AuthorTitleCitationSummaryYearKeyTerm
Orville Vernon Burton THE CREATION AND DESTRUCTION OF THE FOURTEENTH AMENDMENT DURING THE LONG CIVIL WAR 79 Louisiana Law Review 189 (Fall, 2018) C1-3Table of Contents Introduction. 190 I. The Civil War, Reconstruction, and the New Birth of Freedom. 192 A. Lincoln's Beliefs Before the War. 193 B. Heading into Reconstruction. 195 II. The Three Reconstruction Amendments. 196 A. The Thirteenth Amendment. 197 B. The South's Response. 200 C. The Fourteenth Amendment. 203 1. African-American... 2018  
Andrew Kent The Jury and Empire: the Insular Cases and the Anti-jury Movement in the Gilded Age and Progressive Era 91 Southern California Law Review 375 (March, 2018) This Article argues that there was an important causal link, to date unrecognized, between the widespread dissatisfaction with the jury in the United States during the Gilded Age and Progressive era among many elite lawyers and judges and choices by U.S. policymakers and jurists about colonial governance in Puerto Rico and the Philippines. The... 2018  
John Vlahoplus Toward Natural Born Derivative Citizenship 7 British Journal of American Legal Studies 71 (Spring, 2018) Senator Ted Cruz's campaign for the Republican presidential nomination again raised the question whether persons who receive citizenship at birth to American parents abroad are natural born and eligible to the presidency. This article uses Supreme Court decisions and previously overlooked primary source material from the Founders, the First... 2018  
Anna Laura Lichtenberger UNDOCUMENTED CITIZENS OF THE UNITED STATES: THE REPERCUSSIONS OF DENYING BIRTH CERTIFICATES 49 Saint Mary's Law Journal 435 (2018) I. Introduction. 436 A. Recent Denial of Birth Certificates. 438 B. The Importance of Birth Certificates and Their Purposes. 442 II. Complications with Proof of Citizenship. 442 A. Secondary Proof of Citizenship and Its Purpose. 444 B. Challenges of Not Having a Birth Certificate. 448 III. Violation of Constitutional Rights. 452 IV. Conclusion. 457 2018  
Ediberto Román and Ernesto Sagás Birthright Citizenship under Attack: How Dominican Nationality Laws May Be the Future of U.s. Exclusion 66 American University Law Review 1383 (August, 2017) Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country's woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential... 2017 Yes
Elizabeth K. Watson Citizens Nowhere: the Anomaly of American Samoans' Citizenship Status after Tuaua V. United States 42 University of Dayton Law Review 411 (Winter 2017) I. Introduction. 411 II. Development of the Law. 414 A. The Union between the United States of America and Samoa (1878). 414 B. Insular Cases Shape the Identity and Rights of the Island Territories (1901 1922). 416 C. Congress Excludes American Samoa from Statutory Birthright Citizenship (1940). 417 D. Categorization as Non-Citizen Nationals and... 2017 Yes
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
DeLeith Duke Gossett [Take from Us Our] Wretched Refuse: the Deportation of America's Adoptees 85 University of Cincinnati Law Review 33 (March, 2017) 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! ~ Emma Lazarus I. Introduction. 33 II. America: Land of Selective Immigration. 36 A. Economic Fears Drive Nativist Attitudes. 37 B. Nativism... 2017  
Eric Foner Abraham Lincoln, the Thirteenth Amendment, and the Problem of Freedom 15 Georgetown Journal of Law and Public Policy 59 (Winter, 2017) This paper explores Abraham Lincoln's role and relationship to emancipation and the Thirteenth Amendment. By no means a radical abolitionist upon taking office, Lincoln's views and goals evolved over the course of his presidency in response to the exigencies of war and governance. His moderate views were, however, antagonistic enough to provide... 2017  
Rose Cuison Villazor American Nationals and Interstitial Citizenship 85 Fordham Law Review 1673 (March, 2017) Citizenship scholarship is pervasively organized around a binary concept: there is citizenship (which is acquired at birth or through naturalization) and there is noncitizenship (which accounts for everyone else). This Article argues that this understanding is woefully incomplete. In making this argument, I tell the story of noncitizen nationals, a... 2017  
