Securities Lawyers, 46 Washburn L. J. 109 (2006) | Link to Full Text

Rhetorical Questions Concerning Justice and Equality in Educational Opportunities, 36 Loy. U. Chi. L.J. 495 (2005) | Link to Full Text

The Value of Friendship in Law and Literature, 60 Fordham L. Rev. 645 (1991-1992) | Link to Full Text

No Foul, No Harm: The Real Measure of Damages under Rule 10b-5, 39 Cath. U. L. Rev. 29 (1989-1990) | Link to Full Text

Federal and State Handicapped Discrimination Laws: Toward an Accommodating Legal Framework, 18 Loy. U. Chi. L.J. 1119 (1987) | Link to Full Text

Lisa A. Kloppenberg

Resolving Disputes: Theory, Practice, and Law, with Folberg, Golann, and Stipanowich. 2nd edition. Wolters Kluwer (2010)

Resolving Disputes: Theory, Practice, and Law, with Folberg, Golann, and Stipanowich. Aspen Publishers (2005) | Link to Library Catalog

Playing It Safe: How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law. New York University Press (2001)

Oregon Rules of Civil Procedure: 1994 Handbook: Legislative History and Summary of Major Changes. Butterworth Legal Publishers (1993)

Training the Heads, Hands and Hearts of Tomorrow's Lawyers: A Problem Solving Approach, (Symposium), 2013 Journal of Dispute Resolution 103-142 (2013) | Link to Digital Commons

Pro Bono: Assessing Aims and Achievement, with Shaw, (Leadership in Legal Education Symposium IX Essays), 40 University of Toledo Law Review 357-369 (2009) | Link to Digital Commons

Educating Problem Solving Lawyers for Our Profession and Communities, 61 Rutgers Law Review 1099-1114 (2009) | Link to Digital Commons

The Rise of Two-Year Programs?: Transcript of Proceedings, 38 Southwestern Law Review 541-552 (2009) | Link to Digital Commons

"Lawyer as Problem Solver:" Curricular Innovation at Dayton, (Leadership in Legal Education Symposium VII - Essays by American Law Deans), 38 University of Toledo Law Review 547-556 (2007) | Link to Digital Commons

The Avoidance Canon: From the Cold War to the War on Terror, 32 University of Dayton Law Review 349-360 (2007) | Link to Digital Commons

Does Avoiding Constitutional Questions Promote Judicial Independence?, 56 Case Western Reserve Law Review 1031-1041 (2006) | Link to Digital Commons

Reforming Chinese Arbitration Law and Practices in the Global Economy, with Xiuwen, 31 University of Dayton Law Review 421-452 (2006) | Link to Digital Commons

The Balancing Act: Leadership in Strategic Planning, 36 University of Toledo Law Review 103-110 (2004) | Link to Digital Commons

Implementation of Court-Annexed Environmental Mediation: The District of Oregon Pilot Project, 17 Ohio State Journal on Dispute Resolution 559-596 (2002) | Link to Digital Commons

Avoiding Serious Constitutional Doubts: The Supreme Court's Construction of Statutes Raising Free Speech Concerns, 30 University of California at Davis Law Review 1-93 (1996) | Link to Digital Commons

The Public Interest in the Work of the Courts: Opinions and Beyond, 76 Oregon Law Review 249-256 (1996) | Link to Digital Commons

Measured Constitutional Steps, 71 Indiana Law Journal 297-354 (1996) | Link to Digital Commons

Avoiding Constitutional Questions, 35 Boston College Law Review 1106-1066 (1994) | Link to Digital Commons

Disclosure of Confidential Sources in International Reporting, 60 Southern California Law Review 1631-1671 (1987) | Link to Digital Commons

"A Charmed Life": In Memory of Francis J. Conte, 36 University of Dayton Law Review 279-283 (2011) | Link to Digital Commons

CLEPR Anniversary Remarks Regarding Judge Dorothy Wright Nelson, 16 Clinical Law Review 29-31 (2009) | Link to Digital Commons

Telling a Constitutional Story: Examples of Constitutional Dialogue, 49 Saint Louis University Law Journal 685-690 (2005) | Link to Digital Commons

A Mentor of Her Own, 33 University of Toledo Law Review 99-102 (2001) | Link to Digital Commons

Ellen S. Kreitzberg

Jury Selection: The Law, Art, and Science of Selecting a Jury. with Gobert and Rose. 3d , 2020 ed. West (2020) | Link to Library Catalog

Understanding Capital Punishment with Carter and Howe. 3rd edition. LexisNexis (2012) | Link to Library Catalog

Understanding Capital Punishment Law with Carter and Howe. 2nd edition. LexisNexis (2008)

Understanding Capital Punishment Law with Carter. Lexis (2004)

California Criminal Law Trial Guide with Markham and Johnson. Matthew Bender (1994) | Link to Library Catalog

Voir Dire in California Death Penalty Defense Manual. California Attorneys for Criminal Justice; California Public Defenders Association. California Attorneys for Criminal Justice : California Public Defenders Association (1989)

But Can It Be Fixed? A Look at Constitutional Challenges to Lethal Injection Executions, with Richter, 47 Santa Clara Law Review 445-510 (2007) | Link to Digital Commons

Innocent of a Capital Crime: Parallels Between Innocence of a Crime and Innocence of the Death Penalty, with Carter, (Symposium: The Death Penalty and the Question of Actual Innocence), 42 Tulsa Law Review 437-461 (2006) | Link to Digital Commons

Death Without Justice, (Symposium: The Death Penalty: Race, Poverty and Justice), 35 Santa Clara Law Review 485-518 (1995) | Link to Digital Commons

Attorney-Client Privilege, 6 California Defender 2-23 (Summer/Fall 1994) (Published by California Public Defenders Association) | Link to Digital Commons

Psychotherapist-Patient Privilege, 6 California Defender 26-38 (Summer/Fall 1994) (Published by California Public Defenders Association) | Link to Digital Commons

The Privilege Against Self-Incrimination, 6 California Defender 47-57 (Summer/Fall 1994) (Published by California Public Defenders Association) | Link to Digital Commons

A Time to Heal, 2001 Et Al.: The Magazine of Santa Clara University School of Law 22-23 (Summer/Fall 2001)

Executing the Innocent, 2000 Et Al.: The Magazine of Santa Clara University School of Law 36 (Winter/Spring 2000)

Capital Cases: How Much Payne Will the Courts Allow?, 22 Champion 31-35, 60 (January/February 1998)

Introduction: The Death Penalty: Race, Poverty and Justice, (Symposium: The Death Penalty: Race, Poverty and Justice), 35 Santa Clara Law Review 419-424 (1995) | Link to Digital Commons

Dennis P. Lilly

Oh, But It Doesn't Have to Be That Way, (review of Fatal Subtraction: The Inside Story of Buchwald v. Paramount ), 35 Santa Clara Law Review 397-408 (1994) | Link to Digital Commons | Link to Library Catalog

The Jarvis-Gann Initiative, 3 The Advocate (SCU Law School Periodical) 10-11 (April 1978)

Brian J. Love

Patent Remedies and Complex Products. edited by C. Bradford Biddle, Jorge L. Contreras, Brian J. Love, and Norman V. Siebrasse. Cambridge University Press (2019)

U.S. Patent Sales by Universities and Research Institutes with others. in Research Handbook on Intellectual Property and Technology Transfer. Jacob H. Rooksby ed. Edward Elgar Publishing (forthcoming 2020)

Patent Duration in Research Handbook on the Economics of Intellectual Property Law (Vol. II -- Analytical Methods) . edited by Peter S. Menell & David L. Schwartz. Edward Elgar Publishing (2019)

Patent Assertion Entities in Europe with Helmers, Gaessler, and Ernicke in Patent Assertion Entities and Competition Policy. Sokol, editor. Cambridge University Press (2017) | Link to Digital Commons

Patent Validity and Litigation: Evidence from U.S. Inter Partes Review, with Helmers, ___ J. of Law & Economcs ___ (forthcoming 2023)

Are Market Prices for Patent Licenses Observable? Evidence from 4G and 5G Licensing, with Christian Helmers, 24 Colum. Sci. & Tech. L. Rev. 55 (2022) | Link to Full Text

The Effect of Patent Litigation Insurance: Theory and Evidence from NPEs, with Bernhard Ganglmair and Christian Helmers, 38 J. of Law, Econ., & Org. 741 (2022)

The Determinants of Patent Quality: Evidence from Inter Partes Review Proceedings, with Shawn P. Miller and Shawn Ambwani, 90 University of Colorado Law Review 67 (2019) | Link to Full Text

Who Needs a Copyright Small Claims Court? Evidence from the U.K.'s IP Enterprise Court, with Christian Helmers, Yassine Lefouili, and Luke McDonagh, 2018 Berkeley Technology Law Journal Commentaries (January 10, 2018) | Link to Full Text

An Empirical Look at the 'Brokered' Market for Patents, with Kent Richardson, Erik Oliver and Michael Costa, 83 Missouri Law Review 359 (2017) | Link to Full Text

Litigation of Standards-Essential Patents in Europe: A Comparative Analysis, with Contreras, Gaessler, and Helmers, 32 Berkeley Technology Law Journal 1457 (2017) | Link to Full Text

Predictably Expensive: A Critical Look at Patent Litigation in the Eastern District of Texas, with James Yoon , 20 Stanford Technology Law Review 1 (2017) | Link to Full Text

To Improve Patent Quality, Let's Use Fees to Weed Out Weak Patents, 2016 Berkeley Technology Law Journal Commentaries (March, 12, 2016) | Link to Digital Commons | Link to Full Text

Patent Litigation in China: Protecting Rights or the Local Economy?, with Helmers, Gaessler, and Ernicke, 18 Vanderbilt Journal of Entertainment & Technology Law 713 (2016) | Link to Full Text

Inter Partes Review as a Shield for Technology Purchasers: A Response to Gaia Bernstein's 'The Rise of the End-User in Patent Litigation', 56 Boston College Law Review 1075 (2015) | Link to Full Text

Bad Actors and the Evolution of Patent Law, 101 Virginia Law Review Online 1 (2015) | Link to Full Text

Inter Partes Review: An Early Look at the Numbers, with Shawn Ambwani, 81 University of Chicago Law Review Dialogue 93 (2014) | Link to Full Text

Do University Patents Pay Off?: Evidence from a Survey of University Inventors in Computer Science and Electrical Engineering, 16 Yale Journal of Law and Technology 285 (2014 ) | Link to Digital Commons | Link to Full Text

Is There a Patent Troll Problem in the U.K.?, with Helmers & McDonagh, 24 Fordham Intellectual Property Media and Entertainment Law Journal 509-553 (2014) | Link to Digital Commons

Expanding Patent Law’s Customer Suit Exception, with Yoon, 93 Boston University Law Review 1605-1641 (2013) | Link to Full Text

Make the Patent "Polluters" Pay: Using Pigovian Fees to Curb Patent Abuse, with Bessen, 4 California Law Review Circuit 84-91 (2013)

An Empirical Study of Patent Litigation Timing: Could a Patent Term Reduction Decimate Trolls Without Harming Innovators?, 161 University of Pennsylvania Law Review 1309-1359 (2013) | Link to Full Text

Best Mode Trade Secrets, with Seaman, 15 Yale Journal of Law and Technology 1-23 (2013) (Reprinted at 45 Intellectual Property Law Review 723-745 (2013)) | Link to Digital Commons

Why Patentable Subject Matter Matters for Software, 81 George Washington Law Review Arguendo 1-11 (2012) ( Arguendo is the online companion to the George Washington Law Review ) | Link to Digital Commons

Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won't Avert the Coming Data Crunch, with Krogmeier and Love, 89 Washington University Law review 705-719 (2012) | Link to Digital Commons

Interring the Pioneer Invention Doctrine, 90 North Carolina Law Review 379-459 (2012) | Link to Digital Commons

The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent, 74 Missouri Law Review 909-949 (2009) | Link to Digital Commons

Patentee Overcompensation and the Entire Market Value Rule, 60 Stanford Law Review 263-294 (2007) | Link to Digital Commons

Jean C. Love

Equitable Remedies, Restitution, and Damages: Cases and Materials with Kovacic-Fleisher and Nelson. 8th edition. Thomson/West (2011) (Revised edition of: Cases and Materials on Equitable Remedies, Restitution, and Damages , with Leavell, Nelson, and Kovacic-Fleisher. 7th edition. Thomson/West (2005)) | Link to Library Catalog

Cases and Materials on Equitable Remedies, Restitution, and Damages with Leavell, Nelson, and Kovacic-Fleisher. 7th edition. Thomson/West (2005)

An Introduction to the Anglo-American Legal System: Readings and Cases with Bodenheimer and Oakley. 4th edition. Thomson/West (2004)

An Introduction to the Anglo-American Legal System: Readings and Cases with Bodenheimer and Oakley. 3rd edition. West Group (2001) (accompanied by teacher's manual)

Cases and Materials on Equitable Remedies, Restitution, and Damages with Leavell, Nelson, and Kovacic-Fleisher. 6th edition. West Group (2000) (accompanied by teacher's manual)

Cases and Materials on Equitable Remedies, Restitution, and Damages. 5th edition. West Publishing Co. (1994) (accompanied by teacher's manual)

An Introduction to the Anglo-American Legal System: Readings and Cases with Bodenheimer and Oakley. 2nd edition. West Publishing Co. (1988)

Cases and Materials on Equitable Remedies, Restitution, and Damages with Leavell and Nelson. 4th edition. West Publishing Co. (1986)

An Introduction to the Anglo-American Legal System: Readings and Cases with Bodenheimer and Oakley. West Publishing Co. (1980)

Cases and Materials on Equitable Remedies and Restitution with Leavell and Nelson. 3rd edition. West Publishing Co. (1980)

The Soviet Legal System and Arms Inspection: A Case Study in Policy Implementation with Zile and Sharlet. Praeger Publishers (1972) | Link to Library Catalog

Legal Aspects of Verification in the Soviet Union with Zile. University of Wisconsin Law School (1967)

Six Cases in Search of a Decision: The Story of In Re Marriage Cases with Cain in Women and the Law Stories. Wildman and Schneiders, editors. Foundation Press (2011)

Cincinnati: Before and After (A Love Story), with Patricia Cain, 66 J. Legal Educ. 460-472 (2017)

The Synergistic Evolution of Liberty and Equality in Marriage Cases Brought by Same-Sex Couples in State Courts, 13 Journal of Gender, Race and Justice 275-320 (2010) | Link to Digital Commons

Commentary: The Value of Narrative in Legal Scholarship and Teaching, 2 Journal of Gender, Race and Justice 87-97 (1998) | Link to Digital Commons

Twenty Questions on the Status of Women Students in Your Law School, 11 Wisconsin Women's Law Journal 405-415 (1997) | Link to Digital Commons

Legal Formalism from the Perspective of a Reasonable Law Professor, 16 Harvard Journal of Law and Public Policy 627-637 (1993) | Link to Digital Commons

Tort Actions for Hate Speech and the First Amendment: Reconceptualizing the Competing Interests, 2 Law and Sexuality 29-35 (1992) | Link to Digital Commons

Presumed General Compensatory Damages in Constitutional Tort Litigation: A Corrective Justice Perspective, 49 Washington and Lee Law Review 67-91 (1992) | Link to Digital Commons

Discriminatory Speech and the Tort of Intentional Infliction of Emotional Distress, 47 Washington and Lee Law Review 123-159 (1990) | Link to Digital Commons

Retaliatory Discharge for Filing a Workers' Compensation Claim: The Development of a Modern Tort Action, 37 Hastings Law Journal 551-590 (1986) | Link to Digital Commons

Actions for Nonphysical Harm: The Relationship Between the Tort System and No-Fault Compensation (With an Emphasis on Workers' Compensation), 73 California Law Review 857-897 (1985) | Link to Digital Commons

Punishment and Deterrence: A Comparative Study of Tort Liability for Punitive Damages Under No-Fault Compensation Legislation, 16 U.C. Davis Law Review 231-282 (1983) | Link to Digital Commons

Damages: A Remedy for the Violation of Constitutional Rights, 67 California Law Review 1242-1285 (1979) | Link to Digital Commons

Tortious Interference with the Parent-Child Relationship: Loss of an Injured Person's Society and Companionship, 51 Indiana Law Journal 590-634 (1976) | Link to Digital Commons

Landlord's Liability for Defective Premises: Caveat Lessee, Negligence, or Strict Liability?, 1975 Wisconsin Law Review 19-160 (1975) | Link to Digital Commons

Role of Defense Counsel in Soviet Criminal Proceedings, 1968 Wisconsin Law Review 806-900 (1968) | Link to Digital Commons

Pretrial Exclusionary Evidence Ruling, 1967 Wisconsin Law Review 738-758 (1967) | Link to Digital Commons

One Wedding and a Revolution: A Film by Debra Chasnoff, with Cain, 24 St. Louis University Public Law Review 11-20 (2005) | Link to Digital Commons | Link to Library Catalog

Stories of Rights: Developing Moral Theory and Teaching Law, with Cain, (review of Rights, Restitution, and Risk: Essays in Moral Theory) , 86 Michigan Law Review 1365-1387 (1988) | Link to Digital Commons | Link to Library Catalog

Kerry Lynn Macintosh

Enhanced Beings: Human Germline Modification and the Law. Cambridge University Press (2018) | Link to Library Catalog

Human Cloning: Four Fallacies and Their Legal Consequences. Cambridge University Press (2013) | Link to Library Catalog

Illegal Beings: Human Clones and the Law. Cambridge University Press (2005) | Link to Library Catalog

Secured Transactions and Payment Systems: Problems and Answers with Clarke, Dolan, and Garvin. 2nd edition. Aspen Publishers (2003) | Link to Library Catalog

Human Cloning in Elgar Encyclopedia of Human Rights. Christina Binder, Manfred Nowak, Jane Hofbauer, Philipp Janig, editors. 424-430. Edward Elgar Publishing (2022)

The Regulation of Human Germline Genome Modification in the United States in Human Germline Genome Modification and the Right to Science: A Comparative Study of National Laws and Policies. Andrea Boggio, Cesare P.R. Romano, & Jessica Almqvist, editors. Cambridge University Press (2020)

Human Cloning: Stereotypes, Public Policy, and the Law in Handbook on Philosophy and Public Policy. David Boonin, editor. Palgrave Macmillan (2018)

Human Cloning and Family in the New Millennium in Families: Beyond the Nuclear Ideal. Cutas and Chan, editors. Bloomsbury Academic (2012) (American edition published under the title: Beyond the Nuclear Family )

Technology and the Case for Free Banking with Friedman in The Half-Life of Policy Rationales: How New Technology Affects Old Policy Issues. Klein and Foldvary, editors. New York University Press (2003) | Link to Library Catalog

Letters of Credit: Dishonor When a Required Document Fails to Conform to the Section 7-507(b) Warranty in Letters of Credit: Current Thinking in America. Hillman, editor. Butterworth's (1987) (Originally published at 6 Journal of Law and Commerce 1-22 (1986)

Dobbs, Abortion Laws, and In Vitro Fertilization, 26 J. Health Care L. & Pol’y 1-48 (2023)

Heritable Genome Editing and Cognitive Biases: Why Broad Societal Consensus Is the Wrong Standard for Moving Forward, 9 Journal of Law and the Biosciences 1-20 (2022)

Reactions to the National Academies/Royal Society Report on Heritable Human Genome Editing, with Misha Angrist et al., 3 CRISPR J. 332-349 (2021)

Does Mitochondrial Replacement Therapy Violate Laws against Human Cloning, 43 Loyola Int’l & Comp. L. Rev. 251-278 (2021) | Link to Digital Commons

Heritable Genome Editing and the Downsides of a Global Moratorium, 2 CRISPR J. 272-279 (2019)

Chimeras, Hybrids, and Cybrids: How Essentialism Distorts the Law and Stymies Scientific Research, 47 Arizona State Law Journal 183-233 (2015) | Link to Digital Commons

Teaching About the Biological Clock: Age-Related Fertility Decline and Sex Education, 22 UCLA Women's Law Journal 1-37 (2015) | Link to Digital Commons

Psychological Essentialism and Opposition to Human Embryonic Stem Cell Research, 18 Journal of Technology Law and Policy 229-264 (2013) | Link to Digital Commons

Brave New Eugenics: Regulating Assisted Reproductive Technologies in the Name of Better Babies, 2010 University of Illinois Journal of Law, Technology and Policy 257-310 (2010) | Link to Digital Commons

Human Clones and International Human Rights, 4 Santa Clara Journal of International Law 134-156 (2006) (also published in 7 University of Technology Sydney Law Review 134-156 (2005); v.7 is titled The Mind, the Body and the Law , published by Halstead Press (2006)) | Link to Digital Commons

Electronic Cash: More Questions than Answers, (Association of American Law Schools 2001 Annual Meeting, Section on Law and Computers Panel Presentation), 7 Boston University Journal of Science and Technology Law 213-222 (2001) | Link to Digital Commons

The Cash of the Twenty-First Century, with Friedman, 17 Santa Clara Computer and High Technology Law Journal 273-284 (2001) | Link to Digital Commons

The New Money, (Symposium: The Legal and Policy Framework for Global Electronic Commerce: A Progress Report), 14 Berkeley Technology Law Journal 659-673 (1999) | Link to Digital Commons

How to Encourage Global Electronic Commerce: The Case for Private Currencies on the Internet, 11 Harvard Journal of Law and Technology 733-796 (1998) | Link to Digital Commons

Liberty, Trade, and the Uniform Commercial Code: When Should Default Rules Be Based on Business Practices?, 38 William and Mary Law Review 1465-1543 (1997) | Link to Digital Commons

Gilmore Spoke Too Soon: Contract Rises from the Ashes of the Bad Faith Tort, 27 Loyola of Los Angeles Law Review 483-540 (1994) | Link to Digital Commons

"We Have Met the Enemy and He Is Us", (Symposium: Is the UCC Dead, or Alive and Well?), 26 Loyola of Los Angeles Law Review 673-682 (1993) | Link to Digital Commons

Letters of Credit: Curbing Bad-Faith Dishonor, 25 Uniform Commercial Code Law Journal 3-48 (1992)

Am I My Borrower's Keeper?, (Symposium: Scholarship in Banking Law), 50 Ohio State Law Journal 1197-1227 (1989) | Link to Digital Commons

When Are Merger Clauses Unconscionable?, 64 Denver University Law Review 529-548 (1988) | Link to Digital Commons

Letters of Credit: Dishonor When a Required Document Fails to Conform to the Section 7-507(b) Warranty, 6 Journal of Law and Commerce 1-22 (1986) (Reprinted as a chapter in Letters of Credit: Current Thinking in America. Hillman, editor. Butterworths (1987)) | Link to Digital Commons

CRISPR People: He Jiankui v. Science, 25 Stanford Tech. L. Rev. 290-304 (reviewing Henry T. Greely, CRISPR People: The Science and Ethics of Editing Humans (2022) | Link to Full Text

Gene Editing Sperm and Eggs for Use in Clinical Trials, Letter to the Editor, 49 J. Law, Medicine & Ethics 156-157 (2021)

Working Towards Fair Information Practices: A Report, (Santa Clara Symposium on Privacy and IVHS), 11 Santa Clara Computer and High-Technology Law Journal 141-144 (1995) | Link to Digital Commons

Sandee Magliozzi

Can Competencies Drive Change in the Legal Profession? with Terri Mottershead in Innovating Talent Management in Law Firms. Terri Mottershead, General Editor. National Association for Law Placement (2016) Chapter 5. | Link to Library Catalog

Innovation in Legal Education Through Collaboration Between Law Schools and Law Firms with Michele Bendekovic in Innovating Talent Management in Law Firms. Terri Mottershead, General Editor. NALP (2016) Chapter 14. | Link to Library Catalog

Bridging the Gap: From Law School to Law Firm in The Art and Science of Strategic Talent Management in Law Firms. Mottershead, editor. West (2010)

Can Competencies Drive Changes in the Legal Profession?, 11 University of St. Thomas Law Journal 51-86 (Fall 2013) | Link to Digital Commons

Criminal Law--International Jurisdiction--Federal Child Pornography Statute Applies to Extraterritorial Acts, United States v. Thomas, 893 F.2d 1066 (9th Cir. 1990), 14 Suffolk Transnational Law Journal 605-614 (1991) | Link to Digital Commons

Aliens--Immigration and Nationality Act--Foreign Logging Vessels' Crane Operators Are Not Alien Crewmen Entitled to Enter the United States Without Work Visas International Longshoremen's and Warehousemen's Union v. Meese, 833 F.2d 1443 (9th Cir. 1989) , 14 Suffolk Transnational Law Journal 221-230 (1990) | Link to Digital Commons

How Moving from “Best” to “Next” Practices Can Fuel Innovation, November 2015 PD Quarterly 26-29 (2015) | Link to Digital Commons

Developing Our Students: A Competency Model Approach, 20 Santa Clara Law: The Magazine of Santa Clara University School of Law 8-11 (Spring 2014)

A Leader in Practice-Ready Graduates, 19 Santa Clara Law Magazine (Fall/Winter 2012) | Link to Full Text

Leveraging Externship Opportunities to Provide Benchmark Experiences and Skills for Practice, with Beneville, 23 NALP Bulletin ___ (March 2011) | Link to Digital Commons

Ensuring Presentations by Practicing Lawyers Engage Students, with Beneville, 22 NALP Bulletin ___ (January 2010) | Link to Digital Commons

Leadership Skills Development Is Lawyer Skills Development, with Beneville, 21 NALP Bulletin ___ (November 2009) | Link to Digital Commons

How Will You Thrive in an Uncertain Economy?, with Beneville, ___ The Complete Lawyer ___ (May 2009) (online exclusive) | Link to Digital Commons

Use Coaching To Develop Your Lawyers’ Skills And Expand Your Firm’s Potential, with Beneville, ___ The Complete Lawyer ___ (March 2009) (online exclusive) | Link to Digital Commons

Professional Development: Your Key to Success and Satisfaction, with Beneville, ___ The Complete Lawyer ___ (November 2008) (online exclusive) | Link to Digital Commons

Kenneth A. Manaster

The American Legal System and Civic Engagement: Why We All Should think Like Lawyers. Palgrave Macmillan (2013)

Environmental Protection and Justice: Readings on the Practice and Purposes of Envrionmental Law. 3rd edition. LexisNexis (2007) | Link to Library Catalog

California Environmental Law and Land Use Practice with Selmi. M. Bender (1989-1999?): LexisNexis (200?-) (1989- ) (Updated by loose-leaf) | Link to Library Catalog

State Environmental Law with Selmi. Clark Boardman Callaghan (1989-2001): Thomson/West (2001-) (Updated by loose-leaf)

Illinois Justice: The Scandal of 1969 and the Rise of John Paul Stevens. University of Chicago Press (2001) | Link to Library Catalog

Environmental Protection and Justice. 2nd edition. Anderson Publishing Company (2000)

Environmental Protection and Justice: Readings and Commentary on Environmental Law and Practice. Anderson Publishing Company (1995)

Benefits and Challenges in Pro Bono Practice and Legal Ethics. LexisNexis (forthcoming 2016)

The Law of Nuisance in California Torts. Levy, Golden, and Sacks, editors. Matthew Bender & Co. (1985) | Link to Library Catalog

The Many Paths of Environmental Practice: A Response to Professor Bonine, 28 Pace Environmental Law Review 238-264 (2010) | Link to Digital Commons

Fairness in the Air: California's Air Pollution Hearing Boards, 24 UCLA Journal of Environmental Law and Policy 1-104 (2006) | Link to Digital Commons

Justice Stevens, Judicial Power, and the Varieties of Environmental Litigation, 74 Fordham Law Review 1963-2008 (2006) | Link to Digital Commons

Ten Paradoxes of Environmental Law, 27 Loyola of Los Angeles Law Review 917-941 (1994) | Link to Digital Commons

Administrative Adjudication of Air Pollution Disputes: The Work of Air Pollution Control District Hearing Boards in California, 17 U.C. Davis Law Review 1117-1146 (1984) | Link to Digital Commons

Energy Equity for the Poor: The Search for Fairness in Federal Energy Crisis Policy, 7 Harvard Environmental Law Review 371-428 (1983) | Link to Digital Commons

An Introductory Analysis of Energy Law and Policy, 22 Santa Clara Law Review 1151-1178 (1982) (Reprinted at 26 Corporate Practice Commentator 251 (1984)) | Link to Digital Commons

