AuthorTitleCitationSummaryYearKeyTerm
Victor M. Hwang Brief of Amici Curiae Asian Pacific Islander Legal Outreach and 28 Asian Pacific American Organizations, in Support of All Respondents in the Six Consolidated Marriage Cases, Lancy Woo and Cristy Chung, et Al., Respondents, V. Bill Lockyer, et Al., Appell 13 Asian American Law Journal 119 (November, 2006) Asian and Pacific Islander (API) people in this country are intimately familiar with the enormous harm that marriage discrimination causes families, individuals, and communities. Since the very beginning of our immigration to the United States and for much our history in California, Asians and Pacific Islanders have been denied equal access to... 2006  
James C. Ho Defining "American" 9 Green Bag 367 (Summer, 2006) In response to increasing frustration with illegal immigration, lawmakers and activists are hotly debating various proposals to combat incentives to enter the United States outside legal channels. Economic opportunity is the strongest attraction, of course. But another magnet, some contend, is a long-standing provision of U.S. law that confers... 2006  
Bezalel Stern Huck Finn and the Civil Rights Cases: a Case Study in Supreme Court Influence 30 Columbia Journal of Law & the Arts 79 (Fall 2006) While it was not long ago a revolutionary idea, today it virtually goes unquestioned that literature in the United States is influenced by the law. America is a litigious society, one whose very essence is based on legal doctrine. The Constitution of the United States, the founding document and perhaps the first great work of American literature,... 2006  
Brooke Kirkland Limiting the Application of Jus Soli: the Resulting Status of Undocumented Children in the United States 12 Buffalo Human Rights Law Re (iew 197)v (2006) Since the mid-1990s, politically conservative members of the public and Congress have proposed restricting the availability of citizenship under United States (U.S.) law. Until recently, proposals to limit the application of jus soli (or birthright citizenship) to children of citizens and lawful permanent residents - thereby abolishing its... 2006 Yes
Ediberto Román The Citizenship Dialectic 20 Georgetown Immigration Law Journal 557 (Summer, 2006) I. Introduction. 558 II. The Classic Construction of Citizenship. 563 A. Citizenship's Equality Component. 564 B. The Exclusionary Aspect. 568 C. The Modern Construction. 572 III. Subordinates in Law. 579 A. The Indigenous People. 580 B. The Territorial Island Inhabitants. 585 IV. Subordinates in Fact?. 589 A. African-Americans. 589 B.... 2006  
  11. Birthright Citizenship Legislation Analyzed; Congressman Seeks Court Nominee's Views 82 Interpreter Releases Report and analysis of immigration and nationality law 1892 (November 21, 2005) In November 2005, the Congressional Research Service (CRS) updated a report entitled U.S. Citizenship of Persons Born in the United States to Alien Parents (order code RL33079). The report discusses some of the legislation introduced in recent Congresses that were intended to alter the grant of birthright citizenship to persons born in the U.S.... 2005 Yes
James J. Friedberg Ambiguity, Sovereignty, and Identity in Ireland: Peace and Transition 20 Ohio State Journal on Dispute Resolution 113 (2005) I. Introduction. 114 II. Constructive and Destructive Ambiguity. 115 III. Vocabulary and Ambiguity: The Agreement. 122 IV. History 1. 123 V. Vocabulary and Ambiguity: Ulster. 128 VI. History 2. 129 VII. Vocabulary and Ambiguity: Nationalist and Republican. 132 VIII. Dialogue 1. 133 IX. Good Friday Agreement (Decommissioning Excerpt). 137 X.... 2005  
Antonia Hernandez American Citizenship Post 9-11 1 Stanford Journal of Civil Rights & Civil Liberties 289 (April, 2005) As an immigrant, the child of a United States-citizen father whose family was deported to Mexico during the Depression, as an attorney who has for over twenty-five years sought to change our immigration laws, and as the former President and General Counsel of MALDEF, the Mexican American Legal Defense and Educational Fund, I believe that I have... 2005  
