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Jenny-Brooke Condon's article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has undermined the Equal Protection rights of legal immigrants in the United States.

A little over a week ago, an equally divided Supreme Court left intact a lower court injunction barring the implementation of a major immigration initiative of the Obama administration. The program and litigation had proven to be controversial.

In RJR Nabisco, Inc. v. European Community, the Supreme Court applied the presumption against extraterritoriality to determine the geographic scope of the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO makes it illegal to use a pattern of racketeering activity in particular ways relating to enterprises. Racketeering activity consists of certain state and federal offenses generally known as predicates-money laundering, for example.

Faculty members at UC Davis School of Law publish truly unique scholarship that advances the legal profession. You can view their scholarly works via the Social Science Research Network (SSRN) Legal Scholarship Network. An archive can be found on this web page.

What follows here is the most recent collection of papers.

The 2015 Term of the Supreme Court just ended.  Next Term. the Supreme Court will review two potentially significant immigration cases.  Both implicate significant doctrinal issues of immigration law that have perplexed the courts for many years.  The Solicitor General sought review of adverse lower court decisions in both cases.

The cases are:

The Supreme Court did not decide United States v. Texas today.  It did grant certiorari in Jennings v. Rodriguez. (Download Jennings here.)

The issues in that case are 

I want to highlight a forthcoming article by Professor Anupam Chander: "The Racist Algorithm?" Michigan Law Review (2017 Forthcoming)

The Case Western Reserve Law Review published its symposium on the 20th anniversary of the Supreme Court's decision in Whren v. United States.

Our client Marianne Wilson Kuroda

In April, Curt Bradley and Jack Goldsmith wrote in The New York Times that the Justice Against State Sponsors of Terrorism Act (JASTA) then under consideration in the Senate - a bill that would make it easier for victims of the 9/11 terrorist attacks to sue Saudi Arabia - would violate international law and hinder United States' ability to claim sovereign immunity in other nations' courts.

Former California Supreme Court Justice and Professor Emeritus Cruz Reynoso penned an op-ed for PostEverything, a feature of The Washington Post. The piece is titled "I'm Mexican-American, and I was a judge. What Trump is doing is appalling." In it, Reynoso takes on remarks from presumed Republican presidential nominee Donald Trump, who wishes to disqualify U.S.

I recently joined PublicSquare.net for a debate on its program Scholars Mate. The topic was U.S. v. Texas, a major Supreme Court case involving immigration and executive power.

Here is the video. Thanks to PublicSquare.net for the opportunity!

Faculty members at UC Davis School of Law publish truly unique scholarship that advances the legal profession. You can view their scholarly works via the Social Science Research Network (SSRN) Legal Scholarship Network. An archive can be found on this web page.

What follows here is the most recent collection of papers:

In a recent speech, retired U.S. Supreme Court Justice John Paul Stevens discussed Professor Gabriel "Jack" Chin's paper Effective Assistance of Counsel and the Consequences of Guilty Pleas. 

The US Supreme Court heard oral arguments in Zubik v. Burwell on March 23, 2016, six years to the day the Affordable Care Act (ACA) became law. The petitioners, a group of religious organizations, have challenged the ACA's contraceptive coverage requirement.