AuthorTitleCitationSummaryYearKeyTerm
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  
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
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
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  
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
  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  
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
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  
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
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  
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
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  
Mae M. Ngai Birthright Citizenship and the Alien Citizen 75 Fordham Law Review 2521 (April, 2007) The alien citizen is an American citizen by virtue of her birth in the United States but whose citizenship is suspect, if not denied, on account of the racialized identity of her immigrant ancestry. In this construction, the foreignness of non-European peoples is deemed unalterable, making nationality a kind of racial trait. Alienage, then, becomes... 2007 Yes
Mae M. Ngai BIRTHRIGHT CITIZENSHIP AND THE ALIEN CITIZEN 75 Fordham Law Review 2521 (April, 2007) The alien citizen is an American citizen by virtue of her birth in the United States but whose citizenship is suspect, if not denied, on account of the racialized identity of her immigrant ancestry. In this construction, the foreignness of non-European peoples is deemed unalterable, making nationality a kind of racial trait. Alienage, then, becomes... 2007 Yes
  Birthright Citizenship Roundtable 33-FALL Administrative & Regulatory Law News 3 (Fall, 2007) Throughout the history of The Immigration and Nationality Act of 1952 (INA), there have been calls from the public to control immigration in various ways. The most recent debates about immigration reform have focused on people who have entered the country without authorization. Included in this debate is the claim that there are some individuals,... 2007 Yes
  BIRTHRIGHT CITIZENSHIP ROUNDTABLE 33-FALL Administrative & Regulatory Law News 3 (Fall, 2007) Throughout the history of The Immigration and Nationality Act of 1952 (INA), there have been calls from the public to control immigration in various ways. The most recent debates about immigration reform have focused on people who have entered the country without authorization. Included in this debate is the claim that there are some individuals,... 2007 Yes
James C. Ho Birthright Citizenship, the Fourteenth Amendment, and the Texas Legislature 12 Texas Review of Law and Politics 161 (Fall 2007) 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... 2007 Yes
Natsu Taylor Saito Border Constructions: Immigration Enforcement and Territorial Presumptions 10 Journal of Gender, Race and Justice 193 (Winter 2007) Securing our border is essential to securing the homeland. . . . I appreciate once again being here with the Border and Immigration Security officers. . . . By defending our border, you're defending our liberty, and our citizens, and our way of life. President George W. Bush, November 28, 2005, Tucson, Arizona In the post-September 11th world,... 2007  
Jennifer Gordon and R. A. Lenhardt Citizenship Talk: Bridging the Gap Between Immigration and Race Perspectives 75 Fordham Law Review 2493 (April, 2007) The breadth of citizenship as an analytical framework is amply demonstrated by the proceedings of this Symposium. Its very richness, however, creates challenges for the scholars working within its ambit. Others have discussed the need for clarity in parsing the multiple meanings of the concept. A different challenge, less explored, is that of... 2007  
David Abraham Constitutional Patriotism, Citizenship and Belonging in America and Germany 16 Temple Political & Civil Rights Law Review 457 (Spring 2007) In these pages, I address the utility and shortcomings of constitutional patriotism as a basis for politics of solidarity and redistribution in immigrant societies. In particular, I want to figure out if an historical-cultural principle may be added to the abstract and formal-legal demands of constitutionalism. Of course, the Left has more than... 2007  
Henry L. Chambers, Jr. Dred Scott: Tiered Citizenship and Tiered Personhood 82 Chicago-Kent Law Review 209 (2007) Dred Scott v. Sandford is one of the most troubling opinions ever issued by the United States Supreme Court. Though its deficiencies are legion, the particular problem this brief essay focuses on is the opinion's acceptance and perpetuation of the notion that America affords multiple tiers of citizenship and multiple tiers of personhood. The tiered... 2007  
