Cori Alonso-Yoder, a Practitioner-in-Residence in the Immigrant Justice Clinic at American University Washington College of Law, recently published a response to Nielsen v. Preap on the George Washington Law Review’s On the Docket scholarly forum. The holding in Preap, which the U.S. Supreme Court decided on March 19, 2019, permits DHS to take lawfully present noncitizens into “mandatory” immigration detention months or even years after they have completed their criminal sentencing and paid their debts to society. The decision is notable because the majority uses a very formal application of grammar rules to decide the meaning of the Immigration & Nationality Act, without addressing the constitutional implications of the resulting detention practice. Prof. Alonso-Yoder observes that Justice Breyer’s dissent more realistically frames the potentially unconstitutional result of the majority’s decision, given the already severely limited options for release from detention for most noncitizens.
International Law Sudan's New Ruler is No Democrat - and He Has Darfur to Answer for Rebecca Hamilton April 12, 2019 Immigration Law Defining "the": In Nielsen v. Preap the Court Relies on Language Arts to Justify Detention of Immigrants Cori Alonso-Yoder April 1, 2019 Constitutional Law Trump's Travel Ban Faces Fresh Legal Jeopardy Robert L. Tsai March 27, 2019 International Law Sudan's Unlawful State of Emergency Rebecca Hamilton March 5, 2019 Criminal Law A Deadly Pair: Conflicts of Interest Between Death Investigators and Prosecutors Ira P. Robbins February 21, 2019 Environmental Law A Pattern of Ruling Against Mother Nature: Wildlife Species Cases Decided by Justice Kavanaugh on the DC Circuit William J. Snape, III February 12, 2019 Constitutional Law How Activists Resisted - and Ultimately Overturned - An Unjust Supreme Court Decision Robert L. Tsai January 31, 2019 International & Comparative Law The Hidden Danger of User-Generated Evidence for International Criminal Justice Rebecca Hamilton January 24, 2019 Intellectual Property Law Innovation and Tradition: A Survey of Intellectual Property and Technology Legal Clinics Victoria F. Phillips January 8, 2019 Law & Government Thankfully, We're Getting More Native Americans Reps in Congress this January Ezra Rosser December 10, 2018 Gender & the Law Open Letter to Federal Bureau of Prisoners on Changes to Transgender Offender Manual Brenda V. Smith November 21, 2018 Sports & Entertainment Law In Search of the Final Head Ball: The Case for Eliminating Heading from Soccer N. Jeremi Duru November 8, 2018 Public Interest Law Perspective: California Takes Important Step to Decriminalize Microenterprise Joseph Pileri October 30, 2018 Human Rights Human Rights Protections in International Supply Chains - Protecting Workers and Managing Company Risk David Snyder October 16, 2018 Criminal Law Guns N' Ganja: How Federalism Criminalizes the Lawful Use of Marijuana Ira Robbins October 1, 2018 Law & Government Kavanaugh and the 'Boys Will Be Boys' Sentiment is a Poor Excuse for Bad Behavior Ezra Rosser September 18, 2018 Environmental Law Trump's EPA Is Poisoning Our Children Herman Schwartz August 21, 2018 Criminal Law How Criminal Justice Reformers Should Confront Justice Kennedy's Retirement Angela J. Davis August 6, 2018 Immigration Law Trump v. Hawaii: Bait and Switch – The Supreme Court's Travel Ban Decision and Korematsu Anita Sinha July 16, 2018 Human Rights & Humanitarian Law Messing with International Human Rights Institutions Center for Human Rights & Humanitarian Law July 11, 2018 Public Interest Law The Trump Administration Doesn't Really Care about Poverty Ezra Rosser June 25, 2018 International Law International Law and Reparations: The Inter-American System Claudio Grossman May 24, 2018 Legal Language 'And/Or' and the Proper Use of Legal Language Ira P. Robbins May 7, 2018 Sports & Entertainment Law Tik Tok: Time to Eradicate Sexual Assault in the Music Industry through the Implied Covenant of Good Faith and Fair Dealing Chanel Chasanov, JD '18 May 1, 2018 Immigration Law Sessions v. Dimaya: Refusing to Leave "judges to their intuitions and the people to their fate," Gorsuch Positions Himself as Scalia's Jurisprudential Heir in Deportation Case Cori Alonso-Yoder May 1, 2018 Human Rights & Humanitarian Law A Venezuelan Refugee Crisis Jenna Ruddock, JD '20 May 1, 2018 Public Interest Law Pulling from a Dated Playbook: President Trump's Executive Order on Poverty Ezra Rosser April 20, 2018 Environmental Law Unlearned Lessons from the "Toxic Soup": Floods, Industrialization, and Missed Opportunities Elena Franco, JD '18 April 20, 2018 Gender & the Law Gender Perspectives on Torture: Law and Practice Center for Human Rights and Humanitarian Law April 13, 2018 Human Rights & Humanitarian Law Paying Attention to Land Rights in Syria Negotiations Deyaa Alrwishdi and