AuthorTitleCitationSummaryYearKeyTerm
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  
Monique A. Hannam Soy Dominicano - the Status of Haitian Descendants Born in the Dominican Republic and Measures to Protect Their Right to a Nationality 47 Vanderbilt Journal of Transnational Law 1123 (October, 2014) On September 25, 2013, the Constitutional Tribunal of the Dominican Republic retroactively interpreted the Dominican Constitution to deny Dominican citizenship to children born to irregular migrants in Dominican territory since 1929. The tribunal's decision disproportionately affects approximately two hundred thousand persons of Haitian descent. In... 2014  
Natsu Taylor Saito Tales of Color and Colonialism: Racial Realism and Settler Colonial Theory 10 Florida A & M University Law Review 1 (Fall 2014) Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The... 2014  
Laura A. Hernández The Constitutional Limits of Supply and Demand: Why a Successful Guest Worker Program must Include a Path to Citizenship 10 Stanford Journal of Civil Rights & Civil Liberties 251 (June, 2014) The United States is a proud nation of immigrants, with a short memory. As the country's need for immigrant labor continues unabated, legislative reaction to these labor demands is myopic. It is undisputed that the American desire for cheap labor incentivizes the migration of unskilled and undocumented guest workers. As long as market demand for... 2014  
Ronald L. Mize The Contemporary Assault on Ethnic Studies 47 John Marshall Law Review 1189 (Summer, 2014) I. 1980s Culture Wars: A Precursor. 1193 II. 21 Century Kulturkampf, Arizona-Style. 1197 III. Forbidden Knowledge: Threatening White Privilege's Historical Amnesia. 1202 IV. Allegory of Don Rafael, Connecting Past and Presen. 1204 V. Chronology of Events Pertaining to Don Rafael Case, 1954. 1208 2014  
Anita Ortiz Maddali The Immigrant "Other": Racialized Identity and the Devaluation of Immigrant Family Relations 89 Indiana Law Journal 643 (Spring, 2014) This Article explores how current terminations of undocumented immigrants' parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the... 2014  
G. Edward White The Origins of Civil Rights in America 64 Case Western Reserve Law Review 755 (Spring, 2014) This Article makes three contributions. First, it represents the first sustained effort to identify and trace the origins of the legal category of civil rights in American constitutional jurisprudence. Contrary to conventional wisdom, the category of civil rights did not extend back to the Declaration of Independence or to the framing of the... 2014  
Rainer Bauböck The Three Levels of Citizenship Within the European Union 15 German Law Journal 751 (August 1, 2014) European Union citizenship is derived from Member State nationality. This fact often has been considered a birth defect to be overcome by either disconnecting EU citizenship from Member State citizenship or by reversing the relationship in a federal model so that Member State citizenship would be derived from that of the Union. I argue in this... 2014  
Brooke Huley Automatic Birthright Citizenship: How Europe Has Fallen and Why We Should Not Follow 19 Southwestern Journal of International Law 351 (2013) Through the Fourteenth Amendment, our nation currently grants automatic citizenship to children of undocumented immigrants--as well as all other children--born on U.S. soil. However, legislators have recently attacked this century-old policy. They have proposed both a federal law and a constitutional amendment that would reinterpret the Fourteenth... 2013 Yes
Brooke Huley AUTOMATIC BIRTHRIGHT CITIZENSHIP: HOW EUROPE HAS FALLEN AND WHY WE SHOULD NOT FOLLOW 19 Southwestern Journal of International Law 351 (2013) Through the Fourteenth Amendment, our nation currently grants automatic citizenship to children of undocumented immigrants--as well as all other children--born on U.S. soil. However, legislators have recently attacked this century-old policy. They have proposed both a federal law and a constitutional amendment that would reinterpret the Fourteenth... 2013 Yes
D. Carolina Núñez Beyond Blood and Borders: Finding Meaning in Birthright Citizenship 78 Brooklyn Law Review 835 (Spring, 2013) Several decades ago, Alexander Bickel asserted that citizenship in the United States was (and ought to be) nothing more than a theoretical distinction with little practical value. [W]e live under a Constitution to which the concept of citizenship matters very little indeed, he wrote. Under Bickel's view of the Constitution, the government... 2013 Yes
Sean Morrison Foreign in a Domestic Sense: American Samoa and the Last U.s. Nationals 41 Hastings Constitutional Law Quarterly 71 (Fall 2013) Birthright citizenship in America is largely taken for granted. When discussions of citizenship do arise, they are invariably in the context of immigration--either granting or denying this exclusive status to aliens. The general assumption is that one is either an American citizen or a foreign alien. But what about those who are neither foreign nor... 2013 Yes
