When the Cure is Worse than the Disease

The dirty little secret of the juvenile delinquency system—or what its apologists insist on calling the juvenile “justice” system—is not actually particularly secret. In study after study, independent researchers arrive at the same, discomfiting conclusion: the delinquency system fails at its core function of preventing youth who have committed crimes from doing it again. This sobering conclusion is one that bears repeating—the very system tasked with rehabilitating our youth is actually doing exactly the opposite. […]

The Troubling Alliance Between Feminism and Policing

[…] Recently, White women have placed their bodies between riot officers and Blacks Lives Matter protesters, capitalizing on their privileged position with police. But once the protests end, it is likely fearful women will continue to reflexively call the cops, and police departments will continue to tout their role as women’s protectors. The time to end the feminist-police alliance is now.

COVID-19, Compassionate Release, and the Harms of the Criminal Legal System

The COVID-specific resentencing found under compassionate release offers a unique opportunity for humanizing a defendant. It is important to recognize, however, that humanizing defendants in a dehumanizing system will never solve pervasive structural problems like anti-Black racism, mandatory minimums, society’s refusal to examine prisons, or the global pandemic. […]

Reforming Law Enforcement Labor Relations

As law professors and legal professionals, we felt compelled to respond to the current moment by bringing our collective experience in labor and civil rights law to bear on urgently needed reforms in policing. We formed a study group to consider possible changes to law enforcement labor relations with the goal of proposing politically feasible reforms that could be quickly implemented and would meaningfully address some of the grave problems in policing. […]

Sikhs in America: “Perpetually Foreign, Automatically Suspect, and Potentially Terrorist”

This essay examines two points in American history during which the United States effectively perceived Sikhs as terrorists even while they sought freedom from oppressive regimes, first British and then Indian. Although Sikh immigrants resided on U.S. soil, the United States’ alliances with the colonizing British government and the successor Indian government contributed to the criminalization of Sikh immigrants who were involved in political struggles against those entities. This history reveals how Sikhs have been caught in the nexus of criminal law and immigration law for over a century. Awareness of this history, in turn, allows us to contextualize the current immigration issues facing Sikhs within the broader landscape of Sikh American subjugation. […]

Law Schools Have A Moral and Social Responsibility to End Systemic Racism

This blog post will describe how law schools are pipelines for government positions in America, while also being institutions that have engaged in discriminatory practices. I conclude by providing seven actions that law schools can take to work towards remedying a history of discrimination and ensuring that the legal profession reflects the diversity of our society. […]

Public Charge: The Beginning of the End for Nationwide Injunctions?

Immigrants would disenroll from Medicaid and federal housing assistance programs for fear that use of public benefits would weigh against them should they apply for a change in immigration status. This, in turn, would result in greater use of city and county health services and greater housing insecurity risking homelessness. Given these deleterious consequences, if the public charge rule—as multiple federal courts have found —appears to violate the Constitution, APA, and federal immigration laws, why shouldn’t it be enjoined uniformly nationwide? In this essay, I argue that it should, because nationwide injunctions are both a permissible exercise of judicial discretion and a desirable check on executive agencies. […]

An Equal Protection Defense of SB 826

Introduction On September 30, 2018, Governor Jerry Brown approved Senate Bill 826 (SB 826), requiring female representation on California-based companies’ corporate boards. SB 826 is the mandatory version of Senate Concurrent Resolution 62, which in September 2013 urged California companies to increase female representation on their boards to between one and three women, depending on […]