AuthorTitleCitationSummaryYearKeyTerm
Shannon Auvil In Defense of Birthright Citizenship 10 DePaul Journal for Social Justice 1 (Winter, 2017) 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. What to do with undocumented immigrants already in the U.S. has become a hot topic issue of the 2016 presidential race. GOP candidate Donald Trump endorses deportation of all... 2017 Yes
Katherine Nesler Resurgence of the Birthright Citizenship Debate 55 Washington University Journal of Law & Policy 215 (2017) There are two fundamental principles by which countries grant citizenship: jus sanguinis (the right of blood) and jus soli (the right of birth). In countries that recognize jus sanguinis citizenship, children are granted the citizenship of their parents, regardless of birthplace. Countries that recognize jus soli citizenship grant citizenship based... 2017 Yes
Katherine Nesler RESURGENCE OF THE BIRTHRIGHT CITIZENSHIP DEBATE 55 Washington University Journal of Law & Policy 215 (2017) There are two fundamental principles by which countries grant citizenship: jus sanguinis (the right of blood) and jus soli (the right of birth). In countries that recognize jus sanguinis citizenship, children are granted the citizenship of their parents, regardless of birthplace. Countries that recognize jus soli citizenship grant citizenship based... 2017 Yes
Jaclyn L. Neo Secularism Without Liberalism: Religious Freedom and Secularism in a Non-liberal State 2017 Michigan State Law Review 333 (2017) It is sometimes thought that non-liberal regimes are inimical to religious freedom, even if secular. This Article argues against this view. It holds that a non-liberal order that does not fully commit to state neutrality, but permits the regulation of and interference with religion, can nonetheless be protective of religious freedom if the... 2017  
Daniel B. Rice The Riddle of Ruth Bryan Owen 29 Yale Journal of Law & the Humanities 1 (Winter, 2017) Her ancestors helped win America's independence. As a child, she watched House debates with rapt attention, vowing eventually to return to her beloved Capitol building. She gazed out on millions of cheering faces during her father's three presidential campaigns. Her uncle was a governor and vice-presidential nominee, her father the American... 2017  
Mehera Nori Asian/american/alien: Birth Tourism, the Racialization of Asians, and the Identity of the American Citizen 27 Hastings Women's Law Journal 87 (Winter 2016) On March 3, 2015, federal agents raided thirty-seven locations in Southern California as part of an investigation into the practice of birth tourism, also known as maternity tourism. Investigators focused on three multimillion-dollar businesses that catered to wealthy, pregnant Chinese women hoping to give birth to their babies on American... 2016  
Bethany R. Berger Birthright Citizenship on Trial: Elk V. Wilkins and United States V. Wong Kim Ark 37 Cardozo Law Review 1185 (April, 2016) In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man... 2016 Yes
Bethany R. Berger BIRTHRIGHT CITIZENSHIP ON TRIAL: ELK V. WILKINS AND UNITED STATES V. WONG KIM ARK 37 Cardozo Law Review 1185 (April, 2016) In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man... 2016 Yes
Chad G. Marzen and William Woodyard II Catholic Social Teaching, the Right to Immigrate, and the Right to Regulate Borders: a Proposed Solution for Comprehensive Immigration Reform Based upon Catholic Social Principles 53 San Diego Law Review 781 (Fall, 2016) C1-2Table of Contents Introduction. 783 I. The Current Debate Concerning Immigration Reform. 793 A. Immigration to the U.S.--Statistical Trends and the Emerging Issues of Immigration to the U.S. 793 B. Background of Key Modern Immigration Laws. 794 1. The Immigration Reform and Control Act of 1986. 795 2. Illegal Immigration Reform and Immigrant... 2016  
Joseph W. Dellapenna Constitutional Citizenship under Attack 61 Villanova Law Review 477 (2016) IN 1977, my article, The Citizenship of Draft Evaders after the Pardon, analyzed the erroneous position taken by the U.S. government regarding the effect of President Carter's pardon of those who had gone abroad to evade military service in Vietnam. Jody Powell, then White House Press Secretary, indicated that, although the President had waived the... 2016  
Beth Caldwell Deported by Marriage: Americans Forced to Choose Between Love and Country 82 Brooklyn Law Review 1 (Fall, 2016) I pray that soon the good men and women in our Congress will ameliorate the plight of families like the [petitioners] and give us humane laws that will not cause the disintegration of such families. More people have been deported from the United States in recent years than ever before--over five million people since 1997. In the past decade, U.S.... 2016  
