AuthorTitleCitationSummaryYearKeyTerm
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  
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  
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
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  
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
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  
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
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
Kevin R. Johnson A Case Study of Color-blindness: the Racially Disparate Impacts of Arizona's S.b. 1070 and the Failure of Comprehensive Immigration Reform 2 UC Irvine Law Review 313 (February, 2012) Introduction. 314 I. The Tumultuous Immigration Debate of the Twenty-First Century. 317 A. Meltdown in the Desert: Arizona's S.B. 1070. 320 1. S.B. 1070: One State's Effort to Bolster Immigration Enforcement. 326 2. One Color-Blind Defense: S.B. 1070 Bans Racial Profiling. 331 3. Another Color-Blind Defense: S.B. 1070 Simply Mirrors Federal Law.... 2012  
Richard T. Middleton, Ivn and, Sheridan Wigginton A Comparative Analysis of How the Framing of the Jus Soli Doctrine Affects Immigrant Inclusion into a National Identity 21 Temple Political & Civil Rights Law Review 521 (Spring 2012) This paper builds upon a previous study that analyzed how the doctrine of jus soli affects racial and ethnic immigrant minority inclusion into citizenship and a national identity. In the aforementioned study, particular focus was given to how the principle of jus soli embedded in the U.S. Constitution has been judicially interpreted in a manner... 2012  
Alberto R. Gonzales An Immigration Crisis in a Nation of Immigrants: Why Amending the Fourteenth Amendment Won't Solve Our Problems 96 Minnesota Law Review 1859 (June, 2012) 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. The recent economic recession brought about staggering job loss nationwide and the highest unemployment rate since the late 1970s and early 1980s. As a result, some Americans, unable... 2012  
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
William Bingle Birthright Citizenship: Misguided Calls for Reform 43 University of Toledo Law Review 669 (Spring 2012) The Citizenship Clause of the Fourteenth Amendment reads, 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. The Citizenship Clause has long been interpreted to mean that any child born on United States soil is a United States... 2012 Yes
Allison S. Hartry Birthright Justice: the Attack on Birthright Citizenship and Immigrant Women of Color 36 New York University Review of Law and Social Change 57 (2012) Anti-immigrant sentiment in the United States is increasingly focused on restricting women of color's access to reproductive justice. Rhetoric surrounding anchor babies and an invasion by birth canal shows how the debate over immigration plays out on the bodies of immigrant women of color. This Article begins by describing the history of... 2012 Yes
Allison S. Hartry BIRTHRIGHT JUSTICE: THE ATTACK ON BIRTHRIGHT CITIZENSHIP AND IMMIGRANT WOMEN OF COLOR 36 New York University Review of Law and Social Change 57 (2012) Anti-immigrant sentiment in the United States is increasingly focused on restricting women of color's access to reproductive justice. Rhetoric surrounding anchor babies and an invasion by birth canal shows how the debate over immigration plays out on the bodies of immigrant women of color. This Article begins by describing the history of... 2012 Yes
Adam Clanton Born to Run: Can an American Samoan Become President? 29 UCLA Pacific Basin Law Journal 135 (Spring 2012) American Samoa holds the unique distinction of being the only American jurisdiction whose residents have been declared by Congress to be U.S. nationals at birth, and not U.S. citizens. This article examines the question of whether an American born on U.S. soil as a national can become president within the meaning of the natural born citizen... 2012  
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
Mariana E. Ormonde Debunking the Myth of the "Anchor Baby": Why Proposed Legislation Limiting Birthright Citizenship Is Not a Means of Controlling Unauthorized Immigration 17 Roger Williams University Law Review 861 (Summer 2012) Anchor baby has become a term used by anti-immigration proponents to evoke images of unauthorized immigrants crossing the American border solely to give birth, effortlessly providing those newborn children with constitutional rights and protections held by American citizens, only as a result of their birth on American soil. The term is used to... 2012 Yes
