AuthorTitleCitationSummaryYearKeyTerm
Hon. Ivan L. R. Lemelle AMENDING THE CONSTITUTION: IF NOT NOW, WHEN? 69 Loyola Law Review 367 (Spring, 2023) In recent years, the political and jurisprudential divide over issues such as the right to privacy (including abortion and gay marriage), the right to possess firearms, First Amendment protections, voting right protections, and so many other topics has increasingly become intensified. However, instead of these issues being decided by Congress, the... 2023  
Deanna Salem BIRTHRIGHT CITIZENSHIP AND THE PLIGHT OF AMERICAN SAMOA 56 UIC Law Review 783 (Winter 2023) I. Introduction. 783 II. Background. 784 A. The Union between the United States of America and American Samoa (1900-1904). 785 B. The Insular Cases (1900-1922). 786 1. The Territorial Incorporation Doctrine Applied. 788 2. Reid v. Covert and the Impractical and Anomalous Standard (1957). 789 C. American Samoa: The Only U.S. Territory without... 2023 Yes
Angela R. Remus CAUGHT BETWEEN SOVEREIGNS: FEDERAL AGENCIES, STATES, AND BIRTHRIGHT CITIZENS 34 Stanford Law and Policy Review 225 (2023) The Fourteenth Amendment enshrines a commitment to birthright citizenship that extends to almost anyone born in the United States. While the federal government is the arbiter of questions of citizenship, the states are indispensable partners: State-issued birth certificates have long been the preeminent form of proof of birthright citizenship.... 2023 Yes
Catherine Y. Kim CITIZENSHIP OUTSIDE THE COURTS 57 U.C. Davis Law Review 253 (November, 2023) The notion of citizenship lies at the core of our constitutional structure, determining possession of fundamental rights ranging from the rights to vote and hold public office to the right to enter and remain in the United States at all. Indeed, the entire constitutional project of self-governance rests on the premise of a defined group of We the... 2023  
Jason Buhi CITIZENSHIP, ASSIMILATION, AND THE INSULAR CASES: REVERSING THE TIDE OF CULTURAL PROTECTIONISM AT AMERICAN SAMOA 53 Seton Hall Law Review 779 (2023) Notwithstanding the gravity of American sovereignty, the people of American Samoa have maintained a distinctive way of life: the fa'a Samoa. This resiliency reflects that American Samoa is in many ways the most unique of the five U.S. territories, including the fact that its residents are the only Americans who do not automatically attain... 2023  
Amy McMeeking CITIZENSHIP, SELF-DETERMINATION, AND CULTURAL PRESERVATION IN AMERICAN SAMOA 70 UCLA Law Review 840 (September, 2023) Recent litigation about the Citizenship Clause's applicability in American Samoa exposes tensions between competing goals of inclusion, self-determination, and cultural preservation. The noncitizen national category and the Insular Cases are both legacies of a long tradition of racial exclusion in the United States, but their current significance... 2023  
Ming Hsu Chen COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP 44 Cardozo Law Review 945 (February, 2023) Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... 2023  
Janet M. Calvo CONCEPTS OF CITIZENSHIP IN THE CONTROVERSY ABOUT CONSTITUTIONAL CITIZENSHIP FOR PEOPLE BORN IN U.S. TERRITORIES 91 Fordham Law Review 1671 (April, 2023) Introduction. 1672 I. An Overview of Constitutional and Statutory U.S. Citizenship. 1674 II. The Statutory Status of National. 1675 III. Legal Status of American Samoa. 1676 IV. The Fitisemanu Decisions. 1678 A. The District Court's Opinion. 1678 B. The Tenth Circuit's Opinion. 1679 C. Judge Tymkovich's Concurrence. 1681 D. Judge Bacharach's... 2023  
Torey Dolan CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS 59 Idaho Law Review 47 (2023) American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... 2023  
Maggie Blackhawk FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM 137 Harvard Law Review 1 (November, 2023) C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... 2023  