Mark E. Steiner Inclusion and Exclusion in American Legal History 23 Asian American Law Journal 69 (2016) I. Introduction. 69 II. American Legal History Casebooks. 72 III. Survey Texts. 78 IV. Introductory Texts. 86 V. Margins and Mainstreams. 91 VI. Conclusion. 98 2016  
D. Carolina Núñez Mapping Citizenship: Status, Membership, and the Path in Between 2016 Utah Law Review 477 (2016) The concept of citizenship poses an interesting asymmetry: though all citizens receive the same rights and obligations on equal terms, citizenship is not distributed to individuals on equal terms. In the United States, some are citizens by virtue of birth within the national territory or birth to citizen parents. Others must undergo the process of... 2016  
Montano Cabezas Reasons for Citizenship-based Taxation? 121 Penn State Law Review 101 (Summer, 2016) The United States is alone in its practice of taxing the worldwide income of not only U.S. residents, but also U.S. citizens. Such a practice, at least at first glance, presents serious equitable concerns for Americans who live abroad. The author notes that the government last discussed its reasons for using such a system in 1924, the year in which... 2016  
Rick Zou Stateless in the United States: the United Nations' Efforts to End Statelessness and American Gender Discrimination in Lynch V. Morales-santana 90 Southern California Law Review 85 (November, 2016) In 2014, the United Nations initiated a plan to end statelessness, the widely deplored condition in which a person does not have a nationality or the rights conferred by citizenship, which aims to fill gaps in national laws that contribute to statelessness. One such gap exists in the United States' Immigration and Nationality Act--specifically, a... 2016  
Alexander Tsesis The Declaration of Independence as Introduction to the Constitution 89 Southern California Law Review 359 (March, 2016) Throughout the course of United States history, the Declaration of Independence has played an outsized role in constitutional development. For each generation of Americans, the document has reflected the historical reason for independence and the idyllic statement of representative government. On the one hand, it is not part of the formal... 2016  
Rebecca Tsosie The Politics of Inclusion: Indigenous Peoples and U.s. Citizenship 63 UCLA Law Review 1692 (August, 2016) This Article explores the dynamics of U.S. citizenship and indigenous self-determination to see whether, and how, the two concepts are in tension and how they can be reconciled. The Article explores the four historical frames of citizenship for indigenous peoples within the United States--treating indigenous peoples as citizens of separate nations,... 2016  
Reuben Jonathan Miller and Amanda Alexander The Price of Carceral Citizenship: Punishment, Surveillance, and Social Welfare Policy in an Age of Carceral Expansion 21 Michigan Journal of Race and Law 291 (Spring 2016) INTRODUCTION. 291 I. On Carceral Citizenship. 295 II. Putting Mass Supervision in its Place. 297 III. Policing Suitable Targets. 300 IV. On Risk and Responsibility. 303 V. Of Penological Interests and Varied Stakes. 306 VI. On Rights and Responsibility. 309 CONCLUSION. 311 2016  
Jamile Kadre BORN IN THE USA: 2016 PRESIDENTIAL HOPEFULS' STANCES ON BIRTHRIGHT CITIZENSHIP AND THE ELECTORAL IMPLICATIONS OF THOSE STANCES 30 Georgetown Immigration Law Journal 197 (Fall, 2015) C1-2Table of Contents Introduction. 97 I. Birthright Citizenship Proponents. 198 II. Opponents of Birthright Citizenship and the Birthright Citizenship Debate. 199 III. Electoral Implications of Birthright Citizenship. 202 2015 Yes
Rose Cuison Villazor Chae Chan Ping V. United States: Immigration as Property 68 Oklahoma Law Review 137 (Fall, 2015) There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... 2015  
Vienna Flores Competing Paradigms of Immigrant Human Rights in America 21 Law & Business Review of the Americas 459 (Fall 2015) GIVE me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door. These are the words chiseled onto the Statue of Liberty--the expression that has sculpted the free world; the promise carved into every... 2015  
Allen R. Kamp Constitutional Interpretation and Technological Change 49 New England Law Review 201 (Winter 2015) Times have changed And we've often rewound the clock Since the Puritans got a shock When they landed on Plymouth Rock. If today Any shock they should try to stem Stead of landing on Plymouth Rock, Plymouth Rock would land on them. Nearly 50 years later, things have changed dramatically. Two experiences made me think of this topic. The first... 2015  