Law and the Dignity of Nature: Foundations of Environmental Law, 26 DePaul Law Review 743-766 (1977) (Reprinted at 9 Land Use and Environment Law Review 3 (1978)) | Link to Digital Commons

Early Thoughts on Prosecuting Polluters, 2 Ecology Law Quarterly 471-492 (1972) (Republished in Portuguese as Processo Criminal E Civil Contra Poluidores: Primeiras Reflexoes 43 Revista Justitia 194 (1981) Translated by Guimaraes, Jr.) | Link to Digital Commons

The Development of Federal Water Pollution Control: The Present and the Future, 1971 University of Illinois Law Forum 36-54 (1971) | Link to Digital Commons

Squatters and the Law: The Relevance of the United States Experience to Current Problems in the Developing Countries, 43 Tulane Law Review 94-127 (1968) | Link to Digital Commons

The Problem of Urban Squatters in Developing Countries: Peru, 1968 Wisconsin Law Review 23-61 (1968) | Link to Digital Commons

Cleaning Up America: An Insider's View of the Environmental Protection Agency , 3 Columbia Journal of Environmental Law 382-387 (1977) | Link to Library Catalog | Link to Full Text

The Finest Judges Money Can Buy , 15 Santa Clara Lawyer 256-261 (1974) | Link to Digital Commons

Cable Television U.S.A.: An Analysis of Government Policy , 62 Kentucky Law Journal 902-906 (1973) | Link to Digital Commons

Why We all Should Think Like Lawyers, 20 Santa Clara Law magazine 18-21 (Fall/winter 2013)

Always Something New: Thoughts on the Journal's 25th Birthday, 25 Santa Clara Computer and High Technology Law Journal 1-2 (2008) | Link to Digital Commons

California's Air Pollution Hearing Boards: An Introduction, 2006 California Environmental Law Reporter 473-478 (2006) | Link to Library Catalog

The Intel Environment Award, 7 STS Nexus ___ (Fall 2006)

The Intel Environment Award, 6 STS Nexus ___ (Fall 2005)

The Intel Environment Award, 5 STS Nexus ___ (Fall 2004)

The Story Behind the Book: Illinois Justice , 15 CBA Record 39-40 (September 2001) | Link to Digital Commons

On the Birth of a Law Journal, 1 Santa Clara Computer and High-Technology Law Journal 3-5 (1985) | Link to Digital Commons

The Judicial Article: The Proposal for Merit Selection of Judges in Illinois, 51 Chicago Bar Record 294-301 (1970) | Link to Digital Commons

The Environment and Ecological Sustainability. (January 2005) (SCU Future Directions Discussion Paper)

Cynthia A. Mertens

Real Estate Finance. Revised edition. (2009) (Electronic casebook)

Real Estate Finance with Hofmann. (2002) (Electronic casebook. Revised edition of Secured Debt (1996))

Secured Debt with Neustadter. (1996) (Electronic casebook)

Landlord-Tenant Tort Liabilities in California torts. Levy, Golden, and Sacks editors. M. Bender (1985) | Link to Library Catalog

The Proposed Changes to the California Foreclosure Process: Reform or Retreat?, with Sprankling, 10 California Real Property Journal 20-27 (1992)

Brokers and Commissions: Avoiding Surprises in Light of Chan v. Tsang , with Rowan, 15 Real Property Law Reporter 165-174 (1992)

California's Foreclosure Statutes: Some Proposals for Reform, 26 Santa Clara Law Review 533-580 (1986) | Link to Digital Commons

Bank of America v. Daily : Setoff Versus the Right to Foreclose, with Rowan, 8 Real Property Law Reporter 73-79 (1985)

Employment Discrimination Law , 17 Santa Clara Law Review 741-746 (1977) | Link to Digital Commons | Link to Library Catalog

Cuba: An Immersion Experience, with Han, 20 Santa Clara Law magazine 14-17 (Fall/winter 2013)

Santa Clara Law Students Study Human Rights in El Salvador, 15 Santa Clara Law 6-7 (Summer 2009) (The cover of the issue on the web pages is labeled Summer 2009. However the pages are labeled Spring 2009.) | Link to Full Text

The Power of Place, 11 Santa Clara Law 8-13 (Fall 2004)

Faculty Housing Assistance: A Model for Success, with Beaudoin, 26 NACUBO Business Officer 34-37 (1993)

Think Like A Lawyer, 11 Advocate (Santa Clara University School of Law) 9 (October 1985)

Deborah Moss-West

A Social Justice Lens Turned on Legal Education: Next Steps in Representing the Vulnerable and Inspiring Law Students, with Wildman, 37 The Journal of the Legal Profession 179-198 (2013) | Link to Digital Commons

Living Values Through the Center for Social Justice and Public Service, with Wildman, 16 Explore: A Quarterly Examination of Catholic Identity and Ignatian Character in Jesuit Higher Education Explore (Santa Clara, Calif.) 18-21 (Spring 2013)

Gary G. Neustadter

Contracts. (2001-) (Electronic casebook for a first year course in Contracts. Published annually since 2001. Only available to students registered in Neustadter's Contracts section.) | Link to Full Text

U.C.C. Article 9, 2002. (2002) (Electronic casebook)

Consensual Liens on Personal Property and Fixtures under Article 9 of the Uniform Commercial Code. (2000) (Electronic casebook)

Secured Debt with Mertens. (1996) (Electronic casebook)

Some Beginnings in a Humanistic Approach to Legal Education in Essays on the Application of a Humanistic Perspective to Law Teaching. Project for the Study and Application of Humanistic Education in Law. Columbia University School of Law (1981) (Series: Humanistic Education in Law: Monograph III )

Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World, 24 American bankruptcy Institute Law Review 351-432 (Summer 2016) | Link to Digital Commons

Advertising by Consumer Bankruptcy Attorneys After BAPCPA, 2007 Norton Annual Survey of Bankruptcy Law 329-352 (2007)

2005: A Consumer Bankruptcy Odyssey, 39 Creighton Law Review 225-355 (2006) | Link to Digital Commons

When Lawyer and Client Meet: Observations of Interviewing and Counseling Behavior in the Consumer Bankruptcy Law Office, 35 Buffalo Law Review 177-284 (1986) | Link to Digital Commons

The New California Exemptions in Bankruptcy: A Constitutional Reprise, 15 Pacific Law Journal 1-18 (1983) | Link to Digital Commons

Consumer Insolvency Counseling for Californians in the 1980's, 19 Santa Clara Law Review 817-918 (1979) | Link to Digital Commons

The Role of the Judiciary in the Confrontation with the Problems of Environmental Quality, 17 UCLA Law Review 1070-1100 (1970) | Link to Digital Commons

Facilities and Curriculum, 3 Law Alumni Newsletter (Santa Clara, Calif.) 4 (Fall 1989) (Special Edition issue.)

Choice and Responsibility in Life as a Lawyer, 6 The Advocate (Santa Clara, Calif.) 6-8 (August 1980) (Issue mis-numbered as v.6 No.2)

Humanistic Education, 4 The Advocate (SCU Law School Periodical) 11 (February 1979)

Michelle Oberman

Her Body, Our Laws: On the Front Lines of the Abortion War from El Salvador to Oklahoma. Beacon Press (2018) | Link to Library Catalog

When Mothers Kill: Interviews from Prison with Meyer. New York University Press (2008) | Link to Library Catalog

Mothers Who Kill Their Children: Understanding the Acts of Moms from Susan Smith to the "Prom Mom" with Meyer. New York University Press (2001) | Link to Library Catalog

Consent, Rape and the Criminal Law with Katharine K. Baker in The Oxford Handbook of Feminism and Law in the United States. Deborah L. Brake, Martha Chamallas & Verna Williams, eds. Oxford University Press (Jul 2021) DOI: 10.1093/oxfordhb/9780197519998.013.26 | Link to Full Text

Gender, Romance, and Filicide Wendy Dragon, Cheryl Meyer in Across The Spectrum Of Women And Crime: Theories, Offending, And The Criminal Justice System. Carolina Academic Press (2016)

Where Stem Cell Research Meets Abortion Politics: Limits on Buying and Selling Human Oocytes with Wolf and Zettler in Baby Markets: Money and the New Politics of Creating Families. Goodwin, editor. Cambridge University Press (2008)

Mothers Who Kill Their Children: Considering Patterns, Prevention, and Intervention with Meyer in Mental Disorders of the New Millennium. Plante, editor. Greenwood Publishing Group, Inc (2006) | Link to Library Catalog

A Brief History of Infanticide and the Law in Infanticide: Psychosocial and Legal Perspectives on Mothers Who Kill. Spinelli, editor. American Psychiatric Association Press (2003)

Postpartum Psychoses with Attia and Downey in Postpartum Mood Disorders. Miller, editor. American Psychiatric Publishing (1999)

Women, Fetuses, Physicians and the State: Pregnancy and Medical Ethics in the 21st Century in Health Care Ethics: Critical Issues for the 21st Century. Thomasma and Monagle, editors. 2d edition. Jones & Bartlett (1998)

Real and Perceived Legal Barriers to the Inclusion of Women in Clinical Trials in Reframing Women's Health: Multidisciplinary Research and Practice. Dan, editor. Sage Publications (1994) | Link to Library Catalog

What will and won’t happen when abortion is banned, 9 J. of Law and the Biosciences 1 (2022) | Link to Full Text

How Abortion Laws Do and Don't Work, 36 Wisc. J. of Law, Gender, & Society 163 (2021) | Link to Full Text

Confronting the Challenge of the High Conflict Personality in Family Court, with others., 53 Fam. L. Q. 79 (May 13, 2020) | Link to Library Catalog

Wellness as Practice, Not Product: A Collaborative Approach to Fostering a Healthier, Happier Law School Community, with Katelyn Albrecht, Lauren Cotton, Katherine Rabago, and Tim Zunich., 59 Santa Clara L. Rev. 369 (2019) | Link to Digital Commons

Motherhood, Abortion, and the Medicalization of Poverty, 46 The Journal of Law, Medicine & Ethics 665-671 (September 1, 2018) https://doi.org/10.1177/1073110518804221 | Link to Full Text

Abortion Bans, Doctors, and the Criminalization of Patients, 48 The Hastings Center Report 5-6 (March/April 2018) | Link to Full Text

The Sticky Standard of Care, 47 The Hastings Center Report 25-26 (November/December 2017) | Link to Full Text

Women's Sexual Agency and the Law of Rape in the 21st Century, with Katharine K. Baker, 69 Studies in Law, Politics, and Society 63-111 (2016) | Link to Digital Commons

Your Work Will Be Your Most "Faithful Mistress": Thoughts on Work-Life Balance Occasioned by the Loss of Professor Jane Larson, 28 Wisconsin Journal of Law, Gender, and Society 181-194 (2013) | Link to Digital Commons

Cristina's World: Lessons from El Salvador's Ban on Abortion, 24 Stanford Law and Policy Review 271-308 (2013)

Getting Past Legal Analysis... Or How I Learned to Stop Worrying and Love Teaching Rape, 45 Creighton Law Review 799-817 (2012) | Link to Digital Commons

Two Truths and a Lie: In Re John Z and Stories at the Juncture of Teen Sex and the Law, 38 Law and Social Inquiry 364-402 (2013) (Article first published online: April 25, 2012.) | Link to Digital Commons | Link to Library Catalog | Link to Full Text

Thirteen Ways of Looking at Buck v. Bell : Thoughts Occasioned by Paul Lombardo's Three Generations, No Imbeciles , 59 Journal of Legal Education 357-392 (2010) | Link to Digital Commons

Eva and Her Baby (A Story of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, and Death), 16 Duke Journal of Gender Policy & the Law 213-222 (2009) | Link to Digital Commons

Importing Human Pluripotent Stem Cell Lines Derived at Another Institution: Tailoring Review to Ethical Concerns, with Lo, Parham, Broom, Cedars, Gates, Giudice, Halme, Hershon, Kriegstein, Roberts, and Wagner, 4 Cell Stem Cell 115-123 (February 2009)

Judging Vanessa: Norm Setting and Deviance in the Law of Motherhood, 15 William and Mary Journal of Women and the Law 337-359 (2009) | Link to Digital Commons

When the Truth Is Not Enough: Tissue Donation, Altruism, and the Market, (Symposium: Precious Commodities: The Supply and Demand of Body Parts), 55 DePaul Law Review 903-941 (2006) | Link to Digital Commons

Sex, Lies, and the Duty to Disclose, 47 Arizona Law Review 871-931 (2005) | Link to Digital Commons

Mothers Who Kill: Cross-Cultural Patterns in and Perspectives on Contemporary Maternal Filicide, 26 International Journal of Law and Psychiatry 493-514 (2003) | Link to Full Text

"Lady Madonna, Children at Your Feet": Tragedies at the Intersection of Motherhood, Mental Illness and the Law, 10 William and Mary Journal of Women and the Law 33-67 (2003) | Link to Digital Commons

Dying Children and Medical Research: Access to Clinical Trials as Benefit and Burden, with Frader, 29 American Journal of Law & Medicine 301-317 (2003) | Link to Digital Commons

Understanding Infanticide in Context: Mothers Who Kill, 1879-1930 and Today, 92 Journal of Criminal Law & Criminology 707-737 (2002) | Link to Digital Commons

Girls in the Master's House: Of Protection, Patriarchy and the Potential for Using the Master's Tools to Reconfigure Statutory Rape Law, 50 DePaul Law Review 799-826 (2001) | Link to Digital Commons

Mothers and Doctors' Orders: Unmasking the Doctor's Fiduciary Role in Maternal-Fetal Conflicts, 94 Northwestern University Law Review 451-501 (2000) | Link to Digital Commons

Regulating Consensual Sex with Minors: Defining a Role for Statutory Rape, 48 Buffalo Law Review 703-784 (2000) | Link to Digital Commons

Women's Health and Managed Care, with Schaps, 65 Tennessee Law Review 555-583 (1998) | Link to Digital Commons

Response to "Discontinuing Life Support in an Infant of a Drug Addicted Mother: Whose Decision Is It?" by Jain and Thomasma, 6 Cambridge Quarterly of Healthcare Ethics 235-239 (1997)

Test Wars: Mandatory HIV Testing, Women and Their Children, 3 University of Chicago Law School Roundtable 615-636 (1996) | Link to Digital Commons

Mothers Who Kill: Coming to Terms with Modern American Infanticide, 34 American Criminal Law Review 1-110 (1996) (Reprinted at 8 DePaul Journal of Health Care Law 3-108 (2004)) | Link to Digital Commons

Minor Rights and Wrongs, 24 Journal of Law, Medicine and Ethics 127-138 (1996) | Link to Digital Commons

Turning Girls into Women: Re-Evaluating Modern Statutory Rape Law, (Part of a Symposium on: Gender Issues and the Criminal Law). 85 Journal of Criminal Law & Criminology 15-79 (1994) (Reprinted at 8 DePaul Journal of Health Care Law 107-178 (2004)) | Link to Digital Commons

The Control of Pregnancy and the Criminalization of Femaleness, 7 Berkeley Women's Law Journal 1-12 (1992) | Link to Digital Commons

Sex, Drugs, Pregnancy and the Law: Rethinking the Problems of Pregnant Women Who Use Drugs, 43 Hastings Law Journal 505-548 (1992) | Link to Digital Commons

Drug Abuse and Pregnancy: Some Questions on Public Policy, Clinical Management, and Maternal and Fetal Rights, with Chavkin and Allen, 18 Birth: Issues in Perinatal Care 107-112 (1991)

Sex, Drugs, and Pregnant Addicts: An Ethical and Legal Critique of Societal Responses to Pregnant Addicts, 1 Journal of Clinical Ethics 145-152 (1990)

Withdrawal of Life Support: Individual Autonomy Against Alleged State Interests in Preserving Life, 20 Loyola University of Chicago Law Journal 797-818 (1989) | Link to Digital Commons

Abortion Rights: For and Against, ,with Julia Hejduk, Hypatia Reviews Online (2019) | Link to Digital Commons

"What Else Could I Do?" Single Mothers and Infanticide, 1900-1950 , 20 European Journal for Women's Studies 112-114 (2013) | Link to Digital Commons

Problems in Hospital Law , 6th edition, 42 International Digest of Health Legislation 812-814 (1991)

Comment: Infant Abandonment in Texas, 13 Child Maltreatment 94-95 (February 2008) | Link to Full Text

American Association of Law Schools Panel: Panel on the Use of Patients for Teaching Purposes Without Their Knowledge or Consent: Introduction, 8 Journal of Health Care Law and Policy 210-215 (2005) | Link to Digital Commons

A New Era in the Ethics of Human Embryonic Stem Cell Research, with Lo, Zettler, Cedars, Gates, Kriegstein, Pera, Wagner, Wuerth, Wolf, and Yamamoto, 23 Stem Cells 1454-1459 (2005) | Link to Full Text

Infanticide, 1996 DePaul Law Magazine 8-11 (Fall 1996)

Statutory Rape Laws: Does It Make Sense to Enforce Them in an Increasingly Permissive Society?, with Delgado (commentary), 82 American Bar Association Journal 86-87 (August 1996) | Link to Digital Commons

The New Mature Minor: Sex, Drugs and the Right to Die?, with Fields, ___ Health Law (DePaul Health Law Newsletter) ___ (Winter 1994)

Rape entry in The Child: An Encyclopedic Companion with Baker. Shweder, Bidell, Dailey, Dixon, Miller, and Modell, editors. University of Chicago Press (2009)

Mothers Who Kill, entry in Encyclopedia of Domestic Violence. Jackson, editor. Routledge (2007)

The Current Status of Legal Medicine Education in the United States: Survey of Course Offerings and Relevant Literature Preliminary to the Development of a Model Legal Medicine Curriculum. (Report funded by National Health Lawyers Association grant) (1989)

Tyler T. Ochoa

Copyright Law with Joyce and Carroll. 11th edition. Carolina Academic Press (2020) (with annual supplements)

Understanding Intellectual Property Law with Ghosh and LaFrance. 4th edition. Carolina Academic Press (2020)

The Law of Copyright with Abrams. West (2019)

Copyright Law with Joyce, Leaffer, Jaszi, and Carroll. 10th edition. (2016) (with annual supplements) | Link to Library Catalog

Understanding Intellectual Property Law with Chisum, Ghosh, and LaFrance. 3rd edition. LexisNexis (2015) | Link to Library Catalog

Copyright Law with Joyce, Leaffer, Jaszi, and Carroll. 9th edition. LexisNexis (2013) (with annual supplements)

Understanding Intellectual Property with Chisum, Ghosh, and LaFrance. 2nd edition. LexisNexis (2011) | Link to Library Catalog

Copyright Law with Joyce, Leaffer, and Jazsi. 8th edition. LexisNexis (2010) (with annual supplements)

Celebrity Rights: Rights of Publicity and Related Rights in the United States and Abroad with Welkowitz. Carolina Academic Press (2010) | Link to Library Catalog

Copyright Law: Selected Readings of Common Law Cases with Huiping, Yuanzhi, Hui, and Huaiying. China Democracy & Law Press (2007) (in Mandarin and English)

Copyright Law with Joyce, Leaffer, and Jaszi. 7th edition. LexisNexis (2006) (with annual supplements) | Link to Library Catalog

Copyright Law with Joyce, Leaffer, and Jaszi. 6th edition. LexisNexis (2003) (with annual supplements)

Licensing & Law: Who Owns an Avatar? with Jaime Banks in Avatar, Assembled: The Social and Technical Anatomy of Digital Bodies. Edited by Jaime Banks. Peter Lang (2018) ISBN: 978-1-4331-4326-7 | Link to Digital Commons | Link to Library Catalog

Limits on the Duration of Copyright in Time: Limits and Constraints. Parker, Harris, and Steineck, editors. Brill (2010) ( The Study of Time , v.13) (Proceedings of the 13th Conference of the International Society for the Study of Time held at the Asilomar Conference Center, Pacific Grove, California, July 28-August 3, 2007) | Link to Digital Commons

Copyright Protection for Works of Foreign Origin in The Internationalization of Law and Legal Education. Klabbers and Sellers, editors. Springer (2008) ( Ius Gentium: Comparative Perspectives on Law and Justice ; 2)

Copyright Duration: Theories and Practice in Intellectual Property and Information Wealth: Issues and Practices in the Digital Age. Yu, editor. Praeger (2007) | Link to Library Catalog

Copyright: The Litigation Year in Review in The Copyright Office Comes to California. State Bar of California (2002-2010) (Program materials for the State Bar of California annual program) ( Beginning 2009 only available on CD-Rom) | Link to Library Catalog

Reconciling Copyright "Restoration" for Pre-1972 Foreign Sound Recordings with the Classics Protection and Access Act, 12 IP Theory Iss. 1 Art. 2 (2022) | Link to Digital Commons | Link to Full Text

Extraterritorial Application of U.S. Copyright Law in Multinational Litigation , 11 Indian J. Intell. Prop. L. 89 (2020) | Link to Digital Commons

Copyright and Underwater Cultural Heritage, 49 Journal of Maritime Law & Commerce 441 (2018) | Link to Digital Commons

Dr. Seuss, The Juice and Fair Use Revisited: Two Decades of Parody and Satire in Copyright Law, 59 IDEA 233-248 (2018) (The Law Review of the Franklin Pierce Center for Intellectual Property) | Link to Digital Commons

What is a "Useful Article" in Copyright Law After Star Athletica?, 166 University of Pennsylvania Law Review Online 105-118 (2017) | Link to Digital Commons

Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co., With Craig Joyce, 54 Houston Law Review 257-319 (2016) Authorship in America (and beyond): Institute for Intellectual Property & Information Law Symposium: Historical Essay | Link to Digital Commons | Link to Library Catalog

Who Owns an Avatar? Copyright, Creativity, and Virtual Worlds, 14 Vanderbilt Journal of Entertainment and Technology Law 959-991 (2012) | Link to Full Text

Is the Public Domain Irrevocable? An Introduction to Golan v. Holder , 64 Vanderbilt Law Review En Banc 123-146 (2011) | Link to Digital Commons

Protection for Works of Foreign Origin Under the 1909 Copyright Act, 26 Santa Clara Computer and High Technology Law Journal 285-312 (2010) | Link to Digital Commons

Copyright Law: The Last Five Years of Journal Coverage, 25 Santa Clara Computer and High Technology Law Journal 3-5 (2008) | Link to Digital Commons

Teaching Rights of Publicity: Blending Copyright and Trademark, Common Law and Statutes, and Domestic and Foreign Law, with Welkowitz, 52 St. Louis University Law Journal 905-921 (2008) | Link to Digital Commons

Recent Developments in Copyright Law: Selected U.S. Supreme Court, Court of Appeals, and District Court Opinions Between February 1, 2005 and May 1, 2006, 6 John Marshall Law School Review of Intellectual Property Law 40-58 (2006) | Link to Digital Commons

The Schwarzenegger Bobblehead Case: Introduction and Statement of Facts, 45 Santa Clara Law Review 547-556 (2005) | Link to Digital Commons

The Terminator as Eraser: How Arnold Schwarzenegger Used the Right of Publicity to Terminate Non-Defamatory Political Speech, with Welkowitz, 45 Santa Clara Law Review 651-673 (2005) | Link to Digital Commons

Copyright, Derivative Works and Fixation: Is Galoob a Mirage , or does the Form(gen) of the Alleged Derivative Work Matter?, 20 Santa Clara Computer and High-Technology Law Journal 991-1044 (2004) | Link to Digital Commons

1984 and Beyond: 20 Years of Copyright Law, 20 Santa Clara Computer and High-Technology Law Journal 167-184 (2003) | Link to Digital Commons

Origins and Meanings of the Public Domain, (Symposium on the Constitutionality of Protecting Factual Compilations), 28 University of Dayton Law Review 215-267 (2003) | Link to Digital Commons

Introduction: Rights of Attribution, Section 43(a) of the Lanham Act, and the Copyright Public Domain, 24 Whittier Law Review 911-929 (2003) (Includes amicus brief of intellectual property law professors in support of Dastar Corporation ) | Link to Digital Commons

The Anti-Monopoly Origins of the Patent and Copyright Clause, with Rose, 49 Journal of the Copyright Society of the U.S.A. 675-706 (2002) (Reprinted in 84 Journal of the Patent and Trademark Office Society 909-940 (2002)) | Link to Digital Commons

Patent and Copyright Term Extension and the Constitution: A Historical Perspective, 49 Journal of the Copyright Society of the U.S.A. 19-125 (2001) | Link to Digital Commons

Introduction: Tiger Woods and the First Amendment, 22 Whittier Law Review 381-389 (2000) | Link to Digital Commons

Dr. Seuss, The Juice and Fair Use: How the Grinch Silenced a Parody, 45 Journal of the Copyright Society of the U.S.A. 546-633 (1998) | Link to Digital Commons

The Puzzling Purposes of Statutes of Limitation, with Wistrich, 28 Pacific Law Journal 453-514 (1997) | Link to Digital Commons

Defiling the Dead: Necrophilia and the Law, with Jones, 18 Whittier Law Review 539-578 (1997) | Link to Digital Commons

Unraveling the Tangled Web: Choosing the Proper Statute of Limitation for Breach of the Implied Covenant of Good Faith and Fair Dealing, with Wistrich, 26 Southwestern University Law Review 1-56 (1996) | Link to Digital Commons

Limitation of Legal Malpractice Actions: Defining Actual Injury and the Problem of Simultaneous Litigation, with Wistrich, 24 Southwestern University Law Review 1-79 (1994) | Link to Digital Commons

When Does Freedom of Speech Trump Celebrity Publicity Rights?, 14 Internet Law and Business 329-334 (2013) | Link to Digital Commons

Lynette M. Parker

Representing Survivors of Human Trafficking: A Promising Practices Handbook with Lee. Immigrant Resource Center (2010)

Increasing Law Students' Effectiveness When Representing Traumatized Clients: A Case Study of the Katharine & George Alexander Community Law Center, 21 Georgetown Immigration Law Journal 163-199 (2007) | Link to Full Text

Immigration Law and Community Service at Santa Clara University School of Law, 14 Santa Clara Law 36-37 (Spring 2008) (Also appeared in 11 Explore: An Examination of Catholic Identity and Ignation Character in Jesuit Higher Education 15-17 (Spring 2008))

Robert W. Peterson

Reflections on Shakespeare and the Rule of Law in The Rule of Law in Comparative Perspective. Sellers and Tomaszewski, editors. Springer (2010) ( Ius Gentium: Comparative Perspectives on Law and Justice , v.3)

New Technology - Old Law: Autonomous Vehicles and California's Insurance Framework, 52 Santa Clara Law Review 1341-1399 (2012) | Link to Digital Commons

Legal Aid in the United States, 2009 International Conference on Legal Aid 338-361 (2009) (Published in Korean at pp. 130-151)

Underground Regulations -- Can't Live with 'Em, Can't Live Without 'Em, no. 3 Business Law News 11-18 (2007)

The Bard and the Bench: An Opinion and Brief Writer's Guide to Shakespeare, 39 Santa Clara Law Review 789-807 (1999) | Link to Digital Commons

Jurisdiction and the Japanese Defendant, 25 Santa Clara Law Review 555-589 (1985) | Link to Digital Commons

A Few Things You Should Know About Paternity Tests (But Were Afraid to Ask), 22 Santa Clara Law Review 667-708 (1982) | Link to Digital Commons

Civil Procedure, (1969 Annual Survey of Michigan Law), 16 Wayne Law Review 501-534 (1970) | Link to Digital Commons

Excess Liability: Reconsideration of California's Bad Faith Negligence Rule, 18 Stanford Law Review 475-485 (1966)

District of Columbia Limits Trial Court's Discretion to Deny Request for Presentence Study, 17 Stanford Law Review 754-762 (1965)

New Technology Old Law, 18 Santa Clara Law 12-13 (Spring/Summer 2012)

"Words, Words, Words", 2002 Et Al.: The Magazine of Santa Clara University School of Law 36 (Summer/Fall 2002)

Why Johnny Can't Confide: We Need a Parent-Child Privilege, 1999 Et Al.: The Magazine of Santa Clara University School of Law 35-36 (Winter/Spring 1999)

Will Your DNA Do You In?, 1994 Et Al.: The Magazine of Santa Clara University School of Law 14-17 (Fall 1994)

Attorney-Client Dilemma: Heeding New Law on Disclosing Crime Threats Could Imperil Law License, with Uelmen, 107 The Los Angeles Daily Journal 6 (February 3, 1994)

Faculty Make Change Their Friend, 7 8-9 (Fall 1993) (Special Edition issue.)