Myisha S. Eatmon FROM THE "LEGAL CULTURE OF SLAVERY" TO BLACK LEGAL CULTURE: REIMAGINING THE IMPLICATIONS AND MEANINGS OF BLACK LITIGIOUSNESS IN SLAVERY AND FREEDOM 48 Law and Social Inquiry 1428 (November, 2023) De la Fuente, Alejandro, and Ariela J. Gross. Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana. New York: Cambridge University Press, 2020. Pp. xiv + 282. Edwards, Laura F. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South. Chapel Hill: University of... 2023  
Daisy J. Ramirez NO SOY DE AQUÍ, NI SOY DE ALLÁ: U.S. CITIZEN CHILDREN ARE PAYING THE PRICE FOR OUR NATION'S BROKEN IMMIGRATION SYSTEM 25 Scholar: St. Mary's Law Review on Race and Social Justice 369 (2023) Introduction - Jasmin's Story. 371 I. Historical Framework of our Nation's Immigration Acts. 380 A. The Immigration and Nationality Act of 1965. 381 B. Immigration Reform and Control Act of 1986. 383 C. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 386 II. Why are there so many U.S. Citizen Children with Undocumented... 2023  
Carliss N. Chatman TEACHING SLAVERY IN COMMERCIAL LAW 28 Michigan Journal of Race and Law 1 (Spring, 2023) Public status shapes private ordering. Personhood status, conferred or acknowledged by the state, determines whether one is a party to or the object of a contract. For much of our nation's history, the law deemed all persons of African descent to have a limited status, if given personhood at all. The property and partial personhood status of... 2023  
Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW 41 Law and History Review 1 (February, 2023) This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... 2023  
Matthew J. Lindsay THE RIGHT TO MIGRATE 27 Lewis & Clark Law Review 95 (2023) Since the late-19th century, the Supreme Court has insisted that the preservation of national sovereignty requires a constitutional chasm between immigration law and ordinary law. If the Court is to bridge that chasm, it must reimagine the longstanding premise of the federal immigration power that the presence of noncitizens in U.S. territory... 2023  
Gregory Ablavsky , W. Tanner Allread WE THE (NATIVE) PEOPLE?: HOW INDIGENOUS PEOPLES DEBATED THE U.S. CONSTITUTION 123 Columbia Law Review 243 (March, 2023) The Constitution was written in the name of the People of the United States. And yet, many of the nation's actual people were excluded from the document's drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities' roles as... 2023  
  § 6:5. Alienage-Other state legislation Government Discrimination: Equal Protection Law and Litigation § 6:5 (2022) 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... 2022  
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022  
Gage Raley COULD THE SUPREME COURT DEFY THE "LEGAL CONSENSUS" AND UPHOLD A TRUMP-LIKE EXECUTIVE ORDER ON BIRTHRIGHT CITIZENSHIP? 17 Charleston Law Review 95 (Fall, 2022) C1-2CONTENTS Introduction. 95 I. How the Court could Distinguish (or even discard) Wong Kim Ark and Plyler. 98 II. The Broad Principles of Birthright Citizenship. 103 III. Why the Basic Principle of Birthright Citizenship may not apply to children of illegal immigrants. 112 Conclusion. 116 2022 Yes
Burt Neuborne FEDERALISM AND THE "SECOND FOUNDING:" CONSTITUTIONAL STRUCTURE AS A "DOUBLE SECURITY" FOR "DISCRETE AND INSULAR" MINORITIES 77 New York University Annual Survey of American Law 59 (202) Constitutional Law courses are usually taught in two phases. The standard course opens with a review of the structural aspects of the Constitution - separation of powers, federalism, procedural due process, and the scope of judicial review - and then turns to the scope of substantive constitutional protection - religious freedom; free speech;... 2022  
Cassandra Burke Robertson , Irina D. Manta INTEGRAL CITIZENSHIP 100 Texas Law Review 1325 (June, 2022) Does the Constitution's promise of birthright citizenship to all born in the United States cover the United States Territories? Residents of the Territories have regularly sought judicial recognition of their equal birthright citizenship under the Fourteenth Amendment, most recently in some prominent cases reaching federal appellate courts. When... 2022 Yes
