AuthorTitleCitationSummaryYearKeyTerm
Justin McDevitt BORN IN THE U.S.A.! YEAH, AND .? REVISITING BIRTHRIGHT CITIZENSHIP 16 Public Interest Law Reporter 53 (Fall, 2010) Some blast it as invasion by birth canal. Others defend it as bedrock Americanism. Whichever side of the fence (or the border) the calls come from, few topics stoke anger as readily as the policy of automatic birthright citizenship. Should the United States grant citizenship to all children born on U.S. soil, even the children of illegal... 2010 Yes
Roger Clegg E Pluribus Unum Forgotten: Five Immigration Policy Mistakes Some Conservatives Make 23 Regent University Law Review 345 (2010-2011) This Article discusses five mistakes that some conservatives are currently making with respect to immigration policy. The following are the five mistakes: 1. Neglecting the importance of assimilation in the public debate about immigration, 2. Opposing birthright citizenship, 3. Supporting racial profiling, 4. Supporting state and local (versus... 2010 Yes
Rebecca E. Zietlow Patterns of Inequality -- Paradigms for Equality 45 Tulsa Law Review 863 (Summer 2010) Gender Equality: Dimensions of Women's Equal Citizenship (Linda McClain & Joanna Grossman eds., Cambridge U. Press 2009). Pp. 450. $94.99. Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality (Harvard U. Press 2009). Pp. 273. $39.95. Deborah Hellman, When Is Discrimination Wrong? (Harvard U. Press 2008). Pp. 205. $41.50. One of... 2010 Yes
Garrett Epps The Citizenship Clause: a "Legislative History" 60 American University Law Review 331 (December, 2010) Introduction: The Citizenship Clause and Human Migration. 332 I. Thinking About the Fourteenth Amendment. 341 II. The Framing of the Clause: Background and Debate. 349 III. Travels in Indian Country. 363 IV. The Intellectual Background of Nineteenth-Century Republican Citizenship. 372 V. Birthright Citizenship and Changed Circumstances. 382... 2010 Yes
Garrett Epps THE CITIZENSHIP CLAUSE: A "LEGISLATIVE HISTORY" 60 American University Law Review 331 (December, 2010) Introduction: The Citizenship Clause and Human Migration. 332 I. Thinking About the Fourteenth Amendment. 341 II. The Framing of the Clause: Background and Debate. 349 III. Travels in Indian Country. 363 IV. The Intellectual Background of Nineteenth-Century Republican Citizenship. 372 V. Birthright Citizenship and Changed Circumstances. 382... 2010 Yes
Marc D. Falkoff and Robert Knowles Bagram, Boumediene, and Limited Government 59 DePaul Law Review 851 (Spring 2010) The United States' prison at Bagram Airbase in Afghanistan will be the next front in the battle over the extraterritorial reach of the Constitution. Habeas litigation on behalf of Bagram detainees will soon establish whether the writ of habeas corpus extends beyond U.S. territory to active war zones, and it will also begin to refine the limits of... 2010  
Mary De Ming Fan Citizenship Perception Strain in Cases of Crime and War: on Law and Intuition 2010 Michigan State Law Review 1 (Spring, 2010) Abstract. 1 Introduction. 2 I. The Perception of Citizenship. 6 A. Citizenship's Multitude of Meanings. 7 B. What Citizenship Looks Like: Categorical Cognition. 10 C. What Citizenship Feels Like: The Impact of Affect. 13 II. Citizenship Perception Strain in Crime and War. 16 A. The Contested Rights-Citizenship Linkage. 16 B. Rights-Citizenship in... 2010  
Margot K. Mendelson Constructing America: Mythmaking in U.s. Immigration Courts 119 Yale Law Journal 1012 (March, 2010) This Note argues that immigration courts have served and continue to serve as important sites for the perpetuation of national identity myths. By focusing on a subset of cases called cancellation of removal, I examine the functional criteria by which immigrants are granted exemption from deportation. Despite ostensibly neutral statutory... 2010  
Dale Rubin Corporate Personhood: How the Courts Have Employed Bogus Jurisprudence to Grant Corporations Constitutional Rights Intended for Individuals 28 Quinnipiac Law Review 523 (2010) There is no question that America is undergoing a crisis in governance. Special interests, usually operating through the corporate form, exert massive influence on our legislative bodies, both state and federal. During the recent Bush administration, Americans witnessed an unprecedented breakdown of the federal regulatory structure with a... 2010  