The Chance of a Lifetime: How to Make Malpractice Awards Better Reflect Costs of Negligence, 104 The Los Angeles Daily Journal 6 (December 30, 1991)

Just Wait to Stop Removal to U.S. Court, 103 The Los Angeles Daily Journal 6 (March 23, 1990)

Right of Confrontation: A Matter of Hearsay, 3 The Santa Clara Advocate 1, 4 (September 24, 1971)

Obiter Dictum: Right of Confrontation: A Matter of Hearsay, 3 The Santa Clara Advocate: The Voice of Santa Clara School of Law 1,4 (September 24, 1971)

California and Federal Best Evidence and Authentication Rules. CALI (1992) (Interactive computer lesson)

Best Evidence Rule Under the Federal Rules. CALI (1990) (Interactive computer lesson)

Thiadora Pina

Essential Lawyering Skills: A Companion Guide for Neil W. Hamilton's ROADMAP [Student Workbook] with Laura E Jacobus, and Rupa Bhandari. ABA Book Publishing (2021)

Ellen J. Platt

Wisconsin Practice Materials: A Selective, Annotated Bibliography with Koshollek. Hein (1999) (Originally published as an article at 90 Law Library Journal 219-305 (1998))

Wisconsin Practice Materials: A Selective, Annotated Bibliography, with Koshollek, 90 Law Library Journal 219-305 (1998) (Published spearately as: Wisconsin practice materials: a selective, annotated bibliography . Hein (1999) ) | Link to Full Text

Jury Instructions: An Underutilized Resource, 7 Perspectives: Teaching Legal Research and Writing 90-93 (1999)

How to Research Federal Court Rule Amendments: An Explanation of the Process and a List of Sources, 6 Perspectives: Teaching Legal Research and Writing 115-118 (1998)

Unpublished vs. Unreported: What's the Difference?, 5 Perspectives: Teaching Legal Research and Writing 26-27 (1996)

Teachable Moments: "How Do You Update a West Key Number? ...Beyond the Digest, 4 Perspectives: Teaching Legal Research and Writing 99 (1996)

Mack A. Player

Federal Law of Employment Discrimination in a Nutshell. 7th edition. West (2013)

Employment Discrimination Law: Cases and Notes with Malin. West (2012)

American Law in the Common Law Tradition: Foundations of the Law of the United States. Vandeplas Publishing (2010) | Link to Library Catalog

Federal Law of Employment Discrimination in a Nutshell. 6th edition. West (2009)

Selected Employment Law Statutes with Shoben and Lieberwitz. West Group (2000-2006) (Annual, latest edition, 2006-2007)

Federal Law of Employment Discrimination in a Nutshell. 5th edition. Thomson/West (2004)

Federal Law of Employment Discrimination in a Nutshell. 4th edition. West Group (1999)

Employment Discrimination Law: Cases and Materials with Shoben and Lieberwitz. 2nd edition. West Publishing Co. (1995) (Updated by supplements, 1996-1999)

Federal Law of Employment Discrimination in a Nutshell. 3rd edition. West Publishing Co. (1992)

Employment Discrimination Law: Cases and Materials with Schoben and Lieberwitz. West Publishing Co. (1990)

Employment Discrimination Law. Student edition. West Publishing Co. (1988) (Hornbook series) | Link to Library Catalog

Employment Discrimination. Practitioner's edition. West Publishing Co. (1988) (Hornbook series)

Employment Discrimination Law: Cases and Materials. 2nd edition. West Publishing Co. (1984)

Federal Law of Employment Discrimination in a Nutshell. 2nd edition. West Publishing Co. (1981) | Link to Library Catalog

Employment Discrimination Law: Cases and Materials. West Publishing Co. (1980)

Federal Law of Employment Discrimination in a Nutshell. West Publishing Co. (1976)

Stranger in a Strange Land: Baptist Dean of a Jesuit Law School, (Leadership in Legal Education Symposium II), 33 University of Toledo Law Review 143-148 (2001) | Link to Digital Commons

Wards Cove Packing Or Not Wards Cove Packing ? That Is Not the Question: Some Thoughts on Impact Analysis Under the Age Discrimination in Employment Act, 31 University of Richmond Law Review 819-845 (1997) | Link to Digital Commons

Citizenship, Alienage, and Ethnic Origin Discrimination in Employment Under the Law of the United States, (Third Comparative Labor Law Roundtable: Unlawful Discrimination in Employment), 20 Georgia Journal of International and Comparative Law 29-55 (1990) | Link to Digital Commons

Exorcising the Bugaboo of "Comparable Worth": Disparate Treatment Analysis of Compensation Differences Under Title VII, 41 Alabama Law Review 321-376 (1990) | Link to Digital Commons

What Hath Patterson Wrought? A Study in the Failure to Understand the Employment Contract, 6 The Labor Lawyer 183-213 (1989) | Link to Digital Commons

Is Griggs Dead? Reflecting (Fearfully) on Wards Cove Packing Co. v. Atonio , 17 Florida State University Law Review 1-47 (1989) | Link to Digital Commons

Applicants, Applicants in the Hall, Who's the Fairest of Them All? Comparing Qualifications Under Employment Discrimination Law, 46 Ohio State Law Journal 277-312 (1985) | Link to Digital Commons

Defining "Legitimacy" in Disparate Treatment Cases: Motivational Inferences as a Talisman for Analysis, (Symposium: Employment Discrimination), 36 Mercer Law Review 855-885 (1985) | Link to Digital Commons

The Evidentiary Nature of Defendant's Burden in Title VII Disparate Treatment Cases, 49 Missouri Law Review 17-41 (1984) | Link to Digital Commons

Labor Law, (Annual Eleventh Circuit Survey--January 1, 1983-December 31, 1983), 35 Mercer Law Review 1251-1293 (1984) | Link to Digital Commons

Title VII Impact Analysis Applied to the Age Discrimination in Employment Act: Is a Transplant Appropriate?, 14 University of Toledo Law Review 1261-1284 (1983) | Link to Digital Commons

Proof of Disparate Treatment Under the Age Discrimination in Employment Act: Variations on a Title VII Theme, 17 Georgia Law Review 621-673 (1983) | Link to Digital Commons

Proof of Disparate Treatment Under the Age Discrimination in Employment Act, 17 Georgia State Bar Journal 164-173 (1981)

Defenses Under the Age Discrimination in Employment Act: Misinterpretation, Misdirection, and the 1978 Amendments, 12 Georgia Law Review 747-782 (1978) | Link to Digital Commons

Union Discipline of Its Membership Under Section 101(a)(5) of Landrum-Griffin: What is "Discipline" and How Much Process Is Due?, with Beaird, 9 Georgia Law Review 383-415 (1975) | Link to Digital Commons

Work Assignment Resolutions: Section 10(k) "Finality" and Employers' Ability to Secure Judicial Review, 7 Rutgers Camden Law Journal 76-88 (1975) | Link to Digital Commons

Enterprise Coverage Under the Fair Labor Standards Act: An Assessment of the First Generation, 28 Vanderbilt Law Review 283-347 (1975) | Link to Digital Commons

Exhaustion of Intra-Union Remedies and Access to Public Tribunals Under the Landrum-Griffin Act, with Beaird, 26 Alabama Law Review 519-540 (1974) | Link to Digital Commons

Work Assignment Disputes Under Section 10(k): Putting the Substantive Cart Before the Procedural Horse, 52 Texas Law Review 417-465 (1974) | Link to Digital Commons

Motive and Retaliatory Eviction of Tenants, 1974 University of Illinois Law Forum 610-630 (1974) | Link to Digital Commons

Free Speech and the Landrum-Griffin Act, with Beaird, 25 Alabama Law Review 577-610 (1973) | Link to Digital Commons

Whither the Nixon Board?, with Beaird, 7 Georgia Law Review 607-663 (1973) | Link to Digital Commons

Warrantless Searches and Seizures, 5 Georgia Law Review 269-293 (1971) | Link to Digital Commons

Tender: A Requirement for Equitable Jurisdiction and Relief. A 16th Century Concept in a 20th Century Court, 21 Mercer Law Review 413-456 (1970) | Link to Digital Commons

Discrimination Against Discrimination ; and Affirmative Discrimination: Ethnic Inequality and Public Policy , 11 Georgia Law Review 251-255 (1976) | Link to Digital Commons | Link to Library Catalog

Serving Justice: A Supreme Court Clerk's View , 9 Georgia Law Review 298-300 (1974) | Link to Digital Commons

The Onion Field , 8 Georgia Law Review 735-738 (1974) | Link to Digital Commons | Link to Library Catalog

Donald J. Polden

Leading in Law: Leadership Development for Law Students with Barry Z. Posner. Carolina Academic Press (2022)

Employment Relationships: Law and Practice with Bennett and Rubin. Aspen Law & Business (1998-) (Updated annually) | Link to Library Catalog

Regulation of Unfair Competition: Cases and Materials. Drake University Law School (1978)

Key Strategies to Enhance a Dean's Effectiveness in Law School Leadership Strategies: Top Deans on Benchmarking Success, Incorporating Feedback from Faculty and Students, and Building the Endowment. Aspatore Books (2006) | Link to Library Catalog

Judicial Education and the Law Schools in Education for Development: The Voices of Practitioners in the Judiciary. Claxton and Ochsman, editors. Judicial Education Reference, Information and Technical Transfer Project (1995)

Corporations and the Law in Encyclopedia of the American Judicial System: Studies of the Principal Institutions and Process of Law. Janosik, editor. Scribner (1987)

Army Leadership and the Profession, 6-22 Army Doctrine Publication (7/2019) | Link to Digital Commons

No-Poach Agreements: An Overview of US, EU, and National Case Law, Concurrences Antitrust Publications & Events (2024) | Link to Digital Commons

Restrictions on Worker Mobility and the Need for Stronger Policies on Anticompetitive Employment Contract Provisions, 33 ANTITRUST AND UNFAIR COMPETITION LAW 128 | Link to Digital Commons

Leading Law Firms in the “New Normal”: Recovering from Crisis Through Leadership Development, 63 SANTA CLARA LAW REVIEW 223 | Link to Digital Commons

Leadership to Address Implicit Bias in the Legal Profession, with Anderson, 62 Santa Clara L. Rev. 63 (2022) | Link to Digital Commons

More Diversity Requires More Inclusive Leaders Leading by Example in Law Organizations, with Teague, 48 Hofstra L. Rev. (2020)

Lawyer Leadership in the Practice of Law, 14 Tenn. J. L & Pol’y 441 (2020)

Restraints on Workers’ Wages and Mobility: No-Poach Agreements and the Antitrust Laws, 59 Santa Clara L. Rev. 579 (2020) | Link to Digital Commons

Lawyers, Leadership and Innovation, 58 Santa Clara Law Review 427 (2019)

Leading Institutional Change: Law Schools and Legal Education in A Time of Crisis, 83 University of Tennessee Law Review 949 (2016)

The Baseball Exemption: An Anomaly Whose Time Has Run, with Gregory, 24 Competition 154 (2015)

Leadership Matters: Lawyers' Leadership Skills and Competencies, 52 Santa Clara Law Review 899-919 (2012) | Link to Digital Commons

Symposium on Leadership Education for Lawyers and Law Students, 52 Santa Clara Law Review 685-688 (2012) | Link to Digital Commons

Comprehensive Review of American Bar Association Law School Accreditation Policies and Procedures: A Summary, 79 Bar Examiner 42-49 (February 2010)

Educating Law Students for Leadership Roles and Responsibilities, 39 Toledo Law Review 353-360 (2008) | Link to Digital Commons

Forty Years After Title VII: Creating an Atmosphere Conducive to Diversity in the Corporate Boardroom, (Civil Rights Anniversary Symposium), 36 University of Memphis Law Review 67-91 (2005) | Link to Digital Commons

Planning and Decision-Making for Law School Information Technology, 18 Santa Clara Computer and High-Technology Law Journal 259-273 (2002) | Link to Digital Commons

Drawing the Appropriate Statute of Limitations in Implied Causes of Action Under Rule 10b-5: A General Framework of Familiar Legal Principles, 40 Drake Law Review 221-254 (1991) | Link to Digital Commons

Antitrust Standing and the Rule Against Resale Price Maintenance, 37 Cleveland State Law Review 179-226 (1989) | Link to Digital Commons

The Antitrust Implications of Credit Insurance Tying Arrangements, 32 Drake Law Review 861-912 (1983) | Link to Digital Commons

Contribution and Claim Reduction in Antitrust Litigation: A Legislative Analysis, with Sullivan, 20 Harvard Journal on Legislation 397-439 (1983) | Link to Digital Commons

Intrabrand Territorial Allocations and the Per Se Rule, with Calkins, 30 Drake Law Review 1-37 (1981) | Link to Digital Commons

Building the Future, 18 Santa Clara Law 22-23 (Spring/Summer 2012)

Remembering Mary Emery: Reflections on the "Real Dean", 18 Santa Clara Law 4-5 (Winter 2012) | Link to Full Text

A Century of Leadership and Service: Contributions of the Santa Clara Computer and High Technology Law Journal , A Preface, 27 Santa Clara Computer and High Technology Law Journal 1-2 (2011) | Link to Digital Commons

Educating Law Students for Leadership, 3 The Complete Lawyer ___ (October 2007) (online journal)

Introduction--Law and Literature: A Collection of Essays on John Grisham's The Rainmaker , 26 University of Memphis Law Review 1251-1256 (1996) | Link to Digital Commons

Foreword: Scholarship and Legal Education, 24 Memphis State Law Review 1-5 (1993) | Link to Digital Commons

Kathleen M. Ridolfi

Preventable Error: A Report on Prosecutorial Misconduct in California 1997-2009 with Possley. Veritas Initiative (2010) | Link to Digital Commons

Expert Testimony with MacPherson, Sternberg, and Wiley in Women's Self-Defense Cases: Theory and Practice. Bochnak, editor. Michie Company (1981)

Women's Self-Defense Cases: Jury Work and Legal Strategy with Arguedas in Jurywork: Systematic Techniques: A Manual for Lawyers, Legal Workers and Social Scientists. Bonora and Kraus, editors. National Jury Project (1979)

New Perspectives on Brady and Other Disclosure Obligations: Report of the Working Groups on Best Practices: External Regulation, (Symposium: New Perspectives on Brady and Other Disclosure Obligations: What Really Works), 31 Cardozo Law Review 2029-2035 (2010) | Link to Digital Commons

Gubernatorial Clemency Powers: Justice or Mercy?, with Gordon, 24 Criminal Justice 26-41 (Summer 2009) | Link to Full Text

Law, Ethics and the Good Samaritan: Should There Be a Duty to Rescue?, 40 Santa Clara Law Review 957-970 (2000) | Link to Digital Commons

Not Just an Act of Mercy: The Demise of Post-Conviction Relief and a Rightful Claim to Clemency, 24 New York University Review of Law and Social Change 43-90 (1998) | Link to Digital Commons

The Santa Clara Experiment: A New Fee-Generating Model for Clinical Legal Education, with Pierce, 3 Clinical Law Review 439-470 (1997) | Link to Digital Commons

The Fourteenth Amendment's Protection of a Woman's Right to Be a Single Parent Through Artificial Insemination by Donor, with Kern, 7 Women's Rights Law Reporter 251-284 (1982) | Link to Full Text

The Psychology of Interrogations and Confessions: A Handbook , with Allard, 43 Santa Clara Law Review 1485-1500 (2003) | Link to Digital Commons

Material Indifference: How Courts Are Impeding Fair Disclosure in Criminal Cases, (November 17, 2014) | Link to Full Text

Point-Counterpoint: Do Battered Women Deserve Clemency? Governor Improperly Restricted Use of Pardoning Power, ___ State Bar Bulletin (Supplement to the San Francisco Daily Journal and the Los Angeles Daily Journal) 1,3-4 (July 28, 1993) | Link to Digital Commons

Statement on Representing Rape Defendants in Professional Responsibility: Ethics by the Pervasive Method. By Rhode. Little, Brown and Company (1994) (pp.221-223)

Francisco Rivera Juaristi

La Competencia Ratione Temporis de la Corte Interamericana en Casos de Desapariciones Forzadas: Una Critica del Caso Heliodoro Portugal v. Panama , 43 Revista Juridica de la Universidad Interamericana de Puerto Rico 201-225 (2009) | Link to Full Text

Inter-American Justice: Now Available in a U.S. Federal Court Near You, 45 Santa Clara Law Review 889-911 (2005) | Link to Digital Commons

A Response to the Corporate Campaign Against the Alien Tort Claims Act, 14 Indiana International and Comparative Law Review 251-277 (2003) | Link to Full Text

Margaret M. Russell

The First Amendment. Freedom of Assembly and Petition: Its Constitutional History and the Contemporary Debate. Prometheus Books (2010)

Law and Racial Reelism: Black Women as Celluloid "Legal" Heroines in Feminism, Media, and the Law. Fineman and McCluskey, editors. Oxford University Press (1997)

Rewriting History with Lightning: Race, Myth, and Hollywood in the Legal Pantheon in Legal Reelism: Movies as Legal Texts. Denvir, editor. University of Illinois Press (1996) | Link to Library Catalog

Race and the Dominant Gaze: Narratives of Law and Inequality in Popular Film in Critical Race Theory: The Cutting Edge. Delgado, editor. Temple University Press (1995) (Originally published as Race and the Dominant Gaze: Narratives of Law and Inequality in Popular Film , 15 Journal of Legal Studies Forum 243-254 (1991)) | Link to Library Catalog

Reopening the Emmett Till Case: Lessons and Challenges for Critical Race Practice, 73 Fordham Law Review 2101-2132 (2005) | Link to Digital Commons

Cleansing Moments and Retrospective Justice, 101 Michigan Law Review 1225-1268 (2003) | Link to Digital Commons

Foreword: Expanding the Debate on Race, Poverty, Social Justice, and the Law, 1 Hastings Race and Poverty Law Journal 1-9 (2003) | Link to Digital Commons

McLaurin's Seat: The Need for Racial Inclusion in Legal Education, 70 Fordham Law Review 1825-1830 (2002) | Link to Digital Commons

Beyond "Sellouts" and "Race Cards": Black Attorneys and the Straightjacket of Legal Practice, (Symposium: Representing Race), 95 Michigan Law Review 766-794 (1997) | Link to Digital Commons

Lesbian, Gay and Bisexual Rights and "The Civil Rights Agenda", 1 African-American Law and Policy Report 33-78 (1994) | Link to Digital Commons

Beginner's Resolve: An Essay on Collaboration, Clinical Innovation, and the First-Year Core Curriculum, 1 Clinical Law Review 135-156 (1994) | Link to Digital Commons

Entering Great America: Reflections on Race and the Convergence of Progressive Legal Theory and Practice, 43 Hastings Law Journal 749-767 (1992) | Link to Digital Commons

Race and the Dominant Gaze: Narratives of Law and Inequality in Popular Film, 15 Legal Studies Forum 243-254 (1991) (Reprinted in Critical Race Theory: The Cutting Edge (1995)) | Link to Digital Commons

The Right to Vote, (review of Bending Toward Justice: The Voting Rights Act and the Transformation of American Democracy ), 33 California Lawyer 32 (May 2013) | Link to Library Catalog

The Roots of Resistance, (review of At the Dark End of the Street: Black Women, Rape, and Resistance - a New History of the Civil Rights Movement from Rosa Parks to the Rise of Black Power ), 31 California Lawyer 34 (January 2011)

On the Frontier of Freedom, (review of Mrs. Dred Scott: A Life on Slavery's Frontier ), 30 California Lawyer 30 (July 2010) | Link to Library Catalog

How Free is Free?: The Long Death of Jim Crow , 29 California Lawyer 39 (November 2009) | Link to Library Catalog

The Struggle for Justice, (review of On the Laps of Gods: The Red Summer of 1919 and the Struggle for Justice That Remade a Nation ), 29 California Lawyer 35-36 (January 2009)

By Order of the President: FDR and the Internment of Japanese Americans , 23 Journal of American Ethnic History 115-116 (2003) | Link to Library Catalog | Link to Full Text

Speaking for Herself, (review of An American Story ), 18 The Women's Review of Books 11-12 (Jan. 2001) | Link to Library Catalog | Link to Full Text

Fighting Back, (reviews of Black and Blue; Render Up the Body ; and the blue place ), 15 Women's Review of Books 22-23 (July 1998) | Link to Full Text

Unpacking the Knapsack, (review of Privilege Revealed: How Invisible Preference Undermines America ), 14 The Women's Review of Books 15 (April 1997) | Link to Full Text

A Vanished World, (review of Tumbling ), 13 The Women's Review of Books 33 (July 1996) | Link to Full Text

Retracing the Watershed, (reviews of African American Women Speak out on Anita Hill-Clarence Thomas ; and Race, Gender and Power in America: The Legacy of the Hill-Thomas Hearings ), 13 The Women's Review of Books 5-6 (March 1996) | Link to Library Catalog | Link to Library Catalog | Link to Full Text

De Jure Revolution?, (reviews of Failed Revolutions: Social Reform and the Limits of Legal Imagination and Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution ), 93 Michigan Law Review 1173-1195 (1995) | Link to Digital Commons

Race Matters : A Plea to Move from Rhetoric to Reality, 1994 Et Al.: The Magazine of Santa Clara University School of Law 32 (Fall 1994) | Link to Library Catalog

"A New Scholarly Song": Race, Storytelling, and the Law, (reviews of Faces at the Bottom of the Well: The Permanence of Racism ; and The Alchemy of Race and Rights ), 33 Santa Clara Law Review 1057-1063 (1993) | Link to Digital Commons | Link to Library Catalog

Justice Delayed: Reopening the Emmett Till Case, 47 Santa Clara Magazine 18-23 (Spring 2006) | Link to Full Text

A Tribute to Professor Herman M. Levy, 45 Santa Clara Law Review 797-805 (2005) | Link to Digital Commons

The Supreme Court on Educational Diversity, 2004 Et Al.: The Magazine of Santa Clara University School of Law 36 (Winter/Spring 2004)

Civil Liberties in the U.S.: Why They Matter in a Post 9/11 World, 7 Explore 11 (Fall 2003)

After Words: Lessons of Liberties and Rights in the Post 9/11 World, 45 Santa Clara Magazine 32 (Fall 2003)

Prime Time Law , 2000 Et Al.: The Magazine of Santa Clara University School of Law 6-11 (Winter/Spring 2000) (Table of Contents lists article as Lawyers in Pop Culture )

Single-Sex Schools: Can We Have Separate but Equal?, 1998 Et Al.: The Magazine of Santa Clara University School of Law 35-36 (Spring/Summer 1998)

Foreword: Law in Living Color, 5 Asian Law Journal 1-6 (1998) | Link to Digital Commons

Confronting the Scars of Centuries, 39 Santa Clara Magazine 19-23 (April 1997)

In the View of This Court, (A Brief Synopsis of Supreme Court Rulings on Affirmative Action Reveals Some Threshhold Principles), 39 Santa Clara Magazine 24-25 (April 1997)

Her Time to Die, 1997 Et Al.: The Magazine of Santa Clara University School of Law 14-17 (Spring/Summer 1997)

Privacy and IVHS: A Diversity of Viewpoints, 11 Santa Clara Computer and High-Technology Law Journal 145-147 (1995) | Link to Digital Commons

Legal Justice, [Commentary], 36 Santa Clara Magazine 47 (Fall 1994)

Quayle's Call: An Overview of the Agenda for Civil Justice Reform, 5 California Litigation 40-44 (Spring 1992) | Link to Library Catalog

Toward Democracy in South Africa, 6 Law Alumni Newsletter (Santa Clara, Calif.) 16-17 (Fall 1991)

Toward Democracy in South Africa, 23 The Advocate Santa Clara Law (Fall 1991)

Benjamin Robbins Curtis, entry in Biographical Encyclopedia of the Supreme Court: The Lives and Legal Philosophies of the Justices. Urofsky, editor. CQ Press (2006) | Link to Library Catalog

Stephen Johnson Field , entry in Biographical Encyclopedia of the Supreme Court: The Lives and Legal Philosophies of the Justices. Urofsky, editor. CQ Press (2006) | Link to Library Catalog

Robert Cooper Grier , entry in Biographical Encyclopedia of the Supreme Court: The Lives and Legal Philosophies of the Justices. Urofsky, editor. CQ Press (2006) | Link to Library Catalog

James Moore Wayne , entry in Biographical Encyclopedia of the Supreme Court: The Lives and Legal Philosophies of the Justices. Urofsky, editor. CQ Press (2006) | Link to Library Catalog

African-American Women and Reproductive Rights, entry in Historical and Multicultural Encyclopedia of Women's Reproductive Rights in the United States. Baer, editor. Greenwood Press (2002) | Link to Library Catalog

Catherine J. K. Sandoval

Communications Law in the Public Interest with Allen S. Hammond and Leonard Baynes. Wolters Kluwer (2020)

Connect the Whole Community; Leadership Gaps Drive Disaster Vulnerability and the Digital Divide with Patrick Lanthier in Technology vs Government: The Irresistible Force Meets the Immovable Object , Lloyd Levine, Ed.. Emerald Pub. (2021 [forthcoming]) | Link to Full Text

Connect the "Whole Community" to Address Regulatory-Driven Vulnerability to Infrastructure Management Decisions, Disaster, and the Digital Divide, with Patrick Lanthier, in Technology vs. Government: The Irresistible Force Meets the Immovable Object. Lloyd Levine ed. Emerald Studies in Media and Communications (forthcoming 2020)

Serving the Public Interest: Broadcast News, Public Affairs Programming, and the Case for Minority Ownership with Hammond and Bachen in Media Diversity and Localism: Meaning and Metrics. Napoli, editor. Routledge (2007)

Fight Utility Wildfire with Knowledge Management, 33 Duke Environmental Law & Policy Forum ___ (forthcoming 2023)

Technology Law as a Vehicle for Technology Justice: Stop ISP Throttling to Promote Digital Equity.” , 36 Berk. Tech. L. J. 963 (2021)

Contested Places, Utility Pole Spaces; A Competition and Safety Framework for Analyzing Utility Pole Association Rules and Roles Principles to Address Utility Pole Association Concerted Action that Undermines Electric and Telecom Competition and Safety, 69 Catholic U. L. Rev 473 (2020)

Cybersecurity Paradigm Shift: The Risks of Net Neutrality Repeal to Energy Reliability, Public Safety, and Climate Change Solutions, 10 San Diego J. Climate & Energy L. 91 (2019)

Net Neutrality Repeal Rips Holes in the Public Safety Net, 80 Pitt L. Rev. 953 (2019)

Pharmaceutical Reverse Payment Settlements: Presumptions, Procedural Burdens, and Covenants Not to Sue Generic Drug Manufacturers, 26 Santa Clara Computer and High Technology Law Journal 141-183 (2009-2010) | Link to Digital Commons

Disclosure, Deception, and Deep-Packet Inspection: The Role of the Federal Trade Commission Act's Deceptive Conduct Prohibitions in the Net Neutrality Debate, 78 Fordham Law Review 641-712 (2009) | Link to Digital Commons

Antitrust Language Barriers: First Amendment Constraints on Defining an Antitrust Market by a Broadcast's Language, and Its Implications for Audiences, Competition, and Democracy, 60 Federal Communications Law Journal 407-480 (2008) | Link to Digital Commons

Antitrust Law on the Borderland of Language and Market Definition: Is There a Separate Spanish-Language Radio Market?, 40 University of San Francisco Law Review 381-449 (2006) | Link to Digital Commons

John Schunk

Can Legal Writing Programs Benefit from Evaluating Student Writing Using Single-Submission, Semester-Ending, Standardized, Performance-Type Assignments?, 29 Hamline Law Review 307-335 (2006) | Link to Digital Commons | Link to Full Text

Simultaneous Catches and Infield Flies: Legal Writing Techniques in Sportswriting, 22 Perspectives: Teaching Legal Research and Writing 42-45 (2013) | Link to Digital Commons

"Be the Ball": Caddyshack's Ultimate Legal Writing Tip, 20 Perspectives: Teaching Legal Research and Writing 112 (2012)

