Supreme Court Watch: A Preview of the 2021-2022 Term

CUNY Law Review presents Supreme Court Watch: A Preview of the 2021-2022 Term.

The Supreme Court returned on Monday, October 4th, for its 2021-2022 term and the justices will hear cases on a number of important issues, including, but not limited to: abortion, due process, ineffective assistance of counsel, jury selection, venue selection, free speech, and equal protection.

Please join our panelists for a thoughtful discussion about the previous term and what is likely to unfold in the next Supreme Court term.

Panelists:
Professor Frank Deale
Professor Ramzi Kassem
Professor Stephen Loffredo
Professor Seann Riley
Professor Cynthia Soohoo
Moderated by Mitchell Mirtil, CUNY Law Review‘s Community Engagement Editor

Supreme Court Watch: A Preview of the 2021-2022 Term

The Supreme Court returns on Monday, October 4th, for its 2021-2022 term and the justices will hear cases on a number of important issues, including, but not limited to: abortion, due process, ineffective assistance of counsel, jury selection, venue selection, free speech, and equal protection. Please join our panelists for a thoughtful discussion about the previous term and what is likely to unfold in the next Supreme Court term.

Panelists
Professor Frank Deale 
Professor Ramzi Kassem 
Professor Stephen Loffredo 
Professor Seann Riley 
Professor Cynthia Soohoo
Moderated by Mitchell Mirtil, CUNY LawReview‘s Community Engagement Editor

When: Wednesday, September 29, 2021 from 5:30PM to 6:30PM 
Where: Zoom
Please register to attend this event: 
https://us02web.zoom.us/webinar/register/WN__C81IngtTrek8krMvJwLzQ

Volume 24.2

We are excited to publish Volume 24.2. The full journal is available at CUNY Academic Works. Please see below for individual articles:

Articles
Voting Rights Lawyering in Crisis by Emily Rong Zhang

Notes and Comments
Trans Adults Deserve a Right to Sue for Gender-Affirming Care Denied at Youth by Eliza Chung

Public Interest Practitioners Section (PIPS)
Paradox and Possibility: Movement Lawyering During the COVID-19 Housing Crisis by Marika Dias

Footnote Forum
Reviving the Civic Body: Campaign for Suffrage Inside Prisons, Felony Enfranchisement in D.C., and Lawyering for Abolition by Uruj Sheikh

Footnote Forum Podcast
Freedom Should Be Free: An Interview with The Bail Project by Rachel Goldman, Megan Diebboll, and Asia Johnson
Listen to the audio recording here

CUNY Law Review Blog

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Call for Submissions – Volume 25.2

Environmental Justice

CUNY Law Review (CUNYLR) invites submissions on the topic of environmental justice (EJ) for publication in Volume 25, Issue 2. Priority will be given to pieces that incorporate an intersectional analysis of environmental justice with anti-Black racism, heteropatriarchy, classism, colonialism, ableism, and other systems of oppression. 

We seek articles, essays, and other submissions that address unresolved problems and emerging environmental justice issues, including, but not limited to:

  • White supremacy in property law and urban planning,
  • Climate change and its impact on marginalized communities, migration, and disaster response,
  • Limitations and consequences of neoliberal “colorblind” reforms to environmental injustice,
  • Reparations for environmental racism, 
  • EJ in the context of U.S. settler-colonialism and Indigenous sovereignty,
  • Economic justice,
  • Analysis of recent litigation, legislation, or regulation to address environmental racism, and
  • Lessons from campaigns to address environmental injustice led by frontline communities.

For consideration in Volume 25.2 of the CUNY Law Review, contributors are strongly encouraged to submit a manuscript or an abstract by October 15, 2021 to cunylr@law.cuny.edu.

Final decisions on all submissions will be made on a rolling basis. For more information, see our Eligibility and Submissions Guidelines below.

Selected authors will be invited to speak at CUNY Law Review’s annual Symposium in April 2022.  

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Volume 24.1

We are excited to publish Volume 24.1, see below for specific articles:
Introduction: Editors’ Note

Articles
Marginalizing Mothers: Child Maltreatment Registries, Statutory Schemes, And Reduced Opportunities For Employment by Colleen Henry and Vicki Lens

Public Interest Practitioners Section (PIPS)
The Court Of Appeals Should Abandon The Corroboration Rule Governing The Admissibility Of Expert-Identification Testimony by Matthew Bova
Movement Lawyering During A Crisis: How The Legal System Exploits The Labor Of Activists And Undermines Movements by Tifanei Ressl-Moyer, Pilar Gonzalez Morales, and Jaqueline Aranda Osorno

Notes and Comments
How The Fallout From Post-9/11 Surveillance Programs Can Inform Privacy Protections For Covid-19 Contact Tracing Programs by Emma Mendelson

Footnote Forum
Lawyering In The Wake: Theorizing The Practice Of Law In The Midst Of Anti-Black Catastrophe by James Stevenson Ramsey
Coronavirus Aid, Relief, And Economic Security For Whom? IRS Overreaches In Denying Cares Act Economic Impact Payments To Migrant Workers And Incarcerated Individuals by Justin Schwegel

CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY FOR WHOM? IRS OVERREACHES IN DENYING CARES ACT ECONOMIC IMPACT PAYMENTS TO MIGRANT WORKERS AND INCARCERATED INDIVIDUALS

CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY FOR WHOM? IRS OVERREACHES IN DENYING CARES ACT ECONOMIC IMPACT PAYMENTS TO MIGRANT WORKERS AND INCARCERATED INDIVIDUALS

By: Justin Schwegel

INTRODUCTION

 Individuals who received advance refunds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act met the eligibility criteria in their 2019 tax filings (or 2018 filings if they had not yet filed 2019 taxes).[1] Advance refunds are treated as a refund of an overpayment of 2018 or 2019 taxes.[2] Subsequent changes in tax filing status in 2020 do not retroactively make one ineligible for an advance refund.[3] On May 6, the IRS issued guidance on its Economic Impact Payment Information Center website instructing incarcerated individuals and certain resident aliens[4]that they should return the economic impact payments (also called advance refunds or stimulus payments) they received from the IRS.[5] This guidance is not legally binding for two distinct reasons. First, it was issued without conforming to the procedural requirements of the Administrative Procedure Act. Second, the guidance exceeded the IRS’s rulemaking authority because it contradicts unambiguous statutory language.

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Volume 23.2

We are excited to publish Volume 23.2, see below for specific articles:

Articles
Why Matter of Devera Matters: Universal Pre-K, Quality, Oversight, and the Need to Restore Public Values in New York Statutory Interpretation by Natalie Gomez-Velez

Notes and Comments Section
The Fight for NYCHA: RAD and the Erosion of Public Housing in New York by Kyle Giller
Ethical Mediation in an Unjust World: Claiming Bias and Negotiating Fairness by Jessica Halperin
The Impact of the #MeToo Movement on Defamation Claims Against Survivors by Shaina Weisbrot

Public Interest Practitioner’s Section
Permanently Residing Under Color of Law: A Practitioner’s Guide to an Ambiguous Doctrine by Steven Sacco and Sarika Saxena

Footnote Forum
Traumatized to Death: The Cumulative Effects of Serial Parole Denials by Richard Rivera

Footnote Forum Podcast
Interview with Dilley Delegation Staff
CUNY School of Law Dilley Delegation FOIA Request by CUNY Dilley Delegation

Dilley Delegation Staff Interview

Footnote Forum Podcast, a CUNY Law Review Production

Recommended Citation: Footnote Forum Podcast, ​Interview with Dilley Delegation Staff, 23 CUNY L. Rev. F. 40 (2020)

Click here to view a pdf version of this article

INTERVIEW WITH DILLEY DELEGATION STAFF

Part I

Reena Novotnak: You’re listening to Footnote Forum, a production of the law review at City University of New York School of Law. I’m your editor and host, Reena Novotnak, and I’m joined by our guests, two CUNY Law students.

Joanna Lopez: My name is Jo Lopez, I’m a 3L in the full-time program.

Jacklyn Mann: Hi everyone, I’m Jackie Mann, I’m also a 3L here.

Reena Novotnak: This year, on the podcast, we focused on the Freedom of Information Act and Freedom of Information Law, or FOIA and FOIL. Jo and Jackie joined us to talk about their experience with the Dilley Delegation, and the challenges and lack of transparency they faced when preparing their clients for asylum hearings. Right now, you’re listening to part one of two of this interview. In this episode, you’ll also hear the voices of two law review staffers: Maya Kouassi and Cesar Ruiz. But it’s Jo here who’ll start us off.

Joanna Lopez: The Dilley delegation was a year-long effort initiated by three students to bring together other CUNY Law students and law professors to be able to provide much-needed on-the-ground work in Dilley, Texas.[1] In a nutshell, we spent a week at the South Texas Family Residential Center and assisted mothers and their children as they prepared for their credible fear interviews. So, much of the work that was done that week was spending 12 to 14-hour days at the detention center and working with women, and listening to their stories, and finding a way to structure their experiences in a way that was palatable to an asylum officer so that they would receive a positive interview and move forward in the asylum process, and also be released from detention, which is a really crucial part of the work that we were doing.

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Dilley FOIA Request

CUNY SCHOOL OF LAW DILLEY DELEGATION
FOIA REQUEST

Recommended Citation: CUNY Dilley Delegation, FOIA Request, 23 CUNY L. Rev. F. 70 (2020)
Click here to view a pdf version of this article

TO: U.S. Citizenship & Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
FOIA Officer/Public Liaison: Jill Eggleston
Phone: 1-800-375-5283 (USCIS Contact Center)
Fax: 816-350-5785
E-mail: uscis.foia@uscis.dhs.gov

RE: FOIA REQUEST

Dear Ms. Eggleston,

This is a request under the Freedom of Information Act. We ask to be provided with all guidance and policy on providing notice for credible fear interviews for defensive asylum applicants in federal detention.

I.     Introduction

Fear is at the heart of an application for asylum.[1] Some asylum seekers fear abusive spouses, others fear ruthless gangs or interfaith violence.[2] Whatever the reason, that fear creates a moral imperative for the United States to give shelter, and it creates a defense enshrined in federal law.[3] Credible fear interviews (“CFI”) represent the first threshold towards asylum.[4]

Advocates on the ground report that immigrants in detention receive little to no notice for these interviews, which is a potential violation of the Fifth Amendment.[5] Without proper notice, asylum applicants cannot prepare to discuss what are often the most traumatizing moments of their lives. Therefore, we would like to know what federal policies exist for providing notice regarding CFIs, and what, if any, guidance exists for implementing that notice.

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