Dale E. Ho Dodging a Bullet: Mcdonald V. City of Chicago and the Limits of Progressive Originalism 19 William & Mary Bill of Rights Journal 369 (December, 2010) The Supreme Court's decision in last term's gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that we are all originalists now. Surprisingly, many progressive academics were disappointed. For progressive originalists, McDonald was a missed opportunity to overrule the... 2010  
Steve D. Shadowen Personal Dignity, Equal Opportunity, and the Elimination of Legacy Preferences 21 George Mason University Civil Rights Law Journal 31 (Fall 2010) Students with the wrong ancestry are denied equal access to almost all elite colleges and universities in the United States, nearly 85% of which admit students based in substantial part on whether they are children or grandchildren of the school's alumni. These legacy preferences--de jure distinctions based directly on descent from highly educated... 2010  
Deenesh Sohoni and Amin Vafa The Fight to Be American: Military Naturalization and Asian Citizenship 17 Asian American Law Journal 119 (2010) In 1862, Congress passed legislation granting foreigners serving in the U.S. military the right to expedited naturalization. Although driven by pragmatic concerns, military naturalization served as a powerful symbolic message: those willing to fight for the United States are worthy of its citizenship. At the same time, military naturalization... 2010  
Brook Thomas The Legal and Literary Complexities of U.s. Citizenship Around 1900 22 Law and Literature 307 (Summer, 2010) Abstract. One year before he argued Homer Plessy's case before the Supreme Court, Albion W. Tourgée wrote, Citizenship in the abstract is the most comprehensive, complex, difficult and important of human relations, and American citizenship is especially complex in its character and relations. This essay explores those complexities by... 2010  
Keith Aoki and John Shuford Welcome to Amerizona--immigrants Out!: Assessing "Dystopian Dreams" and "Usable Futures" of Immigration Reform, and Considering Whether "Immigration Regionalism" Is an Idea Whose Time Has Come 38 Fordham Urban Law Journal 1 (November, 2010) In this essay, we introduce the heuristics of dystopian dream and usable future to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism as reflected in legislative and law enforcement activities, policy proposals, speeches, and scholarship. We... 2010  
Rogers M. Smith BIRTHRIGHT CITIZENSHIP AND THE FOURTEENTH AMENDMENT IN 1868 AND 2008 11 University of Pennsylvania Journal of Constitutional Law 1329 (July, 2009) The framers of the Fourteenth Amendment sought to override the denial of jus soli birthright U.S. citizenship to African Americans in Dred Scott v. Sandford while at the same time excluding from such birthright citizenship all indigenous people who remained members of their native tribes. They struggled but ultimately failed to find language that... 2009 Yes
Cristina M. Rodríguez The Citizenship Clause, Original Meaning, and the Egalitarian Unity of the Fourteenth Amendment 11 University of Pennsylvania Journal of Constitutional Law 1363 (July, 2009) Section 1 of the Fourteenth Amendment begins by making clear that 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. Questions about the scope of this birthright citizenship rule were largely settled by the late nineteenth century,... 2009 Yes
John R. Hein Born in the U.s.a., but Not Natural Born: How Congressional Territorial Policy Bars Native-born Puerto Ricans from the Presidency 11 University of Pennsylvania Journal of Constitutional Law 423 (January, 2009) No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.... 2009  
Courtney Megan Cahill Celebrating the Differences That Could Make a Difference: United States V. Virginia and a New Vision of Sexual Equality 70 Ohio State Law Journal 943 (2009) I have taught Sexuality and the Law for the past five years, and each year when I begin the marriage section in that course my students, who as veterans of Constitutional Law are well versed in the right to marry cases, almost uniformly expect to read Loving v. Virginia. And why should I be surprised? That canonical marriage case struck down... 2009  
