AuthorTitleCitationSummaryYearKeyTerm
Michele Goodwin , Erwin Chemerinsky THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 169 University of Pennsylvania Law Review 313 (January, 2021) Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... 2021  
Samantha Brown TIKTOK: TIME TO EXPAND THE EQUAL PROTECTION CLAUSE 62 Jurimetrics Journal 49 (Fall, 2021) ABSTRACT: Anti-Asian sentiment in the United States increased during the COVID-19 pandemic. The Trump administration used this change in public opinion to justify taking aggressive action against China and Chinese companies. For example, then President Donald J. Trump extended the United States' tough stance on China to technology issues, as... 2021  
Sam Erman TRUER U.S. HISTORY: RACE, BORDERS, AND STATUS MANIPULATION, HOW TO HIDE AN EMPIRE: A HISTORY OF THE GREATER UNITED STATES BY DANIEL IMMERWAHR, FARRAR, STRAUS & GIROUX, 2019 130 Yale Law Journal 1188 (March, 2021) In How to Hide an Empire, Daniel Immerwahr storms the citadel of U.S. history in a gripping retelling that places empire and its hiding at the heart of the American experiment. Aware that further absences also haunt U.S. history, he invites successors to catalog them to produce yet-truer histories of the United States. This Review takes up the... 2021  
Sherally Munshi UNSETTLING THE BORDER 67 UCLA Law Review 1720 (April, 2021) When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border... 2021  
Renalia Du Bose VOTER SUPPRESSION: A RECENT PHENOMENON OR AN AMERICAN LEGACY? 50 University of Baltimore Law Review 245 (Spring, 2021) I. RECENT EXAMPLES OF STATE-LEVEL VOTER SUPPRESSION. 246 II. SETTING THE STAGE. 252 III. HISTORY OF VOTING RIGHTS IN THE UNITED STATES. 255 A. The Early Years of the New Nation. 255 B. The Civil War. 260 C. Women's Suffrage. 263 D. The Indian Citizenship Act of 1924. 270 E. The Civil Rights Act of 1964 and the Voting Rights Act of 1965. 272 F.... 2021  
Affie B. Ellis, Holland & Hart LLP, Cheyenne, Wyoming VOTING IN INDIAN COUNTRY THE VIEW FROM THE TRENCHES BY JEAN REITH SCHROEDEL 44-FEB Wyoming Lawyer 16 (February, 2021) In the United States, there are 574 federally recognized American Indian tribes, each with their own history, culture, language and governing structure. Although tribal members enjoy U.S. citizenship, state citizenship and tribal citizenship, the right to vote in federal and state elections has not always been recognized. In fact, in many cases,... 2021  
Samantha Bent Weber, Dawn Pepin WHY LAW IS A DETERMINANT OF HEALTH 50 Stetson Law Review 401 (Spring, 2021) There is a growing recognition of the connection between the law and population health, not only in public health practice but in the practice of law. Legal practice generally focuses on how laws impact an individual client; however, laws and their implementation have broader implications for population health outcomes. This is particularly true... 2021  
  § 6:5.alienage-other State Legislation Government Discrimination: Equal Protection Law and Litigation § 6:5 (2020) In alien discrimination cases not touching on matters of vital state interest, the Court imposes a more rigorous standard of review. Occasionally, early cases found a suspect classification requiring a compelling state interest to justify such actions as discriminatory property ownership rules; restricting the employment or liberty of aliens; alien... 2020  
Carrie L. Rosenbaum Anti-democratic Immigration Law 97 Denver Law Review 797 (Summer, 2020) [I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... 2020  
Cristina A. Quiñónez EXPOSING THE AMERICAN HISTORY OF APPLYING RACIAL ANXIETIES TO REGULATE AND DEVALUE LATINX IMMIGRANT REPRODUCTIVE RIGHTS 54 University of San Francisco Law Review 557 (2020) NATIONALISTS ACT ON RACIAL ANXIETIES to oppress the reproductive rights of Latinx immigrants. The term racial anxieties refers to increased stress levels and emotions that occur when individuals interact with people of other races. Racial anxieties can affect the daily lives of individuals of all races--while some people may be subjected to... 2020  
Trina Jones , Jessica L. Roberts Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law 120 Columbia Law Review 1929 (November, 2020) Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... 2020  
DeVaughn Jones Judicial Racism and Judicial Antiracism: Retelling the Dred Scott Story 68 UCLA Law Review Discourse 338 (2020) This Essay retells the Dred Scott story as a set of intersecting stories about judicial racism and judicial antiracism. Part I defines racism and antiracism, then discusses how racist and antiracist ideas are realized through government power. Next, this Essay visits one of the most prominent moments of judicial racial history: the story of Dred... 2020  
Mark C. Weber Of Immigration, Public Charges, Disability Discrimination, And, of All Things, Hobby Lobby 52 Arizona State Law Journal 245 (Spring, 2020) This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration's new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related... 2020  