John Hayakawa Torok Asian American Jurisprudence: on Curriculum 2005 Michigan State Law Review 635 (Summer 2005) Introduction. 636 I. Some Background for Early Asian American Jurisprudence. 642 II. Preliminary Questions. 649 A. What Is Asian American?. 649 B. Does Asian American Jurisprudence Differ from Asian American Studies?. 657 C. What Makes it Jurisprudence?. 660 III. Columbia Asian American Jurisprudence Classes--1997-1999. 662 A. Antecedents of... 2005  
Leti Volpp Divesting Citizenship: on Asian American History and the Loss of Citizenship Through Marriage 53 UCLA Law Review 405 (December, 2005) This Article narrates a sorely neglected legal history, that of the intersection between race, gender, and American citizenship through the first third of the twentieth century. It is a little known fact that marriage once functioned to exile U.S. citizen women from their country; moreover, how racial barriers to citizenship shaped expatriation and... 2005  
Nancy E. Dowd Fathers and the Supreme Court: Founding Fathers and Nurturing Fathers 54 Emory Law Journal 1271 (Summer 2005) Fathers have not fared well recently in the Supreme Court. Despite the predominance of men on the Court, fathers, especially unmarried fathers, largely have been treated as insignificant, irrelevant, and marginal parents. Their relational interests have gone unrecognized and unsupported. While marriage may confer greater legal solicitude, that... 2005  
Natsu Taylor Saito Interning the "Non-alien" Other: the Illusory Protections of Citizenship 68-SPG Law and Contemporary Problems 173 (Spring 2005) Korematsu remains on the pages of our legal and political history. As a legal precedent is it now recognized as having very limited application. As historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees. It stands as a caution... 2005  
Sarah Helene Duggin and Mary Beth Collins 'Natural Born' in the Usa: the Striking Unfairness and Dangerous Ambiguity of the Constitution's Presidential Qualifications Clause and Why We Need to Fix it 85 Boston University Law Review 53 (February, 2005) Introduction. 54 I. Fending Off Princes and Protecting The Nation: The Historical and Legal Context of the Proviso. 63 A. The Origins of the Natural Born Citizenship Clause. 63 1. The Proviso as a Response to Fears of Foreign Monarchs. 69 2. Natural Born Citizenship and the Common Law. 70 B. The Proviso's Interplay with Naturalization Laws and Key... 2005  
Lenese Herbert Plantation Lullabies: How Fourth Amendment Policing Violates the Fourteenth Amendment Right of African Americans to Parent 19 Saint John's Journal of Legal Commentary 197 (Winter/Spring 2005) A society that does not protect its adults cannot protect its children. Lullabies, dulcet melodies becalm and promise comfort, safety, and security midst their stanzas and refrain. Peaceful, restorative slumber is the goal; relaxation is a prerequisite. The child, recipient of such calming energy, is rendered impervious to her worldly woes,... 2005  
Alexander Tsesis The Boundaries of Free Speech 8 Harvard Latino Law Review 141 (Spring, 2005) Understanding Words that Wound. By Richard Delgado & Jean Stefancic. Boulder: Westview Press, 2004. Pp. 238. $27.00. Hate speakers continue to target the Latino community, threatening the well-being of citizens and immigrants alike. In Understanding Words that Wound, Richard Delgado and Jean Stefancic address the immediate danger of hate speech to... 2005  
Malinda L. Seymore The Presidency and the Meaning of Citizenship 2005 Brigham Young University Law Review 927 (2005) No Person except a natural born Citizen . . . of the United States . . . shall be eligible to the Office of President. U.S. Constitution Who is the us in the U.S.? Leti Volpp The fundamental political relation of citizenship . . . [is] a relation of citizens within the basic structure of society, a structure we enter only by birth and exit only... 2005  
Juliet Stumpf Citizens of an Enemy Land: Enemy Combatants, Aliens, and the Constitutional Rights of the Pseudo-citizen 38 U.C. Davis Law Review 79 (November, 2004) Does citizenship as we know it still exist in the post-September 11 world? Do the exigencies of war require an inquiry into who among the citizenry is legitimately a citizen? Two cases in which the government detained U.S. citizens as enemy combatants resolve these questions in conflicting ways. Hamdi v. Rumsfeld and Rumsfeld v. Padilla each raised... 2004  
