Author | Title | Citation | Summary | Year | KeyTerm |
Jamin B. Raskin |
Is this America? The District of Columbia and the Right to Vote |
34 Harvard Civil Rights-Civil Liberties Law Review 39 (Winter, 1999) |
Britain, with an army to enforce her tyranny, has declared, that she has a right (not only to tax) but to bind us in all cases whatsoever, and if being bound in that manner is not slavery, then there is not such a thing as slavery upon earth. Even the expression is impious; for so unlimited a power can belong only to God. Thomas Paine This... |
1999 |
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Francis X. Sullivan |
The "Usurping Octopus of Jurisdictional/authority": the Legal Theories of the Sovereign Citizen Movement |
1999 Wisconsin Law Review 785 (1999) |
On October 1, 1995, Corporal Victor Kurtz of the Belton, Missouri, Police Department stopped James Horton for driving without a valid license plate. Instead, Horton's car bore the following sign: Public Notice: Non-commercial, private property CITIZEN OF MISSOURI HORTON In exercise of RIGHT TO TRAVEL streets & highways Mo. Const. Art. I, Sect.... |
1999 |
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Bryan K. Fair |
The Anatomy of American Caste |
18 Saint Louis University Public Law Review 381 (1999) |
Soon the United States will commemorate the quadricentennial of the first permanent English settlement in America, the same place where twenty Africans were sold as indentured servants in 1619. As with previous hallowed occasions celebrating The Declaration of Independence, the United States Constitution, and the Bill of Rights, Jamestown's... |
1999 |
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Eric Foner |
The Strange Career of the Reconstruction Amendments |
108 Yale Law Journal 2003 (June, 1999) |
As a historian who has devoted much of my scholarly career to the era of Reconstruction, I am most gratified that Bruce Ackerman has helped to resurrect the significance of those years as a central turning point in American constitutional development. As far as it goes, I have no real quarrel with his narrative of the events surrounding the... |
1999 |
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Linda Kelly |
Defying Membership: the Evolving Role of Immigration Jurisprudence |
67 University of Cincinnati Law Review 185 (Fall, 1998) |
Trying to break up a Saturday night barfight, Abner Louima became a victim of torture. When police arrived at the Flatbush Avenue bar, Mr. Louima was arrested and taken to Brooklyn's 70th Precinct Station. Beaten on the way to the station, Mr. Louima suffered intensified abuse after his arrival. Taken into the station house bathroom, police... |
1998 |
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James F. Hollifield |
Migration, Trade, and the Nation-state: the Myth of Globalization |
3 UCLA Journal of International Law and Foreign Affairs 595 (Fall/Winter, 1998-1999) |
The road to the free market was opened and kept open by an enormous increase in continuous, centrally organized and controlled interventionism. To make Adam Smith's simple and natural liberty compatible with the needs of human society was a most complicated affair. As Karl Polanyi noted in his analysis of the political and economic origins of... |
1998 |
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Kevin R. Johnson |
Race, the Immigration Laws, and Domestic Race Relations: a "Magic Mirror" into the Heart of Darkness |
73 Indiana Law Journal 1111 (Fall, 1998) |
L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... |
1998 |
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Richard Delgado |
Rodrigo's Bookbag: Brimelow, Bork, Herrnstein, Murray, and D'souza-- Recent Conservative Thought and the End of Equality |
50 Stanford Law Review 1929 (July, 1998) |
Rodrigo, his wife Giannina, and their straight man, the Professor, meet in the latter's city, where the young people have gone for a wedding. After discussing a recent incident at Rodrigo's law school in which interlopers defaced the lockers of four students of color, the protagonists discuss changes and contractions in the social ideal of... |
1998 |
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Cornelia T. L. Pillard and Alexander Aleinikoff |
Skeptical Scrutiny of Plenary Power: Judicial and Executive Branch Decision Making in Miller V Albright |
1998 Supreme Court Review 1 (1998) |
In 1996, just a few months after the United States successfully urged the Supreme Court in United States v Virginia to invalidate as sex-discriminatory the male-only admissions policy at the Virginia Military Institute, the District of Columbia Circuit in Miller v Albright upheld a federal law that used an express, sex-based distinction. Section... |
1998 |
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T. Alexander Aleinikoff and Rubén G. Rumbaut |
Terms of Belonging: Are Models of Membership Self-fulfilling Prophecies? |
13 Georgetown Immigration Law Journal 1 (Fall, 1998) |
If men define situations as real, they are real in their consequences. W. I. Thomas (1928) We respond not only to the objective features of a situation, but also, and at times primarily, to the meaning this situation has for us Certain kinds of definitions of the situationwe focus on the important class of public prophecies, beliefs, and... |