Anthony M. Ciolli TERRITORIAL PATERNALISM 40 Mississippi College Law Review 103 (2022) C1-2Table of Contents I. BACKGROUND. 104 II. TERRITORIAL SELF-GOVERNMENT AND POLITICAL POWER. 109 III. LIFE IN THE TERRITORIES. 113 IV. SHORT-TERM STRATEGIES TO EMPOWER THE TERRITORIES. 116 A. Representation in the Federal Judiciary. 119 B. Full Utilization of Territorial Government Powers. 125 C. Cooperation with State Governments and Other... 2022  
Amanda Frost "BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK 32 Yale Journal of Law & the Humanities 38 (Summer, 2021) In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... 2021 Yes
Amanda Frost "BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK 32 Yale Journal of Law & the Humanities 38 (Summer, 2021) In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... 2021 Yes
Eric C. Nystrom, David S. Tanenhaus "OUR MOST SACRED LEGAL COMMITMENTS": A DIGITAL EXPLORATION OF THE U.S. SUPREME COURT DEFINING WHO WE ARE AND HOW THEY SHOULD OPINE 89 University of Cincinnati Law Review 832 (2021) The whole part, the whole point, the whole function, the whole duty of the Supreme Court is to teach. To give reasons for what we do. You could learn a lot. On the other hand we teach by keeping the press out. We teach that we are judged by what we write. We don't go around giving press conferences how great my decision was or how bad the... 2021  
Angela Onwuachi-Willig, Anthony V. Alfieri (RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 130 Yale Law Journal 2052 (June, 2021) This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... 2021  
  § 40F:135. Complaint in district court-For declaratory and injunctive relief-To declare that Citizenship Clause of the Fourteenth Amendment to the United States Constitution applies to American Samoa [28 U.S.C.A. §§ 2201, 2202; U.S. Const. Amend. XIV, § 1 FEDPROF Federal Procedural Forms 40F:135 (2021) Certainly this question can admit of but one answer. It is the name given to our great republic, which is composed of States and territories. The District of Columbia, or the territory west of the Missouri, is not less within the United States than Maryland or Pennsylvania second section [i.e., the Apportionment Clause] refers to no persons... 2021  
  § 40F:135. Complaint in district court-For declaratory and injunctive relief-To declare that Citizenship Clause of the Fourteenth Amendment to the United States Constitution applies to American Samoa [28 U.S.C.A. §§ 2201, 2202; U.S. Const. Amend. XIV, § 1 FEDPROF Federal Procedural Forms 40F:135 (2021) Certainly this question can admit of but one answer. It is the name given to our great republic, which is composed of States and territories. The District of Columbia, or the territory west of the Missouri, is not less within the United States than Maryland or Pennsylvania second section [i.e., the Apportionment Clause] refers to no persons... 2021  
  § 6:5. Alienage-Other state legislation Government Discrimination: Equal Protection Law and Litigation § 6:5 (2021) 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... 2021  
  102.3 SUPREME COURT DECISIONS 8 Foreign Affairs Manual 102.3 (2021) a. The U.S. Supreme Court has considered the issues of acquisition and retention of U.S. citizenship on various occasions. They include: (1) Decisions on the extent of birthright citizenship before and after the ratification of the Fourteenth Amendment; (2) Decisions interpreting statutory provisions granting citizenship to children born abroad to... 2021 Yes
  7 FAM 1100 APPENDIX L. RETENTION PROVISIONS Immigration Law Service, Second Edition (CT:CON-454; 04-15-2013) (Office of Origin: CA/OCS/L) (CT:CON-454; 04-15-2013) (CT:CON-454; 04-15-2013) (CT:CON-348; 12-07-2010) (CT:CON-348; 12-07-2010) (CT:CON-449; 03-25-2013) (CT:CON-348; 12-07-2010) (CT:CON-454; 04-15-2013) (CT:CON-454; 04-15-2013) (CT:CON-660; 04-18-2016) (Office of Origin: CA/OCS/L) (CT:CON-660; 04-18-2016) (CT:CON-660;... 2021  