Gerald L. Neuman Closing the Guantanamo Loophole 50 Loyola Law Review 1 (Spring 2004) The constitutional status of the Guantanamo Bay Naval Base on the island of Cuba has suddenly gone from an issue of esoteric interest to refugee lawyers to a problem attracting intense global attention. The Administration's claims concerning a total absence of legal constraints on its actions at Guantanamo have become a national disgrace. The... 2004  
Jerry Kang Denying Prejudice: Internment, Redress, and Denial 51 UCLA Law Review 933 (April, 2004) In the early 1980s, Fred Korematsu, Minoru Yasui, and Gordon Hirabayashi marched back into the federal courts that convicted them during World War II for defying the internment of persons of Japanese descent. Relying on suppressed exculpatory evidence discovered in the national archives, they filed writs of error coram nobis to overturn their... 2004  
Harvey Gee From Bakke to Grutter and Beyond: Asian Americans and Diversity in America 9 Texas Journal on Civil Liberties & Civil Rights 129 (Spring 2004) At a recent speech to a group of Chicago lawyers delivered at a luncheon held in his honor, United States Supreme Court Justice John Paul Stevens spoke about his thoughts on the recent Court decisions concerning the University of Michigan law school's race-conscious admissions policies. In a rare moment, Justice Stevens spoke about the internal... 2004  
Bethany R. Berger Power over this Unfortunate Race: Race, Politics and Indian Law in United States V. Rogers 45 William and Mary Law Review 1957 (April, 2004) C1-5Table of Contents L1-4,T4Introduction 1960 I. L2-4,T4The Rogers Decision 1965 II. L2-4,T4Unmasking the Law 1970 A. L3-4,T4Indian Law Before Rogers in Congress and the Court 1970. B. L3-4,T4Back to the Facts 1981. 1. Developing the Test Case. 1982 2. Fabricating a Jurisdictional Gap. 1992 3. Prosecuting the Dead Defendant. 1998 III. L2-4,T4The... 2004  
Tom I. Romero, II The "Tri-ethnic" Dilemma: Race, Equality, and the Fourteenth Amendment in the American West 13 Temple Political & Civil Rights Law Review 817 (Spring 2004) In 1973, the Supreme Court for the first time had before it a non-Southern school desegregation case, Keyes v. School District Number One. Petitioners, a group of Mexican American and African American parents, sought to integrate segregated schools located in downtown and northeast Denver, Colorado. One issue that particularly vexed the Justices... 2004  
Clare Sheridan Another White Race: Mexican Americans and the Paradox of Whiteness in Jury Selection 21 Law and History Review 109 (Spring, 2003) Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality. Hirabayashi v. U.S. In 1954, seventy-four years after the U.S. Supreme Court held that African Americans could not be banned from jury service by statute, and fifty-four years... 2003  
Naomi Mezey Erasure and Recognition: the Census, Race and the National Imagination 97 Northwestern University Law Review 1701 (Summer 2003) The census is one of our relatively few national, secular ceremonies. It provides a sense of social cohesion, and a kind of non-religious communion: we enter the census apparatus as individual identities with a handful of characteristics; then later we receive from the census a group snapshot of ourselves at the ceremony date. -- William Kruskal... 2003  
Victor C. Romero Proxies for Loyalty in Constitutional Immigration Law: Citizenship and Race after September 11 52 DePaul Law Review 871 (Spring 2003) I want to share with you some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between... 2003  
James W. Fox Jr. Relational Contract Theory and Democratic Citizenship 54 Case Western Reserve Law Review 1 (Fall, 2003) Relational contract theory has done much to re-center our understanding of contract and contract law. Most contracts casebooks now include materials on long-term contracting and the variations in standard contract law necessitated by these relations. As Professor Robert Scott recently said, [w]e are all relationalists now. Yet even with the... 2003  