1998 |
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Ediberto Roman |
The Alien-citizen Paradox and Other Consequences of U.s. Colonialism |
26 Florida State University Law Review 1 (Fall, 1998) |
I. Introduction. 1 II. Citizenship and Its Importance. 7 A. The Unequal Status of the People of Puerto Rico. 10 B. The Territorial Incorporation Doctrine. 11 III. The Colonial History of Puerto Rico. 16 A. The Impact of the Insular Cases. 19 B. Congressional Debate After the Insular Cases. 24 C. The Creation of the Commonwealth. 25 D. The 1993... |
1998 |
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Juan F. Perea |
THE BLACK/WHITE BINARY PARADIGM OF RACE: THE "NORMAL SCIENCE" OF AMERICAN RACIAL THOUGHT |
10 La Raza Law Journal 127 (Spring 1998) |
The Black/White Binary Paradigm of race has become the subject of increasing interest and scrutiny among some scholars of color. This Article uses Thomas Kuhn's notions of paradigm and the properties of paradigms to explore several leading works on race. The works the author explores demonstrate the Black/White paradigm of race and some of its... |
1998 |
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Natsu Taylor Saito |
Alien and Non-alien Alike: Citizenship, "Foreignness," and Racial Hierarchy in American Law |
76 Oregon Law Review 261 (Summer 1997) |
I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289... |
1997 |
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Kevin R. Johnson |
Aliens and the U.s. Immigration Laws: the Social and Legal Construction of Nonpersons |
28 University of Miami Inter-American Law Review 263 (1997) |
L1-3,T3I. Introduction 264 L1-4 L1-3,T3II. Citizens and Aliens' 270 L1-4 A. Deportable and Excludable Aliens'. 274 L1-4 B. Good (Legal) and Bad (Illegal) Aliens'. 276 L1-4 C. Implications of the Alien Terminology. 279 L1-4 L1-3,T3III. The Influence of Race 281 L1-4 A. Some Examples: Mexicans, Haitians, Cubans. 282 L1-4 B. The Absence of... |
1997 |
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Christopher L. Eisgruber |
Birthright Citizenship and the Constitution |
72 New York University Law Review 54 (April, 1997) |
The United States Constitution's citizenship rule, which grants citizenship to, among others, the American-born children of illegal aliens, has come under attack. Professor Eisgruber defends the Constitution's birthplace rule against calls for its amendment and against arguments in favor of a parentage rule. He proposes the Responsiveness Principle... |
1997 |
Yes |
F. Giba-Matthews |
Customary International Law Acts as Federal Common Law in U.s. Courts |
20 Fordham International Law Journal 1839 (June, 1997) |
I have lived in a part of the country where I have known the worth of good government by the want of it. They would rob you of your property; threaten to burn your houses; oblige you to be on your guard night and day; alarms spread from town to town; families were broken up; the tender mother would cry, O, my son is among them! What shall I do for... |
1997 |
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Peter J. Spiro |
Dual Nationality and the Meaning of Citizenship |
46 Emory Law Journal 1411 (Fall 1997) |
C1-3Table of Contents Introduction. 1412 I. Dual Nationality in a Hostile World. 1417 A. Don't Want to Let You Go: Dual Nationality in an Era of Perpetual Allegiances. 1419 1. The Long Arm of Perpetual Allegiance. 1420 2. Dual Nationality and Diplomatic Protection. 1424 B. You Can't Hang On: The Turn to Exclusivity. 1430 1. The New Problems of Dual... |
1997 |
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Ibrahim J. Gassama , Robert S. Chang , Keith Aoki |
Foreword: Citizenship and its Discontents: Centering the Immigrant in the Inter/national Imagination (Part Ii) |
76 Oregon Law Review 207 (Summer 1997) |
What is involved in the project of rescinding borders is a critical awareness of how borders have been (and continue to be) systematically policed and for whose ideological benefit and material profit. The way to rescind borders is of course to cross them and, in doing so, blur them, confuse them, make them permeable, open for traffic from all... |
1997 |
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John Conyers, Jr. |
Is the United States Constitution a "Rough Draft"? An Open Letter to the 105th Congress |
6 Widener Journal of Public Law 323 (1997) |
Welcome to the 105th Congress. On January 7, 1997, you took an oath of office pledging to support and defend the Constitution. The question we need to ask ourselves is whether, by the end of the 105th Congress, the Constitution and the Bill of Rights will continue to protect our fundamental rights and liberties in the same basic form as was laid... |
1997 |
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Polly J. Price |
Natural Law and Birthright Citizenship in Calvin's Case (1608) |
9 Yale Journal of Law & the Humanities 73 (Winter 1997) |