David M. Howard Analyzing the Causes of Statelessness in Syrian Refugee Children 52 Texas International Law Journal 281 (Summer, 2017) C1-2Table of Contents Introduction. 282 I. Citizenship. 285 A. Citizenship and Statelessness. 286 B. Effects of No Jus Soli. 287 C. Registration Problems. 289 II. Comparing Citizenship in the U.K., Germany, Canada, Turkey, and Syria. 291 A. United Kingdom. 291 B. Germany. 294 C. Sweden. 296 D. Canada. 298 E. Turkey. 300 F. Syria. 302 G. Comparison... 2017  
Susan Hazeldean Anchoring More than Babies: Children's Rights after Obergefell V. Hodges 38 Cardozo Law Review 1397 (April, 2017) Throughout my childhood I watched my parents try to become legal but to no avail. . That meant my childhood was haunted by the fear that they would be deported. If I didn't see anyone when I walked in the door after school, I panicked. And then one day, my fears were realized. I came home from school to an empty house. We're talking about U.S.... 2017  
Muneer I. Ahmad Beyond Earned Citizenship 52 Harvard Civil Rights-Civil Liberties Law Review 257 (Summer, 2017) For more than a decade, a single rubric for legalization of the 11 million undocumented people in the United States has dominated every major proposal for comprehensive immigration reform, and continues to do so today: earned citizenship. Introduced as a rhetorical move intended to distinguish such proposals from amnesty, the earned citizenship... 2017  
Matthew F. Redle Chair's Counsel 31-WTR Criminal Justice 1 (Winter, 2017) in the aftermath of the presidential election, I have participated in a number of informal conversations with members of the Criminal Justice Section where there has been some speculation about the effect a Trump administration might have on Section policy proposals. I understand the reason for this concern. This year's presidential election is... 2017  
Deron Marquez Citizenship, Disenrollment & Trauma 53 California Western Law Review 181 (Spring, 2017) C1-2Table of Contents Introduction. 182 I. Citizenship. 184 II. Disenrollment Trailhead. 191 III. Disenrollment. 197 A. Jeffredo v. Macarro. 199 B. San Diego Health and Human Service Agency v. Michelle T. 202 C. Aftermath. 206 IV. Trauma. 207 Conclusion. 212 2017  
Annie Lai and Christopher N. Lasch Crimmigration Resistance and the Case of Sanctuary City Defunding 57 Santa Clara Law Review 539 (2017) C1-2Table of Contents Introduction. 540 I. Threats to Defund Sanctuary Cities and Their Origins. 544 A. Four Decades (and Four Waves) of Sanctuary. 546 B. Sanctuary Defunding Becomes a Mainstay of the Trump Campaign. 548 C. Failed Legislative Attempts at Sanctuary Defunding. 550 D. Sanctuary Defunding Pursued as Part of the Federal Budgeting... 2017  
Kristin A. Collins Equality, Sovereignty, and the Family in Morales-santana 131 Harvard Law Review 170 (November, 2017) The statutes focus upon two of the most serious of human relationships, that of parent to child and that of individual to the State. They tie each to the other, transforming both while strengthening the bonds of loyalty that connect family with Nation. The nature of citizenship, like that of the state, is a question which is often disputed .. In... 2017  
Jennifer S. Hendricks Fathers and Feminism: the Case Against Genetic Entitlement 91 Tulane Law Review 473 (February, 2017) This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to... 2017  
Robin Jacobson Immigration in Between 52 Tulsa Law Review 529 (Spring, 2017) Hiroshi Motomura, Immigration Outside the Law (Oxford University Press 2014) Pp. 360. Hardcover $31.95. Natalia Molina, How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press 2014) Pp. 232. Hardcover $65.00. Paperback $27.95. Systems of immigration are not simply national... 2017  
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  
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
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  
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  
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
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  
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  
1 2 3 4 5 6 7 8 9