Gerard N. Magliocca The Cherokee Removal and the Fourteenth Amendment 53 Duke Law Journal 875 (December, 2003) This Article recasts the original understanding of the Fourteenth Amendment by showing how its drafters were influenced by the events that culminated in The Trail of Tears. A fresh review of the primary sources reveals that the removal of the Cherokee Tribe by President Andrew Jackson was a seminal moment that sparked the growth of the abolitionist... 2003  
Natsu Taylor Saito The Enduring Effect of the Chinese Exclusion Cases: the "Plenary Power" Justification for On-going Abuses of Human Rights 10 Asian Law Journal 13 (May, 2003) We tend to think of Chae Chan Ping v. United States and the other Chinese exclusion cases of the late 1800s as a remnant of the racist past of Asian exclusion and segregation in America. However, these cases have had a tenacious grip on American law, and are very much alive and well. In the Chinese exclusion cases the Supreme Court first... 2003  
Sarah H. Cleveland Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power over Foreign Affairs 81 Texas Law Review 1 (November, 2002) I. Introduction. 3 II. Sovereignty and the Constitution. 15 A. Sovereignty. 15 B. The Constitution's Scope. 17 1. Enumerated Powers-Limited Government. 19 2. Social Contract-Membership. 20 3. Territoriality. 22 III. Inherent Power Over Indian Tribes. 25 A. Indians and Sovereignty under International Law. 28 B. The Doctrine of Discovery and The... 2002  
Tamra M. Boyd Keeping the Constitution's Promise: an Argument for Greater Judicial Scrutiny of Federal Alienage Classifications 54 Stanford Law Review 319 (November, 2001) Aliens . domiciled within our country by its consent, are entitled to all the guaranties for the protection of their persons and property which are secured to native-born citizens .. Arbitrary and despotic power can no more be exercised over them, with reference to their persons and property, than over the persons and property of native-born... 2001  
Leti Volpp Obnoxious to Their Very Nature : Asian Americans and Constitutional Citizenship 8 Asian Law Journal 71 (May, 2001) [T]he American of Asian descent remains the symbolic alien, the metonym for Asia who by definition cannot be imagined as sharing in America (Lowe, 1996, p. 6). The terms Asian American and American citizenship stand in curious juxtaposition. It might be thought that the latter easily embraces the former, but historically this has not been the... 2001  
Bernadette Meyler The Gestation of Birthright Citizenship, 1868-1898 States' Rights, the Law of Nations, and Mutual Consent 15 Georgetown Immigration Law Journal 519 (Spring, 2001) During the late nineteenth century, following the passage of the Fourteenth Amendment, a series of debates were staged over the definition of citizenship. These included controversies about the scope of citizenship by birthwhom it encompassed and what rights it conferred. Each participant in the discussion was obliged to contend with the... 2001 Yes
Bernadette Meyler THE GESTATION OF BIRTHRIGHT CITIZENSHIP, 1868-1898 STATES' RIGHTS, THE LAW OF NATIONS, AND MUTUAL CONSENT 15 Georgetown Immigration Law Journal 519 (Spring, 2001) During the late nineteenth century, following the passage of the Fourteenth Amendment, a series of debates were staged over the definition of citizenship. These included controversies about the scope of citizenship by birthwhom it encompassed and what rights it conferred. Each participant in the discussion was obliged to contend with the... 2001 Yes
Harvey Gee The Refugee Burden: a Closer Look at the Refugee Act of 1980 26 North Carolina Journal of International Law and Commercial Regulation 559 (Spring 2001) I. Introduction. 560 II. Immigration, Policymaking, and the Law. 563 A. Citizenship and Community: The Racial and Cultural Politics of Belonging and the Plenary Power and Judicial Review. 563 B. Sharing the Burden of Refugees. 572 III. Reinterpreting Old Laws with New Perspectives. 573 IV. The Refugee Act of 1980 . 577 A. A Critical Theory of the... 2001  