What Can Legal Writing Students Learn from Watching Emeril Live?, 14 Perspectives: Teaching Legal Research and Writing 81-82 (2006)

A Legal Writing Lesson from Brown v. Board of Education , 19 The Second Draft 7 (Dec. 2004)

Reviewing Student Papers: Should the "Broken Windows" Theory Apply?, 13 Perspectives: Teaching Legal Research and Writing 1-4 (2004)

Winning and Losing with the 3-Point Shot, 63 Scholastic Coach 70 (Jan. 1994)

Rewriting Roe into Statute, The Recorder 8 (January 26, 1993)

Kandis V. Scott

What Every Woman Should Know About Wills. Bantam Books (1969)

Legal Rights for Women. Bantam Books (1968)

Approaches to Autonomy in Capital Punishment and Assisted Suicide in Autonomy in the Law. Sellers, editor. Springer (2007) ( Ius Gentium: Comparative Perspectives on Law and Justice ; v.1)

Why Did China Reform Its Death Penalty, 19 Pacific Rim Law and Policy Journal 63-80 (2010) | Link to Digital Commons

Grass Roots Civil Society in the Development of Democracy, 19 Studia Polityczne Political Studies 95-105 (2007)

Non-Analytical Thinking in Law Practice: Blinking in the Forest, 12 Clinical Law Review 687-696 (2006) | Link to Digital Commons

European Union and Romanian mentalitate : A Case Study of Corruption, 3 Santa Clara Journal of International Law 225-234 (2005) | Link to Digital Commons

Decollectivization and Democracy: Current Law Practice in Romania, 36 The George Washington International Law Review 817-876 (2004) | Link to Digital Commons

Deportation to Democratization: The Role of an Authentic NGO in Romania, 46 Canadian Slavonic Papers 185-194 (2004)

Legal Skills Training for Stagiari , no. 11 Buletin Stiintific 34-41 (2002)

Additional Thoughts on Romanian Clinical Legal Education: A Comment on Uphoff’s "Confessions of a Clinician Educator", 6 Clinical Law Review 531-537 (2000) | Link to Digital Commons

Clinical Legal Education: Reflections on the Past Fifteen Years and Aspirations for the Future, (Symposium on Clinical Legal Education: Panel Discussion), 36 Catholic University Law Review 337-365 (1987) | Link to Digital Commons

California's Dormant Hearsay Exception: Section 1200(b) of the Evidence Code, 23 Santa Clara Law Review 157-184 (1983) | Link to Digital Commons

Bitter Bosnia: U.S. Troops, Not Elections, Are Only Hope for Peace, 1997-1998 Et Al.: The Magazine of Santa Clara University School of Law 36 (Fall/Winter 1997-1998)

Letters from Romania, 1997 Et Al.: The Magazine of Santa Clara University School of Law 18-21 (Spring/Summer 1997)

Think Like A Lawyer, 11 Advocate (Santa Clara University School of Law) 5 (November 1985)

Nick Serafin

Redefining the Badges of Slavery, 56 U. Rich. L. Rev. (forthcoming) (2022) | Link to Full Text

In Defense of Immutability, 2020 BYU L. Rev. 275 (2020) | Link to Full Text

David L. Sloss

Is the International Legal Order Unraveling . (Editor) Oxford University Press (2022)

Tyrants on Twitter: Protecting Democracies from Chinese and Russian Information Warfare. Stanford University Press (2022)

The Death of Treaty Supremacy: An Invisible Constitutional Change. Oxford University Press (2016) | Link to Digital Commons

International Law in the U.S. Supreme Court: Continuity and Change edited with Ramsey and Dodge. Cambridge University Press (2011)

The Role of Domestic Courts in Treaty Enforcement: A Comparative Study. Cambridge University Press (2009)

Domestic Application of Treaties in The Oxford Guide to Treaties. Duncan Hollis, ed. 2nd ed.. Oxford University Press (2020)

The Engagement of U.S. Courts with International Law in The Engagement of Domestic Courts with International Law. Nollkaemper, Shany, & Tzanakopoulos, eds. Oxford University Press (forthcoming 2020)

United States in Dueling for Supremacy: International Law vs. National Fundamental Principles. Fulvio Palombino, ed. Cambridge University Press (2019)

Incorporation, Federalism, and International Human Rights in Human Rights and Legal Judgments: The American Story. Austin Sarat, ed.. Cambridge University Press (2017) | Link to Full Text

International Law in Domestic Courts with Michael Van Alstine in Research Handbook on the Politics of International Law. Wayne Sandholtz and Christopher A. Whytock. eds. Edward Elgar (2017) (ISBN: 978 1 78347 397 7) | Link to Digital Commons

Domestic Application of Treaties in The Oxford Guide to Treaties. Hollis, editor. Oxford University Press (2012)

International Law in the Supreme Court to 1860 with Ramsey and Dodge in International Law in the U.S. Supreme Court: Continuity and Change. Sloss, Ramsey, and Dodge, editors. Cambridge University Press (2011)

Response Essay - Medellin and the Passive Vices in International Law in the U.S. Supreme Court: Continuity and Change. Sloss, Ramsey, and Dodge, editors. Cambridge University Press (2011)

Continuity and Change over Two Centuries with Ramsey and Dodge in International Law in the U.S. Supreme Court: Continuity and Change. Sloss, Ramsey, and Dodge, editors. Cambridge University Press (2011)

International Law As an Interpretive Tool in the Supreme Court, 1861-1900 with Lee in International Law in the U.S. Supreme Court: Continuity and Change. Sloss, Ramsey and Dodge, editors. Cambridge University Press (2011)

Treaty Enforcement in Domestic Courts: A Comparative Analysis in The Role of Domestic Courts in Treaty Enforcement: A Comparative Study. Sloss, editor. Cambridge University Press (2009)

United States in The Role of Domestic Courts in Treaty Enforcement: A Comparative Study. Sloss, editor. Cambridge University Press (2009)

Verifying a Ban on Production of Fissile Materials for Nuclear Weapons in Challenges in Arms Control for the 1990s. Brown, editor. VU University Press (1992)

Section 230 and the Duty to Prevent Mass Atrocities, 52 Case Western Reserve Journal of International Law 199 (2020) | Link to Full Text

Universal Human Rights and Constitutional Change, with Sandholtz, 27 William & Mary Bill of Rights Journal 1183 (2019)

The New ALI Restatement and the Doctrine of Non-Self-Executing Treaties, 64 Federal Lawyer 56 (Oct/Nov 2017) | Link to Full Text

California’s Climate Diplomacy and Dormant Preemption, 56 Washburn L. J. 507 (2017) | Link to Digital Commons | Link to Full Text

How International Human Rights Transformed the U.S. Constitution, 38 Human Rights Quarterly 426 (2016) | Link to Digital Commons

Taming Madison’s Monster: How to Fix Self-Execution Doctrine, 2015 Brigham Young University Law Review 1691 (2015) | Link to Digital Commons

Bond v. United States: Choosing the Lesser of Two Evils, 90 Notre Dame Law Review 1583-1605 (2015) | Link to Library Catalog | Link to Full Text

Reviving Human Rights Litigation After Kiobel, with Vivian Grosswald Curran, 107 American J. Int’l L. 858 (2013) | Link to Library Catalog | Link to Full Text

Kiobel and Extraterritoriality: A Rule Without a Rationale, 28 Maryland J. Int’l L. 241 (2013) | Link to Digital Commons | Link to Full Text

Executing Foster v. Neilson : The Two-Step Approach to Analyzing Self-Executing Treaties, 53 Harvard International Law Journal 135-188 (2012) | Link to Digital Commons

Legislating Human Rights: The Case for Federal Legislation to Facilitate Domestic Judicial Application of International Human Rights Treaties, (Human Rights in the Obama Administration: A Stein Center & Leitner Center Colloquium), 35 Fordham International Law Journal 445-487 (2012) | Link to Digital Commons

The Constitutional Right to a Treaty Preemption Defense, (The Ex Parte Young Symposium: A Centennial Recognition), 40 University of Toledo Law Review 971-997 (2009) | Link to Digital Commons

Place Matters (Most): An Empirical Study of Prosecutorial Decision-Making in Death-Eligible Cases, with Barnes and Thaman, 51 Arizona Law Review 305-379 (2009) | Link to Digital Commons

Judicial Foreign Policy: Lessons from the 1790s, (The Use and Misuse of History in U.S. Foreign Relations Law), 53 Saint Louis University Law Journal 145-196 (2008) | Link to Digital Commons

Judicial Deference to Executive Branch Treaty Interpretations: A Historical Perspective, (Constitutional Implications of the War on Terror), 62 New York University Annual Survey of American Law 497-523 (2007) | Link to Digital Commons

Schizophrenic Treaty Law, 43 Texas International Law Journal 15-27 (2007) | Link to Digital Commons

When Do Treaties Create Individually Enforceable Rights?: The Supreme Court Ducks the Issue in Hamdan and Sanchez-Llamas , 45 Columbia Journal of Transnational Law 20-113 (2006) | Link to Digital Commons

Using International Law to Enhance Democracy, 47 Virginia Journal of International Law 1-61 (2006) | Link to Digital Commons

Availability of U.S. Courts to Detainees at Guantanamo Bay Naval Base - Reach of Habeas Corpus - Executive Power in War on Terror ( Rasul v. Bush ), 98 American Journal of International Law 788-798 (2004) | Link to Digital Commons

Constitutional Remedies for Statutory Violations, 89 Iowa Law Review 355-441 (2004) | Link to Digital Commons

Is the President Bound by the Geneva Conventions?, with Jinks, 90 Cornell Law Review 97-202 (2004) | Link to Digital Commons

Using Reeves to Teach Summary Judgment, (Teaching Important Civil Procedure Concepts), 47 Saint Louis University Law Journal 127-137 (2003) | Link to Digital Commons

Human Rights - Transnational Abductions - Extraterritorial Application of International Covenant on Civil and Political Rights - Non-Self-Executing Treaties: United States v. Duarte-Acero , 296 F. 3d 1277, cert. denied , 123 S. Ct. 573, 97 American Journal of International Law 411-418 (2003) | Link to Digital Commons

Forcible Arms Control: Preemptive Attacks on Nuclear Facilities, 4 Chicago Journal of International Law 39-57 (2003) | Link to Digital Commons

International Agreements and the Political Safeguards of Federalism, 55 Stanford Law Review 1963-1997 (2003) | Link to Digital Commons

Using International Court of Justice Advisory Opinions to Adjudicate Secessionist Claims, 42 Santa Clara Law Review 357-389 (2002) | Link to Digital Commons

Hard-Nosed Idealism and U.S. Human Rights Policy, 46 Saint Louis University Law Journal 431-448 (2002) | Link to Digital Commons

Non-Self-Executing Treaties: Exposing a Constitutional Fallacy, 36 U.C. Davis Law Review 1-84 (2002) | Link to Digital Commons

Ex Parte Young and Federal Remedies for Human Rights Treaty Violations, 75 Washington Law Review 1103-1203 (2000) | Link to Digital Commons

The Domestication of International Human Rights: Non-Self-Executing Declarations and Human Rights Treaties, 24 Yale Journal of International Law 129-221 (1999) | Link to Digital Commons

The Right to Choose How to Die: A Constitutional Analysis of State Laws Prohibiting Physician-Assisted Suicide, 48 Stanford Law Review 937-973 (1996) | Link to Digital Commons

It's Not Broken, So Don't Fix It: The International Atomic Energy Agency Safeguards System and the Nuclear Nonproliferation Treaty, 35 Virginia Journal of International Law 841-893 (1995) | Link to Digital Commons

Review: The Trump Administration and International Law, The Trump Administration and International Law by Harold Hongju Koh, 62 German Yearbook of International Law xxx (2020 (forthcoming))

Review: Constitution-Making and Transnational Legal Order, reviewing Constitution-Making and Transnational Legal Order , edited by Gregory Shaffer, Tom Ginsburg, and Terence C. Halliday. 114 American Journal of International Law 549 (July 2020) | Link to Library Catalog

Human Rights and Constitutional Democracy, reviewing The Promise of Human Rights by Jamie Mayerfeld, 39 Human Rights Quarterly 971 (2017) | Link to Full Text

Do International Norms Influence State Behavior?, (review of The Limits of International Law ), 38 George Washington International Law Review 159-207 (2006) | Link to Digital Commons | Link to Library Catalog

The Practice of Law in an Era of Globalization, 15 Santa Clara Law 29 (Summer 2009) (The cover on the web page is labeled Summer 2009. However the pages are labeled Spring 2009.) | Link to Full Text

Foreword, (Symposium: The Use and Misuse of History in U.S. Foreign Relations Law), 53 St. Louis University Law Journal 1-3 (2008) | Link to Digital Commons

Self-Executing Treaties and Domestic Judicial Remedies, (panel discussion), 98 American Society of International Law Proceedings 346 - 348 (2004) | Link to Digital Commons

Stephen E. Smith

The Right to a Public Trial, Conditional Courtroom Entry and Tiers of Constitutional Scrutiny, 57 Ind. L. Rev. 421 (2023) | Link to Digital Commons

“The Rule” and the Constitution: Witness Exclusion and the Right to a Public Trial, 56 U.I.C. L. Rev. 1 (2022) | Link to Digital Commons

United States v. Allen and Judicial Review of Early Pandemic Courtroom Closures, 99 Den. L. Rev. Forum 1 (2022) | Link to Digital Commons

The Online Criminal Trial as a Public Trial, 51 Southwestern Law Review 116 (2021) | Link to Digital Commons

What's in a Name? Strict Scrutiny and the Right to a Public Trial , 57 Idaho L. Rev. 447 (2021) | Link to Digital Commons | Link to Full Text

The Right to a Public Trial in the Time of COVID-19, 77 Wash. & Lee L. Rev. Online 1 (May 19, 2020) | Link to Digital Commons | Link to Full Text

Asking Too Much: The Ninth Circuit’s Erroneous Review of Social Security Disability Determinations, 24 Lewis & Clark Law Review Online Journal 1 (03/18/2020) | Link to Digital Commons | Link to Full Text

Glatt v. Fox Searchlight and the Rhetorical Value of Inter-Circuit Dialogue, 50 University of San Francisco Law Review Online Forum 479-489 (2016) | Link to Digital Commons

The Right to a Public Trial and Closing the Courtroom to Disruptive Spectators, 93 Washington University Law Review 235-246 (2015) | Link to Digital Commons

A Rhetorical Exercise: Persuasive Word Choice, 49 University of San Francisco Law Review Forum 37-39 (2015) | Link to Digital Commons

Defendant Silence and Rhetorical Stasis, 46 Connecticut Law Review 19-26 (2013) | Link to Digital Commons

The Poetry of Persuasion: Early Literary Theory and Its Advice to Legal Writers, 6 Journal of the Association of Legal Writing Directors 55-74 (2009) | Link to Digital Commons | Link to Full Text

Due Process and the Subpoena Power in Federal Environmental, Health, and Safety Whistleblower Proceedings, 32 University of San Francisco Law Review 533-560 (1998) | Link to Digital Commons | Link to Full Text

The Disembodied Rule and the Rule Made Flesh: Propositions, Illustrations, and the Placement of Citations, 29 The Second Draft: Newsletter of the Legal Writing Institute 26-29 (Spring 2016) | Link to Digital Commons

Missed Connections - Being Explicit About Relationships Between Authorities, 24 The Second Draft: Newsletter of the Legal Writing Institute 14 (Fall 2009)

Teaching Practical Procedure in the Legal Writing Classroom, 17 Perspectives: Teaching Legal Research and Writing 31-34 (2008) | Link to Digital Commons

Using the ADA to Teach the Interaction of Statutes, 23 The Second Draft: Newsletter of the Legal Writing Institute 10 (Fall 2008)

Distinct Line Between Commercial and Noncommercial Speech Is Gone, with Hopmann, 115 Los Angeles Daily Journal 7 (June 6, 2002)

E. Gary Spitko

Antigay Bias in Role-Model Occupations. University of Pennsylvania Press (2017) | Link to Library Catalog

Wills, Trusts, and Estates: Exam Pro with Cain. Thomson/West (2006) | Link to Library Catalog

California and Uniform Trust and Estate Statutes: Selected Provisions with Waggoner. 2004-2005 ed. through 2007-2008 ed. Thomson/West (2004-2007)

A Critique of the American Arbitration Association’s Efforts to Facilitate Arbitration of Internal Trust Disputes in Arbitration of Trust Disputes: Issues in National and International Law. S.I. Strong, editor. Oxford University Press (2016)

California Dreamin’: The Rise of the Iskanian Exception and the Fall of the State Effective-Vindication Exception to Federal Arbitration Act Preemption of State Employment Arbitration Doctrine in Arbitration 2015: Privacy, Transparency, Legitimacy: National Academy of Arbitrators (NAA) Annual Proceedings 2015. Katherine J. Thompson, editor. Bloomberg BNA (2016)

Arbitration Secrecy, 109 Cornell Law Review ___ (forthcoming 2023)

Integrated Nonmarital Property Rights, 75 SMU Law Review 151-186 (2022) | Link to Digital Commons

How Should Non-Probate Transfers Matter in Intestacy?, with Fellows, 53 U.C. Davis Law Review 2207-2268 (2020) (Symposium on Empirical Analysis of Wealth Transfer Law) | Link to Digital Commons

Reputation Systems Bias in the Platform Workplace, 2019 BYU Law Review 1271-1331 (2020) | Link to Digital Commons

Intestate Inheritance Rights for Unmarried Committed Partners: Lessons for U.S. Law Reform from the Scottish Experience, 103 Iowa Law Review 2175-2203 (2018) (Symposium on Wealth Transfer Law in Comparative and International Perspective) | Link to Digital Commons

A Structural-Purposive Interpretation of “Employment” in the Platform Economy, 70 Florida Law Review 409-446 (2018) | Link to Digital Commons

"Undemocratic" Trusts and the Numerus Clausus Principle , 43 ACTEC Law Journal 325-331 (2018) (solicited review essay) | Link to Digital Commons

A Reform Agenda Premised Upon the Reciprocal Relationship Between Anti-LGBT Bias in Role Model Occupations and the Bullying of LGBT Youth, 48 Connecticut Law Review 71-117 (2015) | Link to Digital Commons

The Will as an Implied Unilateral Arbitration Contract, 68 Florida Law Review 49-99 (2016) | Link to Digital Commons

Federal Arbitration Act Preemption of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy and an Argument for Federal Agency Oversight, 20 Harvard Negotiation Law Review 1-60 (2015) | Link to Digital Commons

Don't Ask, Don't Tell: Employment Discrimination As a Means for Social Cleansing, 16 Employee Rights and Employment Policy Journal 179-209 (2012) (Symposium on the Workplace Law Agenda of the Obama Administration) | Link to Digital Commons

An Empirical Assessment of the Potential for Will Substitutes to Improve State Intestacy Statutes, with Fellows and Strohm, 85 Indiana Law Journal 409-448 (2010) | Link to Digital Commons

Exempting High-Level Employees and Small Employers from Legislation Invalidating Predispute Employment Arbitration Agreements, 43 U.C. Davis Law Review 591-653 (2009) | Link to Digital Commons

Open Adoption, Inheritance, and the "Uncleing" Principle, 48 Santa Clara Law Review 765-804 (2008) (Symposium on the Transforming Structure of American Households) | Link to Digital Commons

The Constitutional Function of Biological Paternity: Evidence of the Biological Mother's Consent to the Biological Father's Co-Parenting of Her Child, 48 Arizona Law Review 97-147 (2006) | Link to Digital Commons

Navigating Dangerous Constitutional Straits: A Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities, with Krotoszynski, 76 University of Colorado Law Review 599-652 (2005) | Link to Digital Commons

From Queer to Paternity: How Primary Gay Fathers Are Changing Fatherhood and Gay Identity, 24 Saint Louis University Public Law Review 195-220 (2005) (Symposium on the Legal Issues of Sexual Orientation) | Link to Digital Commons

Arbitration and the Batson Principle, with Cole, 38 Georgia Law Review 1145-1240 (2004) | Link to Digital Commons

An Accrual/Multi-Factor Approach to Intestate Inheritance Rights for Unmarried Committed Partners, 81 Oregon Law Review 255-349 (2002) | Link to Digital Commons

Reclaiming the "Creatures of the State": Contracting for Child Custody Decisionmaking in the Best Interests of the Family, 57 Washington and Lee Law Review 1139-1212 (2000) | Link to Digital Commons

Judge Not: In Defense of Minority-Culture Arbitration, 77 Washington University Law Quarterly 1065-1085 (1999) | Link to Digital Commons

The Expressive Function of Succession Law and the Merits of Non-Marital Inclusion, 41 Arizona Law Review 1063-1107 (1999) | Link to Digital Commons

Gone But Not Conforming: Protecting the Abhorrent Testator from Majoritarian Cultural Norms Through Minority-Culture Arbitration, 49 Case Western Reserve Law Review 275-314 (1999) | Link to Digital Commons

He Said, He Said: Same-Sex Sexual Harassment Under Title VII and the "Reasonable Heterosexist" Standard, 18 Berkeley Journal of Employment and Labor Law 56-97 (1997) | Link to Digital Commons

A Biologic Argument for Gay Essentialism-Determinism: Implications for Equal Protection and Substantive Due Process, 18 University of Hawai'i Law Review 571-622 (1996) | Link to Digital Commons

A Critique of Justice Antonin Scalia's Approach to Fundamental Rights Adjudication, 1990 Duke Law Journal 1337-1360 (1990) | Link to Digital Commons

Gerald F. Uelmen

Justice Stanley Mosk: A Life at the Center of California Politics and Justice with Braitman. McFarland & Company, Inc. (2013) | Link to Library Catalog

California Evidence: A Wizard's Guide. Carolina Academic Press (2005) | Link to Library Catalog

Drug Abuse and the Law Sourcebook with Haddox. C. Boardman, 1985-1991; Clark Boardman Callaghan, 1992-1996; West Group, 1997- . (1985-) (Updated annually by loose-leaf)

The O.J. Files: Evidentiary Issues in a Tactical Context. West Group (1998)

Lessons from the Trial: The People v. O.J. Simpson . Andrews and McMeel (1996) | Link to Library Catalog

California Courtroom Evidence Foundations with Cotchett and Mannis. Parker Publications (1993)

The Lawyer's Walking Tours of San Francisco. American Law Institute (1991) | Link to Library Catalog

Supreme Folly with Jones. Norton (1990)

Disorderly Conduct: Verbatim Excerpts from Actual Cases with Jones and Sevilla. Norton (1989)

The Biltmore Debate: Should the Justices Be Retained? with Johnson, Barnett, and Schiffrin. Supreme Court Project (1986) | Link to Library Catalog

Computer Searches and Seizures with Tunick. Clark Boardman Co. (1983)

Drug Abuse and the Law: Cases, Text, Materials with Haddox. 2nd edition. C. Boardman (1983)

Cases, Text, and Materials on Drug Abuse and the Law with Haddox. West Pub. Co. (1974) | Link to Library Catalog

The Preliminary Hearing in the District of Columbia: A Manual for the Defense Attorney with et al . By the E. Barrett Prettyman Fellows, 1965-1966, of the Georgetown University Law Center, Legal Internship Program Lerner Law Book Co. (1967)

The Courts with Stolz and Rasky in Governing California: Politics, Government, and Public Policy in the Golden State. Lubenow and Cain, editors. 2nd edition. Institute of Governmental Studies Press, University of California (2006)

Standards for Judicial Retention Elections in California in The Chief Justice Donald R. Wright Memorial Symposium on the California Judiciary Proceedings and Papers. Hodson, editor. Senate Office of Research (1986)

Competency to Stand Trial in Criminal Defense Techniques. Hall, editor. Matthew Bender (1979) (Six volume loose-leaf treatise first published in 1969. Updated regularly.)

Should Heroin Use Be Decriminalized? in Critical Issues in Criminal Justice. Iacovetta and Chang, editors. Carolina Academic Press (1979)

Federal Sentencing Reform: The Emerging Constitutional Issues in Constitutional Government in America: Essays and Proceedings from Southwestern University Law Review's First West Coast Conference on Constitutional Law. Collins, editor. Carolina Academic Press (1979) | Link to Library Catalog

Prior Conviction Impeachment in Criminal Defense Techniques. Hall, editor. Matthew Bender (1979) (Six volume loose-leaf treatise first published in 1969. Updated regularly.)

Vacation of Illegal Sentences in Criminal Defense Techniques. Hall, editor. Matthew Bender (1979) (Six volume loose-leaf treatise first published in 1969. Updated regularly.)