  86 FR 71787 December 14, 2021 More than two centuries ago, our Founders drafted the Constitution in order to create an American Government that could act with urgency on national issues without compromising individual rights and freedoms. They had the genius not only to craft such a Government but to foresee their own fallibility as well. In their foresight, they made the charter at the heart of our Nation a living documentincluding within it a process by which it could be amended to evolve and keep pace with the wisdom of passing time. Opportunities to improve our Constitution have been contemplated since its inception.... 2021  
Richard Albert AMERICA'S AMORAL CONSTITUTION 70 American University Law Review 773 (February, 2021) The celebrated United States Constitution does not derive its legitimacy from morality. Its legitimacy is rooted in an amoral code structured around the peculiar value of outcome-neutrality. By design, the Constitution does not evaluate whether a lawful choice is morally right or wrong; it evaluates only whether the choice satisfies the procedures... 2021  
Gabriel J. Chin , Paul Finkelman BIRTHRIGHT CITIZENSHIP, SLAVE TRADE LEGISLATION, AND THE ORIGINS OF FEDERAL IMMIGRATION REGULATION 54 U.C. Davis Law Review 2215 (April, 2021) In accord with the traditional restriction of citizenship of nonwhites, for decades some conservative lawmakers and scholars have urged Congress to deny citizenship to U.S.-born children of unauthorized migrants. For its part, the Trump Administration promised to pursue birthright citizenship reform. The most prominent and compelling argument... 2021 Yes
Gabriel J. Chin , Paul Finkelman BIRTHRIGHT CITIZENSHIP, SLAVE TRADE LEGISLATION, AND THE ORIGINS OF FEDERAL IMMIGRATION REGULATION 54 U.C. Davis Law Review 2215 (April, 2021) In accord with the traditional restriction of citizenship of nonwhites, for decades some conservative lawmakers and scholars have urged Congress to deny citizenship to U.S.-born children of unauthorized migrants. For its part, the Trump Administration promised to pursue birthright citizenship reform. The most prominent and compelling argument... 2021 Yes
Kevin R. Johnson BRINGING RACIAL JUSTICE TO IMMIGRATION LAW 116 Northwestern University Law Review Online 1 (May 13, 2021) Abstract--From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... 2021  
Nicholas Loh DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY 48 Fordham Urban Law Journal 1331 (October, 2021) Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... 2021  
  Federal Case Summaries 98 Interpreter Releases 16 (June 28, 2021) The U.S. Court of Appeals for the Fifth Circuit has found that a naturalized citizen who assisted and participated in extrajudicial killings during the Salvadorian Civil War was not a person of good moral character, thereby warranting revocation of his American citizenship. United States v. Vasquez, 2021 WL 2389112 (5th Cir. 2021). Arnoldo Antonio... 2021  
Jordan Gross INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS 109 Kentucky Law Journal 299 (2020-2021) Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... 2021 Yes
Stephen M. Griffin OPTIMISTIC ORIGINALISM AND THE RECONSTRUCTION AMENDMENTS 95 Tulane Law Review 281 (January, 2021) Fellow-citizens, we cannot escape history. --President Abraham Lincoln, December 1862 I. Introduction. 282 II. Public Meaning Originalism, Historical Inquiry, and the Problem of Constitutional Change. 287 A. Constructing the Past: Distinguishing Original Meaning and Nonoriginalism from Historical Inquiry. 287 B. The Problem(s) of Constitutional... 2021  
John Tehranian PATERNALISM, TOLERANCE, AND ACCEPTANCE: MODELING THE EVOLUTION OF EQUAL PROTECTION IN THE CONSTITUTIONAL CANON 62 William and Mary Law Review 1615 (April, 2021) This Article proposes a legal taxonomy through which we can model changes in interpretations and applications of antidiscrimination principles to best understand the evolution of equal protection doctrine. The goal for doing so is two-fold. First, through a careful exegesis of a wide range of equal protection cases from the past hundred and fifty... 2021  