Akhil Reed Amar The Second Amendment: a Case Study in Constitutional Interpretation 2001 Utah Law Review 889 (2001) The Rocky Mountain West is gun country in popular folklore and probably also in fact. Reliable numbers are hard to come by, but in one recent survey estimating the percentage of households with handguns, the Mountain states ranked well above the national average--and this in a nation with one of the highest per capita gun ownership rates in the... 2001  
Michael Robert W. Houston Birthright Citizenship in the United Kingdom and the United States: a Comparative Analysis of the Common Law Basis for Granting Citizenship to Children Born of Illegal Immigrants 33 Vanderbilt Journal of Transnational Law 693 (May, 2000) The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment's Citizenship Clause, which confers citizenship on those born within the United States and subject to its jurisdiction. Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United... 2000 Yes
Michael Robert W. Houston BIRTHRIGHT CITIZENSHIP IN THE UNITED KINGDOM AND THE UNITED STATES: A COMPARATIVE ANALYSIS OF THE COMMON LAW BASIS FOR GRANTING CITIZENSHIP TO CHILDREN BORN OF ILLEGAL IMMIGRANTS 33 Vanderbilt Journal of Transnational Law 693 (May, 2000) The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment's Citizenship Clause, which confers citizenship on those born within the United States and subject to its jurisdiction. Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United... 2000 Yes
Kif Augustine-Adams Gendered States: a Comparative Construction of Citizenship and Nation 41 Virginia Journal of International Law 93 (Fall 2000) I. Introduction. 94 II. Differential Treatment of Men and Women Upheld. 99 A. Miller v. Albright, Supreme Court of the United States, 1998. 99 1. Unmarried Women Birth Citizens; Unmarried Men Leave Behind Children. 99 2. Justice Stevens's Opinion and Section 1409. 101 a. An Essentialized Approach to Gender. 101 b. Legal Fatherhood; Natural... 2000  
Anthony E. Cook King and the Beloved Community: a Communitarian Defense of Black Reparations 68 George Washington Law Review 959 (July/September, 2000) Much to the surprise and dismay of many, Dr. Martin Luther King, Jr. advocated that America pay reparations to black Americans for the unpaid wages of slavery. This paper argues that King's call for reparations is wholly consistent with his conception of a Beloved Community, a socio-spiritual vision of a transformed America. As a communitarian who... 2000  
Ediberto Román Members and Outsiders: an Examination of the Models of United States Citizenship as Well as Questions Concerning European Union Citizenship 9 University of Miami International and Comparative Law Review 81 (2000/2001) I. L2-3,T3Introduction 81 II. L2-3,T3The Scope of American Citizenship 82 III. L2-3,T3The Models of United States Citizenship 88 A. The True Fourteenth Amendment Citizens. 89 B. The Other Fourteenth Amendment Citizens. 90 C. The Alien-Citizens. 100 IV. L2-3,T3European Union Citizenship 107 V. L2-3,T3Conclusion 113 2000  
Kevin R. Johnson Race and Immigration Law and Enforcement: a Response to Is There a Plenary Power Doctrine? 14 Georgetown Immigration Law Journal 289 (Winter, 2000) Professor Jack Chin has written a provocative paper that, as is characteristic of his work, has much to commend to it. His basic thesis is that the gulf between the constitutional law of immigration and that which applies to citizens is not as great as is frequently stated. To support this novel argument, he takes on the ambitious task of comparing... 2000  
Kevin R. Johnson Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique 2000 University of Illinois Law Review 525 (2000) After the elimination of the discriminatory national origins quota system in 1965, the United States experienced a dramatic change in the demographics of immigration. Many more immigrants of color from developing nations have come to this country since the revolutionary reform. Over the decades following the elimination of the quota system, public... 2000  