Death Penalty Appeals and Habeas Proceedings: The California Experience, (Symposium: Criminal Appeals: Institutional Roles), 93 Marquette Law Review 495-514 (2009) | Link to Digital Commons

Excerpts from Transcript of Proceedings: Systemic Issues and the Media, with Smith and Weinstein, (Symposium: Wrongful Convictions: Causes and Cures), 37 Southwestern University Law Review 1149-1162 (2008) | Link to Digital Commons

Conditional Relevance and the Admissibility of Party Admissions, 36 Southwestern University Law Review 657-675 (2008) | Link to Digital Commons

Catholic Jurors and the Death Penalty, (Symposium: Catholics and the Death Penalty: Lawyers, Jurors, and Judges), 44 Journal of Catholic Legal Studies 355-378 (2005) | Link to Digital Commons

Fighting Fire with Fire: A Reflection on the Ethics of Clarence Darrow, 71 Fordham Law Review 1543-1565 (2003) | Link to Digital Commons

Formulating Rational Drug Policy in California, 33 McGeorge Law Review 769-777 (2002) | Link to Digital Commons

Handling Hot Potatoes: Judicial Review of California Initiatives After Senate v. Jones , 41 Santa Clara Law Review 999-1025 (2001) | Link to Digital Commons

The Impact of Drugs upon Sentencing Policy, (Sentencing Symposium), 44 St. Louis University Law Journal 359-363 (2000) | Link to Digital Commons

Who Is the Lawyer of the Century?, (Symposium on Trials of the Century), 33 Loyola of Los Angeles Law Review 613-653 (January 2000) | Link to Digital Commons

Crocodiles in the Bathtub: Maintaining the Independence of State Supreme Courts in an Era of Judicial Politicization, (Symposium: The Future of State Supreme Courts as Institutions in the Law), 72 Notre Dame Law Review 1133-1155 (1997) | Link to Digital Commons

The Jurisprudence of Yogi Berra, with et al. , 46 Emory Law Journal 697-790 (1997) | Link to Digital Commons

Leaks, Gags and Shields: Taking Responsibility, 37 Santa Clara Law Review 943-979 (1997) | Link to Digital Commons

Jury-Bashing and the O.J. Simpson Verdict, 20 Harvard Journal of Law and Public Policy 475-481 (1997) | Link to Digital Commons

Lord Brougham's Bromide: Good Lawyers as Bad Citizens, (Symposium: Responsibilities of the Criminal Defense Attorney), 30 Loyola of Los Angeles Law Review 119-123 (1996) | Link to Digital Commons

Ethics, Media and the O.J. Trial, 30 International Society of Barristers Quarterly Quarterly (International Society of Barristers) 395-404 (1995) | Link to Digital Commons

2001: A Train Ride: A Guided Tour of the Sixth Amendment Right to Counsel, 58 Law and Contemporary Problems 13-29 (1995) | Link to Digital Commons

Creating an Appetite for Appellate Reform in California, 45 Hastings Law Journal 597-603 (1994) | Link to Digital Commons

Justice Thurgood Marshall and the Death Penalty: A Former Criminal Defense Lawyer on the Supreme Court, 26 Arizona State Law Journal 403-411 (1994) | Link to Digital Commons

Publication and Depublication of California Court of Appeal Opinions: Is the Eraser Mightier than the Pencil?, (Symposium on the California Judiciary), 26 Loyola of Los Angeles Law Review 1007-1032 (1993) | Link to Digital Commons

The Care and Feeding of TV Court Critics, (Symposium: Nova (Humor in the) Law Review), 17 Nova Law Review 825-838 (1993) | Link to Digital Commons

Victim's Rights in California, 8 St. John's Journal of Legal Commentary 197-204 (1992) | Link to Digital Commons

Id., (Symposium on Humor and the Law), 1992 Brigham Young University Law Review 335-348 (1992) | Link to Digital Commons

Federal Sentencing Guidelines: A Cure Worse than the Disease, 29 American Criminal Law Review 899-905 (1992) | Link to Digital Commons

The Paper Trail Leading to a Depublication Order Should Be Accessible to Everyone, 13 Los Angeles Lawyer 49-79 (Aug.-Sept. 1990)

Litigating Retroactivity Issues Under Proposition 115, 10 California Criminal Defense Practice Reporter 217-227 (July 1990)

The California Constitution After Proposition 115, 3 Emerging Issues in State Constitutional Law 33-63 (1990)

Disqualification of Judges for Campaign Support or Opposition, 3 Georgetown Journal of Legal Ethics 419-428 (1990) | Link to Digital Commons

Review of Death Penalty Judgments by the Supreme Courts of California: A Tale of Two Courts, (Symposium: The Death Penalty Approaches the 1990s; Where Are We Now?), 23 Loyola of Los Angeles Law Review 237-312 (1989) | Link to Digital Commons

The "Know Nothing" Justices on the California Supreme Court, 2 Western Legal History 89-106 (1989)

California Judicial Retention Elections, with Kanner, Broussard, and Grodin, (includes panel discussion) (Symposium: California Supreme Court Conference), 28 Santa Clara Law Review 333-377 (1988) | Link to Digital Commons

Converting Retained Lawyers into Appointed Lawyers: The Ethical and Tactical Implications, 27 Santa Clara Law Review 1-15 (1987) | Link to Digital Commons

Death Penalty Laws and the California Supreme Court: A Ten Year Perspective, no. 25 Crime and Social Justice 78-93 (1986) | Link to Digital Commons | Link to Full Text

Simmering on the "Backburner": The Challenge of Yarbrough , 19 Loyola of Los Angeles Law Review 285-323 (1985) | Link to Digital Commons

The Good Faith Exception to the Exclusionary Rule: A Panel Discussion, with et al. , 6 Whittier Law Review 979-1010 (1984) | Link to Digital Commons

Making Sense Out of the California Criminal Statute of Limitations, 15 Pacific Law Journal 35-82 (1983) | Link to Digital Commons

Narcotic Maintenance for Chronic Pain: Medical and Legal Guidelines, with Tennant, 73 Postgraduate Medicine 81-94 (January 1983)

Cultivation of Marijuana Under the Uniform Controlled Substances Act: Shallow-Rooted Weeds, 13 Journal of Psychoactive Drugs 247-254 (1981)

The Psychiatrist, the Sociopath and the Courts: New Lines for an Old Battle, 14 Loyola of Los Angeles Law Review 1-23 (1980) | Link to Digital Commons

Prescribing Narcotics to Habitual and Addicted Narcotic Users, with Tennant, 133 Journal of Western Medicine 539-545 (1980) | Link to Full Text

Testing the Assumptions of Neil v. Biggers : An Experiment in Eyewitness Identification, 16 Criminal Law Bulletin 358-368 (1980)

Sentencing Narcotics Offenders in Great Britain and the United States: A Comparison, 9 Journal of Drug Issues 491-498 (1979)

Conflicts and Criminal Malpractice: The Titanic Cases, 54 California State Bar Journal 504-513 (1979)

Proof of Aggravation Under the California Uniform Determinate Sentencing Act: The Constitutional Issues, 10 Loyola of Los Angeles Law Review 725-752 (1977) | Link to Digital Commons

Memorandum of Law-- Reyes v. Superior Court of the State of California , with Eldridge, 6 Contemporary Drug Problems 197-229 (1977) | Link to Digital Commons

Providing Legal Services to the Addict: An Experimental Law School Clinical Program, with Eldridge, 6 Contemporary Drug Problems 3-16 (1977) | Link to Digital Commons

California's New Marijuana Law: A Sailing Guide for Uncharted Waters, 51 Journal of the State Bar of California 27-32, 75-86 (1976) | Link to Digital Commons

Varieties of Police Policy: A Study of Police Policy Regarding the Use of Deadly Force in Los Angeles County, 6 Loyola of Los Angeles Law Review 1-65 (1973) (Reprinted in a separate publication with the same title in 1973) | Link to Digital Commons

Post-Conviction Relief for Federal Prisoners: A Survey and a Suggestion Under 28 U.S.C. sec. 2255, 69 West Virginia Law Review 277-291 (1967) | Link to Digital Commons

Rethinking the Profession, (review of The Lawyer Bubble: A Profession in Crisis ), 33 California Lawyer 30 (July 2013) | Link to Library Catalog

Not Everyone Can Be Elite, (review of Failing Law Schools ), 33 California Lawyer 29-30 (November 2012) | Link to Library Catalog

Law Makers, Law Breakers, and Uncommon Trials , 28 California Lawyer 41 (April 2008) | Link to Library Catalog

The Trial Lawyer's Art , 24 The Champion 75 (August/September 2000) | Link to Library Catalog

A Sin Against the Future , 180 America 33 (May 22, 1999)

Book Review: Cameras in the Courtroom: Television and the Pursuit of Justice , 56 Guild Practitioner 124-125 (1999) | Link to Digital Commons | Link to Library Catalog

The Murrow Boys , 29 The Political Collector 6 (October 1998) | Link to Library Catalog

Summer for the Gods: The Scopes Trial and America's Continuing Debate over Science and Religion , 22 The Champion 44 (April 1998) | Link to Library Catalog

Big Trouble , 28 The Political Collector 13 (April 1998)

The Fourth Amendment Handbook , 11 Criminal Justice 34 (Spring 1996) | Link to Digital Commons

Learned Hand: The Man and the Judge , 107 Los Angeles Daily Journal 7 (June 29, 1994) | Link to Library Catalog

The Supreme Court: A Paper Doll Book , 106 The Los Angeles Daily Journal 7 (June 9, 1993)

Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson , 17 The Champion 32 (January/February 1993) | Link to Library Catalog

Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson , 105 Los Angeles Daily Journal 7 (August 4, 1992) | Link to Library Catalog

Order and Law: Arguing the Reagan Revolution - a Firsthand Account , 27 Trial 86-87 (November 1991) | Link to Library Catalog

Bad Karma , 27 Santa Clara Law Review 461-463 (1987) | Link to Digital Commons

New Balance at the California Supreme Court, 33 California Lawyer 24-28 (August 2013)

A Matter of Conscience, with Braitman, 32 California Lawyer 24-27, 49 (October 2012)

Justices United, 32 California Lawyer 16-19 (September 2012)

Sizing Up Justice Liu, 32 California Lawyer 18 (September 2012)

Dealing with Death, 32 California Lawyer 19 (September 2012)

Bringing Clarence Darrow to Santa Clara Law, 18 Santa Clara Law 36-37 (Winter 2012)

All on Board: The New Chief Justice Leads a Full Court, 31 California Lawyer 18-21 (September 2011)

What Were They Thinking? The California Supreme Court's Ten Most Outlandish Opinions, 31 California Lawyer 30-33, 58 (March 2011)

The End of an Era, 30 California Lawyer 32-35 (September 2010)

The Wit, Wisdom, and Worthlessness of Law Reviews, 30 California Lawyer 24-26 (June 2010)

Too Much Togetherness?, 29 California Lawyer 26-29, 57 (Sept 2009)

Too Costly to Kill? Californians Still Favor the Death Penalty by a Wide Margin, but That Doesn't Make It Affordable, 29 California Lawyer 24-26 (July 2009)

The Wedding Planner: The George Court Takes a Big Risk Heading into Its 13th Year, 28 California Lawyer 28-31 (September 2008)

Measuring the Cost of California's Death Penalty Law, 15 Santa Clara Law 10-11 (Fall 2008) | Link to Full Text

Schwarzenegger Vetoes Show Political Fealty, Threaten the Innocent, 120 The Los Angeles Daily Journal 4 (October 24, 2007)

Steve Shiffrin: Master Debater, (Symposium: Commercial Speech: Past, Present and Future: A Tribute to Steve Shiffrin), 41 Loyola of Los Angeles Law Review 57-59 (2007) | Link to Digital Commons

The Court's Full Plate, 27 California Lawyer 30-33, 61 (August 2007)

Meaningful Reform Can Help Prevent Wrongful Convictions, 13 Santa Clara Law 40-41 (Spring 2007)

Californians at the Hague, 26 California Lawyer 26-29 (Dec. 2006)

Motions FYI: Knock and Announce Violations After Hudson v. Michigan , 30 The Champion 62 (September/October 2006)

Meeting in the Middle: Looking Back on Ten Years of the George Court, 26 California Lawyer 28-31 (July 2006)

Motions FYI: Challenging the Assumptions of Neil v. Biggers , 30 The Champion 44 (May 2006)

Motions FYI: Challenging the President's Warrantless Wiretapping, 30 The Champion 44 (March 2006)

Motions FYI: State Application of Blakely v. Washington , 29 The Champion 41 (December 2005)

Motions FYI: Admissibility of Lab Reports After Crawford v. Washington , 29 The Champion 67 (September/October 2005)

The California Attempt to Evade Blakely v. Washington Title, 2005 California Criminal Defense Practice Reporter 505-512 (September 2005)

Supremely Futile: The George Court's Sisyphean Struggle, (California Supreme Court), 25 California Lawyer 28-31, 64 (July 2005)

Motions FYI: Midstream Miranda Warnings After Seibert , 29 The Champion 38 (July 2005)

Remembering Johnnie Cochran, 25 California Lawyer 72 (June 2005)

Motions FYI: Illinois v. Caballes : Some Disturbing Questions, 29 The Champion 38 (May 2005)

The Supremes: Getting Ready for the Face-Off, (Using moot courts to practice oral arguments), 25 California Lawyer 17 (March 2005)

Motions FYI: Preserving Federal Claims: The Sevilla "Mantra Motion", 29 The Champion 34 (March 2005)

Motions FYI: Batson Challenges to Religious Discrimination, 28 The Champion 53 (December 2004)

Motions FYI: Blakely Motions, 28 The Champion 62 (September/October 2004)

Governor's Veto Exposes Medical-Pot Users to Needless Risk of Prosecution, 117 The Los Angeles Daily Journal 6 (July 26, 2004)

The George Court's 8th Year: Breaking the Log Jam, (California Supreme Court), 24 California Lawyer 26-29 (July 2004)

Motions FYI: Preserving Crawford Objections, 28 The Champion 46 (July 2004)

Motions FYI: Vagueness; Vindictive Prosecution; Severance of Defendants; the Case of Lynne Stewart, 28 The Champion 36 (May 2004)

Motions FYI: Selective Prosecution, Armed Career Criminal Act, Change of Venue, 27 The Champion 34 (March 2004)

Motions FYI: Bill of Particulars, Retrial, Media and Evidentiary Issues, 27 The Champion 44 (December 2003)

Sizing Up Justice Moreno, 16 California Litigation 23-27 (Fall 2003)

Heroes for Lawyers, 2003 Et Al.: The Magazine of Santa Clara University School of Law 36 (Summer/Fall 2003)

The Seven-Year Itch, 23 California Lawyer 22-25 (July 2003)

Right to Counsel: Gideon v. Wainwright at 40: Overviews and Perspectives: The Vindication of Justice Hugo Black , 27 The Champion 18 (January/February 2003)

After Mosk: The California Supreme Court is Realigning After the Death of Stanley Mosk, 22 California Lawyer 25-27 (July 2002)

Temporary Justices, 22 California Lawyer 26 (July 2002)

Tribute to Justice Stanley Mosk, 65 Albany Law Review 856-862 (2002) | Link to Digital Commons

Rights Go Up in Smoke in the Hunt for Medical Marijuana, 44 Santa Clara Magazine 36 (Winter 2002)

All in the Family, 21 California Lawyer 21-22 (November 2001)

Remembering Stanley Mosk, 28 Forum (Los Angeles, Calif.) 22-23 (September 2001)

Courtly Manners--the George Court's Fifth Year: A More Agreeable Court, 21 California Lawyer 37-39, 74 (July 2001)

Inspiring, Unquenchable Spirit, Romanticist in Sea of Pragmatism, 114 The Los Angeles Daily Journal 6 (June 25, 2001)

Cleaning Up Judicial Elections, 21 California Lawyer 23-24 (April 2001)

A Defense Lawyer's Guide to Proposition 36, 28 Forum (Los Angeles, Calif.) 37-40 (March 2001)

Friends of the Court, 20 California Lawyer 29-30 (December 2000)

Taming the Initiative, Our Annual California Supreme Court Review, 20 California Lawyer 46-50, 86 (Aug. 2000)

Landmark Study Reveals a "Broken Justice System", 113 Los Angeles Daily Journal 6 (July 21, 2000)

Going Easy on Juror Misconduct, 20 California Lawyer 30-31 (March 2000)

Three Cheers or Two Tiers? Predicting the Future of Our Courts, 13 California Litigation 4 (Jan. 2000)

Justice in the Law School Curriculum, 3 Explore: A Quarterly Examination of Catholic Identity and Ignatian Character in Jesuit Higher Education 2-4 (Fall 1999)

He Was No Roger Maris: Schenk: One for the Record Books, but a Chapter That Should Be Closed, 112 The Los Angeles Daily Journal 6 (October 18, 1999)

A "Death-Qualified" Judiciary, 19 California Lawyer 27-28 (September 1999)

Runs and Hits but No Errors: When Pitching Arguments to George Court, Know Justices' Field Positions, 112 The Los Angeles Daily Journal 6 (September 13, 1999)

Shifting the Balance, (Annual California Supreme Court Review), 19 California Lawyer 54-57, 87 (July 1999)

Mosk's Top Ten Opinions, 19 California Lawyer 42-46 (April 1999)

California Habeas Corpus Resource Center: Defining the Goal, 26 Forum (Los Angeles, Calif.) 47-49 (February 1999)

Dedication: Tribute to Justice Stanley Mosk, 62 Albany Law Review 1221-1224 (1999) | Link to Digital Commons

How to Soften the Judicial Mettle: Why Not Jump at the Chance to Break Up a Conservative High Court?, 111 Los Angeles Daily Journal 6 (October 14, 1998)

Capital Expenditure: Cloning the Supreme Court to Handle Criminal Appeals Will Create Inconsistencies, 111 The Los Angeles Daily Journal 6 (July 30, 1998)

Record Numbers: Statistics Show the George Court is Defying Conventional Wisdom, 111 The Los Angeles Daily Journal 3 (July 22, 1998)

Playing Center, 18 California Lawyer 45-48 (July 1998)

The Fattest Crocodile: Why Elected Judges Can't Ignore Public Opinion, 13 Criminal Justice 5-10 (Spring 1998) (Adapted from a presentation to the 1997 midyear meeting of the Conference of Chief Justices, published at 72 Notre Dame Law Review 1133-1155 (1997)) | Link to Digital Commons

The Trials of Two Centuries: Lizzie Borden Meets O.J. Simpson, 24 Litigation 57-58, 70-71 (1998) | Link to Digital Commons

Tracking the Splits: Fault Lines on the George Court, 11 California Litigation 42-46 (Winter 1998)

Sandra, Clarence, Larry, Curly and Moe, 29 The Advocate (Santa Clara, Calif.) 6 (September 1997)

Seizing the Center, 17 California Lawyer 34-41 (July 1997)

Center Stage: A Special Report on Ronald George's First Year as Chief Justice, 17 California Lawyer 34 (July 1997)

Bringing Bryan to Life, 27 The Political Collector 1 (June 1997)

Otto Kaus and the Crocodile, (Memorial Dedications to Otto Kaus), 30 Loyola of Los Angeles Law Review 971-975 (1997) | Link to Digital Commons

Law Students at SCU and Stanford: A Comparison, 28 The Advocate Santa Clara Law 4,12 (February 1997)

The Trial as a Circus: Inherit the Wind , 30 University of San Francisco Law Review 1221-1224 (1996) | Link to Digital Commons

Walker Trinkaus: The Conversable Professor, 29 Loyola of Los Angeles Law Review 1389-1390 (1996) | Link to Digital Commons

Term of Transition: An Analysis of the Ninth and Final Year of the Lucas Court, 109 Los Angeles Daily Journal 6 (May 13, 1996)

The Lucas Legacy, 16 California Lawyer 29-31 (May 1996)

An Ethical Fairy Tale, (Symposium: Executing the Wrong Person: The Professionals' Ethical Dilemmas), 29 Loyola of Los Angeles Law Review 1685-1690 (1996) | Link to Digital Commons

The Five Hardest Lessons of the O.J. Trial, 7 Issues in Ethics 12-16 (Winter 1996) | Link to Full Text

5 Hardest Lessons From the O.J. Trial, 22 Forum (Los Angeles, Calif.) 41-43 (September 1995)

The Lucas Court's Eighth Year: Coming Back to Life, 108 Res Ipsa: A Supplement to The Los Angeles Daily Journal 6-9 (June 14, 1995)

O.J.'s Civics Lesson: Simpson Trial Exposes the Need to Educate the Public, 107 The Los Angeles Daily Journal 6 (Dec. 8, 1994)

Leslie H. Abramson: A Career Retrospective, with Sutro, (interview), 34 Santa Clara Law Review 1105-1126 (1994) | Link to Digital Commons

The Jury in the Balance: Why Juror Anonymity is Dangerous, with Margolin, 107 The Los Angeles Daily Journal 6 (Oct. 6, 1994)

The Anonymous Jury: Jury Tampering by Another Name?, with Margolin, 9 Criminal Justice 14-18,60-61 (1994) | Link to Digital Commons

A Recipe for Virtue, 1994 Et Al.: The Magazine of Santa Clara University School of Law 10-13 (Fall 1994) (Commencement address given to Santa Clara Law School graduates on May 21, 1994.)

The Lucas Court's Seventh Year: Achieving a Balanced Menu, 107 The Los Angeles Daily Journal S6 (June 8, 1994)

Dean's Column, 25 The Advocate Santa Clara Law 2 (April 1994)

Dean's Column, 25 The Advocate Santa Clara Law 2 (March 1994)

Forum Interview: Judge Stephen Reinhardt, 21 Forum (Los Angeles, Calif.) 50-55 (March 1994)

The Law in Vietnam: With the Money God in the Ascendant, the Judge God Needs Help, 107 The Los Angeles Daily Journal 6 (col.3) (Feb. 9, 1994)

Dean's Column, 25 The Advocate Santa Clara Law 2 (February 1994)

Attorney-Client Dilemma: Heeding New Law on Disclosing Crime Threats Could Imperil Law License, with Peterson, 107 Los Angeles Daily Journal 6 (February 3, 1994)

Fax from the Future: Banishing the Appearance of Impropriety, 107 The Los Angeles Daily Journal 6 (Jan. 12, 1994)

A Tribute to J. Timothy Philipps, 51 Washington and Lee Law Review 1149-1151 (1994) | Link to Digital Commons

Brief Encounters: The New Demands of Appellate Practice, 14 California Lawyer 56-58, 60, 87 (January 1994)

Reflections on Being a Lawyer: Welcoming a New Crop to Cardozo's Crowd, 106 The Los Angeles Daily Journal 6 (December 30, 1993)

Trashing the Chief Justice: Malcolm Lucas Doesn't Deserve Baseless Accusation of Impropriety, 106 The Los Angeles Daily Journal 6 (November 24, 1993)

Dean's Column, 25 The Advocate Santa Clara Law 2 (November 1993)

Dean's Column, 25 The Advocate Santa Clara Law 2 (October 1993)

Dean's Column, 25 The Advocate Santa Clara Law 2,8 (September 1993)

Making Yourself a Target: The Ethics of Lawyer Marketing, 7 California Litigation 3-7 (Fall 1993)

California Supreme Court 1992-1993: How the Justices Stack Up, 106 Daily Journal Report: A Supplement to The Los Angeles Daily Journal 7-11 (June 4, 1993)

Waiting for Thunderclaps, 13 California Lawyer 29-31 (June 1993)

Taming the Wild Initiative, 16 Los Angeles Lawyer 30-33 (May 1993)

Willy Hall: The Ideal Teacher, 32 Living City 12 (May 1993)

The Cases Thurgood Marshall Lost, 17 The Champion 4 (April 1993)

Legatrends for the Legal Profession, 1993 In Brief 13-14, 27 (Winter 1993)

Bankrupted by 'Victims': Label That Masks Complexity of Crime Has Perverted Justice System, 105 Los Angeles Daily Journal 6 (November 10, 1992)

Russ Galloway: Builder of Fires, (Santa Clara University School of Law professor), 32 Santa Clara Law Review 4-5 (1992) | Link to Digital Commons

Uelmen's Picks: Murder, Mystery, Politics, and History, 35 Santa Clara Magazine 48 (Fall 1992)

The Agony and the Irony: The Political Decisions of the Lucas Court, 105 Daily Journal Report: A Supplement to The Los Angeles Daily Journal 19-21 (July 10, 1992)

A Bus Trip: A Guided Tour of the Fourth Amendment Jurisprudence, 16 The Champion 7-12 (July 1992)

Dedication: In Memory of Professor Russell W. Galloway, Jr., (Santa Clara University School of Law Professor), 26 University of San Francisco Law Review 618-619 (1992) | Link to Digital Commons

Plunging into the Political Thicket: In Its Fifth Year, the Lucas Courts Finds Itself Immersed in Battles with the State Legislature, 12 California Lawyer 31-36 (June 1992)

Need for Civilian Police Review Revisited, 105 The Los Angeles Daily Journal 6 (May 15, 1992)

Replacing the Exclusionary Rule with No Fault Insurance, 12 California Criminal Defense Practice Reporter 81-84 (March 1992)

The Politicization of the Courts: Crocodiles in our Bathtub, 5 California Litigation 32-34 (Winter 1992)

School Earns Global Reputation, 6 Law Alumni Newsletter (Santa Clara, Calif.) 7 (Fall 1991)

Budapest Beckons, 6 Law Alumni Newsletter (Santa Clara, Calif.) 14-15 (Fall 1991)

Mortal Decisions: Who Decides?, 4 Issues in Ethics 1,8 (Fall 1991) | Link to Full Text

Would Thomas Make a Difference? A Solidly Right Wing High Court Can Still Be Swayed by a Single Vote, 104 The Los Angeles Daily Journal 6 (September 10, 1991)

The Disappearing Dissenters: California Supreme Court; the Year in Review; More than Ever, the Lucas Court Sings with One Voice, but Judicial Harmony Comes at a Price, 11 California Lawyer 34-39 (June 1991)

Ethics in the Horseshed: Guidelines for Interviewing and Preparing Witnesses, 4 California Litigation 16-19 (Spring/Summer 1991)

Gideon Kanner: The Persistent Advocate, 24 Loyola of Los Angeles Law Review 518-519 (1991) | Link to Digital Commons

Amendment IV: When Supreme Court Justices Enlist in a War, 15 The Champion 14-16 (April 1991)

Are Term Limits Constitutional? Drastic Impact of Prop. 140 Inappropriate for Ballot Measure, 104 The Los Angeles Daily Journal 6 (February 22, 1991)

Lloyd Tevis--The Perfect Mentor, et al , 24 Loyola of Los Angeles Law Review 324-325 (1991) | Link to Digital Commons

What's All the Shouting About? A Rejoinder from the "Self-Appointed Experts" on the California Supreme Court, with Barnett, 10 California Lawyer 14-15 (November 1990)

Playing "Godfather" in Settlement Negotiations: The Ethics of Using Threats, 4 California Litigation 3-8 (Fall 1990)

When a Justice Doesn't Read the Paper, 103 The Los Angeles Daily Journal 6 (September 19, 1990)

Teaching Advocacy Skills at Santa Clara, 4 Law Alumni Newsletter 6-8 (Fall 1990)

Proposition 115: California's Declaration of Dependence , 2 State Constitutional Commentaries and Notes 14-16 (Fall 1990)

Losing Steam, 10 California Lawyer 33-35, 42-44, 116 (June 1990)

Capital Punishment: Looking the Condemned in the Eyes Brings New View, 32 Santa Clara Magazine 47 (Summer 1990)

Prop. 115 and the State Constitution: Measure Would Give Power over Rights for Californians to Justices a Continent Away, 103 The Los Angeles Daily Journal 6 (June 4, 1990)

Don't Be Fooled by the Bird-Baiting: Prop. 115 Trashes Years of Tradition, 103 The Los Angeles Daily Journal 6 (May 25, 1990)

State-Made Snuff Films, 125 New Jersey Law Journal 9 (April 12, 1990)

Measure Won't Cure Grand Jury Flaws; Prop. 115: Predicting the Impact, 103 The Los Angeles Daily Journal 6 (March 23, 1990)

Keep the Indictment Process Fair, 102 Los Angeles Daily Journal 6 (August 22, 1989)

Mainstream Justice: A Review of the Second Year of the Lucas Court, 9 California Lawyer 36-41 (July 1989)

Should Pro Bono Service Be Required?, 31 Santa Clara Magazine 47 (Fall 1988)

Commentary: Are We Reprising a Finale or an Overture?, (Symposium on Judicial Election, Selection, and Accountability), 61 Southern California Law Review 2069-2073 (1988) | Link to Digital Commons

The Joint Defense Privilege: Know the Risks, 14 Litigation 35-38, 60 (Summer 1988) | Link to Digital Commons

Lucas Court: First Year Report: The Crushing Load of Death Penalty Appeals Means the Court No Longer Has the Time to Function as the Architect of California Case Law, 8 California Lawyer 30-34, 96-98 (June 1988)

What's Happened in California Law for Past Century? Top 10 Legal Stories Prove That History Tends to Repeat Itself: The Journal Turns 100, 101 Los Angeles Daily Journal 1 (April 6, 1988)

Striking Jurors Under Batson v. Kentucky : Lessons from California, 2 Criminal Justice 2-4, 38-39 (Fall 1987) | Link to Digital Commons

The Ironies of Yarbrough , ( Yarbrough v. Superior Court ), 7 California Lawyer 120 (Sept. 1987)

Looking for Felix Frankfurter and Finding the Real Robert Bork, 14 The Advocate (Santa Clara, Calif.) 4 (September 1987)

Legal Landmarks of Santa Clara County, 24 In Brief 15-19 (Spring 1987)

Forecasting Trends in the New Supreme Court, 29 Santa Clara Magazine 44 (Spring 1987)

Some "Safe" Predictions for the State Supreme Court; Including an Anticipated Ideological Shift to the ... South, 100 The Los Angeles Daily Journal 4 (March 2, 1987)

Criticism of Judges for Flouting the Public Will Betrays a Basic Misconception of the Role of the Judge in Our System, 9 Los Angeles Lawyer 19-33 (May 1986)

Influence of the Solicitor General upon Supreme Court Disposition of Federal Circuit Court Decisions: A Closer Look at the Ninth Circuit Record, 69 Judicature 361-366 (1986) | Link to Digital Commons

Introduction and Welcome, with Critchfield, (Conference: Financing the Right to Counsel in California), 19 Loyola of Los Angeles Law Review 327-328 (1985) | Link to Digital Commons

The Historical Origins of California's System of Judicial Elections, 98 The Los Angeles Daily Journal 4 (September 5, 1985)

Washington's Infamous Trials, 71 ABA Journal (Annual Meeting Special) DC 12-16 (July 1985)

Plain Yiddish for Lawyers, 71 ABA Journal 78-80 (June 1985) (also pulbished in 19 Beverly Hills Bar Association Journal 135-138 (1985)) | Link to Digital Commons

D.A.s' "White Paper" on Supreme Court Should Be "Red Paper", 98 The Los Angeles Daily Journal 4 (June 18, 1985)

Jury Voir Dire : Notorious Cases Show a Better Way Is at Hand, 98 The Los Angeles Daily Journal 4 (February 4, 1985)

Guaranteeing an Unavoidable Tarnish on Judiciary's Image, 97 The Los Angeles Daily Journal 4 (October 26, 1984)

1991: A Fourth Amendment Odyssey, (edited version of winning essay in the 1984 Ross Essay Contest), 70 American Bar Association Journal 86-91 (September 1984) (Reprinted in 27 Advocate (Boise, Idaho) 26-29 (November 1984)) | Link to Digital Commons

Sharing Privileged Information Among Co-Counsel: The Limits and Risks of the "Joint Defense" Privilege, 8 The Champion 16-20 (August 1984)

Clarence Darrow's Chicago, 70 ABA Journal Annual Meeting Special IL 2-11 (August 1984)

Raking the Justice System: A Smash Hit from Yesteryear; or: A Short Journey to Deja Vu , (excerpt from speech to San Francisco Lawyer's Club), 97 Los Angeles Daily Journal 4 (May 9, 1984)