Great empires and humble nations alike have made similar choices in determining who will be citizens. The world's nations emphasize one or the other of only two methods for determining citizenship at birth. Most nations assign citizenship at birth according to the citizenship of at least one of the parents. A few nations, including the United... |
1997 |
Yes |
Neil Gotanda |
Race, Citizenship, and the Search for Political Community among "We the People" |
76 Oregon Law Review 233 (Summer 1997) |
this article was originally written in 1986-1987 for a Black Law Journal symposium at U.C. Berkeley examining the Preamble to the United States Constitution. The reference in the title to We the People is to the symposium theme. The symposium issue was never published. Faced with what I perceived to be a lack of interest in Asian American issues... |
1997 |
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Kevin R. Johnson |
Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? |
76 Oregon Law Review 347 (Summer 1997) |
A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996... |
1997 |
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Juan F. Perea |
The Black/white Binary Paradigm of Race: the "Normal Science" of American Racial Thought |
85 California Law Review 1213 (October, 1997) |
The Black/White Binary Paradigm of race has become the subject of increasing interest and scrutiny among some scholars of color. This Article uses Thomas Kuhn's notions of paradigm and the properties of paradigms to explore several leading works on race. The works the author explores demonstrate the Black/White paradigm of race and some of its... |
1997 |
|
Juan F. Perea |
THE BLACK/WHITE BINARY PARADIGM OF RACE: THE "NORMAL SCIENCE" OF AMERICAN RACIAL THOUGHT |
85 California Law Review 1213 (October, 1997) |
The Black/White Binary Paradigm of race has become the subject of increasing interest and scrutiny among some scholars of color. This Article uses Thomas Kuhn's notions of paradigm and the properties of paradigms to explore several leading works on race. The works the author explores demonstrate the Black/White paradigm of race and some of its... |
1997 |
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Tanya Broder and Clara Luz Navarro |
A Street Without an Exit: Excerpts from the Lives of Latinas in Post-187 California |
7 Hastings Women's Law Journal 275 (Summer, 1996) |
En las noches claras veo hacia el cielo y puedo ver las estrellas libres, sin fronteras sin el desprecio de los demás porque creen que estoy en tierra ajena. Veo la inmencidad del mar y me parecen las lágrimas del dolor y sufrimiento humano, que en la fuerza de sus olas claman por justicia. Oigo el aire y a los pájaros y me parece la esperanza de... |
1996 |
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Keith Aoki |
Foreign-ness & Asian American Identities: Yellowface, World War Ii Propaganda, and Bifurcated Racial Stereotypes |
4 Asian Pacific American Law Journal 1 (Fall, 1996) |
I. L2-5,T5Introduction 2 II. L2-5,T5Definitions 5 A. L3-5,T5Asians, Asian Americans and American Orientalism 7 1. L4-5,T5Identity Aporia 7. 2. L4-5,T5Orientalism and American Orientalism: Two Kinds of Other-ing 9. B. L3-5,T5Dynamics of Racial Representations 13 1. L4-5,T5Images of the Outsider(s): Delgado and Stefancic 13. III.... |
1996 |
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April Chung |
Noncitizen Voting Rights and Alternatives: a Path Toward Greater Asian Pacific American and Latino Political Participation |
4 Asian Pacific American Law Journal 163 (Fall, 1996) |
The American political community is firmly rooted in individual rights and common values, concepts that stabilize the effects of self-interested decisionmaking. At the same time, this community is continually evolving, due to changes in the American population. Major changes in the population may call for political changes, but will not lead to... |
1996 |
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Earl M. Maltz |
Only Partially Color-blind: John Marshall Harlan's View of Race and the Constitution |
12 Georgia State University Law Review 973 (June, 1996) |
As the one-hundredth anniversary of Plessy v. Ferguson approaches, one can expect an outpouring of admiration for Justice John Marshall Harlan. Virtually all discussions of the constitutional status of race relations prominently feature Harlan's dissent in Plessy. Based largely on this dissent, Harlan has become a kind of constitutional icon, with... |
1996 |
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Kevin R. Johnson |
Racial Restrictions on Naturalization: the Recurring Intersection of Race and Gender in Immigration and Citizenship Law |
11 Berkeley Women's Law Journal 142 (1996) |
Critical race theory reflects the perception that conventional legal scholarship fails to satisfactorily address the complexities of race and the law in the United States. Similarly, the ascent of feminist theory stems in large part from lingering gender discrimination in this country. Until a number of minority women recently began studying the... |
1996 |
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Seth F. Kreimer |
TERRITORIALITY AND MORAL DISSENSUS: THOUGHTS ON ABORTION, SLAVERY, GAY MARRIAGE AND FAMILY VALUES |
16 QLR 161 (Spring & Summer 1996) |