Steve D. Shadowen , Sozi P. Tulante and Shara L. Alpern No Distinctions Except Those Which Merit Originates: the Unlawfulness of Legacy Preferences in Public and Private Universities 49 Santa Clara Law Review 51 (2009) Legacy preferences in college admissions infringe fundamental American values. Preferring the applications of alumni children gives them a substantial benefit based not on merit, but lineage--on the identity, status, or accomplishments of their parents. Inherited preferences for publicly-available goods are appropriate only in status-based, feudal... 2009  
Scott Fruehwald Reciprocal Altruism as the Basis for Contract 47 University of Louisville Law Review 489 (Spring, 2009) Behavioral biology illuminates the basis of contract. Behavioral biologists believe that genes are selfish; they are only interested in their survival. However, reciprocal altruism-I'll scratch your back if you scratch mine-provides a basis for cooperation among humans that promotes survival. If two humans cooperate in obtaining and allocating... 2009  
Harvey Gee Review Essay: Asian Americans, Critical Race Theory, and the End of the Model Minority Myth 19 Temple Political & Civil Rights Law Review 149 (Fall 2009) The Myth of the Model Minority: Asian Americans Facing Racism by Rosalind S. Chou & Joe R. Feagin, Paradigm Publishers, Pp. 251 (2008) Race Law Stories, Foundation Press, Pp. 608 (eds. Rachel F. Moran & Devon W. Carbado 2008) Race issues are rarely spoken about in everyday conversation. In a speech to Justice Department employees marking Black... 2009  
Allen C. Guelzo The Most Awful Problem That Any Nation Ever Undertook to Solve: Reconstruction as a Crisis in Citizenship 12 Chapman Law Review 705 (Spring 2009) Reconstruction is the step-child of the Civil War, the black hole of American history. It lacks the conflict and the personalities that make the Civil War so colorful; it also lacks the climactic feuds and battles, and dissipates into a confusing and wearisome tale of lost opportunities, squalid victories, and embarrassing defeats whose ultimate... 2009  
MiaLisa McFarland and Evon M. Spangler A Parent's Undocumented Immigration Status Should Not Be Considered under the Best Interest of the Child Standard 35 William Mitchell Law Review 247 (2008) I. Introduction. 248 II. The Intersection of Family Law and Immigration. 250 A. Overview of Family Law. 250 B. Overview of Immigration Law. 251 C. The Intersection of Family and Immigration Law in Olupo v. Olupo. 252 III. Mixed-Status Families With Citizen Children. 254 A. Birthright Citizenship Regardless of Parents' Status. 254 B. Mixed-Status... 2008 Yes
William Ty Mayton Birthright Citizenship and the Civic Minimum 22 Georgetown Immigration Law Journal 221 (Winter, 2008) Citizens are essential to the democratic state, much as atoms of carbon, given their affinity to connect and bind among each other, are essential to life on this earth. The affinities, no less natural, of citizens are various. But a short list includes qualities of commitment and cooperation, some giving of themselves so as to produce a stock of... 2008 Yes
William Ty Mayton BIRTHRIGHT CITIZENSHIP AND THE CIVIC MINIMUM 22 Georgetown Immigration Law Journal 221 (Winter, 2008) Citizens are essential to the democratic state, much as atoms of carbon, given their affinity to connect and bind among each other, are essential to life on this earth. The affinities, no less natural, of citizens are various. But a short list includes qualities of commitment and cooperation, some giving of themselves so as to produce a stock of... 2008 Yes
Amanda Colvin Birthright Citizenship in the United States: Realities of De Facto Deportation and International Comparisons Toward Proposing a Solution 53 Saint Louis University Law Journal 219 (Fall 2008) [W]e are a nation of immigrants who, through citizenship, seek to fully embrace all that America is and hopes to be. Today, as in decades past for many immigrants, citizenship represents the ultimate in attaining the American dream. Citizenship acknowledges the exceptional value of the immigrants and bestows fuller acceptance into American society.... 2008 Yes