Rebecca Hamilton April 12, 2018 Immigration Law Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts National Immigrant Women’s Advocacy Project April 11, 2018 Human Rights & Humanitarian Law Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia Diane Orentlicher April 9, 2018 Washington College of Law Remembering Dr. King: Now is the Time to Strengthen the Mantle of Civic Engagement and Civil Discourse and Forge Ahead Kendra Brown April 4, 2018 Law & Government Mastering the DC Rental Market - Taking Lessons from Scott Pruitt's $50 per Night Rental Deal Ezra Rosser April 3, 2018 Intellectual Property Law Miles to Go Before We Sleep Jonathan Stroud March 22, 2018 Immigration Law Jennings v. Rodriguez: Against the Backdrop of Executive Enforcement and Legislative Inaction, the Court Revisits the Issue of Prolonged Immigration Detention Cori Alonso-Yoder March 14, 2018 Gender & the Law The Trans Athlete Dilemma: A Constitutional Analysis of High School Transgender Student-Athlete Policies Michael J. Lenzi March 12, 2018 Intellectual Property Law Comments to the Mexican Senate on Copyright Provisions in the NAFTA Renegotiation Sean Flynn March 5, 2018 Criminal Law My Testimony on "Pervasive Problem of Sexual Abuse against Women in Prison & Best Practices for Prevention and Reporting within the Prison Setting" Brenda V. Smith February 27, 2018 Public Interest Law Trump's All-Out War on the Poor Ezra Rosser February 23, 2018 Trade & Investment Paradigm Lost? U.S. Trade Policy as an Instrument of Foreign Policy Alan Wm. Wolff, Deputy Director General of World Trade Organization February 8, 2018 Legal Education The Key to Law Student Well-Being? We Have to Love Our Law Students David B. Jaffe February 6, 2018 Administrative Law Meme-ocracy and Prison Rape: How Our Slogan-Based Politics Destroys Reality-Based Government Roderick Hills, NYU School of Law January 19, 2018 Diversity and Inclusion Global Diversity: The Key to Success of an American University An open letter to international students and alumni in light of recent events | Professor Padideh Ala’i January 18, 2018 Immigration Law An Apology to My Son's Salvadorian Caretaker Ezra Rosser January 10, 2018 Gender & the Law No, Naming and Shaming Sexual Offenders Doesn't Always Help Rebecca Hamilton January 8, 2018 International & Comparative Law Hate Speech Is not Free Speech for Europe Flaka Pollozhani, International Visiting Scholar December 14, 2017 Public Interest Law The Previously Unrecognized Costs of Booze, Women, and Movies Thank you Sen. Grassley for explaining why people are not rich | Ezra Rosser December 7, 2017 Law & Government The Role and Impact of Nationwide Injunctions by District Courts Amanda Frost December 5, 2017 International & Comparative Law Inform to Reform: Using Comparative Law to Make Change Fernanda Nicola November 26, 2017 Public Interest Law Pushing Back Against the Criminalization of Poverty Ezra Rosser November 25, 2017 Constitutional Law Academic Highlight: Vázquez and Vladeck on the Constitutional Right to Post-Conviction Review Amanda Frost November 15, 2017 International & Comparative Law The Season of Self-Determination: An Analysis of Catalonia's Independence Referendum Paul Williams & Margaux J. Day November 13, 2017 Arbitration & Dispute Resolution State Succession and BITs: Challenges for Investment Arbitration Raúl Pereira Fleury, LL.M. ’15 November 13, 2017 Human Rights & Humanitarian Law Implementation of Alternative Measures for Women in Venezuelan Prisons Based on the Bangkok Rules Maria Corina Muskus Toro, LL.M. '16 November 7, 2017 Human Rights & Humanitarian Law The Prohibition of Torture: An Introductory Guide Center for Human Rights & Humanitarian Law November 3, 2017 Constitutional Law Encouraging Constitutional Literacy in Youth Lisa M. Curtis, Associate Director of the Marshall-Brennan Constitutional Literacy Project October 25, 2017 Intellectual Property, Technology & Cyber There's No Good Decision in the Next Big Data Privacy Case Jennifer Daskal October 18, 2017 Intellectual Property, Technology & Cyber Protecting a Free and Open Internet: My Testimony Before the House Commerce Committee Professor Jennifer Daskal October 12, 2017 Administrative Law President Trump's "Two-for-One" Executive Order (12,771), Requiring Agencies to Repeal Two Regulations for Every New One, Raises Many Questions Jeffrey Lubbers October 6, 2017 Immigration Law Hope for Some 'Dreamers' Despite Trump Move to End DACA Professor Amanda Frost September 7, 2017 Constitutional Law The Troubling Sheriffs' Movement that Joe Arpaio Supports Robert L. Tsai September 1, 2017 Public Interest Law The Republican Party Is a Threat to School Lunches for Hungry Kids Ezra Rosser August 25, 2017 Human Rights & Humanitarian Law Continued Crackdown on Ethnic Minorities After the Regime Change in Burma Ericha Penzien, JD '19 April 18, 2017