Attorneys as a Public Resource, 4 California Lawyer 9-10 (Jan. 1984)

Dissent: Supreme Court Reform: Diversion Instead of Division, 11 Pepperdine Law Review 5-7 (1983) | Link to Digital Commons

Some Ironic Parallels in State, Federal Discovery Rules, 96 The Los Angeles Daily Journal 4 (November 9, 1983)

Computer Searches and Seizures, with Tunick, 10 Search and Seizure Law Report 165 (1983)

Orange County's Legal (and Non-Legal) Lore, 6 Los Angeles Lawyer 37-44 (September 1983)

A Lawyer's Guide to Historic Sites in Atlanta, 69 American Bar Association Journal 1052-1058 (1983) | Link to Digital Commons

Legends and Landmarks: The Lawyer Who Saved Clarence Darrow, 10 Criminal Defense 28-29 (May/June 1983)

Recalling 1932: The Bench Preserved, 5 Los Angeles Lawyer 14-21 (February 1983)

The Wrong Way to Fight Crime, 96 The Los Angeles Daily Journal 4 (February 8, 1983)

Legends and Landmarks: The Murder Trial of Carlyle Harris, 10 Criminal Defense 33-34 (January/February 1983)

Legends and Landmarks: The Trial of the Century?, 9 Criminal Defense 49-50 (November/December 1982)

Legends and Landmarks: Mark Twain, Courtroom Critic, 9 Criminal Defense 28-29 (September/October 1982)

A Lawyer's Tour of Old Sacramento: The Colorful History Behind the Capital's Legal Landmarks, 2 California Lawyer 44-50, 101-102 (September 1982)

A Lawyer's Walking Tour of San Francisco, 68 American Bar Association Journal 958-965 (1982) | Link to Digital Commons

Frivolous Questions, 95 The Los Angeles Daily Journal 4 (August 19, 1982)

Prop. 8 Casts Uncertainty over Vast Areas of Criminal Law, 2 California Lawyer 43-45 (July-August 1982)

Moman Prueitt, Criminal Lawyer, 9 Criminal Defense 35-38 (May/June 1982)

No: It Will Take Away Newly Passed Criminal Reforms, (Proposition 8), 95 Los Angeles Daily Journal 4 (May 28, 1982)

Legends and Landmarks: William Howard Taft and the Tom Campbell Riots, 9 Criminal Defense 29-32 (July/August 1982)

The "Could've" Rule for Searches, 4 National Law Journal 11 (December 28, 1981)

Searches of Business Offices for Intermingled Documents, 8 Criminal defense 47-51 (November/December 1981)

Tales from the Federal Courthouse, 4 Los Angeles Lawyer 10-17 (November 1981)

The Hanging Judge of Arkansas, (Isaac Parker), 4 National Law Journal 11 (October 19, 1981)

The Death Penalty: A Concise History of Capital Punishment in California, 8 Forum (Los Angeles, Calif.) 19-21 (September/October 1981)

Forum Interview: Former Governor Edmund G. Brown, 8 Forum (Los Angeles (Calif.) 23-28 (July/August 1981)

Memorable Murder Trials of Los Angeles, 4 Los Angeles Lawyer 19-24 (March 1981) | Link to Digital Commons

Will Reagan Go "Judge-Shopping"?: Bench to Bureaucracy Is a Well-Worn Path, 3 National Law Journal 13 (December 29, 1980)

Legal Landmarks of San Diego, 27 Dicta: the Lawyer's Magazine 3-11 (December 1980)

L.A.'s Statuesque Past, (Stephen M. White), 3 Los Angeles Lawyer 47-51 (November 1980)

Legal Landmarks of Los Angeles, 2 Los Angeles Lawyer 15-21 (Jan. 1980)

Judicial Reform and Insanity in California - a Bridge Too Far, 4 Prosecutor's Brief: The California District Attorney's Association's Quarterly Journal 17-21 (May/June 1979)

Final Report [electronic resource]: California Commission on the Fair Administration of Justice with Boscia, staff editor. California Commission on the Fair Administration of Justice (2008)

California Criminal Procedure and Trial Court Unification. California Law Revision Commission (2002)

Controlled Substance Abuse, entry in Encyclopedia of the American Constitution, vol. 2. Levy and Karst, editors. 2nd edition. Macmillan Publishing Co (2000) (First published in Encyclopedia of the American constitution . Levy, editor. Macmillan Publishing Co. (1994))

Elected Judiciary, entry in Encyclopedia of the American Constitution, vol. 2. Levy and Karst, editors. 2nd edition. Macmillan Publishing Co. (2000) (First published in Encyclopedia of the American constitution . Levy, editor. Macmillan Publishing Co. (1994))

Bryan: A One Man Play. Omaha Community Playhouse (1997) (The Life of William Jennings Bryan)

Capital Punishment, entry in Encyclopedia of the American Presidency. Levy and Fisher, editors. Simon and Schuster (1994)

California Death Penalty Laws and the California Supreme Court: A Ten Year Perspective. California Legislature Senate Committee on Judiciary (1986) | Link to Digital Commons | Link to Library Catalog

Varieties of Police Policy: A Study of Police Policy Regarding the Use of Deadly Force in Los Angeles County. [s.n.] (1973) (Reprinted at 6 Loyola of Los Angeles Law Review 1-65 (1973)) | Link to Digital Commons

Stephanie M. Wildman

Miri’s Moving Day with Adam Ryan Chang. Kar-Ben Publishing (forthcoming 2024)

Breath by Breath . Lawley Publishing (forthcoming January 2024)

Race and Races: Cases and Resources for a Diverse America with Richard Delgado, Juan F. Perea, Rose Cuison-Villazor, Osamudia R. James, and Jean Stefancic. 4th edition. West Group (2023)

Treasure Hunt illustrated by Estefania Razo. Spanish language edition Búsqueda del Tesoro translated by Cecilia Populus-Eudave. Lawley Publishing (2022)

Brave in the Water illustrated by Jenni Feidler-Aguilar. Spanish language edition Valiente en el Agua translated by Cecilia Populus-Eudave. Lawley Publishing (2021)

Race and Races: Cases and Resources for a Diverse America with Richard Delgado, Angela Harris, Juan F. Perea, and Jean Stefancic. 3rd edition. (with Teachers’ Manual). West Group (2015) | Link to Library Catalog

Cases and Materials on Social Justice: Professionals, Communities and Law with Mahoney and Calmore. 2nd edition. Thomson/West (2013) | Link to Library Catalog

Women and the Law Stories with Schneider. Foundation Press/Thomson Reuters (2011)

Race and Races: Cases and Resources for a Diverse America with Perea, Delgado, Harris, and Stefancic. 2nd edition. West Group (2007)

Tort Law: Cases, Perspectives, and Problems with Galligan, Haddon, Maraist, McClellan, Rustad, and Terry. 4th edition. LexisNexis (2007) | Link to Library Catalog

Cases and Materials on Social Justice: Professionals, Communities and Law with Mahoney and Calmore. Thomson/West (2003) | Link to Library Catalog

Race and Races: Cases and Resources for a Diverse America with Perea, Delgado, and Harris. West Group (2000)

Race and Races: Cases and Resources for a Diverse America with Delgado, Harris, Perea, and Stefanic. West Group (2000) | Link to Library Catalog

Privilege Revealed: How Invisilble Preference Undermines America with Armstrong. New York University Press (1996)

"Colorblindness Is the New Racism": Raising Awareness About Privilege Using Color Insight with Armstrong in Deconstructing Privilege: Teaching and Learning as Allies in the Classroom. Case, editor. Routledge (2013)

Obscuring the Importance of Race: The Implications of Making Comparisons Between Racisim and Sexism (or Other Isms) with Grillo in Critical Race Theory: The Cutting Edge. Delgado and Stefancic, editors. 3rd edition. Temple University Press (2013) (Originally published as Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other-Isms) with Grillo, 1991 Duke Law Journal 397-412 (1991))

Language and Silence: Making Systems of Privilege Visible with Davis in Critical Race Theory: The Cutting Edge. Delgado and Stefancic, editors. 3rd edition. (2013) (Originally published as Language and Silence: Making Systems of Privilege Visible with Davis, 35 Santa Clara Law Review 881-906 (1995))

Working Across Racial Lines in a Not-So-Post-Racial World with Armstrong in Presumed Incompetent: The Intersections of Race and Class for Women in Academia. Gutierrez, Niemann, Gonzalez, and Harris, editors. Utah State University Press (2012)

Telling Stories to Courts: Women Claim Their Legal Rights with Schneider in Women and the Law Stories. Scheider and Wildman, editors. Foundation Press (2011)

Pregnant and Working: The Story of California Federal Savings & Loan Ass'n. v. Guerra in Women and the Law Stories. Schneider and Wildman, editors. Foundation Press (2011)

Race and Wealth Disparity: The Role of Law and the Legal System with Moran in Race and Wealth Disparities: A Multidisciplinary Discourse. Moran, editor. University Press of America (2008)

Anti-Discrimination Laws are Limited in Discrimination: Opposing Viewpoints. Langwith, editor. Greenhaven Press (2008)

Making Systems of Privilege Visible with Davis in White Privilege: Essential Readings on the Other Side of Racism. Rothenberg, editor. Worth (2002) | Link to Library Catalog

Taking Back the Center with Grillo in The Social Construction of Race and Ethnicity in the United States. Ferrante and Brown, editors. 2nd edition. Prentice Hall (2001) (Excerpted from the article originally published as Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism, Sexism (or Other-Isms) with Grillo, 1991 Duke Law Journal 397-412 (1991))

Language and Silence: Making Systems of Privilege Visible with Davis in Readings for Diversity and Social Justice: An Anthology on Racism, Antisemitism, Heterosexism, Abelism, and Classism. Adams, Blumenfeld, Castaneda, Hackman, Peters, and Zuniga, editors. Routledge (2000) (Originally published as Language and Silence: Making Systems of Privilege Visible , 35 Santa Clara Law Review 881-906 (1995))

Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism, Sexism (or Other Isms) with Grillo in Critical Race Theory: The Cutting Edge. Delgado and Stefancic, editors. 2nd edition. Temple University Press (2000) (Originally published as Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other-Isms) , with Grillo, 1991 Duke Law Journal 397-412 (1991)) | Link to Library Catalog

Language and Silence: Making Systems of Privilege Visible with Davis in Critical Race Theory: The Cutting Edge. Delgado and Stefancic, editors. 2nd edition. (2000) (Originally published as Language and Silence: Making Systems of Privilege Visible , 35 Santa Clara Law Review 881-906 (1995)) | Link to Library Catalog

Taking Back the Center with Grillo in The Social Construction of Race and Ethnicity in the United States. Ferrante and Brown, editors. Longman (1998) (Excerpted from the article originally published as Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism, Sexism (or Other-Isms) with Grillo, 1991 Duke Law Journal 397-412 (1991)) | Link to Library Catalog

Making Systems of Privilege Visible with Davis in Critical White Studies: Looking Behind the Mirror. Delgado and Stefancic, editors. Temple University Press (1997) (Originally published as Language and Silence:Making Systems of Privilege Visible , 35 Santa Clara Law Review 881-906 (1995)) | Link to Library Catalog

Obscuring the Importance of Race: The Implications of Making Comparisons Between Racism, Sexism (or Other Isms) with Grillo in Critical White Studies: Looking Behind the Mirror. Delgado and Stefancic, editors. Temple University Press (1997) (Originally published as Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other-Isms) , with Grillo, 1991 Duke Law Journal 397-412 (1991)) | Link to Library Catalog

Obscuring the Importance of Race: The Implications of Making Comparisons Between Racism and Sexism (or Other Isms) with Grillo in Critical Race Feminism: A Reader. New York University Press (1997) (Originally published as Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other-Isms) , with Grillo, 1991 Duke Law Journal 397-412 (1991))

Reflections on Whiteness: The Case of Latinos(as) in Critical White Studies: Looking Behind the Mirror. Delgado and Stefancic, editors. Temple University Press (1997) (Originally published as Reflections on Whiteness and Latina/o Critical Theory , 2 Harvard Latino Law Review 307-316 (1997)) | Link to Library Catalog

The Legacy of Doubt: Treatment of Sex and Race in the Hill-Thomas Hearings with Davis in Critical Race Feminism: A Reader. Wing, editor. New York University Press (1997) (Revision of article by the same title originally published at 38 Southern California Law Review 1367-1391 (1992))

The Classroom Climate in Looking at Law School: A Student Guide from the Society of American Law Teachers. Gillers, editor. Revised and expanded 4th edition. Meridian (1997) | Link to Library Catalog

Legacy of Doubt: Treatment of Sex and Race in the Hill-Thomas Hearings with Davis in Critical race feminism: a reader. Wing, editor. New York University Press (1997)

Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism, Sexism (or Other Isms) with Grillo in Critical RAce Theory: The Cutting Edge. Delgado, editor. Temple University Press (1995) (Originally published as Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other-Isms) , with Grillo, 1991 Duke Law Journal 397-412 (1991)) | Link to Library Catalog

Language and Silence: Making Systems of Privilege Visible with Davis in Critical Race Theory: The Cutting Edge. Delgado, editor. Temple University Press (1995) (Originally published as Language and Silence:Making Systems of Privilege Visible , 35 Santa Clara Law Review 881-906 (1995)) | Link to Library Catalog

Sexism, Racism and the Analogy Problem in Feminist Thought with Grillo in Racism in the Lives of Women: Testimony, Theory and Guides to Antiracist Practice. Adleman and Enguidanos, editors. Haworth Press (1995) | Link to Library Catalog

Hearing Women: From Professor Hill to Dr. Ford, 33 J. Civ. Rts. & Econ. Dev. 85 (2019) | Link to Full Text

Gender In/sight: Examining Culture and Constructions of Gender, with Chang, 18 Geo. J. of Gender & Law 43 (2017) | Link to Full Text

Wise Latina/os Reflect on Role Models, Acting Affirmatively, and Structures of Discrimination: In Honor of Richard Delgado, with Lucy Gaines, 33 Law and Inequality 459-479 (2015) | Link to Digital Commons

Practicing Social Justice Feminism in the Classroom, 2014 Freedom Center Journal 57-78 (2014) | Link to Digital Commons

Reflections on Presumed Incompetent: The Intersections of Race and Class for Women in Academia Symposium—The Plenary Panel, 29 Berkeley Journal of Gender, Law, and Justice 195-249 (2014) | Link to Digital Commons

In Honor of Angela Harris: Finding Breathing Space, Embracing the Contradictions, and "Education Work", 47 University of California at Davis Law Review 1047-1064 (2014) | Link to Digital Commons

Revisiting Privilege Revealed and Reflecting on Teaching and Learning Together, 42 Washington University Journal of Law and Policy 1-22 (2013) | Link to Digital Commons | Link to Full Text

A Social Justice Lens Turned on Legal Education: Next Steps in Representing the Vulnerable and Inspiring Law Students, with Moss-West, 37 The Journal of the Legal Profession 179-198 (2013) | Link to Digital Commons

Revisiting the Work We Know So Little About: Race, Wealth, Privilege, and Social Justice, with Armstrong and Moran, 2 UC Irvine Law Review 1011-1022 (2012) | Link to Digital Commons

Pregnancy Discrimination and Social Change: Evolving Consciousness About a Worker's Right to Job-Protected, Paid Leave, with Shiu, 21 Yale Journal of Law and Feminism 119-159 (2009) | Link to Digital Commons

Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight, with Armstrong, 86 North Carolina Law Review 635-672 (2008) | Link to Digital Commons

Race and Wealth Disparity: The Role of Law and the Legal System, with Moran, 34 Fordham Urban Law Journal 1219-1238 (2007) | Link to Digital Commons

Persistence of White Privilege, 18 Washington University Journal of Law and Policy 245-265 (2005) | Link to Digital Commons

Democracy and Social Justice: Founding Centers for Social Justice in Law Schools, 55 Journal of Legal Education 252-267 (2005) | Link to Digital Commons

Privilege, Gender, and the Fourteenth Amendment: Reclaiming Equal Protection of the Laws, 13 Temple Political and Civil Rights Law Review 707-732 (2004) | Link to Digital Commons

Introduction: Dreaming in America: In Honor of Professor Trina Grillo, (Symposium: In Honor of Professor Trina Grillo: Legal Education for a Diverse World), 31 University of San Francisco Law Review 733-745 (1997) | Link to Digital Commons

Democratic Community and Privilege: The Mandate for Inclusive Education, (Dismantling the Master's House: Essays in Memory of Trina Grillo), 81 Minnesota Law Review 1429-1440 (1997) | Link to Digital Commons

Reflections on Whiteness and Latina/o Critical Theory, 2 Harvard Latino Law Review 307-316 (1997) (Revised and reprinted as a chapter in Critical White Studies: Looking Behind the Mirror . Delgado and Stefancic, editors. Temple University Press (1997)) | Link to Digital Commons

Language and Silence: Making Systems of Privilege Visible, with Davis, 35 Santa Clara Law Review 881-906 (1995) (Reprinted as chapters in: Critical Race Theory: The Cutting Edge . Temple University Press (1995); 2nd ed. (2000); Critical White Studies: Looking Behind the Mirror . Temple University Press (1997); Readings for Diversity and Social Justice: An Anthology on Racism, Antisemitism, Heterosexism, Abelism, and Classism . Routledge (2000)) | Link to Digital Commons

Privilege in the Workplace: The Missing Element in Anti-Discrimination Law, (1994 Symposium on Women in the Workplace), 4 Texas Journal of Women and the Law 171-188 (1995) | Link to Digital Commons

Privilege and Liberalism in Legal Education: Teaching and Learning in a Diverse Environment, (Symposium: Looking to the 21st Century: Under-Represented Women and the Law), 10 Berkeley Women's Law Journal 88-97 (1995) | Link to Digital Commons

Bringing Values and Perspectives Back into the Law School Classroom, 4 Southern California Review of Law and Women's Studies 89-95 (1994) | Link to Digital Commons

The Legacy of Doubt: Treatment of Sex and Race in the Hill-Thomas Hearings, with Davis, 65 Southern California Law Review 1367-1391 (1992) (Revised and reprinted as a chapter in Critical Race Feminism: A Reader . Wing, editor. New York University Press (1997)) | Link to Digital Commons

Time to Abolish Implied Assumption of a Reasonable Risk in California, with Barker, 25 University of San Francisco Law Review 647-679 (1991) | Link to Digital Commons

Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other-Isms), with Grillo, 1991 Duke Law Journal 397-412 (1991) (Reprinted in: A Critical Race Feminism: A Reader (1997); Critical Race Theory: The Cutting Edge (1995 and 2000); Critical White Studies: Looking Behind the Mirror (1997); and excerpted in The Social Construction of Race and Ethnicity in the United States (1998 and 2001)) | Link to Digital Commons

Integration in the 1980's: The Dream of Diversity and the Cycle of Exclusion, (Symposium: The United States Supreme Court's 1988 Term Civil Rights Cases), 64 Tulane Law Review 1625-1676 (1990) | Link to Digital Commons

The Classroom Climate: Encouraging Student Involvement, 4 Berkeley Women's Law Journal 326-334 (1989) | Link to Digital Commons

The Question of Silence: Techniques to Ensure Full Class Participation, (Women in Legal Education--Pedagogy, Law, Theory, and Practice), 38 Journal of Legal Education 147-154 (1988) | Link to Digital Commons

Strict Products Liability in California: An Ideological Overview, with Farrell, 19 University of San Francisco Law Review 139-158 (1985) | Link to Digital Commons

A Study of Justice Pro Tempore Assignments in the California Supreme Court, with Whitehead, 20 University of San Francisco Law Review 1-11 (1985) | Link to Digital Commons

The Legitimation of Sex Discrimination: A Critical Response to Supreme Court Jurisprudence, 63 Oregon Law Review 265-307 (1984) | Link to Digital Commons

Is the Reasonable Man Obsolete? A Critical Perspective on Self-Defense and Provocation, 14 Loyola of Los Angeles Law Review 435-468 (1981) | Link to Digital Commons

42 U.S.C. §1985(3)--A Private Action to Vindicate Fourteenth Amendment Rights: A Paradox Resolved, 17 San Diego Law Review 317-333 (1980) | Link to Digital Commons

Interracial Intimacy and the Potential for Social Change, (review of Interracial Intimacy: The Regulation of Race and Romance ), 17 Berkeley Women's Law Journal 153-164 (2002) | Link to Digital Commons | Link to Library Catalog

Thinking About Race and Races: Reflections and Responses, 89 California Law Review 1653-1664 (2001) | Link to Digital Commons

Ending Male Privilege: Beyond the Reasonable Woman, (review of A Law of Her Own: The Reasonable Woman as a Measure of Man ), 98 Michigan Law Review 1797-1812 (2000) | Link to Digital Commons | Link to Library Catalog

Review Essay: The Power of Women, (review of Toward a Feminist Theory of the State ), 2 Yale Journal of Law and Feminism 435-452 (1990) | Link to Digital Commons | Link to Library Catalog

Enlightened Social Insurance in a World Made Safer, (review of Doing Away with Personal Injury Law ), 44 University of Miami Law Review 877-892 (1990) | Link to Digital Commons

An Homage to Derrick Bell, with Armstrong, 36 Seattle University Law Review v-viii (2013) | Link to Full Text

Living Values Through the Center for Social Justice and Public Service, with Moss-West, 16 Explore: A Quarterly Examination of Catholic Identity and Ignatian Character in Jesuit Higher Education Explore (Santa Clara, Calif.) 18-21 (Spring 2013)

Gender Integration of the Legal Academy: The Role of the AALS Section on Women in Legal Education, 80 University of Missouri at Kansas City Law Review 801-804 (2011) | Link to Digital Commons

Women's Work, 53 Santa Clara Magazine 24-25 (Summer 2011) | Link to Full Text

Meeting Human Needs: Examining the Social Safety Net for Working America, (Symposium, Foreword), 44 Santa Clara Law Review 961-967 | Link to Digital Commons

Instilling Purpose: Courses in Justice Need to be a Part of Every Law Student's Legal Education, 114 The Los Angeles Daily Journal 18 (Feb. 5, 2001) (Published simultaneously at 107 San Francisco Daily Journal 18)

Schools Need Affirmative Action to Offset Admittance Bias and Honor King, with Kidder, 114 The Los Angeles Daily Journal 6 (Jan. 23, 2001) (Published simultaneously at 107 San Francisco Daily Journal 6)

Affirmative Action: Necessary for Equality for All Women, 12 Berkeley La Raza Law Journal 429-432 (2000) | Link to Digital Commons

Dedication, (Symposium: In Honor of Professor Trina Grillo: Legal Education for a Diverse World), 31 University of San Francisco Law Review 731-732 (1997) | Link to Digital Commons

Implied Assumption of a Reasonable Risk: Much Ado About Nothing or Radical Departure in California Law?, 12 San Francisco Barrister 3-6 (April 1993) | Link to Digital Commons

Time to Separate Actual and Proximate Cause, 105 The Los Angeles Daily Journal 7 (Feb. 4, 1992)

Rise of the Reasonable Woman: The 9th Circuit Acknowledges That Not All Members of Society Share the Same Reality, 104 The Los Angeles Daily Journal 6 (Mar. 11, 1991)

The RIAR Tort Defense Should Be Abolished, with Barker, 103 The Los Angeles Daily Journal 5 (Dec. 26, 1990)

Real World Needs Affirmative Action, 102 The Los Angeles Daily Journal 6 (July 25, 1989)

Propositions Are the Wrong Way for Tort Reform, 101 The Los Angeles Daily Journal 6 (Nov. 7, 1988)

Individualized Law Fails in Our "Risk-Infested" World, 9 In These Times 7 (September 3-9, 1986)

A Crisis Unresolved, 99 The Los Angeles Daily Journal 4 (July 29, 1986)

Equal Rights: How to Fulfill the Promise?, 95 The Los Angeles Daily Journal 4 (July 2, 1982)

Critical Feminist Theory entry in Encyclopedia of Law and Society: American and Global Perspectives. Clark, editor. Sage (2007)

Eric W. Wright

SOS (Safeguard Our Survival): Understanding and Alleviating the Lethal Legacy of Survival-Threatening Child Abuse, with Wright, 16 American University Journal of Gender, Social Policy and the Law 1-114 (2007) | Link to Digital Commons

Bad Faith and Punitive Damages, (Symposium: The Future of Tort Litigation in California), 29 Santa Clara Law Review 545-565 (1989) | Link to Digital Commons

Competition in Legal Services Under the War on Poverty, 19 Stanford Law Review 579-592 (1967) | Link to Digital Commons

Witness' Modesty Versus Criminal Defendant's Constitutional Rights: An Accommodation, 18 Stanford Law Review 945-953 (1966) | Link to Digital Commons

Am I My Brother's Keeper?, 25 Santa Clara Magazine 19-21 (June 1983)

Car Dealer Bonding: A Problem of Consumer Protection, 3 The Santa Clara Advocate 1, 8 (December 17, 1971)

Tseming Yang

Comparative and Global Environmental Law and Policy. with Anastasia Telesetsky, Lin Harmon-Walker, and Robert V. Percival. Wolters Kluwer (2019) | Link to Library Catalog

China's Cancer Villages in The Cambridge Handbook on Environmental Justice and Sustainable Development. edited by Sumudu Atapattu, Carmen G. Gonzalez and Sara Seck. Cambridge University Press. (forthcoming 2019 )

The U.S. System of Environmental Information Disclosure and its Role in Encouraging Public Participation in The International Experience in Environmental Participation . Lin and Lu, editors. (2015)

The Relationship Between Domestic and International Environmental Law in International Environmental Law: The Practitioner's Guide of the Laws of the Planet. Martella and Grosko, editors. American Bar Association (2014)

The Top 10 Trends in International Environmental Law in International Environmental Law: The Practitioner's Guide of the Laws of the Planet. Martella and Grosko, editors. American Bar Association (2014)

"We the People": Environmental Petitioning and Public Participation in Environmental Enforcement with Xuehua Zhang, Ph.D. in Next Generation Environmental Compliance and Enforcement. Paddock and Wentz, editors. American Bar Association (2014)

Public Environmental Law in the United States in Public Environmental Law in the European Union and the United States: A Comparative Analysis. Seerden, Heldeweg, and Deketelaere, editors. Kluwer Law International (2002)

International Environmental Protection: Human Rights and the North-South Divide in Justice and Natural Resources: Concepts, Strategies, and Applications. Mutz, Bryner, and Kenney, editors. Island Press (2002)

Regulation of Transporters of Hazardous Waste and Materials with Skow in California Environmental Law and Land Use Practice. Manaster and Selmi, consultants. Matthew Bender & Co (1995) (Chapter 52) | Link to Library Catalog

Old and New Environmental Racism, ___ Utah L. Rev. ___ (forthcoming 2024)

The Emergence of the Environmental Impact Assessment Duty as a Global Legal Norm and General Principle of Law , 70 Hastings Law Journal 525-572 (2019)

The Case for U.S. Ratification of the Basel Convention on Hazardous Wastes, with C. Scott Fulton, 25 New York University Environmental Law Journal 52-107 (2017)

The Top 10 Trends in International Environmental Law, translated into Chinese by Wang, 17 Journal of Jiangsu University, Social Science Edition (Nov. 2015)

Symposium Introduction: 2014 Santa Clara Journal of International Law Symposium on The Environment and Human Rights, 13 Santa Clara Journal of International Law 1 (2015)

Introduction to California's Greenhouse Gas Emission Trading Program, 15 Journal of Jiangsu University: Social Science Edition (September 2013)

ASIL Insight: The UN Rio + 20 Conference on Sustainable Development - What Happened?, 16 American Society of International Law Insights [n.p.] (September 4, 2012)

Public Participation in Environmental Enforcement . . . with Chinese Characteristics?: A Comparative Assessment of China’s Environmental Complaint Mechanism?, with Zhang, 24 Georgetown International Environmental Law Review 325-366 (2012) | Link to Full Text

The Emerging Practice of Global Environmental Law, 1 Transnational Environmental Law 53-64 (2012) (Invited essay for inaugural issue) | Link to Full Text

Environmental Tort Litigation in China, with Moser, 41 Environmental Law Reporter 1085-1091 (2011) | Link to Digital Commons

The Emergence of Global Environmental Law, with Percival, 36 Ecology Law Quarterly 615-664 (2009) | Link to Digital Commons