A house divided can sometimes claim virtues and I am on record praising those claims. Five years ago, as a supporter of women's right to choose abortion, I contemplated the possible demise of Roe v. Wade. At the time, it appeared that an emerging conservative majority on the Supreme Court would free state legislatures of constitutional restraint,... |
1996 |
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Frank H. Wu |
The Limits of Borders: a Moderate Proposal for Immigration Reform |
7 Stanford Law and Policy Review 35 (Summer, 1996) |
From Franz Kafka, Before the Law: Before the Law stands a door-keeper. To this doorkeeper there comes a man from the country and prays for admittance to the Law. But the doorkeeper says that he cannot grant admittance at the moment The doorkeeper gives him a stool and lets him sit down at one side of the door. There he sits for days and years.... |
1996 |
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Robert J. Shulman |
Children of a Lesser God: Should the Fourteenth Amendment Be Altered or Repealed to Deny Automatic Citizenship Rights and Privileges to American Born Children of Illegal Aliens? |
22 Pepperdine Law Review 669 (1995) |
Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Welcome to California, Now Go Home! The United States is a nation of immigrants. It has welcomed far more people into its borders than any other country in the world. In fact, the United States has absorbed more immigrants than the rest of the world combined.... |
1995 |
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Michael Gunlicks |
Citizenship as a Weapon in Controlling the Flow of Undocumented Aliens: Evaluation of Proposed Denials of Citizenship to Children of Undocumented Aliens Born in the United States |
63 George Washington Law Review 551 (April, 1995) |
The United States Constitution states that [a]ll 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 Supreme Court has considered the Fourteenth Amendment's Citizenship Clause (Citizenship Clause) in conjunction with common law... |
1995 |
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Jonathan C. Drimmer |
The Nephews of Uncle Sam: the History, Evolution, and Application of Birthright Citizenship in the United States |
9 Georgetown Immigration Law Journal 667 (Fall, 1995) |
If it should rain one night And they should chance to sight Pallid or swarthy faces Of uncongenial races They'll maybe chop them up to make some beefsteak tartare. Citizenship matters. Its importance does not lie exclusively in a delineation of rights, whereby citizens receive an abundance of protections not afforded to non-citizens. Rather, ... |
1995 |
Yes |
Gerald L. Neuman |
Justifying U.s. Naturalization Policies |
35 Virginia Journal of International Law 237 (Fall, 1994) |
Commissioner Meissner has emphasized for us the importance of naturalization and the need to put the N back into INS. The present Article aims toward an analogous goal: putting the n back into immigration law scholarship. It will not treat the requirements for naturalization as straight-forward, which in an academic context could mean... |
1994 |
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Myriam Zreczny |
Race-conscious Child Placement: Deviating from a Policy Against Racial Classifications |
69 Chicago-Kent Law Review 1121 (1994) |
In the world of child placement, racial classifications are widespread. While outright prohibition of transracial placement will not pass constitutional muster, the use of race as a factor in determining the best interest of the child is frequent, endorsed, and sometimes even mandated by adoption agencies, statutes, and courts. Where equal... |
1994 |
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|
The Birthright Citizenship Amendment: a Threat to Equality |
107 Harvard Law Review 1026 (March, 1994) |
Ever since the Declaration of Independence condemned the King of England for obstructing immigration to the colonies, the United States has traditionally welcomed immigrants to its shores and drawn strength from them. At the same time, however, Americans have often viewed newcomers with disdain, suspicion, and fear. After significant growth in... |
1994 |
Yes |
David C. Williams |
The Borders of the Equal Protection Clause: Indians as Peoples |
38 UCLA Law Review 759 (April, 1991) |
In the Pacific Northwest, a relatively liberal area, apparently law-abiding citizens paste bumper stickers on their cars proclaiming, Save a salmon; can an Indian. This behavior seems to reflect an open and virulent racial hostility similar to the Southern reaction to the civil rights movement. The law, one might suppose, should set its face... |
1991 |
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Gerald L Neuman |
Whose Constitution? |
100 Yale Law Journal 909 (January, 1991) |
I. Framing the Right Questions A. Some Basic Models 1. Universalism 2. Membership Models 3. Municipal Law, including Strict Territoriality 4. Balancing Approaches, or Global Due Process B. Vattel and the Eighteenth-Century Normative Framework 1. Aliens and the Social Contract 2. Territorial Expansion and the Social Contract II. Respecting Persons... |
1991 |
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