Caroline Sawyer The Loss of Birthright Citizenship in New Zealand 44 Victoria University of Wellington Law Review 653 (November, 2013) The Citizenship Amendment Act 2005 removed the traditional common law rule that a person born in New Zealand was, just for that reason, a New Zealand citizen. It required that the person have a parent who was a New Zealand citizen or permanent resident at that time. The change is often said to have been made to prevent transient immigrants having... 2013 Yes
Shira Morag Levine A "Vital Question of Self-preservation": Chinese Wives, Merchants, and American Citizens Caught in the 1924 Immigration Act 9 Stanford Journal of Civil Rights & Civil Liberties 121 (January, 2013) Introduction. 121 I. Legal and Human Limbo: Exclusion from the United States and Detention on Angel Island. 124 II. Congress's Increasingly Restrictive Chinese Immigration Policy: 1868-1924. 128 III. Legal Battles to Protect Immigration by Chinese Wives, and the Supreme Court's Anomalous 1925 Decisions. 132 IV. Unpacking the Supreme Court's... 2013  
Keila E. Molina and and Lynne Marie Kohm Are We There Yet? Immigration Reform for Children Left Behind 10 Regent Journal of International Law 1 (2013) This article is reprinted by permission from Berkeley La Raza Law Journal Children are the world's most valuable resourceand its best hope for the future. Three children, ages six, one, and nine months old, were placed in foster care when their mothers were arrested, detained, and deported. A teenage boy, age fifteen, wept as he spoke of his... 2013  
Elizabeth Keyes Defining American: the Dream Act, Immigration Reform and Citizenship 14 Nevada Law Journal 101 (Fall 2013) Introduction. 102 I. The DREAM: Legislation and Narrative. 105 A. The DREAM Act and Immigration Reform Proposals for DREAMers. 105 B. The Narrative Being Told. 109 1. Harnessing the American Dream. 109 2. A Story of Worthiness and Blamelessness. 112 II. DREAMers Exposing and Expanding the Limits of Citizenship. 115 A. The Claiming of Citizenship... 2013  
D. Scott Broyles Doubting Thomas: Justice Clarence Thomas's Effort to Resurrect the Privileges or Immunities Clause 46 Indiana Law Review 341 (2013) This Article examines Justice Thomas's effort to resurrect the Privileges or Immunities Clause as the proper constitutional vehicle for discovering fundamental rights. This effort is problematic, however, for two principle reasons: (1) because a redirection of fundamental rights jurisprudence to the history and text of the Privileges or Immunities... 2013  
Jennifer Chacón Feminists at the Border 91 Denver University Law Review 85 (2013) Ann Scales was a critic of militarism. She challenged her readers to engage in a radical critique of all of the excuses for and covers for the use of force that is, a radical critique of militarismin whatever context it appears. She also cautioned that this critique is perhaps most important in contexts where the influence of militarism is less... 2013  
Leslie F. Goldstein How Equal Protection Did and Did Not Come to the United States, and the Executive Branch Role Therein 73 Maryland Law Review 190 (2013) What follows is an interbranch comparison of federal policy toward three racial groups in the United States--African Americans, Native Americans, and Asian Americans--during the four decades following the post-bellum entrenchment of the right to equal protection of the laws. It should be read as an extended, analytic commentary on the Timechart... 2013  
Martha S. Jones Hughes V. Jackson: Race and Rights Beyond Dred Scott 91 North Carolina Law Review 1757 (June, 2013) With its focus on race and rights in Maryland, this Article opens a new chapter in the history of black citizenship before the Civil War. Evidence from Maryland's courts, legislature, and local courthouses establishes that free black Americans were not the people with no rights that Roger Taney imagined them to be. Nor, however, were they... 2013  
Daniel I. Morales Immigration Reform and the Democratic Will 16 University of Pennsylvania Journal of Law and Social Change 49 (2013) The character of the American immigration regime has remained remarkably stable over many decades. It changes, to be sure, sometimes granting migrants benefits and at other moments cracking down. However, the broad trend is unmistakable: immigration law and the way it is implemented is increasingly harsh and inhumane. This article argues that this... 2013  
Josh Blackman, Brian L. Frye and Michael McCloskey Justice John Marshall Harlan: Professor of Law 81 George Washington Law Review 1063 (July, 2013) From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which became the George Washington University School of Law. For two decades, he primarily taught working-class evening students in classes as diverse as property, torts, conflicts of law,... 2013  