Rainer Bauböck and Vesco Paskalev Cutting Genuine Links: a Normative Analysis of Citizenship Deprivation 30 Georgetown Immigration Law Journal 47 (Fall, 2015) Most critical analyses assess citizenship deprivation policies against international human rights and domestic rule of law standards, such as prevention of statelessness, non-arbitrariness with regard to justifications and judicial remedies, or non-discrimination between different categories of citizens. This paper considers citizenship deprivation... 2015  
Nicia C. Mejia Dominican Apartheid: Inside the Flawed Migration System of the Dominican Republic 18 Harvard Latino Law Review 201 (Spring, 2015) I. Who Are You? II. Conflict on the Hispaniola. 204 III. National Sovereignty v. Individual Human Rights. 208 IV. The Plight of the Haitian Sugar Worker. 214 V. The September 2013 Decision. 218 VI. Lessons From Around The World. 222 VII. Conclusion. 228 Imagine you were born in a country and you only spoke the language of that country. You were... 2015  
Amy L. Travis New Jersey's Attack on Mixed-status Families: the Unconstitutionality of New Jersey's Immigrant Eligibility Requirements for Foster Parents 67 Rutgers University Law Review 441 (Spring 2015) I. Introduction. 442 II. Understanding the Federal and State Administration of Child Protective Services. 444 A. Historical Overview. 444 B. Modern Child Welfare Administration and Immigrant Eligibility. 445 III. The Unconstitutionality of New Jersey's Immigrant Eligibility Requirements for Foster Parents. 447 A. New Jersey's Immigrant Eligibility... 2015  
John Tehranian Playing Cowboys and Iranians: Selective Colorblindness and the Legal Construction of White Geographies 86 University of Colorado Law Review 1 (Winter 2015) This Article examines the selective invocation of colorblindness in legal and political discourse and argues that the trope has served as a powerful vehicle for the creation, perpetuation, and patrolling of white geographies--spaces characterized by an implicit hierarchy privileging white racial identity. After assessing the new rhetoric of race in... 2015  
Justin Lollman The Significance of Parental Domicile under the Citizenship Clause 101 Virginia Law Review 455 (April, 2015) IN Southern California, the lure of U.S. citizenship has given rise to a cottage industry of birth tourism--maternity hotels and travel agencies catering to foreign parents seeking U.S. citizenship for their soon-to-be-born children. Under the United States's system of jus soli citizenship, birth within the territory automatically confers U.S.... 2015  
Marie Renée Cita U.s. Asylum Eligibility: Citizenship in the Dominican Republic 50 Harvard Civil Rights-Civil Liberties Law Review 255 (Winter 2015) Introduction I. Citizenship in the Dominican Republic. 260 II. Asylum Eligibility. 266 III. The Persecutory Nexus to Race or Nationality. 268 IV. The Economic Persecution Standard. 271 A. Early Economic Persecution Standard. 273 B. The Board of Immigration Appeals' Precedent Ruling. 275 C. The Majority Standard and Its Application. 277 D. The... 2015  
Sherally Munshi You Will See My Family Became So American: Toward a Minor Comparativism 63 American Journal of Comparative Law 655 (Summer 2015) How does the appearance of racial difference shape our view of citizenship and national identity? This Article seeks to address that question by examining two early twentieth-century cases involving the naturalization of Indian immigrants to the United States. In United States v. Bhagat Singh Thind (1923), the Supreme Court determined that Hindus... 2015  
Darren Lenard Hutchinson "CONTINUALLY REMINDED OF THEIR INFERIOR POSITION": SOCIAL DOMINANCE, IMPLICIT BIAS, CRIMINALITY, AND RACE 46 Washington University Journal of Law & Policy 23 (2014) The intersection of race and criminal law and enforcement has recently received considerable attention in US media, academic, and public policy discussions. Media outlets, for example, have extensively covered a series of incidents involving the killing of unarmed black males by law enforcement and private citizens. These cases include the killing... 2014  
Robert F. Ley Are We Punishing "Illegal Citizen" Children to Deter Parents? Critiquing Birthright Citizenship Through the Citizens-benefits Question and Citizenship Reductionism 33 Buffalo Public Interest Law Journal 23 (2014-2015) This article proposes that immigration and citizenship law must address the construction of the immigrant child situated within the family. Counter to scholarly literature which has addressed the need for some form of the best interests of the child standard in immigration to account for unaccompanied minors, and more generally, immigrant... 2014 Yes