James C. Ho Birthright Citizenship, the Fourteenth Amendment, and State Authority 42 University of Richmond Law Review 969 (March, 2008) Chairman Swinford, Chairman King, and distinguished members: It is an honor to appear before this important joint committee hearing today to examine the issue of birthright citizenship and House Bill 28 by Representative Berman. The topic of immigration and border security generates considerable heat and passion. Many Texans feel strongly that... 2008 Yes
Nicole Newman Birthright Citizenship: the Fourteenth Amendment's Continuing Protection Against an American Caste System 28 Boston College Third World Law Journal 437 (Spring, 2008) Abstract: Intending to reverse Dred Scott and to abolish the southern Black Codes, Congress ratified the Fourteenth Amendment in 1868, guaranteeing automatic citizenship to most people born on U.S. soil. However, the Amendment's framers specifically excluded particular groups, including those considered not subject to the jurisdiction of the... 2008 Yes
Nicole Newman BIRTHRIGHT CITIZENSHIP: THE FOURTEENTH AMENDMENT'S CONTINUING PROTECTION AGAINST AN AMERICAN CASTE SYSTEM 28 Boston College Third World Law Journal 437 (Spring, 2008) Abstract: Intending to reverse Dred Scott and to abolish the southern Black Codes, Congress ratified the Fourteenth Amendment in 1868, guaranteeing automatic citizenship to most people born on U.S. soil. However, the Amendment's framers specifically excluded particular groups, including those considered not subject to the jurisdiction of the... 2008 Yes
Ernesto Hernández-López Global Migrations and Imagined Citizenship: Examples from Slavery, Chinese Exclusion, and When Questioning Birthright Citizenship 14 Texas Wesleyan Law Review 255 (Spring 2008) I. Introduction. 255 II. Global Migration and Re-Imagining National Identity. 259 III. 200 years, 150 years, and U.S. Citizenship: Ending the Transatlantic Slave Trade and Then Imagining in Dred Scott. 263 IV. 110 years, Chinese Migration, and Wong Kim Ark: Imagining Citizenship in New Global Contexts for the United States and China. 266 V. Current... 2008 Yes
Ernesto Hernández-López GLOBAL MIGRATIONS AND IMAGINED CITIZENSHIP: EXAMPLES FROM SLAVERY, CHINESE EXCLUSION, AND WHEN QUESTIONING BIRTHRIGHT CITIZENSHIP 14 Texas Wesleyan Law Review 255 (Spring 2008) I. Introduction. 255 II. Global Migration and Re-Imagining National Identity. 259 III. 200 years, 150 years, and U.S. Citizenship: Ending the Transatlantic Slave Trade and Then Imagining in Dred Scott. 263 IV. 110 years, Chinese Migration, and Wong Kim Ark: Imagining Citizenship in New Global Contexts for the United States and China. 266 V. Current... 2008 Yes
William M. Stevens Jurisdiction, Allegiance, and Consent: Revisiting the Forgotten Prong of the Fourteenth Amendment's Birthright Citizenship Clause in Light of Terrorism, Unprecedented Modern Population Migrations, Globalization, and Conflicting Cultures 14 Texas Wesleyan Law Review 337 (Spring 2008) I. Introduction. 340 A. Discussion. 340 B. Definitions. 343 C. Thesis. 344 D. Roadmap. 345 II. Why Revisit Birthright Citizenship?. 345 A. Demographics. 345 B. Magnets: Incentives to Illegal Entry. 346 C. An Inadequate Measure of Expression. 347 D. Anchor Babies. 349 E. Split Families, Chain Migration, and Dual Citizenship. 350 III. Theories of... 2008 Yes
William M. Stevens JURISDICTION, ALLEGIANCE, AND CONSENT: REVISITING THE FORGOTTEN PRONG OF THE FOURTEENTH AMENDMENT'S BIRTHRIGHT CITIZENSHIP CLAUSE IN LIGHT OF TERRORISM, UNPRECEDENTED MODERN POPULATION MIGRATIONS, GLOBALIZATION, AND CONFLICTING CULTURES 14 Texas Wesleyan Law Review 337 (Spring 2008) I. Introduction. 340 A. Discussion. 340 B. Definitions. 343 C. Thesis. 344 D. Roadmap. 345 II. Why Revisit Birthright Citizenship?. 345 A. Demographics. 345 B. Magnets: Incentives to Illegal Entry. 346 C. An Inadequate Measure of Expression. 347 D. Anchor Babies. 349 E. Split Families, Chain Migration, and Dual Citizenship. 350 III. Theories of... 2008 Yes