Ayelet Shachar and Ran Hirschl Recruiting "Super Talent": the New World of Selective Migration Regimes 20 Indiana Journal of Global Legal Studies 71 (2013) The desire to be great, to make a lasting mark, is as old as civilization itself. Today, it is no longer measured exclusively by the size of a polity's armed forces, the height of its pyramids, the luxury of its palaces, or even the wealth of its natural resources. Governments in high-income countries and emerging economies alike have come to... 2013  
Polly J. Price Stateless in the United States: Current Reality and a Future Prediction 46 Vanderbilt Journal of Transnational Law 443 (March, 2013) Statelessness exists in the United States--a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize... 2013  
Polly J. Price STATELESS IN THE UNITED STATES: CURRENT REALITY AND A FUTURE PREDICTION 46 Vanderbilt Journal of Transnational Law 443 (March, 2013) Statelessness exists in the United States--a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize... 2013  
Mary Fan The Case for Crimmigration Reform 92 North Carolina Law Review 75 (December, 2013) The nation is mired in immigration reform debates again. Leaders vow that this time will be different. The two groups most targeted by immigration control law over the last century, Hispanics and Asians, have increased in numbers and in political power. Conservative leaders are realizing that hostile policies toward people perceived as foreign are... 2013  
Rachel E. Rosenbloom The Citizenship Line: Rethinking Immigration Exceptionalism 54 Boston College Law Review 1965 (November, 2013) Abstract: It is not possible to police the movement of aliens without first determining who is and is not a citizen. Yet little scholarly attention has been devoted to the nature of citizenship determinations or their implication for our understanding of immigration enforcement as a whole. Thousands of U.S. citizens are caught up in immigration... 2013  
Khiara M. Bridges The Dangerous Law of Biological Race 82 Fordham Law Review 21 (October, 2013) The idea of biological race--a conception of race that postulates that racial groups are distinct, genetically homogenous units--has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals.... 2013  
Gabriel J. Chin , Cindy Hwang Chiang and Shirley S. Park The Lost Brown V. Board of Education of Immigration Law 91 North Carolina Law Review 1657 (June, 2013) This Article proposes that in 1957, the Supreme Court came close to applying Brown v. Board of Education to immigration law. In Brown, the Supreme Court held that school segregation was unconstitutional. Ultimately, Brown came to be understood as prohibiting almost all racial classifications. Meanwhile, in a line of cases exemplified by Chae Chan... 2013  
Davison M. Douglas The Surprising Role of Racial Hierarchy in the Civil Rights Jurisprudence of the First Justice John Marshall Harlan 15 University of Pennsylvania Journal of Constitutional Law 1037 (April, 2013) The first Justice John Marshall Harlan's status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan's civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan's strong civil rights views. Developing a... 2013  
D. Carolina Núñez War of the Words: Aliens, Immigrants, Citizens, and the Language of Exclusion 2013 Brigham Young University Law Review 1517 (2013) I. Introduction. 1518 II. Corpus Linguistics. 1520 III. Citizens, Immigrants, and Aliens: Dictionary and Legal Definitions. 1525 A. The Oxford English Dictionary. 1526 B. The Immigration and Nationality Act. 1527 C. Law and Dictionary: A Comparison. 1528 IV. Beyond the Dictionary: Aliens v. Immigrants. 1529 A. Broad Usage of Alien and... 2013  
Mark Shawhan "BY VIRTUE OF BEING BORN HERE": BIRTHRIGHT CITIZENSHIP AND THE CIVIL RIGHTS ACT OF 1866 15 Harvard Latino Law Review 1 (Spring 2012) Introduction. 2 I. Citizenship in Historical Context. 4 A. The Common Law Citizenship Tradition. 4 B. The Consensualist Alternative. 6 C. A Rejection of Consensualism. 8 II. The Civil Rights Act of 1866. 9 A. Civil Rights Act: Senate Debate. 11 1. January 30th: Consensualists Object to Citizenship of the Freedmen, and the Question of Indian... 2012 Yes
Matthew Ing BIRTHRIGHT CITIZENSHIP, ILLEGAL ALIENS, AND THE ORIGINAL MEANING OF THE CITIZENSHIP CLAUSE 45 Akron Law Review 719 (2011-2012) I. Introduction. 720 II. The Citizenship Clause in Context. 725 III. Indians, Aliens, and the Original Meaning of Subject to the jurisdiction thereof. 729 A. Federal Indian Law and the Original Meaning of Jurisdiction. 730 B. Original Expected Applications as a Test Suite of Original Meaning. 735 C. The Citizenship Clause During Ratification.... 2012 Yes
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