The Implementation Challenge of Mitigating China's Greenhouse Gas Emissions, 20 Georgetown International Environmental Law Review 681-701 (2008) | Link to Digital Commons

International Treaty Enforcement as a Public Good: Institutional Deterrent Sanctions in International Environmental Agreements, 27 Michigan Journal of International Law 1131-1184 (2006) | Link to Digital Commons

Choice and Fraud in Racial Identification: The Dilemma of Policing Race in Affirmative Action, the Census, and a Color-Blind Society, 11 Michigan Journal of Race and Law 367-418 (2006) | Link to Digital Commons

The Challenge of Treaty Structure: The Case of NAFTA and the Environment, 100 American Society of International Law Proceedings 32-37 (2006) | Link to Digital Commons

The Problem of Maintaining Emission "Caps" Without Federal Government Involvement: A Brief Examination of the Chicago Climate Exchange and the Northeast Regional Greenhouse Gas Initiative, 17 Fordham Environmental Law Review 271-286 (2006) | Link to Digital Commons

The Effectiveness of the NAFTA Environmental Side Agreement's Citizen Submission Process: A Case Study of Metales y Derivados, 76 University of Colorado Law Review 443-502 (2005) (Reprinted in 37 Land Use and Environment Law Review 377-439 (2006)) | Link to Digital Commons

The International Significance of an Instance of Urban Environmental Inequity in Tijuana, Mexico, 31 Fordham Urban Law Journal 1321-1331 (2004) | Link to Digital Commons

Of Borders, Fences and Global Environmentalism, 4 Chicago Journal of International Law 237-244 (2003) | Link to Digital Commons

Environmental Regulation, Tort Law and Environmental Justice: What Could Have Been, 41 Washburn Law Journal 607-628 (2002) | Link to Digital Commons

The Form and Substance of Environmental Justice: The Challenge of Title VI of the Civil Rights Act of 1964 for Environmental Regulation, 29 Boston College Environmental Affairs Law Review 143-228 (2002) | Link to Digital Commons

Melding Civil Rights and Environmentalism: Finding Environmental Justice's Place in Environmental Regulation, 26 Harvard Environmental Law Review 1-107 (2002) | Link to Digital Commons

Free Trade and the Environment: The NAFTA, the NAAEC, and Implications for the Future, with Moreno, Rubin, and Smith, 12 Tulane Environmental Law Journal 405-478 (1999) (Excerpted in NAFTA and Free Trade in the Americas, by Folsom, Gordon, and Gantz. 2nd ed. Thomson/West (2005)) | Link to Digital Commons

Balancing Interests and Maximizing Rights in Environmental Law, (Symposium: Environmental Justice: Mobilizing for the 21st Century), 23 Vermont Law Review 529-544 (1999) | Link to Digital Commons

Race, Religion, and Cultural Identity: Reconciling the Jurisprudence of Race and Religion, 73 Indiana law Journal 119-185 (1997) | Link to Digital Commons

The 2014 Revisions of China's Environmental Protection Law, Risk Dialogue Magazine (October 16, 2014)

Climate Change Law and Lawyering at Santa Clara Law, 19 Santa Clara Law 12-19 (Spring 2013) | Link to Library Catalog

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David G. Yosifon

Moby-Dick as Corporate Catastrophe: Law, Ethics, and Redemption , 90 U. Cin. L. Rev. 372 (2021) | Link to Digital Commons

Corporate Law as An Existential Project, 88 Fordham L. Rev. 1801 (2020) | Link to Full Text

Opting Out of Shareholder Primacy: Is the Public Benefit Corporation Trivial?, 41 Delaware Journal of Corporate Law 461 (2017) | Link to Full Text

Is Corporate Patriotism a Virtue?, 15 Santa Clara Journal of International Law 265 (2016) | Link to Digital Commons

The Social Relations of Consumption: Corporate Law and the Meaning of Consumer Culture, 2015 Brigham Young University Law Review 1309 | Link to Digital Commons

The Law of Corporate Purpose, 10 Berkeley Business Law Journal 181-230 (2014) | Link to Digital Commons

Corporate Aid to Governmental Authority: History and Analysis of An Obscure Power in Delaware Corporate Law, 10 University of Saint Thomas Law Journal 1087-1122 (2013) | Link to Digital Commons

Consumer Lock-In and the Theory of the Firm, 35 Seattle University Law Review 1429-1467 (2012) | Link to Digital Commons

Towards a Firm-Based Theory of Consumption, 46 Wake Forest Law Review 447-468 (2011) | Link to Digital Commons

Discourse Norms as Default Rules: Structuring Corporate Speech to Multiple Stakeholders, (Symposium on Commercial Speech and Public Health), 21 Health Matrix: Journal of Law-Medicine 189-228 (2011) | Link to Digital Commons

The Public Choice Problem in Corporate Law: Corporate Social Responsibility after Citizens United , 89 North Carolina Law Review 1197-1246 (2011) | Link to Digital Commons

The Consumer Interest in Corporate Law, 43 U.C. Davis Law Review 253-313 (2009) | Link to Digital Commons

Legal Theoretic Inadequacy and Obesity Epidemic Analysis, 15 George Mason Law Review 681-740 (2008) | Link to Digital Commons

Resisting Deep Capture: The Commercial Speech Doctrine and Junk-Food Advertising to Children, (Symposium: Food Marketing to Children and the Law), 39 Loyola of Los Angeles Law Review 507-602 (2006) | Link to Digital Commons

The Situational Character: A Critical Realist Perspective on the Human Animal, with Hanson, 93 Georgetown Law Journal 1-179 (2004) | Link to Digital Commons

Broken Scales: Obesity and Justice in America, with Benforado and Hanson, 53 Emory Law Journal 1645-1806 (2004) | Link to Digital Commons

The Situation: An Introduction to the Situational Character, Critical Realism, Power Economics, and Deep Capture, with Hanson, 152 University of Pennsylvania Law Review 129-346 (2003) | Link to Digital Commons

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The Battle for Christmas: A Social and Cultural History of Christmas That Shows How It Was Transformed from an Unruly Carnival Season into the Quintessential American Family Holiday , 32 Journal of Social History 231-233 (1998) | Link to Library Catalog | Link to Full Text

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Immigration Laws Essay examples

• 8 Works Cited

Prior to 1882, there were not any formal acts that controlled immigration. The Act of 1875 merely prohibited the importation of women for purposes of prostitution and the immigration of aliens "who are undergoing conviction in their own country for felonious crimes, other than political..." The Act of 1882 levied a head tax of fifty cents "for every passenger not a citizen of the United States ," and forbade the landing of convicts, lunatics, idiots, or of "any person unable to take care of himself or herself without becoming a public charge." The Act of 1885 blocked the immigration of aliens under contract to labor. The Acts of 1891 and 1903 made a number of further additions to the excluded classes (such as anarchists, polygamists, and …show more content…

"Give Me Your Tired, Your Poor..." from the Emma Lazarus poem "The New Colossus" lists as one of the most famous verses in American history. It is ironic that Lazarus wrote it in1882 in celebration of the erection of the Statue of Liberty which has become the iconic symbol of America as a welcoming beacon for a "nation of immigrants." The Statue of Liberty was dedicated only four years later. In 1917, literacy tests were required of immigrants. Immigrants were required to write and read a language, although the language did not have to be English. In the 1920's, Congress instituted a series of "quotas" on immigration. That 1921 Emergency Quota Act gave that, held up by the 1910 census; three per cent of a European nationality that resided in the U.S. would be permitted to enter each year. 1924’s Johnson-Reed Act lowered the quota to two per cent and used the 1890 census figures. It also provided that in 1927 no more than 150,000 immigrants per year would be admitted on the basis of their national origin. These quotas favored the Western European countries. No restrictions were placed on Western Hemisphere countries such as Canada and Mexico. Asians were totally excluded. Another feature the 1924 law provided was the partiality and non quota status given to certain relatives of American citizens such as parents, children under twenty-two, husbands and the wives and children under eighteen. By the 30's and 40's the

For the Years 1880-1925, Analyze Both the Tensions Surrounding the Issue of Immigration and the United States Government's Response to These Tensions

As leaders of this nation began to see the excessive outrage of many non-immigrants, they began to do something about the filtration process of the new immigrants coming over. Many new tests were formed in order to secure the amount of jobs being taken by Southern and Eastern Europeans. These tests included literacy tests, and simple health tests to test for mental illness, insanity, etc. In the end the new filtration laws were only letting about 37% of all immigrants into the United States (Document H). Many Americans responded well to these new laws, because they did not want insane, or illiterate, or mentally handicapped people taking over their jobs and taking their wages.

America as a Nation of Immigrants Essay

World War II brought a new set of immigrants, and eventually the passing of the Displaced Persons Act of 1947. This allowed people, displaced by war to enter the country above quota limits

Immigration in USA Essay

• 7 Works Cited

At first the government supported open immigration in the open and settled land, but after the Civil War while, states began to pass their own immigration regulations and immigrating become more difficult. The Supreme Court decided immigration would be under federal jurisdiction in 1875, and Congress created the Department of Immigration in 1891. Since 1900 to 1921, Congress created the "quota system," which gave authorization for a specified number of individuals of all ethnic groups in immigration like most Asian nations (Wellman, Cole).

Essay about Racism in Canada

to use slaves. Also in 1885 another act was created, this act taxed Chinese immigrants fifty dollars and

Essay on Life in the 1920s

There was a big gap between the native-born and immigrants in the 1920s. African Americans were not the only people who experienced racism in the 1920s. (Huggins) Masses of non-protestant immigrants arrived to the United States from south-east Europe. Most of them were Jews and Catholics. These new immigrants, along with Orientals, Mexicans, and Blacks, suffered the most from those who were involved with the White Anglo-Saxon Protestant (W.A.S.P.) values. (Racial Discrimination in America during the 1920s) In 1921, Congress passed many immigration laws to stop immigration from southern and eastern Europe. (Huggins) Congress passed the Emergency Quota Act which created a quota system. This

History of Immigration in the United States Essay

• 10 Works Cited

Then there was the Chinese Exclusion Act of 1882, which barred certain laborers from migrating to the United States. Between 1885 and 1887 the Alien Contract Labor also, prohibited specific laborers from immigrating to the US. In 1891 the Federal Government took on the duty of admitting, inspecting, rejecting, and processing all immigrant in search of admission to the United States. On January 2, 1892, a Federal US immigration station opened on Ellis Island in New York Harbor. In 1903 a reaffirmed provisions that were in the 1891Act. The US immigration Act of 1907, reorganized the states bordering Mexico that includes Arizona, New Mexico and a large part of Texas. Between 1917 and 1924 there were a series of laws were ratified to limit the number of new aliens. These laws established the quota system and forced passport requirements. They also expanded the categories of excludable aliens and banned all Asians except the Japanese. A 1924 Act was created to reduced the number of US immigration visas and allocated them on the foundation of national origin. In 1940 The Alien Registration Act required all non-U.S. citizens within the United States to register with the Government and receive an Alien Registration Receipt Card, which was later called a Green Card. The Passage of the Internal Security Act of 1950 depicted the Alien Registration Receipt Card even more

The Gilded Age

In 1882 the Chinese Exclusion Act was passed, and Alien Contract Labor Laws of 1885 and 1887 prohibited certain laborers from immigrating to the United States. " Immigration Act of 1882 levied a head tax of fifty cents on each

Immigration And Illegal Immigration

The framework for American immigration policy began around the 1750-1820 period through the incorporation of colonial legacy with existing state and federal policy (Zolberg, 2009). The United States legislation has excluded whole nations and regions from migrating due to internal and external factors. The Chinese Exclusion Act of 1882 and the Page Act of 1875 restricted Chinese female immigration. In 1917 and 1924, quota systems were adopted to prohibit considerably “undesirable and “inferior” ethnic groups and races. During the Great Depression in the 1930s, between 400,000 and 1 million Mexican laborers and their families were deported under the “repatriation” programs. Approximately

Immigration Policies Of The 1920s

The 1890s to the 1920s was the first time that the federal government was taking a real stand and control over immigration policies. It also saw the two greatest waves of immigration in the country’s history. War, poverty, political turmoil, social upheaval, food shortages, lack of available jobs and more prompted people from foreign countries to move to the United States because it was the land of dreams and prosperity. After the depression of the 1890s immigration jumped from 3.5 million to 9 million in a ten year period. By 1900, New York City had as many Irish residents as Dublin and more Italians than any city outside Rome and more Poles than any city except Warsaw. It had more Jews than any other city in the world, as well as large amount of Slavs, Lithuanians, Chinese, and Scandinavians (Collier). The government began to limit these new immigrants. From 1882 until 1943 most Chinese immigrants were barred from entering the United States under the Chinese Exclusion Act, the nation’s first law to ban immigration by race or nationality. In 1892, Ellis Island was opened in New York evaluate immigrants before allowing them to enter the United States. On the West Coast, Angel Island, a similar immigrant station opened near San Francisco. World economies slowed and other problems occurred that caused people to become desperate for work and a fresh start.

Immigration Restriction Law of 1924 Essay

The immigration act of 1924 was really the first permanent limitation on immigration. This limitation was like a quota system that only aloud two percent instead of the three percent of each foreign born group living in the United states in 1890. Like it say in Document A “Under the act of 1924 the number of each nationality who may be admitted annually is limited to two per cent of the population of such nationality resident in the United States according to the census of 1890.” Using the 1890 census instead of newer up-to-date ones they excluded a lot of new immigrants from Southern and Eastern Europe that came by in resent years (This is shown awfully well in Document B). This acts annual quota changed from 358,000 in 1921 to 164,000

Summary Of The Immigration Act Of 1917

In 1911, The Dillingham Commission (1907) published a 42-volume report, noticing that the "new" immigration from Southern and Eastern Europe could threaten American society. It was recommendations for the Quota Acts of the 1920s. In 1913, California's Alien Land Law prohibited aliens ineligible for citizenship, Chinese and Japanese from owning property in the state. Then in 1917 was another year marked for many events such as the Congress decreed a literacy requirement for immigrants, they should be able to read 40 words in some language; however Asian were banned except for Japan and the Philippines. Then, United States entered the First World War. Following, The Immigration Act of 1917 controlled the Asian immigration by creating an "Asiatic

Explain The Act Set Quotas Limiting Immigration

The act set quotas limiting annual immigration from particular countries. Wives and unmarried children of US citizens, residents of the Western hemisphere, religious or academic professionals were all allowed free entrance. Other than that, everyone else was subject to annual numerical limits. For three year until July 1927, the quota would be two percent of the total population of that nationality based upon the 1890 Census. After that, the quota would be limited to a total of 150,000 immigrants which would be divided in proportion of the birth countries to the ancestry of the 1920

Essay on Immigration To Canada

The first measure restricting immigration enacted by Congress was a law in 1862 forbidding American vessels to transport Chinese immigrants to Canada; 20 years later Congress passed the Chinese Exclusion Act excluding Chinese immigrants. In 1875, 1882, and 1892, acts passed by Congress provided for the examination of immigrants and for the exclusion from Canada of convicts, polygamists, prostitutes, persons suffering from loathsome or contagious diseases, and persons liable to become public charges. The Alien Contract Labor Laws of 1885, 1887, 1888, and 1891 prohibited the immigration to Canada of persons entering the country to work under contracts made before their arrival; professional actors, artists, singers, lecturers, educators, ministers, and personal and domestic servants were exempt from this provision. Alien skilled laborers, under these laws, were permitted to enter Canada to work in new industries. A diplomatic agreement made in 1907 by Canada and Japan provided that the Japanese government would not issue passports to Japanese laborers intending to enter Canada; under the terms of this agreement, Canada government refrained until 1924 from enacting laws excluding Japanese immigrants.

Naturalization Of Immigration Essay

Naturalization Act of 1870: Control Naturalization Process and penalization of fraudulent practices. The Chinese Exclusion Act (1882) allowed the U.S. to suspend

Nativism Essay

There were multiple regulations passes between 1880 and 1925 which regulated the number of immigrants entering the country. In 1882, the Immigration Act only allowed for people of "good stock" to enter the country. This act passed by Congress provided for the examination of immigrants and for the exclusion from the U.S. of convicts, prostitutes, persons suffering from diseases, and persons liable to become public charges. This act, along with the Chinese Exclusion Act, which disallowed immigrants from China to enter the country, was responsible for a precipitous decline in immigration. In 1885, The Alien Contract Labor Laws were created. They prohibited the immigration to the U.S. of persons entering the country to work under contracts made before their arrival. In 1887 the American Protective Association was created by Henry Bowers. It was a radical group that created conspiracy theories of

Related Topics

• Immigration to the United States
• United States
• History of immigration to the United States
• Immigration Act of 1924
• Immigration
• Emergency Quota Act

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Supreme Court Won’t Block, for Now, Aggressive Texas Immigration Law

The law, which empowers local officials to arrest and deport migrants who enter the country without authorization, was challenged by the Biden administration as an affront to federal power.

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By Adam Liptak

Reporting from Washington

• March 19, 2024

The Supreme Court temporarily sided with Texas on Tuesday in its increasingly bitter fight with the Biden administration over immigration policy, allowing an expansive state law to go into effect that makes it a crime for migrants to enter Texas without authorization.

As is typical when the court acts on emergency applications, its order gave no reasons. But Justice Amy Coney Barrett, joined by Justice Brett M. Kavanaugh, filed a concurring opinion that seemed to express the majority’s bottom line.

They were returning the case to an appeals court for a prompt ruling on whether the law should be paused while an appeal moves forward, Justice Barrett wrote. “If a decision does not issue soon,” she wrote, “the applicants may return to this court.”

For now, though, Texas law enforcement officials will be allowed to arrest people suspected of crossing the border illegally. How long that remains true is now a question for the appeals court.

The three liberal members of the court — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — dissented.

“Today, the court invites further chaos and crisis in immigration enforcement,” Justice Sotomayor wrote. “Texas passed a law that directly regulates the entry and removal of noncitizens and explicitly instructs its state courts to disregard any ongoing federal immigration proceedings. That law upends the federal-state balance of power that has existed for over a century, in which the national government has had exclusive authority over entry and removal of noncitizens.”

Justice Sotomayor, joined by Justice Jackson, said the majority had rewarded the U.S. Court of Appeals for the Fifth Circuit for using an unseemly procedural gambit. The appeals court had entered an “administrative stay” of a trial judge’s ruling blocking the law.

Such administrative stays are meant to give courts time to consider whether to enter actual stays, and they are typically in place for brief periods. But the Fifth Circuit, Justice Sotomayor wrote, “recently has developed a troubling habit of leaving ‘administrative’ stays in place for weeks if not months.”

She wrote that “the Fifth Circuit abused its discretion, and this court makes the same mistake by permitting a temporary administrative stay.”

The two justices’ dissent spanned 10 caustic pages. Justice Kagan issued a shorter and milder dissent, though she agreed that the majority should have not have been swayed by the appeals court’s procedural choices.

“I do not think the Fifth Circuit’s use of an administrative stay, rather than a stay pending appeal, should matter,” she wrote. “Administrative stays surely have their uses. But a court’s unreasoned decision to impose one for more than a month, rather than answer the stay pending appeal issue before it, should not spell the difference between respecting and revoking long-settled immigration law.”

The court’s order addressed just one aspect of the clashes between the White House and Gov. Greg Abbott of Texas, who has embarked on a multibillion-dollar campaign to deter migrants, including by installing razor wire along the banks of the Rio Grande and a barrier of buoys in the river.

The surge in migrants entering the United States has intensified a fraught battle over immigration policy, underscoring deep divisions between and sometimes within political parties. It has led to the impeachment by House Republicans of the homeland security secretary and the failure of a bipartisan Senate deal to increase border security.

The law in Texas, sometimes called S.B. 4, also empowers state courts to order the deportation of migrants who enter the state without authorization. The administration, civil rights groups and El Paso County challenged the law, saying it interfered with the federal government’s power to set immigration policy and to conduct foreign affairs.

In 2012, in Arizona v. United States, the Supreme Court endorsed broad federal power in those areas by a 5-to-3 vote.

“Arizona may have understandable frustrations with the problems caused by illegal immigration” while the federal government tries to address them, Justice Anthony M. Kennedy wrote for the majority, “but the state may not pursue policies that undermine federal law.”

The court’s composition has changed since then, and officials in Texas are hopeful that the current justices will alter the balance of power between the federal government and the states in the realm of immigration.

In allowing the law go into effect, the Supreme Court, for now at least sided with Texas, Justice Sotomayor wrote.

“The court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos, when the only court to consider the law concluded that it is likely unconstitutional,” she wrote.

In a Supreme Court filing , Texas said its law was meaningfully different from the one at issue in Arizona. But if the justices disagreed, the filing said, “Arizona should be overruled as contrary to both statutory and constitutional text, structure and history.”

Judge David A. Ezra , of the Federal District Court in Austin, last month entered a preliminary injunction blocking the Texas law, saying the plaintiffs were likely to win on several grounds. “Over a century of Supreme Court cases,” he added, recognized that the Constitution gave the federal government the dominant role in addressing immigration.

Judge Ezra, who was appointed by President Ronald Reagan, rejected Texas’ argument that its law was authorized by a clause of the Constitution forbidding states from engaging in war “unless actually invaded, or in such imminent danger as will not admit of delay.”

He gave three reasons. Unauthorized immigration, he said, is not an invasion. Enforcing the state law is not engaging in war. And even if both things were true, Texas “would have to abide by federal directives.”

Texas asked the U.S. Court of Appeals for the Fifth Circuit to block Judge Ezra’s ruling and allow the law to go into effect while it hears an appeal. A divided three-judge panel of the appeals court almost immediately did so , without providing reasons. The appeal is scheduled to be argued on April 3.

The panel gave the plaintiffs a week to seek relief from the Supreme Court. After the plaintiffs filed emergency applications, Justice Samuel A. Alito Jr., who oversees the Fifth Circuit, extended the appeals court’s brief stay to allow the justices to consider the matter.

In the administration’s emergency application , Solicitor General Elizabeth B. Prelogar wrote that the Texas law amounted to “interference with the nation’s ability to speak with one voice in international affairs” and “would significantly harm the United States’ relationship with Mexico.”

She added that the law “would fundamentally disrupt the federal immigration regime to allow a single state to make unilateral determinations regarding unlawful entry and removal.”

In response , Texas said it “has the sovereign right to defend itself from violent transnational cartels that flood the state with fentanyl, weapons and all manner of brutality.”

In January, addressing another emergency application from the Biden administration, the Supreme Court allowed federal officials to cut or remove parts of a razor-wire barrier along the Mexican border that Texas had erected to keep migrants from crossing into the state.

But that ruling, by a 5-to-4 vote, was only an interim victory for the administration.

Tuesday’s ruling, too, was provisional. But Justice Sotomayor wrote that it was infected by grave errors.

“The court confronts a state immigration law that will transform the balance of power at the border and have life-altering consequences for noncitizens in Texas,” she wrote, adding: “The Fifth Circuit has not yet weighed in, but nevertheless issued a one-sentence administrative order that is maximally disruptive to foreign relations, national security, the federal-state balance of power and the lives of noncitizens. The court should not permit this state of affairs.”

Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. More about Adam Liptak

Immigration Asylum and Nationality Law Essay

In the UK it is very easy to move from a temporary settlement to a permanent one and it has increased the levels of net migration to the brimming level. The Government showed its intentions to introduce some interim changes to the present criteria for permitting permanent settlement with effect from April 2011. These may include minimum salary criteria for economic migrants, new requirements for unspent criminal convictions, and proficiency in the English language (The Coalition Government’s plans: Asylum and Illegal Immigration, 2011).

It is quite evident that students from other countries contribute a lot to the UK economy and it should not stop in the coming years. So, student visas should not be targeted to cut as international student migration brings many benefits to the UK economy. Nevertheless, some other measures may be taken to meet the goal of the Coalition government to reduce the net migration and settlement.

These could be : not an easy transfer from temporary to permanent migrant status; requirements for skilled workers should include higher levels of skills, qualifications and English language and a minimum pay limit, entry through family route should be restricted in number and candidates should be assessed through a secured test particularly on the proficiency in English language, post –study work should be classified as not leading to settlement, students on sorter courses should not be allowed to work or allowed to do unpaid work or internships only, students on shorter courses should be devoid of the right to bring dependents or the dependents should not be allowed to work (Reducing Net Migration Without Targeting Students, 2011).

The government of the UK already warned that many overseas students from outside Europe will be diminished at least half by the coalition government if it plans to reduce annual net migration to the UK (Travis, 2010).

“The visa system can be protected from abuse by assessing the potential risk posed by different nationals from different countries. Students on lower-level courses from highest-risk nations should be restricted” (Reducing Net Migration Without Targeting Students, 2011). A new authorizing body should be formed to certify private sector colleges and to discard the lowest quality colleges from the Sponsors Register to stop them from attracting students. “Another measure is to make the students pay the full fees in advance for courses up to 6 months and two-thirds of first year fees for longer courses” (Reducing Net Migration Without Targeting Students, 2011).

“English UK suggests that there should be no changes to the system for at least one year after the completion of the current tier 4 student visa review” (Reducing Net Migration Without Targeting Students, 2011). Further, there should be the possibility for amendments only twice in a year (Reducing Net Migration Without Targeting Students, 2011).

According to Tony Millns, chief executive of English UK that due to the economic situation the UK has become less attractive to the migrants and the new system more strict and tough than prior to 2009.Students not being the contributive force to migration or settlement are not the right target for cuts in visas. It is argued that students are most likely to return home after the completion of their course or end of the visa period. The balance in the number of new candidates is maintained by those completing the course and leaving the country. Moreover, they play a vital role in facilitating the financial condition of the universities and contribute to the UK economy (Reducing Net Migration Without Targeting Students, 2011).

The commitment to the Government in the Coalition Agreement is that the annual limits would be placed on non-EU economic migration with effect from April 2011.An overall reduction in net migration level is intended by the Government. “Hence, all categories and ways to permanent settlement are being reviewed for this purpose” (Immigration and asylum policy: the Coalition Government’s plans, 2011).

The Government believes that this can be achieved by reducing chances for abuse in the visa system and being strict about the criteria for the selection of the entrants. This will protect the UK’s economic interests by attracting the best and the brightest migrants who will reinforce the UK economy (Immigration and asylum policy: the Coalition Government’s plans, 2011).

The Government’s Plan

The Coalition government took first step for working on immigration and asylum in May 2010 (Gower, 2011).

According to Coalition Agreement document, “The Government believes that immigration has enriched our culture and strengthened our economy, but that it must be controlled so that people have confidence in the system. We also recognize that to ensure cohesion and protect our public services, we need to introduce a cap on immigration and reduce the number of non EU immigrants” (Gower, 2011).

Damain Green, the Minister for immigration, intended to circumvent the drawbacks of immigration policy arguments happened in earlier years. He wished to adopt some smart ways which are not based on ‘emotion and prejudice’ (Gower, 2011).

The Government has made it a point that entrants having a job offer will be given priority over those who do not have it. “Consequently, the General visa would be brought to an end which enabled the highly skilled migrants to enter in the UK without a job offer” (Gower, 2011). It is observed that this visa category has not been successful in attracting highly skilled workers as many Tier 1(General) migrants are living without employment or are engaged in low-skilled occupations. Hence, Tier 1 would include a new visa category for exceptionally talented people like” scientists, academics and artists who have achieved international recognition, or likely to do so” (Gower, 2011).

The Government considers that the student visas are more prone to be abused. The entry of those persons who come to study low-level courses and especially in the private colleges does not seem to be beneficial to the UK. Such migrants are more interested in living or working rather than studying in the UK (Gower, 2011).

Focusing on future immigration policies, the Immigration Minister said, “The real question… is not how many, or where are they from. It is how can Britain benefit most from immigration? What controls do we need to maximize those benefits and minimize the strains?” (Gower, 2011).

“This balance is at the heart of this government’s approach to immigration. Britain benefits from immigration, and has always benefited from immigration, but it will only continue to do so if it is properly controlled. This means that the unsustainable levels of net migration seen in recent years must be brought down” (Gower, 2011).

She further mentioned, “The Prime Minister has identified the sustainable level of immigration as an annual rate of net migration in the tens of thousands rather than the hundreds of thousands. (…) How do we get from where we are now to a position where we can continue to attract at least our fair share of the brightest and the best to study and work here, without putting unacceptable levels of pressure on our public services and the ability of our society to absorb change?” (Gower, 2011).