Kristine S. Knaplund Baby Without a Country: Determining Citizenship for Assisted Reproduction Children Born Overseas 91 Denver University Law Review 335 (2014) The United States has long followed the English common law view that citizenship can be attained at birth in two ways: by being born in the U.S. (jus soli) or by being born abroad as the child of a U.S. citizen (jus sanguinis). For a child born abroad to claim citizenship through jus sanguinis, the State Department for many years required proof of... 2014  
Mariela Olivares Battered by Law: the Political Subordination of Immigrant Women 64 American University Law Review 231 (December, 2014) The Article explores the state of immigrant battered women in the United States, focusing on how their identity as a politically and culturally marginalized community impacts the measure of help that they receive. Specifically, the Article examines the 2012-2013 Violence Against Women Act (VAWA) reauthorization debate as an example of how... 2014  
Marselha Gonçalves Margerin , Monika Kalra Varma and Salvador Sarmiento Building a Dangerous Precedent in the Americas: Revoking Fundamental Rights of Dominicans 21 Human Rights Brief 9 (Winter, 2014) In late September of 2013, the Dominican Republic Constitutional Tribunal issued a highly controversial decision, causing an uproar that permeated the island's porous border and traveled across the oceans. The unparalleled judicial move stirred international dismay and deep concern among the world's highest human rights bodies. In its ruling, the... 2014  
Annette R. Appell Certifying Identity 42 Capital University Law Review 361 (Spring, 2014) Juridical power inevitably produces' what it claims merely to represent . . . . We think of ourselves as authors of our own lives, but in many respects, we have little authority over our official recorded identities. We are born into families, but our identities are contingent and malleable-created and documented by doctors, parents, social... 2014  
Rebecca Wolozin Citizenship Issues and Issuing Citizenship: a Case Study of Sri Lanka's Citizenship Laws in a Global Context 16 Asian-Pacific Law and Policy Journal 1 (2014) I. Introduction. 1 II. Qualitative Methods. 6 III. Citizenship in the International Framework. 6 IV. Issuing Citizenship: Citizenship for Indian Tamils in Sri Lanka. 9 A. Where do Stateless People Come From?: The Emergence of Indian Tamil Population in Ceylon. 9 B. Disappearing into Hills: Independence and the Ceylon Citizenship Act of 1948. 11 C.... 2014  
Darren Lenard Hutchinson Continually Reminded of Their Inferior Position: Social Dominance, Implicit Bias, Criminality, and Race 46 Washington University Journal of Law & Policy 23 (2014) The intersection of race and criminal law and enforcement has recently received considerable attention in US media, academic, and public policy discussions. Media outlets, for example, have extensively covered a series of incidents involving the killing of unarmed black males by law enforcement and private citizens. These cases include the killing... 2014  
M. Isabel Medina Derivative Citizenship: What's Marriage, Citizenship, Sex, Sexual Orientation, Race, and Class Got to Do with It? 28 Georgetown Immigration Law Journal 391 (Winter, 2014) C1-2Table of Contents Introduction. 392 I. The U.S. Statutory and Constitutional Framework for Derivative Citizenship. 395 A. Origins of the statutory and constitutional framework--embedded in racial and gender bias. 396 B. The current statutory and constitutional framework--perpetuating racial, class, and gender stereotypes and distinctions. 403... 2014  
Ashley Fukutomi Drawing the Curtain: Examining the Colorblind Rhetoric of Ruiz V. Robinson and its Implications 36 University of Hawaii Law Review 529 (Spring, 2014) I. Introduction. 529 II. Drawing the Curtain: Contextualizing Citizen-Children-of-Undocumented-Immigrants Within the Greater Social Narrative. 533 A. Enter Stage Left: U.S. Citizen-Children-of-Undocumented-Immigrants in the United States. 534 B. Enter Stage Right: Residency Tuition Policies. 537 III. Setting the Stage: A Legal Analysis of Ruiz v.... 2014  
Jillian Blake Haiti, the Dominican Republic, and Race-based Statelessness in the Americas 6 Georgetown Journal of Law & Modern Critical Race Perspectives 139 (Fall, 2014) This Article examines the crisis of race-based statelessness in the Dominican Republic, which denies citizenship to hundreds of thousands of people, based on racial and ethnic prejudice. In September 2013, the Dominican Constitutional Court upheld a constitutional amendment to revoke the citizenship rights of persons born in Dominican territory... 2014  