Zainab Saleh , Haverford College PRECARIOUS CITIZENS: IRAQI JEWS AND THE POLITICS OF BELONGING 44 PoLAR: Political and Legal Anthropology Review 107 (May, 2021) This article examines the politics and practices of citizenship among Iraqi Jews, using one woman's life history to explore the dynamics of exile and belonging. In 1950-1951, the Iraqi government issued a law that stripped Iraqi Jews who had migrated to Israel of their citizenship. Iraqi citizenship laws and directives did not only define citizens... 2021  
Chantal Thomas RACE AS A TECHNOLOGY OF GLOBAL ECONOMIC GOVERNANCE 67 UCLA Law Review 1860 (April, 2021) This Article offers an account of the role of race in global political economy--in particular, how to understand racialization as part of the process by which institutions of economic hierarchy not only were created but continue to be legitimated. It offers the conception of race as a technology: the product of racialized forms of knowing, which... 2021  
Cathryn Costello , Michelle Foster RACE DISCRIMINATION EFFACED AT THE INTERNATIONAL COURT OF JUSTICE 115 AJIL Unbound 339 (2021) This essay examines the interpretation of the core international treaty dedicated to the elimination of racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and in particular how the prohibition on race discrimination applies to the treatment of migrants. This essay is timely, as CERD... 2021  
Michelle Foster , Timnah Rachel Baker RACIAL DISCRIMINATION IN NATIONALITY LAWS: A DOCTRINAL BLIND SPOT OF INTERNATIONAL LAW? 11 Columbia Journal of Race and Law 83 (January, 2021) Statelessness has historically been overlooked by the international community, but it is now a significant focus of the work of academics, advocates, and international institutions. The United Nations High Commissioner for Refugees' campaign to end statelessness by 2024 is now past its half-way point. Yet, while it is understood that statelessness... 2021  
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021  
Gabriel J. Chin RELIEF AND STATUTES OF LIMITATION FOR DEPORTABLE NONCITIZENS UNDER ASIAN EXCLUSION, 1882-1948 50 Southwestern Law Review 218 (2021) Reading Deported Americans is like watching a horror movie; it is all too easy to anticipate the terror coming. But it is no fantasy; this nightmare is real life. The book is the story of good people, many with close connections to the United States, deported without mercy or individual consideration. Sometimes, although not always, they are... 2021  
James W. Fox Jr. THE CONSTITUTION OF BLACK ABOLITIONISM: REFRAMING THE SECOND FOUNDING 23 University of Pennsylvania Journal of Constitutional Law 267 (April, 2021) Eric Foner has observed that historians of the Thirteenth Amendment have struggled to find ways to get the voice of African Americans into discussions of the Amendment's original meaning, scope, and limitation. This article is part of a project to answer Professor Foner's challenge to recover nineteenth-century African American constitutionalism.... 2021  
Chris Chambers Goodman THE DEVOLUTION OF DEMOCRATIC CITIZENSHIP 30 Cornell Journal of Law & Public Policy 671 (Summer, 2021) The actual operation of United States citizenship today shows a dilution worse than during the decline of ancient Rome. The notion of duty and obligation, whether evidenced in voluntary military service or voluntary voting, has diminished to the point of no longer being a valid measure for who is a good or bad citizen. After an introduction in part... 2021  
Ciara Torres-Spelliscy THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 96 New York University Law Review 1214 (October, 2021) In this piece, I examine the political branding of Asian immigrants by comparing the rhetoric used in the political platforms of the Democratic and Republican parties from 1876 to 1924 to the language deployed in U.S. Supreme Court opinions during the same time period. The negative verbiage repeated at national political conventions branded the... 2021  
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