In November 2010 the Home Secretary stated in her speech that a more selective approach would be adopted in the matters related to the students also. Only” the highly skilled, the talented and the genuinely needed” entrants would be entertained and the less deserving would be rejected. To reduce the net migration levels it is necessary to cut down on the student visas as the majority of the migrants come as students. It is to be pointed that student visas are not a direct route to permanent migration so the Tier 1 visa which enables the foreign graduates from UK universities to stay in the UK in search of work should be eliminated (Gower, 2011).

Damian Green declared in 2010 the return of failed asylum seekers to Zimbabwe (UK Boarder Agency News, 2010).

In December 2010 some specific proposals in this direction were brought into light. According to which there would a limited range of courses for the foreign students, their entitlement to work and bringing family members along would be limited, their chances to extend studies or switching into a work immigration category would be curbed and a strict certifying requirements for the private colleges (Gower, 2011).

Regarding the family migration the Home Secretary pointed in her November 2010 speech that those who wish to adjust in the society and assimilate into the local community should be considered for entry to deal with the abuse of the marriage route. To discourage fraud in marriages the Government will be abolishing the legislation which supports the ‘certificate of approval scheme’. “Further, some other measures are also to be taken to stop sham marriages and to make the rules for entry as the spouse of a person migrated to the UK. The probationary period for the foreign spouses for getting the eligibility to seek permanent settlement in the UK is being considered to be extended beyond two years” (Gower, 2011).

Besides this, it will also be made necessary to enquire the UK sponsors regarding the accommodation and maintenance requirements for this purpose. “A new requirement was included into the immigration rules In November 2010.Now, it is compulsory to have basic command over English language for applying for leave to enter or remain as the spouse of a person settled in the UK. An equivalent to level A1 on the Common European Framework of Reference for languages, a test has to be cleared that is approved by UKBA to demonstrate the basic command of speaking and listening English language” (Gower, 2011). This step will help in protecting public services, strengthening of the economic system and facilitating integration in the society (Gower, 2011).

In relation to the route for permanent settlement via temporary settlement the Government has planned to restrict the opportunities for settling in the UK (Gower, 2011).

According to Damian Green, Immigration Minister, “we are radically reforming the immigration system to bring net migration down to the tens of thousands by the end of this Parliament” (Net Migration rises by 36%, official figures show, 2011).

In news published in the NewStatesman, it was said that the Coalition government is trying hard to meet with its plans to reduce the net migration from 200,000 (Eaton, 2010). “The focus was on ‘the tens of thousands’ by 2015” (UK may see high net migration in 2011, 2010).

But according to Donna Covey who is the head of Refugee Council, “We know the government is looking at improving the decision-making process for asylum cases, but they must do so as a matter of urgency to ensure that those in need of protection are not returned to countries where their lives are at risk” (Net Migration rises by 36%, official figures show, 2011).

The present system allows a convenient switch over to permanent settlement from the temporary resident status. Though the Labor Government was also intending to introduce the ‘earned citizenship’ policy in this connection they are radically reforming the immigration system to bring net migration down to the tens of thousands by the end of this Parliament” (Gower, 2011). “The Government wants to introduce some interim changes to the present system of sanctioning permanent settlement with effect from April 2011.These would probably take in new requirements regarding” unspent criminal convictions, minimum salary criteria for economic migrants, and competence in English” (Gower, 2011).

The Coalition Government does not intend to compel the removal of the asylum seekers as they could be subject to maltreatment because of their sexual orientation. The Government confirms that new ways for the improvement of the present asylum system will be looked into. This will help in the speedy processing of applications. Various schemes directed towards the improvement of speed, efficiency, quality and cost-effectiveness are tested in this regard for their appropriate implementation by December 2011 (Gower, 2011).

Another plan which is related to abolish the child detention for immigration purposes was introduced in December 2010 (Gower, 2011). “ The Coalition Government stated that a dedicated Border Police Force would be established to reinforce coordination of border controls and security operations” (Gower, 2011).

Besides the measures taken in account for the foreign spouses, there is a requirement to review English language criteria for other immigration categories. These requirements should be made more demanding so that they contribute to integration. “Moreover, the Migration Impacts Fund was also abolished in summer 2010, which was established to manage the transitional impacts of immigration by providing funds to the local communities” (Gower, 2011).

The rights for the EU migrants’ to live in the UK are mainly come under the European law and not the domestic law. So, it does not get affected by the policies of the Government to reduce net immigration. “The Government has pointed that in future EU enlargement the Government would try to lessen the burden by imposing transitional controls on new Members States’ freedom of movement rights” (Gower, 2011).

Though the Home Office and the UKBA are the leading policy makers it cannot be denied that the immigration and asylum system may be affected by the other policymaking of the other Government departments such as Ministry of Justice (Gower, 2011).

The intentions of Government on the issue of immigration and asylum were indicated first in the May 2010 Coalition Government’s document. To retain the confidence of people in the system it is considered necessary to curb the net migration rate of non EU immigrants. A cap on immigration is required to protect the unity and the public services (Immigration and asylum policy: the Coalition Government’s plans, 2011).

To achieve this aim the Government is likely to take some actions:

The Minister for Immigration, Damian Green, in a speech made on 7September 2010, showed his desire to develop smart measures which are influenced by evidence. He pointed out that the shortcomings of the previous immigration policy debates should be avoided and rather than getting influenced by” emotions and prejudice” focus should be placed upon taking smarter measures.

The criteria for the selection of the entrants should be based upon the maximum benefit obtained from the immigration and reducing the tension rather than the number or nationality of the entrants. Though immigration has always enriched the culture and strengthened the economy of UK but this can be sustained only if the increasing levels of net migration in the past years are reduced (Immigration and asylum policy: the Coalition Government’s plans, 2011).

“The sustainable level of immigration has been identified to be in the tens of thousands rather than the hundreds of thousands annually by the Prime Minister” (Immigration and asylum policy: the Coalition Government’s plans , 2011). The major concern is to attract the brightest and the best to study or work avoiding the unwanted strain on the public services and pressure on the society to take up change (Immigration and asylum policy: the Coalition Government’s plans , 2011).

“In case of the persons who have already obtained permanent settlement, some of the “policy prescriptions” were identified by the Minister which were being considered by the Government” (Immigration and asylum policy: the Coalition Government’s plans , 2011). He drew attention towards for “steady downward pressure on many routes to long-term immigration (Immigration and asylum policy: the Coalition Government’s plans, 2011).

The Home Secretary also stated the same in his speech on5 November 2010 that immigration under Labor was completely out of control and there is a great need to bring the net migration levels down. “He argued that net migration to Britain came up to almost 2.2 million people between 1997 and 2009 which is two times more than the population of Birmingham. Further, the individual stories about abuse have weakened the public confidence” (Immigration and asylum policy: the Coalition Government’s plans, 2011).

“The uncontrolled migration has placed pressure on the key public services like schools, the health services, transport, housing and welfare” (Immigration and asylum policy: the Coalition Government’s plans , 2011). Besides this, many other impacts on the social system such as separation and tensions in communities harming the social integration of the society are caused by the increasing level of immigration (Immigration and asylum policy: the Coalition Government’s plans, 2011).

According to a poll conducted on this issue it is revealed that the public as well as a vast majority of Lib Dem supporters want more rigorous controls on immigration. Further, 81 per cent support has been found in the YouGov survey for the restraints put on the migration cutting down the number of visas issues to the non EU workers. “So, to bring down the number of people arriving in Britain verses those who are leaving is to be brought down to the’ tens of thousands’ from 215,000 is the part of the policy. However, some 70 per cent stated that it would the ‘best for Britain’ if the net migration is reduced to 50,000 or less” (8 in 10 Britons want Tighter Controls on Immigration, 2011).

“A report published by an Oxford University academic has warned that the population of the white Britons will reduce the level of minority if the immigration level is not brought down” (8 in 10 Britons want Tighter Controls on Immigration, 2011). Prof David Coleman said that the white British- born population would decrease from 80 per cent to 59 per cent in 1951 if immigration level continues to be 180,000 a year.

He says that if the same situation persists, the English, Welsh, Scottish and Irish born citizens as they come under British population would become a minority after 2066.This revelation has definitely upset the people (8 in 10 Britons want Tighter Controls on Immigration, 2011).The Business Secretary Vince Cable is of the view that the government’s cap on economic migrants is too tough (8 in 10 Britons want Tighter Controls on Immigration, 2011).

According to Sir Andrew Green, chairman of Migration watch, the results of the polls done the issue of net migration act as” a strong vote of confidence in the government’s recent measures to control economic migration” (8 in 10 Britons want Tighter Controls on Immigration, 2011).

It is presumed by the Office for National Statistics that the population will reach up to 70 million by 2029 if the scenario remains the same. These revelations are making the people distressed who want to see the lowered levels of immigration and worried about the long –term consequences of immigration (8 in 10 Britons want Tighter Controls on Immigration, 2011).

Reference List

“8 in 10 Britons want Tighter Controls on Immigration” (2011). The European Union Times . Web.

Eaton G (2010). Cameron will be punished for failure on immigration . NewStatesman . Web.

Gower M (2011). Immigration and asylum policy: the Coalition Government’s plans. House of Commons Library. Web.

“Immigration and Asylum Policy: the Coalition Government’s plans” (2011). UK Student News and Events. Web.

“ Net Migration rises by 36%, official figures show ” (2011). BBC News . Web.

“UK Border Agency News” (2010). UK Border Agency . Issue 4. Securing Our Border Controlling Migration. Web.

“Reducing Net Migration Without Targeting Students” (2011). UK Student News and Events. Web.

“The Coalition Government’s Plans: Asylum and Illegal Immigration” (2011). UK Student News and Events. Web.

Travis A (2010). Foreign students in UK to be hit hard by immigration cuts. Guardian. Web.

“UK may see high net migration in 2011” (2010). Education . Web.

• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2022, March 26). Immigration Asylum and Nationality Law. https://ivypanda.com/essays/immigration-asylum-and-nationality-law/

"Immigration Asylum and Nationality Law." IvyPanda , 26 Mar. 2022, ivypanda.com/essays/immigration-asylum-and-nationality-law/.

IvyPanda . (2022) 'Immigration Asylum and Nationality Law'. 26 March.

IvyPanda . 2022. "Immigration Asylum and Nationality Law." March 26, 2022. https://ivypanda.com/essays/immigration-asylum-and-nationality-law/.

1. IvyPanda . "Immigration Asylum and Nationality Law." March 26, 2022. https://ivypanda.com/essays/immigration-asylum-and-nationality-law/.

Bibliography

IvyPanda . "Immigration Asylum and Nationality Law." March 26, 2022. https://ivypanda.com/essays/immigration-asylum-and-nationality-law/.

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Texas immigration controversy rekindles fight over arizona’s ‘show me your papers’ law.

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The legal battle over a controversial Texas immigration law could eventually give the Supreme Court a chance to revisit a historic ruling that largely struck down Arizona’s “show me your papers” law and reaffirmed the federal government’s “broad, undoubted power” over immigration.

Texas’ SB 4, which allows state officials to arrest and detain people they suspect of entering the country illegally, is back in court Wednesday at the 5th U.S Circuit Court of Appeals in New Orleans.

The law is on hold after three judges blocked it while they consider whether it is constitutional. That same panel will hear Wednesday’s arguments.

The majority ruling in the 2-1 decision last month leaned heavily on the 2012 Supreme Court case known as Arizona v. United States, in which the high court struck down several provisions of an Arizona law, SB 1070, intended to deter illegal immigration.

Legal experts believe the Texas case could eventually give the majority-conservative Supreme Court an opportunity to take another look at the federal government’s long-held control over immigration policy.

“This would be probably one of the most radical changes the Supreme Court has made in the immigration field,” said Andrew Schoenholtz, a professor at Georgetown Law and an expert on immigration law, referring to the possibility that the high court overturns its 2012 ruling. “It’s that much of a change that Texas is asking for.”

When he signed the law, Texas Republican Gov. Greg Abbott acknowledged that the issue could end up back at the Supreme Court.

“We think that Texas already has the constitutional authority to do this, but we also welcome a Supreme Court decision that would overturn the precedent set in the Arizona case,” Abbott told CNN’s Rosa Flores.

Denise Gilman, a professor at the University of Texas School of Law, agreed that the state’s goal is to get the justices to reverse the Arizona decision.

“It would have been incredibly difficult for the 5th Circuit to let this law stand under existing Supreme Court precedent,” she said. “The Supreme Court is another matter. The Supreme Court can overturn its own precedent, and that’s clearly what the state of Texas wants it to do.”

Video below: Securing the southern border continues to be a challenge

SB 4 was initially blocked by a federal judge in late February in a pair of cases brought by the Biden administration, two immigrant advocacy groups and El Paso County. Texas quickly appealed that decision to the 5th Circuit. In the meantime, the Supreme Court had allowed the state to enforce the law for a brief time on March 19, only for the appeals court to put it back on hold hours later.

‘Show me your papers’ law

The Arizona law is a high-profile example of what happens when states attempt to take immigration policy into their own hands.

Then-Arizona Republican Gov. Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, known as SB 1070, into law in 2010.

Chief among the law’s provisions was one that allowed police to check a person’s immigration status during traffic stops or other law enforcement actions if the official had “reasonable suspicion” to believe the person was in the country unlawfully. That part of SB 1070 led critics to dub it the “show me your papers” law.

SB 1070 also made it a state crime for “unauthorized immigrants” to fail to carry registration papers and other government identification; forbade people unauthorized for employment in the U.S. to apply, solicit or perform work; and authorized police to arrest undocumented immigrants without a warrant when “probable cause” existed that they committed a crime that made them deportable.

Legal challenges to the law quickly ensued. The Supreme Court upheld the “show me your papers” part of the law and struck down the three other parts.

Perhaps most importantly, the majority ruling penned by Justice Anthony Kennedy reaffirmed the federal government’s authority over immigration matters. The five-justice bloc said that “federal power to determine immigration policy is well settled” and that its “authority rests, in part, on the National Government’s constitutional power to ‘establish an uniform Rule of Naturalization.’ ”

“The National Government has significant power to regulate immigration,” Kennedy wrote. “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law.”

Gilman said the court’s decision in Arizona is significant because Texas’ SB 4 essentially contains the concepts the court struck down in that case.

“The (Arizona) law that made a crime out of immigration status was struck down by the Supreme Court as being in conflict with federal authority to govern immigration enforcement,” she said. “And that’s a really significant part of what the Texas law has in place.”

Among the three justices who dissented in the 2012 case, two are still on the court: Justices Clarence Thomas and Samuel Alito. Justice Antonin Scalia died in 2016. (Justice Elena Kagan disqualified herself from the 2012 case.)

Jessica Bulman-Pozen, a professor at Columbia Law School who specializes in federalism, said the arguments pushed by Texas in defense of SB 4 hew most closely to the dissent penned by Scalia, which concluded that Arizona’s law was enacted in an effort to enforce federal immigration law “more effectively.”

“The court did not think that was right as a descriptive matter about what was happening in Arizona, and I think it’s even more clearly incorrect here with respect to Texas,” Bulman-Pozen said, referring to the majority’s rejection of Arizona’s argument that it was attempting to address the Obama administration’s alleged inaction on immigration issues.

“The idea that what (Texas is) doing is in fact vindicating some kind of congressional judgment or congressional law against an executive that’s not enforcing (those laws), I don’t think that that’s a fair description of what’s happening here,” she said.

Abbott cited the Scalia dissent when he signed the law.

“Remembering that Justice Scalia wrote a dissenting opinion in that case, pretty much laying out a pathway that he thought would be a legal way for a state to go about the process of enforcing immigration laws,” Abbott told CNN.

Oldham’s dissent

A considerable amount of daylight exists between the divided 5th Circuit panel that is weighing the legality of SB 4.

“Supreme Court authorities and the detailed statutory scheme governing who will be permitted to remain in the United States and removal procedures strongly indicate that Congress ‘occupies [the] entire field’ of unlawful entry and reentry of noncitizens as well as removal,” Chief Judge Priscilla Richman wrote in a decision that was joined by Circuit Judge Irma Carrillo Ramirez.

But Circuit Judge Andrew Oldham – a former Alito clerk – wrote in a lengthy dissent last week that he would have let Texas enforce the law while the legal challenges continue.

Oldham leaned into a more limited reading of the Supreme Court’s 2012 decision in Arizona, saying it “certainly does not suggest States may never supplement any federal immigration laws.”

He argued the Arizona decision leaves some room for parts of SB 4 to withstand scrutiny, particularly the policy that allows Texas judges to order immigrants to be deported.

“The Arizona Court did not hold – as plaintiffs seem to believe – that the State was preempted from the field of removal because of ‘some brooding federal interest’ like foreign policy or national security,” wrote Oldham, who was also previously general counsel to Abbott.

Texas’ attorneys have raised those same claims.

“Arizona did not find that state laws concerning entry and removal were field preempted, and nothing in Arizona precludes States from regulating entry and reentry or issuing return orders,” the attorneys wrote.

Whether those arguments have any salience before the nation’s highest court if the case comes before the justices is another question.

“To the extent the court revisited Arizona in this context, it would basically be making states authorities with respect to entry and removal in the immigration space. And that would be an extreme departure from precedent in our nation’s history,” Bulman-Pozen said. “It’d be quite shocking.”

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Texas' immigration law is being challenged in court amid racial profiling concerns

Adrian Florido

Texas' immigration law has raised fear that it'll promote racial profiling by police. The concerns evoke memories of what happened after Arizona passed its so-called "show me your papers" law in 2010.

ARI SHAPIRO, HOST:

A federal appeals court today heard arguments over the Texas immigration enforcement law known as SB4. It empowers local law enforcement to arrest and deport people who are in the state illegally. SB4 is currently on hold while the Biden administration's legal challenge makes its way through the federal courts. Many of the measure's critics worry that, if it takes effect, it will lead to rampant racial profiling by police. It all sounds very similar to a battle over a law that Arizona passed in 2010 which made it a crime to be undocumented in the state and required police to check the status of people they suspected. NPR's Adrian Florido has this look-back.

ADRIAN FLORIDO, BYLINE: When Arizona's SB1070 was passed in 2010, Reyna Montoya was a college student, undocumented, living with her parents. And the so-called show me your papers law had them in constant fear.

REYNA MONTOYA: My mom, for example, didn't allow me to go to the movie theaters with my friends, and she said that it was better to be cautious and to be safe than sorry.

FLORIDO: When she did go out, avoiding the police became vital.

MONTOYA: Whenever I would get to a stop sign, I started counting five Mississippis very slowly. So I just remember that my hands would start sweating, and I would be extra cautious to ensure that I wouldn't get in any type of encounter with law enforcement.

FLORIDO: Latinos and immigrants like Montoya knew that just the way they looked or spoke could give police a reason to suspect they were undocumented. The law even put Native Americans on alert, along with other U.S. citizens. Mario Carrillo, who's Mexican American, remembers that, when he took a road trip to Tucson from his home in Texas, he made sure to pack his U.S. passport.

MARIO CARRILLO: I can tell you for a fact that if SB1070 had not been put into law right around that time - that I would not have taken my passport. I wouldn't have felt the need to take it.

FLORIDO: As it turned out, he says that, once in Arizona, he was pulled over by a Border Patrol agent who asked if he was a U.S. citizen and who took his passport back to his patrol truck to verify it.

CARRILLO: I'm sure if I had been blond, blue-eyed, you know, I doubt that that same question would have come up.

FLORIDO: Just like the federal government is challenging Texas' law today, it also challenged Arizona's on the grounds that immigration enforcement was a federal responsibility. But a coalition of civil rights groups filed a separate lawsuit in Arizona on different legal grounds. Nicholas Espiritu is one of the attorneys who litigated that case. He's with the National Immigration Law Center. And he says the goal of the lawsuit was to show that SB1070 would have racist outcomes and that it was written with racist intent.

NICHOLAS ESPIRITU: We also wanted to highlight that the whole law was designed in part because of a desire to discriminate against Latinos, and we presented a large amount of evidence in the record to that effect.

FLORIDO: They found emails, writings and speeches in which the law's Republican authors talked about an invasion from Mexico and used other stereotypes to talk about Latinos. Ultimately, in 2012, the Supreme Court ruled, though only on the government's challenge.

(SOUNDBITE OF ARCHIVED NPR BROADCAST)

MELISSA BLOCK: To the Supreme Court now and a much-anticipated decision on Arizona's controversial immigration law.

FLORIDO: It struck down parts of the law that criminalized being in the state as an undocumented immigrant, but it upheld the section allowing police to investigate people's immigration status if they suspected they were in the country illegally. The civil rights groups spent several more years fighting that provision and eventually settled with the state's attorney general after he agreed to instruct police departments to essentially ignore that part of the law. While it remains on the books today, attorney Nicholas Espiritu says...

ESPIRITU: It can't be used as a mechanism to engage in racial profiling.

FLORIDO: Lisa Magana, a political scientist at Arizona State University, says one reason state officials threw in the towel was because of the immense public backlash. The state gained a reputation as racist. Artists and corporations boycotted.

LISA MAGANA: The state lost lots of money. The impact of boycotts and cancellations of conventions and concerts is what I think had the state rethink these types of laws.

FLORIDO: SB1070 also led many young Latinos and immigrants to activism. That wave of organizing helped turn Republican Arizona into the battleground state it is today. Reyna Montoya, who used to count to five at stop signs, founded a nonprofit called Aliento that helps young undocumented immigrants work through trauma stemming from their status. Many were children during the years of SB1070 and remember worrying their parents might not come home. She says the recent news about Texas' immigration law...

MONTOYA: This has been very triggering and opening up old wounds.

FLORIDO: And also opening up a deep worry, she says, that police could once again get a license to racially profile people who look like them.

Adrian Florido, NPR News.

Copyright © 2024 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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Texas immigration controversy rekindles fight over arizona’s ‘show me your papers’ law.

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The legal battle over a controversial Texas immigration law could eventually give the Supreme Court a chance to revisit a historic ruling that largely struck down Arizona’s “show me your papers” law and reaffirmed the federal government’s “broad, undoubted power” over immigration.

Texas’ SB 4, which allows state officials to arrest and detain people they suspect of entering the country illegally, is back in court Wednesday at the 5th U.S Circuit Court of Appeals in New Orleans.

The law is on hold after three judges blocked it while they consider whether it is constitutional. That same panel will hear Wednesday’s arguments.

The majority ruling in the 2-1 decision last month leaned heavily on the 2012 Supreme Court case known as Arizona v. United States, in which the high court struck down several provisions of an Arizona law, SB 1070, intended to deter illegal immigration.

Legal experts believe the Texas case could eventually give the majority-conservative Supreme Court an opportunity to take another look at the federal government’s long-held control over immigration policy.

“This would be probably one of the most radical changes the Supreme Court has made in the immigration field,” said Andrew Schoenholtz, a professor at Georgetown Law and an expert on immigration law, referring to the possibility that the high court overturns its 2012 ruling. “It’s that much of a change that Texas is asking for.”

When he signed the law, Texas Republican Gov. Greg Abbott acknowledged that the issue could end up back at the Supreme Court.

“We think that Texas already has the constitutional authority to do this, but we also welcome a Supreme Court decision that would overturn the precedent set in the Arizona case,” Abbott told CNN’s Rosa Flores.

Denise Gilman, a professor at the University of Texas School of Law, agreed that the state’s goal is to get the justices to reverse the Arizona decision.

“It would have been incredibly difficult for the 5th Circuit to let this law stand under existing Supreme Court precedent,” she said. “The Supreme Court is another matter. The Supreme Court can overturn its own precedent, and that’s clearly what the state of Texas wants it to do.”

Video below: Securing the southern border continues to be a challenge

SB 4 was initially blocked by a federal judge in late February in a pair of cases brought by the Biden administration, two immigrant advocacy groups and El Paso County. Texas quickly appealed that decision to the 5th Circuit. In the meantime, the Supreme Court had allowed the state to enforce the law for a brief time on March 19, only for the appeals court to put it back on hold hours later.

‘Show me your papers’ law

The Arizona law is a high-profile example of what happens when states attempt to take immigration policy into their own hands.

Then-Arizona Republican Gov. Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, known as SB 1070, into law in 2010.

Chief among the law’s provisions was one that allowed police to check a person’s immigration status during traffic stops or other law enforcement actions if the official had “reasonable suspicion” to believe the person was in the country unlawfully. That part of SB 1070 led critics to dub it the “show me your papers” law.

SB 1070 also made it a state crime for “unauthorized immigrants” to fail to carry registration papers and other government identification; forbade people unauthorized for employment in the U.S. to apply, solicit or perform work; and authorized police to arrest undocumented immigrants without a warrant when “probable cause” existed that they committed a crime that made them deportable.

Legal challenges to the law quickly ensued. The Supreme Court upheld the “show me your papers” part of the law and struck down the three other parts.

Perhaps most importantly, the majority ruling penned by Justice Anthony Kennedy reaffirmed the federal government’s authority over immigration matters. The five-justice bloc said that “federal power to determine immigration policy is well settled” and that its “authority rests, in part, on the National Government’s constitutional power to ‘establish an uniform Rule of Naturalization.’ ”

“The National Government has significant power to regulate immigration,” Kennedy wrote. “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law.”

Gilman said the court’s decision in Arizona is significant because Texas’ SB 4 essentially contains the concepts the court struck down in that case.

“The (Arizona) law that made a crime out of immigration status was struck down by the Supreme Court as being in conflict with federal authority to govern immigration enforcement,” she said. “And that’s a really significant part of what the Texas law has in place.”

Among the three justices who dissented in the 2012 case, two are still on the court: Justices Clarence Thomas and Samuel Alito. Justice Antonin Scalia died in 2016. (Justice Elena Kagan disqualified herself from the 2012 case.)

Jessica Bulman-Pozen, a professor at Columbia Law School who specializes in federalism, said the arguments pushed by Texas in defense of SB 4 hew most closely to the dissent penned by Scalia, which concluded that Arizona’s law was enacted in an effort to enforce federal immigration law “more effectively.”

“The court did not think that was right as a descriptive matter about what was happening in Arizona, and I think it’s even more clearly incorrect here with respect to Texas,” Bulman-Pozen said, referring to the majority’s rejection of Arizona’s argument that it was attempting to address the Obama administration’s alleged inaction on immigration issues.

“The idea that what (Texas is) doing is in fact vindicating some kind of congressional judgment or congressional law against an executive that’s not enforcing (those laws), I don’t think that that’s a fair description of what’s happening here,” she said.

Abbott cited the Scalia dissent when he signed the law.

“Remembering that Justice Scalia wrote a dissenting opinion in that case, pretty much laying out a pathway that he thought would be a legal way for a state to go about the process of enforcing immigration laws,” Abbott told CNN.

Oldham’s dissent

A considerable amount of daylight exists between the divided 5th Circuit panel that is weighing the legality of SB 4.

“Supreme Court authorities and the detailed statutory scheme governing who will be permitted to remain in the United States and removal procedures strongly indicate that Congress ‘occupies [the] entire field’ of unlawful entry and reentry of noncitizens as well as removal,” Chief Judge Priscilla Richman wrote in a decision that was joined by Circuit Judge Irma Carrillo Ramirez.

But Circuit Judge Andrew Oldham – a former Alito clerk – wrote in a lengthy dissent last week that he would have let Texas enforce the law while the legal challenges continue.

Oldham leaned into a more limited reading of the Supreme Court’s 2012 decision in Arizona, saying it “certainly does not suggest States may never supplement any federal immigration laws.”

He argued the Arizona decision leaves some room for parts of SB 4 to withstand scrutiny, particularly the policy that allows Texas judges to order immigrants to be deported.

“The Arizona Court did not hold – as plaintiffs seem to believe – that the State was preempted from the field of removal because of ‘some brooding federal interest’ like foreign policy or national security,” wrote Oldham, who was also previously general counsel to Abbott.

Texas’ attorneys have raised those same claims.

“Arizona did not find that state laws concerning entry and removal were field preempted, and nothing in Arizona precludes States from regulating entry and reentry or issuing return orders,” the attorneys wrote.

Whether those arguments have any salience before the nation’s highest court if the case comes before the justices is another question.

“To the extent the court revisited Arizona in this context, it would basically be making states authorities with respect to entry and removal in the immigration space. And that would be an extreme departure from precedent in our nation’s history,” Bulman-Pozen said. “It’d be quite shocking.”