Henry L. Chambers, Jr. DRED SCOTT: TIERED CITIZENSHIP AND TIERED PERSONHOOD 82 Chicago-Kent Law Review 209 (2007) Dred Scott v. Sandford is one of the most troubling opinions ever issued by the United States Supreme Court. Though its deficiencies are legion, the particular problem this brief essay focuses on is the opinion's acceptance and perpetuation of the notion that America affords multiple tiers of citizenship and multiple tiers of personhood. The tiered... 2007  
Jennifer S. Hendricks Essentially a Mother 13 William and Mary Journal of Women and the Law 429 (Winter, 2007) This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental... 2007  
Leti Volpp The Culture of Citizenship 8 Theoretical Inquiries in Law 571 (July, 2007) The headscarf debate in France exemplifies what is widely perceived as the battle between a culture-free citizenship and a culturally-laden other. This battle, however, presumes the existence of a neutral state that must either tolerate or ban particular cultural differences. In this Article, I challenge that presumption by demonstrating how both... 2007  
David H. Gans The Unitary Fourteenth Amendment 56 Emory Law Journal 907 (2007) In modern constitutional adjudication, Section 1 of the Fourteenth Amendment has been sliced and diced into the specific clauses that make up the Amendment's constitutional guarantees. Instead of reading the Amendment's guarantees as a whole, we normally analyze the meaning of the various clauses that make up Section 1 in isolation from one... 2007  
Robert Knowles and Marc D. Falkoff Toward a Limited-government Theory of Extraterritorial Detention 62 New York University Annual Survey of American Law 637 (2007) The United States military's detention of hundreds of men at the Naval Base at Guantánamo Bay since January 2002 has drawn intense international condemnation, focused mainly on the United States' refusal to afford the detainees minimal due process protections. For years the Bush administration has maintained that the detainees possess no rights... 2007  
Audrey Macklin Who Is the Citizen's Other? Considering the Heft of Citizenship 8 Theoretical Inquiries in Law 333 (July, 2007) The objective of this Article is to integrate legal and social conceptions of citizenship as they materialize at the geographic, political, and social border crossings that accompany transnational mobility. Rather than pose the question who is the citizen?, I ask who is the citizen's Other?, partly as a means of surfacing what we mean by... 2007  
Khiara M. Bridges Wily Patients, Welfare Queens, and the Reiteration of Race in the U.s. 17 Texas Journal of Women and the Law 1 (Fall 2007) I. Introduction. 1 II. On Wily Patients. 4 A. Patient Stupidity. 4 B. Patient Duplicity. 6 III. On Wily Patients and Welfare Queens. 12 A. Implicit Racializations: A Genealogy of the Welfare Queen's Blackness. 15 1. Race and Deservingness. 16 2. Deservingness and Capitalism. 19 3. Capitalism and American -ness. 20 4. American -ness and... 2007  
Katherine Pettit Addressing the Call for the Elimination of Birthright Citizenship in the United States: Constitutional and Pragmatic Reasons to Keep Birthright Citizenship Intact 15 Tulane Journal of International and Comparative Law 265 (Winter 2006) I. Introduction. 265 II. Legal Background. 266 A. Current Political Context in the United States. 266 B. Current Law of the United States. 267 C. International Law. 270 III. The United States Is Not in a Unique Historical Situation That Necessitates Repealing Birthright Citizenship. 272 A. The United States Previously Attempted and Ultimately... 2006 Yes
Katherine Pettit ADDRESSING THE CALL FOR THE ELIMINATION OF BIRTHRIGHT CITIZENSHIP IN THE UNITED STATES: CONSTITUTIONAL AND PRAGMATIC REASONS TO KEEP BIRTHRIGHT CITIZENSHIP INTACT 15 Tulane Journal of International and Comparative Law 265 (Winter 2006) I. Introduction. 265 II. Legal Background. 266 A. Current Political Context in the United States. 266 B. Current Law of the United States. 267 C. International Law. 270 III. The United States Is Not in a Unique Historical Situation That Necessitates Repealing Birthright Citizenship. 272 A. The United States Previously Attempted and Ultimately... 2006 Yes
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