Jillian Blake HAITI, THE DOMINICAN REPUBLIC, AND RACE-BASED STATELESSNESS IN THE AMERICAS 6 Georgetown Journal of Law & Modern Critical Race Perspectives 139 (Fall, 2014) This Article examines the crisis of race-based statelessness in the Dominican Republic, which denies citizenship to hundreds of thousands of people, based on racial and ethnic prejudice. In September 2013, the Dominican Constitutional Court upheld a constitutional amendment to revoke the citizenship rights of persons born in Dominican territory... 2014  
Kristin A. Collins Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation 123 Yale Law Journal 2134 (May, 2014) The citizenship status of children born to American parents outside the United States is governed by a complex set of statutes. When the parents of such children are not married, these statutes encumber the transmission of citizenship between father and child while readily recognizing the child of an American mother as a citizen. Much of the debate... 2014  
Cecilia Menjívar Immigration Law Beyond Borders: Externalizing and Internalizing Border Controls in an Era of Securitization 10 Annual Review of Law and Social Science 353 (2014) borders, enforcement, immigration This review focuses on the enactment of borders beyond the physical demarcation of the nation, to encompass the entire migratory process, with particular attention to practices in the United States and the European Union. It addresses the twin processes of the externalization (outsourcing) and internalization... 2014  
Kerry Abrams and R. Kent Piacenti Immigration's Family Values 100 Virginia Law Review 629 (June, 2014) Introduction. 630 I. Parentage in Family Law. 635 A. Parentage at Common Law. 636 B. Family Law in the Twentieth Century. 639 1. Social and Technological Change. 639 2. The Legal Response. 641 a. The Erosion of Marital Parentage. 641 b. The Rise of Genetic Parentage. 644 c. The Birth of Functional Recognition. 647 d. Nascent Recognition of... 2014  
Will Sarvis Melting Pot Benevolence and Liberty Patriotism: the Importance of the Moral Cosmopolitanism Precedent in Asian American History 3 British Journal of American Legal Studies 197 (Spring, 2014) Between the 1860s-1930s, there were a significant number of Chinese, Japanese, and various Caucasian peoples who embraced interracial friendships in the United States. Not only were these brave souls ahead of their time, but they exercised a moral cosmopolitan attitude amidst some of the fiercest racial discrimination in American history. Until... 2014  
John Ira Jones IV Natural Born Shenanigans: How the Birther Movement Exacerbated Confusion over the Constitution's Natural Born Citizen Requirement 27 Regent University Law Review 155 (2014-2015) The campaign for the U.S. presidency in 2008 was marked by several high-profile media controversies, but perhaps none so persistent (nor high-profile) as the dispute over eventual President Barack Obama's place of birth. A vocal group known as birthers seized on Obama's father's Kenyan nationality to claim (or alternatively insinuate) that,... 2014  
Maritza I. Reyes Opening Borders: African Americans and Latinos Through the Lens of Immigration 17 Harvard Latino Law Review 1 (Spring 2014) African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in... 2014  
Paul Finkelman Original Intent and the Fourteenth Amendment: into the Black Hole of Constitutional Law 89 Chicago-Kent Law Review 1019 (2014) The legal history of the Fourteenth Amendment is something of a constitutional black hole. Scholars are drawn to this galactic force of constitutional law, pulled into the virtually endless debates over its meaning and the original intent of its framers. This seemingly irresistible force of (constitutional) nature lured Bill Nelson into writing his... 2014  
Richard Delgado Rodrigo's Equation: Race, Capitalism, and the Search for Reform 49 Wake Forest Law Review 87 (Spring 2014) I was hopping awkwardly up and down on one foot in an effort to remove my remaining shoe while trying not to drop the pile of notes and law review articles I had brought to read on the plane, acutely aware of the impatient young couple behind me and the glinty-eyed TSA inspector sizing me up nearby. Just then, as though by magic, a familiar voice... 2014  
Benjamin S. Morrell Some More for Samoa: the Case for Citizenship Uniformity 9 Tennessee Journal of Law and Policy 475 (Spring, 2014) In the late 1960s, Leneuoti Tuaua graduated from college in California and applied to several government jobs around the state, hoping to start a career in law enforcement. He scored well on the entrance exams for the California Highway Patrol and the San Mateo County Sheriff's Office. Tuaua had lived in the United States his entire life and had a... 2014  
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