Patrick J. Charles DECODING THE FOURTEENTH AMENDMENT'S CITIZENSHIP CLAUSE: UNLAWFUL IMMIGRANTS, ALLEGIANCE, PERSONAL SUBJECTION, AND THE LAW 51 Washburn Law Journal 211 (Spring 2012) I. Introduction. 212 II. Decoding Birthright Citizenship from the Founding to the Fourteenth Amendment. 215 A. Birthright Citizenship and the 1866 Civil Rights Act. 220 B. Birthright Citizenship and the Fourteenth Amendment. 225 III. Defining Citizenship and Who is Subject to the Jurisdiction Thereof . 231 IV. The Birthright Citizenship Debate in... 2012 Yes
Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 2012) Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... 2012  
Douglas M. Coulson Persecutory Agency in the Racial Prerequisite Cases: Islam, Christianity, and Martyrdom in United States V. Cartozian 2 University of Miami Race & Social Justice Law Review 117 (2012) Introduction. 119 The Legal and Historical Conte xt of Cartozian. 131 The Cartozian Trial: A Story of Persecution and Martyrdom. 143 The Historical Interpretation of Race and the Problem of Narrativity in Judge Wolverton's Opinion. 166 Transcending Racial Divisions by Unifying Against Common Enemies. 178 2012  
Rachel E. Rosenbloom Policing the Borders of Birthright Citizenship: Some Thoughts on the New (And Old) Restrictionism 51 Washburn Law Journal 311 (Spring 2012) It has been a quarter of a century since Peter Schuck and Rogers Smith published Citizenship Without Consent, in which they argued that the American-born children of undocumented immigrants should not be accorded citizenship without the express consent of Congress. Citizenship Without Consent has been widely credited with inspiring the contemporary... 2012 Yes
Rachel E. Rosenbloom POLICING THE BORDERS OF BIRTHRIGHT CITIZENSHIP: SOME THOUGHTS ON THE NEW (AND OLD) RESTRICTIONISM 51 Washburn Law Journal 311 (Spring 2012) It has been a quarter of a century since Peter Schuck and Rogers Smith published Citizenship Without Consent, in which they argued that the American-born children of undocumented immigrants should not be accorded citizenship without the express consent of Congress. Citizenship Without Consent has been widely credited with inspiring the contemporary... 2012 Yes
Udi Ofer Protecting Plyler: New Challenges to the Right of Immigrant Children to Access a Public School Education 1 Columbia Journal of Race and Law 187 (2012) Thirty years ago, the Supreme Court ruled in Plyler v. Doe that undocumented children have the same right to access a public school education as children who are United States citizens or immigrant children lawfully admitted to the United States. Yet today, undocumented children still face numerous obstacles when attempting to access a public... 2012  
Kevin Lapp Reforming the Good Moral Character Requirement for U.s. Citizenship 87 Indiana Law Journal 1571 (Fall, 2012) This Article explores the impact of the convergence of criminal law and immigration law on the most valued government benefit in the land: citizenship. Specifically, it examines how criminal history influences the opportunity to naturalize through the good moral character requirement for U.S. citizenship. Since 1790, naturalization applicants have... 2012  
Saby Ghoshray Rescuing the Citizenship Clause from Nativistic Distortion: a Reconstructionist Interpretation of the Fourteenth Amendment 51 Washburn Law Journal 261 (Spring 2012) The Fourteenth Amendment has not extended the rights and privileges of citizenship one iota. They are right where they always were. I. Introduction. 262 II. Straddling History to Reconstruct Original Meaning. 267 A. Difficulty in Finding a National Citizenship Theory. 268 i. Hard Road to Citizenship for Blacks. 268 ii. Shaping Effect of the Jus... 2012  
Jean Stefancic Terrace V. Thompson and the Legacy of Manifest Destiny 12 Nevada Law Journal 532 (Summer 2012) The first of a number of state anti-alien land law cases to reach the U.S. Supreme Court, Terrace v. Thompson affirmed that Japanese farmers in the state of Washington could not own agricultural land because they could not in good faith declare their intention to become citizens of the United States. On a first reading, the Terrace case does... 2012  
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