Sara Catherine Barnhart Second Class Delivery: the Elimination of Birthright Citizenship as a Repeal of "The Pursuit of Happiness" 42 Georgia Law Review 525 (Winter, 2008) Immigrants are dirty and lazy . . . . They will never be Americans like us. Historically, anti-immigration backlashes have followed large waves of immigration to the United States. Nativism was evident in America as early as the days of Benjamin Franklin even though, aside from the Native Americans, few Americans were truly native.... 2008 Yes
Sara Catherine Barnhart SECOND CLASS DELIVERY: THE ELIMINATION OF BIRTHRIGHT CITIZENSHIP AS A REPEAL OF "THE PURSUIT OF HAPPINESS" 42 Georgia Law Review 525 (Winter, 2008) Immigrants are dirty and lazy . . . . They will never be Americans like us. Historically, anti-immigration backlashes have followed large waves of immigration to the United States. Nativism was evident in America as early as the days of Benjamin Franklin even though, aside from the Native Americans, few Americans were truly native.... 2008 Yes
Priscilla Huang Anchor Babies, Over-breeders, and the Population Bomb: the Reemergence of Nativism and Population Control in Anti-immigration Policies 2 Harvard Law & Policy Review 385 (Summer, 2008) At the start of 2008, news of a baby boomlet made headlines. For the first time in 35 years, the U.S. fertility rate, or average number of children born to each woman, reached 2.1 in 2006, the number statisticians say is needed for a population to replace itself. Demographers pointed to an increase in the number of immigrants as a main reason for... 2008  
  Book Notes 33 Law and Social Inquiry 1111 (Fall, 2008) L1-2CONTENTS Rights. 1112 Criminal Justice and Social Control. 1113 Public Regulation. 1114 Dispute Resolution. 1114 Courts and Judges. 1114 US Supreme Court. 1115 Legal Profession. 1116 Sociolegal Theory. 1116 Constitutional Theory And History. 1116 Law and Other Disciplines. 1117 Law and The Media. 1117 Law and Race. 1118 Law and Women. 1118 Law... 2008  
Jennifer M. Chacón Citizenship and Family: Revisiting Dred Scott 27 Washington University Journal of Law and Policy 45 (2008) At its core, the case of Dred Scott v. Sandford was a case about family. The case was a tort claim filed by Dred Scott in response to an assault upon him and his family members. His citizenship claim was instrumental to the tort action, because his ability to sue the defendant, John Sanford, on a diversity jurisdiction theory required that the... 2008  
Lisa Maria Perez Citizenship Denied: the Insular Cases and the Fourteenth Amendment 94 Virginia Law Review 1029 (June, 2008) PURSUANT to the doctrine of territorial incorporation established in the Insular Cases, Puerto Rico is an unincorporated territory, and as such, it does not form part of the United States within the meaning of the Constitution. As a result, persons born in Puerto Rico are not born in the United States under the Fourteenth Amendment and are not... 2008  
Rebecca E. Zietlow Congressional Enforcement of the Rights of Citizenship 56 Drake Law Review 1015 (Summer 2008) I. Introduction. 1015 II. Reconstruction and the Rights of Citizenship. 1019 A. The Roots of the Reconstruction Model of Citizenship Rights. 1020 B. Citizenship and the Thirteenth Amendment. 1024 C. The Fourteenth Amendment and Congressional Power. 1026 D. The Reconstruction Theory of Citizenship. 1029 E. Citizenship and Exclusion in the... 2008  
Taunya Lovell Banks Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood and Racialized Identity in Seventeenth Century Colonial Virginia 41 Akron Law Review 799 (2008) I. Introduction. 799 II. English Subjecthood in the Sixteenth and Early Seventeen Century. 804 III. Elizabeth's Legal Theories. 809 A. Introduction. 809 B. Status of the Child Follows the Father (partus sequitur partem). 812 C. Indentured Servant versus Slave. 820 D. Christianity as a Marker of Free Status. 824 IV. Reflections on the Disposition of... 2008  