Michael D. Ramsey Originalism and Birthright Citizenship 109 Georgetown Law Journal 405 (December, 2020) The first sentence of the Fourteenth Amendment provides: 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. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does... 2020 Yes
Robert L. Tsai Racial Purges 118 Michigan Law Review 1127 (April, 2020) The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... 2020  
Angela M. Banks THE CONTINUING LEGACY OF THE NATIONAL ORIGIN QUOTAS 27 William and Mary Journal of Race, Gender, and Social Justice 1 (Fall, 2020) Introduction I. The Legal Regulation of Citizenship A. Birthright Citizenship B. Naturalization II. Race, Class & Gender as Citizenship Boundaries III. A Continuing Legacy of the National Origin Quotas IV. Resolving the Immigrant Labor Paradox A. Access to Workers 1. Temporary Worker Programs 2. Limited Immigration Enforcement B. Ineligible for... 2020 Yes
Michael H. LeRoy The President's Immigration Powers: Migratory Labor and Racial Animus 75 New York University Annual Survey of American Law 187 (2020) Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting... 2020  
Michael H. LeRoy The Unborn Citizen 108 Georgetown Law Journal Online 118 (2020) In May of 2019, the Governor of Alabama signed House Bill 314 into law. The statue, entitled the Alabama Human Life Protection Act (the Act), makes abortion and attempted abortion felony offenses, except in cases in which the mother is at risk of serious health complications. This Article does not address the constitutional validity of the Act.... 2020  
Michael H. LeRoy THE UNBORN CITIZEN 108 Georgetown Law Journal Online 118 (2020) In May of 2019, the Governor of Alabama signed House Bill 314 into law. The statue, entitled the Alabama Human Life Protection Act (the Act), makes abortion and attempted abortion felony offenses, except in cases in which the mother is at risk of serious health complications. This Article does not address the constitutional validity of the Act.... 2020  
Jin Niu Who Is an American Soldier? Military Service and Membership in the Polity 95 New York University Law Review 1475 (November, 2020) The military is one of the most powerful institutions to define membership in the American polity. Throughout this country's history, noncitizens, immigrants, and outsiders have been called to serve in exchange for the privileges of citizenship and recognition. At its height, the idea that service constitutes citizenship--which this Note calls... 2020  
David E. Pozen , Eric L. Talley , Julian Nyarko A Computational Analysis of Constitutional Polarization 105 Cornell Law Review 1 (December, 2019) This Article is the first to use computational methods to investigate the ideological and partisan structure of constitutional discourse outside the courts. We apply a range of machine-learning and text-analysis techniques to a newly available data set comprising all remarks made on the U.S. House and Senate floors from 1873 to 2016, as well as a... 2019  
Barry Sullivan Democratic Conditions 51 Loyola University Chicago Law Journal 555 (Winter 2019) Two nations; between whom there is no intercourse and no sympathy; who are as ignorant of each other's habits, thoughts, and feelings, as if they were dwellers in different zones, or inhabitants of different planets; who are formed by a different breeding, are fed by a different food, are ordered by different manners, and are not governed by the... 2019  
Gillian R. Chadwick Legitimating the Transnational Family 42 Harvard Journal of Law & Gender 257 (Summer, 2019) Legitimation represents a widening chasm at the intersection of immigration and family law. Agencies' and courts' persistent misguided reliance on biology as a paramount dispositive factor in determining who qualifies as a family for the purposes of immigration and nationality is increasingly at odds with family law's growing aspiration of a... 2019  
Kunal M. Parker, University of Miami School of Law MARTHA S. JONES, BIRTHRIGHT CITIZENS: A HISTORY OF RACE AND RIGHTS IN ANTEBELLUM AMERICA, NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2018. PP. 248. $27.99 PAPER (ISBN 978-1-316-60472-4) 37 Law and History Review 649 (May, 2019) From the very moment of its inception, American citizenship was unevenly extended across the native-born population, with race and slavery constituting major lines of fracture. As the nineteenth century opened, however, controversy came to center especially around the country's growing population of free blacks. For decades, debates would rage over... 2019 Yes
