Statement in Solidarity with Columbia Law Review and Rabea Eghbariah

We, the 2024-2025 CUNY Law Review Editorial Board, stand in solidarity with the Editorial Board of the Columbia Law Review, in their publication of novel legal scholarship by Palestinian lawyer, Rabea Eghbariah. Eghbariah’s article, Toward Nakba as a Legal Concept, offers a legal analysis of “Nakba” and directly addresses the horrific history of the Nakba and the plight of the Palestinian people. We commend the student editors at Columbia for their editing and publication of a work that centers the Palestinian experience and the violence Palestinians have suffered under Zionist colonization.The article importantly speaks to the genocide that has been unfolding before our very eyes.

Given CUNY Law Review’s explicit social justice mission, it is our moral obligation to stand in solidarity with oppressed people and speak up when efforts to bring visibility to that oppression are met with censorship. Legal scholarship has historically silenced the most vulnerable and marginalized people. Censoring writers like Eghbariah is reflective of that system of oppression. We condemn the actions of Columbia Law Review’s Board of Directors in censoring and silencing the Editorial Board and Eghbariah.We also condemn the Board of Directors’ disclaimer statement and support the strike of their student editors. Shutting down the website in response to the publication of Eghbariah’s article was not only contrary to principles of academic freedom and free speech, but also contributes to the erasure of Palestinian voices amidst the genocide of their people and destruction of their land. 

Censorship is a hallmark of oppression and cowardice, and it will not stifle the movement for Palestinian liberation. We acknowledge the courage of Columbia Law Review as we move forward and continue our mission of centering voices which propel social justice. Palestinian voices matter and have the right to be published. 
Please read the article here.

Volume 26.1

We are excited to publish Volume 26.1. The full journal is available at CUNY Academic Works. Please see below for individual articles:

Front Matter

Articles

Extradition in Post-Roe America

Alejandra L. Caraballo, Cynthia Conti-Cook, Yveka Pierre, Michelle McGrath, Hillary Aarons

High Risk Hustling: Payment Processors Sexual Proxies and Discrimination by Design

Zahra Stardust, Danielle Blunt, Gabriella Garcia, Lorelei Lee, Kate D’Adamo, Rachel Kuo

Notes

Comments

Public Interest Practitioner Section

Register Now for the CUNY Law Review Symposium on Bodily Autonomy

Join us on April 1, 2023, for the CUNY Law Review Symposium, More Than Just a Pipe Dream: Re-imagining Bodily Autonomy. This is a CLE-certified event exploring the recent legal developments in reproductive health care and legislation adversely affecting transgender communities, and discussing what legal advocates should do. Registration is now open.

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Constructing Immorality: Abortion and Family Policing

Jasmine Wali

When Roe v. Wade was overturned, advocates across the political spectrum declared that the foster care system would be overwhelmed by an influx of “unwanted” children. Adoption became a central talking point. Anti-abortion proponents stated that adoption was a solution for these families, and that foster and adoption systems needed to be strengthened. Supporters of reproductive choice pointed out the seeming hypocrisy of the “pro-life” movement by highlighting all the children awaiting adoption in foster care.

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Roe Is Gone. What Happens for Trans Men?

Elias Fox Bova Schmidt

When the Dobbs v. Jackson Women’s Health Organization decision was leaked on May 2, 2022, I was sitting at my desk, studying for my final exam in my last semester of law school. I had just accepted a fellowship at a reproductive justice organization but I knew that, as a trans man, I was somewhat out of place. I had already felt the hesitancy from many within the reproductive rights landscape to acknowledge that, like cisgender women, trans men require safe and legal access to abortion. As soon as I got the Twitter notification about the leak, I knew that trans men would be among some of the first communities to be further erased in the reactions to the decision. 

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Black Migrants Need Us, Too

Florence Otaigbe

As an immigration attorney, I have worked with people from many different backgrounds. Anyone can be an immigrant. However, whenever I see mainstream advocacy and media regarding immigration, I rarely see Black migrants. According to the International Organization for Migration, migrant is defined in part as the following:

“An umbrella term, not defined under international law, reflecting the common lay understanding of a person who moves away from his or her place of usual residence, whether within a country or across an international border, temporarily or permanently, and for a variety of reasons.” 

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The Chaos and Uncertainty after Dobbs Is a Feature, Not a Bug

Amanda Allen

On June 24, 2022, the U.S. Supreme Court overruled a half century of precedent with its decision in Jackson Women’s Health Organization v. Dobbs. The Dobbs ruling eliminated the constitutional right to abortion and has had immediate, devastating impacts on the ground. One of the focuses of The Lawyering Project since Dobbs has been to advise abortion providers, abortion funds, and practical support organizations on the risks involved in continuing to provide care—and support patients accessing care—in this increasingly hostile environment. Our perspective on the catastrophic impacts of this ruling on the ground is based on our partnership with these groups.

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Volume 25.2

We are excited to publish Volume 25.2. The full journal is available at CUNY Academic Works. Please see below for individual articles:

Front Matter

Articles

Racist Animal Agriculture

Courtney G. Lee

Notes

Comments

Public Interest Practitioner Section

Regulatory Theater: How Investor-Owned Utilities and Captured Oversight Agencies Perpetuate Environmental Racism

Ruhan Nagra, Jeanne Bergman, & Jasmine Graham

Footnote Forum

Cruel and Usual: Contaminated Water in New York State Prisons

Shannon Haupt & Phil Miller

Footnote Forum Podcast

Cruel and Usual

Michael Maskin, Shannon Haupt, Jennifer Grossman, Panagioti Tsolkas, Phil Miller, & Ramon Henriquez

Whistling Dixie

Peggy Cooper Davis, Aderson Francois, and Colin Starger

Content warning: this article quotes a decision that includes the n-word1.

Dixie is a song with a complicated history. Versions of it were sung by both Confederate and Union troops during the Civil War. Historian Karen Cox carefully documented the song’s lingering popularity and its mixed social and racial signaling in Dreaming of Dixie. Over the years – and for reasons that are not entirely clear – “just whistling Dixie,” a slang expression based on the song, came to stand for bravado without follow-through. A seemingly overblown statement might cause listeners to wonder whether the speaker was speaking truth or “just whistling Dixie.” A threat might cause listeners to wonder whether the speaker was actually dangerous or “just whistling Dixie.”

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After Dobbs, Are Rights for Zygotes, Embryos, and Fetuses Next?

By Cynthia Soohoo

Justice Alito’s decision overturning Roe v. Wade and Planned Parenthood v. Casey marks a watershed shift in the way that the country treats people who are pregnant versus an “unborn life.” By stripping constitutional protection from the decision to have an abortion, Dobbs v. Jackson Women’s Health Organization equates pregnant people’s right to control their bodies and the state’s interest in protecting prenatal life.

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