Kevin R. Johnson The Case Against Race Profiling in Immigration Enforcement 78 Washington University Law Quarterly 675 (Fall 2000) I. Introduction. 676 II. Race Profiling in Criminal Law Enforcement. 680 A. Harms. 684 B. Legal Remedies. 685 III. Race Profiling in Immigration Law Enforcement. 688 A. Law in Books. 692 B. Law in Action. 696 1. On the Roads. 697 2. In the Workplace. 703 3. The Lack of Effective Remedies. 705 C. The Need for Change. 707 1. Over-Inclusiveness. 707... 2000  
Victor C. Romero The Domestic Fourth Amendment Rights of Undocumented Immigrants: on Guitterez and the Tort Law/immigration Law Parallel 35 Harvard Civil Rights-Civil Liberties Law Review 57 (Winter, 2000) American history might suggest that our affection towards immigrants waxes and wanes like everything else, but the current anti-immigrant backlash has seen unprecedented attacks on immigrants' rights. Through California's Proposition 187, the denial of welfare benefits to certain classes of legal permanent residents, and the curtailment of judicial... 2000  
Kristen D.A. Carpenter The International Covenant on Civil and Political Rights: a Toothless Tiger? 26 North Carolina Journal of International Law and Commercial Regulation 1 (Fall 2000) Great nations like great men must keep their word. When America says something, America means it, whether a treaty or an agreement or a vow made on marble steps. -- President George Bush In late November 1996, an elderly Danish gentleman named Flemming Ralk was extradited from Germany, where he had been arrested while on a business trip and held... 2000  
Ediberto Román Who Exactly Is Living La Vida Loca ?: the Legal and Political Consequences of Latino-latina Ethnic and Racial Stereotypes in Film and Other Media 4 Journal of Gender, Race and Justice 37 (Fall 2000) I. The Latin Explosion II. Explosion or Exploitation? III. The Portrayals of Latinas and Latinos in Film IV. Stigma, Myths, and Stereotyping V. The Insidious and Pernicious Legal and Political Effects of Stereotyping A. The External Effects B. The Internal Effect VI. Solutions? Tearing Down the Veil of Ignorance by Telling Our Own Stories 2000  
  Agreement Reached in the Multi-party Negotiations 22 Fordham International Law Journal 1860 (April, 1999) Declaration of Support. 1861 Constitutional Issues. 1862 Annex A: Draft Clauses/Schedules for Incorporation in British Legislation. 1863 Annex B: Irish Government Draft Legislation. 1864 Strand One:. 1868 Democratic Institutions in Northern Ireland. 1868 Strand Two:. 1876 North/South Ministerial Council. 1876 Strand Three:. 1881 British - Irish... 1999  
Polly J. Price ALIEN LAND RESTRICTIONS IN THE AMERICAN COMMON LAW: EXPLORING THE RELATIVE AUTONOMY PARADIGM 43 American Journal of Legal History 152 (April, 1999) Why should Pennsylvania, founded by the English, become a colony of aliens who will shortly be so numerous as to Germanize us instead of Anglifying them, and will never adopt our Language or Customs any more than they can acquire our complexion? -Benjamin Franklin In the United States today, approximately half of the states have laws that restrict... 1999 Yes
Polly J. Price Alien Land Restrictions in the American Common Law: Exploring the Relative Autonomy Paradigm 43 American Journal of Legal History 152 (April, 1999) Why should Pennsylvania, founded by the English, become a colony of aliens who will shortly be so numerous as to Germanize us instead of Anglifying them, and will never adopt our Language or Customs any more than they can acquire our complexion? -Benjamin Franklin In the United States today, approximately half of the states have laws that restrict... 1999  
Eric Foner Gratz, et Al. V. Bollinger, et Al., No. 97-75321 (E.d. Mich.)Grutter, et Al. V. Bollinger, et Al., No. 97-75928 (E.d. Mich.) 5 Michigan Journal of Race and Law 311 (Fall 1999) I am currently the DeWitt Clinton Professor of History at Columbia University. I have been a faculty member in the Columbia Department of History since 1982. Before that, I served as a Professor in the Department of History of City College and Graduate Center at City University of New York from 1973-1982. I have written extensively on issues of... 1999  
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