AuthorTitleCitationTypeYearSummaryCase Status
  § 6:5.alienage-other State Legislation Government Discrimination: Equal Protection Law and Litigation § 6:5 (2020) Law Review Articles and Secondary Sources 2020 In alien discrimination cases not touching on matters of vital state interest, the Court imposes a more rigorous standard of review. Occasionally, early cases found a suspect classification requiring a compelling state interest to justify such actions as discriminatory property ownership rules; restricting the employment or liberty of aliens; alien...  
Carrie L. Rosenbaum Anti-democratic Immigration Law 97 Denver Law Review 797 (Summer, 2020) Law Review Articles and Secondary Sources 2020 [I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized...  
Trina Jones , Jessica L. Roberts Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law 120 Columbia Law Review 1929 (November, 2020) Law Review Articles and Secondary Sources 2020 Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use...  
DeVaughn Jones Judicial Racism and Judicial Antiracism: Retelling the Dred Scott Story 68 UCLA Law Review Discourse 338 (2020) Law Review Articles and Secondary Sources 2020 This Essay retells the Dred Scott story as a set of intersecting stories about judicial racism and judicial antiracism. Part I defines racism and antiracism, then discusses how racist and antiracist ideas are realized through government power. Next, this Essay visits one of the most prominent moments of judicial racial history: the story of Dred...  
Mark C. Weber Of Immigration, Public Charges, Disability Discrimination, And, of All Things, Hobby Lobby 52 Arizona State Law Journal 245 (Spring, 2020) Law Review Articles and Secondary Sources 2020 This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration's new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related...  
Michael D. Ramsey Originalism and Birthright Citizenship 109 Georgetown Law Journal 405 (December, 2020) Law Review Articles and Secondary Sources 2020 The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does...  
Robert L. Tsai Racial Purges 118 Michigan Law Review 1127 (April, 2020) Law Review Articles and Secondary Sources 2020 The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies...  
Michael H. LeRoy The President's Immigration Powers: Migratory Labor and Racial Animus 75 New York University Annual Survey of American Law 187 (2020) Law Review Articles and Secondary Sources 2020 Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting...  
Michael H. LeRoy The Unborn Citizen 108 Georgetown Law Journal Online 118 (2020) Law Review Articles and Secondary Sources 2020 In May of 2019, the Governor of Alabama signed House Bill 314 into law. The statue, entitled the Alabama Human Life Protection Act (the Act), makes abortion and attempted abortion felony offenses, except in cases in which the mother is at risk of serious health complications. This Article does not address the constitutional validity of the Act....  
Jin Niu Who Is an American Soldier? Military Service and Membership in the Polity 95 New York University Law Review 1475 (November, 2020) Law Review Articles and Secondary Sources 2020 The military is one of the most powerful institutions to define membership in the American polity. Throughout this country's history, noncitizens, immigrants, and outsiders have been called to serve in exchange for the privileges of citizenship and recognition. At its height, the idea that service constitutes citizenship--which this Note calls...  
David E. Pozen , Eric L. Talley , Julian Nyarko A Computational Analysis of Constitutional Polarization 105 Cornell Law Review 1 (December, 2019) Law Review Articles and Secondary Sources 2019 This Article is the first to use computational methods to investigate the ideological and partisan structure of constitutional discourse outside the courts. We apply a range of machine-learning and text-analysis techniques to a newly available data set comprising all remarks made on the U.S. House and Senate floors from 1873 to 2016, as well as a...  
Barry Sullivan Democratic Conditions 51 Loyola University Chicago Law Journal 555 (Winter 2019) Law Review Articles and Secondary Sources 2019 Two nations; between whom there is no intercourse and no sympathy; who are as ignorant of each other's habits, thoughts, and feelings, as if they were dwellers in different zones, or inhabitants of different planets; who are formed by a different breeding, are fed by a different food, are ordered by different manners, and are not governed by the...  
  Fitisemanu V. United States 426 F.Supp.3d 1155 (12/12/2019) Cases 2019 IMMIGRATION Citizenship. Residents of Utah born in American Samoa were citizens of United States by virtue of Fourteenth Amendment's citizenship clause. The case has been appealed to the U.S. Court of Appeals or the U.S. Supreme Court.
Gillian R. Chadwick Legitimating the Transnational Family 42 Harvard Journal of Law & Gender 257 (Summer, 2019) Law Review Articles and Secondary Sources 2019 Legitimation represents a widening chasm at the intersection of immigration and family law. Agencies' and courts' persistent misguided reliance on biology as a paramount dispositive factor in determining who qualifies as a family for the purposes of immigration and nationality is increasingly at odds with family law's growing aspiration of a...  
Peggy Cooper Davis Post-colonial Constitutionalism 44 New York University Review of Law and Social Change 1 (2019) Law Review Articles and Secondary Sources 2019 This Article is drawn from remarks delivered by Professor Peggy Cooper Davis at the inaugural Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System, held on January 23, 2019. For a full transcript of Professor Cooper Davis' remarks, see Appendix at the end of this issue. I. Introduction. 1 II. In what sense are we a post-colonial...  
Cori Alonso-Yoder Publicly Charged: a Critical Examination of Immigrant Public Benefit Restrictions 97 Denver Law Review 1 (Fall, 2019) Law Review Articles and Secondary Sources 2019 Since the early days of the Trump Administration, reports of the President's controversial and dramatic immigration policies have dominated the news. Yet, despite the intensity of this coverage, an immigration policy with far broader implications for millions of immigrants and their U.S.-citizen family members has dodged the same media glare. By...  
Leslie F. Goldstein Technologies of Travel, "Birth Tourism," and Birthright Citizenship 79 Maryland Law Review 177 (2019) Law Review Articles and Secondary Sources 2019 This Essay addresses whether birth tourism, which has been facilitated by modern travel, advertising, and financing technologies to a degree not imaginable in the mid-nineteenth century, should be viewed as outside the reach of the Fourteenth Amendment's grant of birthright citizenship. The argument will proceed by first analyzing the history of...  
Michael H. LeRoy The Labor Origins of Birthright Citizenship 37 Hofstra Labor and Employment Law Journal 39 (Fall, 2019) Law Review Articles and Secondary Sources 2019 I. Introduction. 42 A. Historical Context. 42 B. Overview of Legal Evolution of Birthright Citizenship. 44 II. Birthright Citizenship: The Fallacy of Majority Consent. 47 A. Citizenship without Consent: A Veil for Racial Consent. 47 B. The Fallacy of Racial Consent:Immigration and Labor in American Colonies. 52 III. Roman and Universal Citizenship:...  
Caroline Holliday U.s. Citizens Detained and Deported? A Test of the Great Writ's Reach in Protecting Due Process Rights in Removal Proceedings 60 Boston College Law Review E-Supplement II.-217 (4/1/2019) Law Review Articles and Secondary Sources 2019 Abstract: Every year, the U.S. government unlawfully detains a significant number of U.S. citizens and places them in immigration removal proceedings. Before the United States Court of Appeals for the Tenth Circuit's 2018 decision in Gonzalez-Alarcon v. Macias, four circuits had held that an individual in removal proceedings with a valid claim to...  
  Brief of Appellant United States Court of Appeals, Fifth Circuit. (April 2, 2018) Briefs 2018 FN1. Dorothy Roberts AFSA, an Assault on Family Preservation The filing party hereby declares as follows: There is no such corporation, publicly held corporation or private, not a party to...  
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