Mary Romero Go after the Women: Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women and Their Children 83 Indiana Law Journal 1355 (Fall, 2008) Protect Our Children, Secure Our Borders! is the rallying cry adopted by Mothers Against Illegal Aliens (MAIA), an Arizona-based women's anti-immigration group founded by Michelle Dallacroce in January 2006. Like other race-based nativist groups emerging in the United States, MAIA targets immigrants as the reason for overcrowded and low-achieving... 2008  
Goodwin Liu History Will Be Heard: an Appraisal of the Seattle/louisville Decision 2 Harvard Law & Policy Review 53 (Winter, 2008) The Supreme Court's recent decision on voluntary school desegregation can be read at many levels. Doctrinally, the Court adopted a stringent view of narrow tailoring that forbids the use of racial classifications to integrate public schools except as a last resort, even as five Justices agreed that school districts have a compelling interest in... 2008  
Gerard N. Magliocca Indians and Invaders: the Citizenship Clause and Illegal Aliens 10 University of Pennsylvania Journal of Constitutional Law 499 (March, 2008) The Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions and qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or... 2008  
John A. Powell and Stephen Menendian Little Rock and the Legacy of Dred Scott 52 Saint Louis University Law Journal 1153 (Summer, 2008) In 1954, the Supreme Court of the United States issued its celebrated decision in Brown v. Board of Education declaring that the doctrine of separate but equal announced in Plessy v. Ferguson was thereafter unconstitutional. In spite of this ringing pronouncement, Southern school boards were slow to take up the task of disestablishing state... 2008  
Cleveland Ferguson III Of Republicrats and Dempublicans: Can African American Voting Patterns at the Local Level Translate into Broader Support for National Republican Candidates? 19 University of Florida Journal of Law and Public Policy 191 (August, 2008) The 2008 election season offers Americans in general, and voters in particular, the rare opportunity to impact the country's direction. This election forces voters to grapple with its historical identity, acknowledge its recent challenges, and prepare for its future. This is not an election where voters base their decision on which candidate would... 2008  
John A. Powell and Stephen Menendian Parents Involved: the Mantle of Brown, the Shadow of Plessy 46 University of Louisville Law Review 631 (2008) Amidst heightened public awareness over persisting levels of racial segregation in our public schools, an awareness brought to public view in the debate over the Supreme Court's recent decisions in the Seattle and Louisville school districts and upon reflection on the fiftieth anniversary of the Little Rock Nine, there is a recurring national... 2008  
Goodwin Liu The First Justice Harlan 96 California Law Review 1383 (October, 2008) As a scholar of constitutional law and educational policy, I have been busy trying to sort out a recent Supreme Court decision that lies at the nexus of these areas. I am referring to the Seattle and Louisville voluntary school desegregation cases decided in Parents Involved in Community Schools v. Seattle School District No. 1. There is a lot to... 2008  
Michael Kent Curtis The Fourteenth Amendment: Recalling What the Court Forgot 56 Drake Law Review 911 (Summer 2008) I. Overview. 912 II. The Uses of the Past. 912 A. Constitutional Provisions: Forgetting and Recalling. 914 III. The Fourteenth Amendment: How Its Primary Provisions Were Forgotten and Its Enforcement Was Hobbled. 917 A. The Fourteenth Amendment Remembered in Context. 917 B. The Amendment's Privileges or Immunities Clause: Forgotten or Perhaps Just... 2008  
Devon W. Carbado and Rachel F. Moran The Story of Law and American Racial Consciousness: Building a Canon One Case at a Time 76 UMKC Law Review 851 (Spring, 2008) How does one tell a story about establishing an American race law cannon? This was precisely the question that confronted us as we conceived Race Law Stories, an edited volume of essays on important cases on race and the law. At the outset, we had to engage the question of whether we even need a race law canon. The answer is not obviously yes.... 2008  
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