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Consumer Financial Protection Law as Poverty Law
Consumer financial protection law is critically important for the members of our society with the fewest resources. Violations of consumer protection laws disproportionately impact people who are struggling, and people are often taken advantage of when they are vulnerable. Focusing on recent work by the Consumer Financial Protection Bureau (CFPB), this speech by Seth Frotman, former CFPB General Counsel and Senior Advisor to the CFPB Director, examines how the CFPB has used consumer financial protection law to combat practices that take advantage of the vulnerable and discriminate against them.
U.S. Immigration Enforcement Data: A Short Guide
Administrative datasets on immigration enforcement—the government’s own records of immigration arrests, detentions, and deportations—are increasingly central to immigration journalism, research, and litigation. Access to individual-level data (i.e. data including a row for each person or action) from Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Executive Office for Immigration Review (EOIR), has made this trend possible.
Parenting as a Crime
Gun violence is the leading cause of death for children in this country. This stunning and horrifying fact angers us. The United States also has the highest number of school shootings of any developed nation. This is particularly upsetting since school is supposed to be a safe haven for children: a place to learn, play, and discover who they are and who they want to be. Our hearts ache for the parents who have lost their children or whose children have been traumatized by a shooting. We live in fear that our children’s school will be next.
Insurrection and Black Political Participation
The Reconstruction Congress envisioned a comprehensive set of rights and structural protections in the Fourteenth Amendment to establish and preserve a multiracial democracy. The Fourteenth Amendment’s third section, the Insurrection Clause, may seldom have been enforced in recent memory, but it remains a vital part of the Amendment’s framework. In Trump v. Anderson, the Supreme Court was given a choice to either enforce the Insurrection Clause’s protection of Black political participation or condone insurrection. In keeping with its long tradition of anti-Black jurisprudence, the Court chose the latter.
The Rehabilitation Act at Fifty
A few years ago, I published, in this journal, an article on the thirtieth birthday of the Americans with Disability Act. That article, The Americans with Disabilities Act at Thirty, 11 CALIF. L. REV. ONLINE 308 (2020), has seen a great deal of success over the past three years. Inspired by that essay, this article celebrates the fiftieth anniversary of another very important disability rights law—the forerunner of the Americans with Disabilities Act—the Rehabilitation Act of 1973 (RA).
Race and the New School Milk Requirements
In July 2022, transitional U.S. Department of Agriculture (USDA) requirements for milk in school meals went into effect. These requirements further ensconce milk as a nutritional cornerstone of the USDA’s school breakfast and lunch programs, with milk serving as a key source of calcium, vitamin D, potassium, and calories for children.
“Entitled to Our Land”: The Settler Colonial Origins of the University of California
Many may recognize the “land grant” moniker that several dozen U.S. universities like the University of California carry, but what many do not realize is that the land “granted” to fund these universities was land that the federal government had recently expropriated from Native Nations through violent seizures and coercive treaties.
Federalizing the Hate Crimes Frame
Public debate over the U.S. legal response to White supremacist violence is on constant simmer, bound to boil over whenever an attack draws national attention. In recent years, that’s happened often. Like in 2015, when a White nationalist gunman killed nine worshippers at a Black church in Charleston, South Carolina. And in 2019, when a White man who decried the “Hispanic invasion of…
Trans Medical Care in Prisons, COVID-19, and the Eighth Amendment’s Uncertain Future
In 2019 and 2020, the Supreme Court denied two petitions for certiorari concerning the provision of gender confirmation surgery to incarcerated individuals. These denials solidified a circuit split over whether a prison must provide gender confirmation surgery to incarcerated people…
Fractured Families: LGBTQ People and the Family Regulation System
In February 2022, the Texas Governor and the Texas Attorney General declared that parents who provide gender-affirming care to their children should be investigated for child abuse. These declarations expressly authorize the surveillance of, intervention in, and possible destruction of LGBTQ families…
A Brief Reflection on the Doctrinal Entrenchment of Inequality
In spring 2020, many parents of children in California schools closed during the global pandemic had had enough. A group filed a lawsuit challenging the executive orders requiring compliance with state public health directives that in turn mandated the shuttering of schools…
Hindsight’s 2020
Throughout the coronavirus pandemic, strong executives emerged in the President and the country’s many Governors. While the situation required extraordinary measures, expanding executive powers evidence a worrying trend of unchecked, unilateral power…
Environmental Justice and the Tragedy of the Commons
In The Tragedy of the Commons, Garrett Hardin argues that those who can use a resource for free consume more of it than they would if they had to pay for it. Public resources eventually collapse because people overuse them…
Eyes Wide Shut: Using Accreditation Regulation to Address the “Pass-the-Harasser” Problem in Higher Education
The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when…
A Pathway to Health Care Citizenship for DACA Beneficiaries
Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on the outside looking in. Although other…
The Discounted Labor of BIPOC Students and Faculty
Black Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing…
Homegrown Discrimination
When foreign labor recruiters, acting on foreign soil as agents of domestic growers, intentionally prefer young, non-disabled men as temporary agricultural workers in the United States, federal antidiscrimination law traditionally has offered no recourse because of the presumption against extraterritorial application of domestic statutes. Accordingly, prospective migrant workers face discrimination abroad by American employers’ agents…
The Original Meaning of “Full and Equal Enjoyment” of Public Accommodations
This article is a reply to Professor Suja Thomas’s article “The Customer Caste: Legal Discrimination by Public Businesses.” This reply adds another compelling piece of evidence to Professor Thomas’s thesis by arguing that the federal courts have defied the original meaning of Title II’s central guarantee of “full and equal enjoyment” of public accommodations. That…
Sex Discrimination in Healthcare: Section 1557 and LGBTQ Rights
HHS under the Trump administration finalized a new rule in June 2020 that officially stripped sexual orientation and gender identity from Section 1557’s safeguards. Whether the position taken by the Trump administration can stand is now the subject of several legal challenges, particularly in light of the recent Supreme Court decision Bostock v. Clayton Co., which held that sexual orientation…
Unjustified Punishment: The Eighth Amendment and Death Sentences in States that Fail to Execute
Individuals incarcerated in states that have enacted death penalty moratoria do not have their death sentences carried out in a timely and expeditious manner; instead, these incarcerated individuals sit on death row until they are either exonerated or die of natural causes. Individuals on death row in these states sit on death row for over two decades on average. This Article argues that capital…