Peggy Cooper Davis Post-colonial Constitutionalism 44 New York University Review of Law and Social Change 1 (2019) This Article is drawn from remarks delivered by Professor Peggy Cooper Davis at the inaugural Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System, held on January 23, 2019. For a full transcript of Professor Cooper Davis' remarks, see Appendix at the end of this issue. I. Introduction. 1 II. In what sense are we a post-colonial... 2019  
Cori Alonso-Yoder Publicly Charged: a Critical Examination of Immigrant Public Benefit Restrictions 97 Denver Law Review 1 (Fall, 2019) Since the early days of the Trump Administration, reports of the President's controversial and dramatic immigration policies have dominated the news. Yet, despite the intensity of this coverage, an immigration policy with far broader implications for millions of immigrants and their U.S.-citizen family members has dodged the same media glare. By... 2019  
Leslie F. Goldstein Technologies of Travel, "Birth Tourism," and Birthright Citizenship 79 Maryland Law Review 177 (2019) This Essay addresses whether birth tourism, which has been facilitated by modern travel, advertising, and financing technologies to a degree not imaginable in the mid-nineteenth century, should be viewed as outside the reach of the Fourteenth Amendment's grant of birthright citizenship. The argument will proceed by first analyzing the history of... 2019 Yes
Leslie F. Goldstein TECHNOLOGIES OF TRAVEL, "BIRTH TOURISM," AND BIRTHRIGHT CITIZENSHIP 79 Maryland Law Review 177 (2019) This Essay addresses whether birth tourism, which has been facilitated by modern travel, advertising, and financing technologies to a degree not imaginable in the mid-nineteenth century, should be viewed as outside the reach of the Fourteenth Amendment's grant of birthright citizenship. The argument will proceed by first analyzing the history of... 2019 Yes
Michael H. LeRoy The Labor Origins of Birthright Citizenship 37 Hofstra Labor and Employment Law Journal 39 (Fall, 2019) I. Introduction. 42 A. Historical Context. 42 B. Overview of Legal Evolution of Birthright Citizenship. 44 II. Birthright Citizenship: The Fallacy of Majority Consent. 47 A. Citizenship without Consent: A Veil for Racial Consent. 47 B. The Fallacy of Racial Consent:Immigration and Labor in American Colonies. 52 III. Roman and Universal Citizenship:... 2019 Yes
Michael H. LeRoy THE LABOR ORIGINS OF BIRTHRIGHT CITIZENSHIP 37 Hofstra Labor and Employment Law Journal 39 (Fall, 2019) I. Introduction. 42 A. Historical Context. 42 B. Overview of Legal Evolution of Birthright Citizenship. 44 II. Birthright Citizenship: The Fallacy of Majority Consent. 47 A. Citizenship without Consent: A Veil for Racial Consent. 47 B. The Fallacy of Racial Consent:Immigration and Labor in American Colonies. 52 III. Roman and Universal Citizenship:... 2019 Yes
Caroline Holliday U.s. Citizens Detained and Deported? A Test of the Great Writ's Reach in Protecting Due Process Rights in Removal Proceedings 60 Boston College Law Review E-Supplement II.-217 (4/1/2019) Abstract: Every year, the U.S. government unlawfully detains a significant number of U.S. citizens and places them in immigration removal proceedings. Before the United States Court of Appeals for the Tenth Circuit's 2018 decision in Gonzalez-Alarcon v. Macias, four circuits had held that an individual in removal proceedings with a valid claim to... 2019  
Darrell A. H. Miller Comments on an Amendment to Repeal the Natural Born Citizen Clause 13 Duke Journal of Constitutional Law & Public Policy 77 (Spring, 2018) I am delighted to have this opportunity to respond to Professor Walsh's proposal to repeal the Natural Born Citizen Clause. To the extent Professor Walsh has committed himself to make real what easily could have remained an academic whimsy, I wish him Godspeed. I wish I had half of his optimism, for reasons I will explain. Professor Walsh's motives... 2018  
Orville Vernon Burton THE CREATION AND DESTRUCTION OF THE FOURTEENTH AMENDMENT DURING THE LONG CIVIL WAR 79 Louisiana Law Review 189 (Fall, 2018) C1-3Table of Contents Introduction. 190 I. The Civil War, Reconstruction, and the New Birth of Freedom. 192 A. Lincoln's Beliefs Before the War. 193 B. Heading into Reconstruction. 195 II. The Three Reconstruction Amendments. 196 A. The Thirteenth Amendment. 197 B. The South's Response. 200 C. The Fourteenth Amendment. 203 1. African-American... 2018  
Andrew Kent The Jury and Empire: the Insular Cases and the Anti-jury Movement in the Gilded Age and Progressive Era 91 Southern California Law Review 375 (March, 2018) This Article argues that there was an important causal link, to date unrecognized, between the widespread dissatisfaction with the jury in the United States during the Gilded Age and Progressive era among many elite lawyers and judges and choices by U.S. policymakers and jurists about colonial governance in Puerto Rico and the Philippines. The... 2018  
John Vlahoplus Toward Natural Born Derivative Citizenship 7 British Journal of American Legal Studies 71 (Spring, 2018) Senator Ted Cruz's campaign for the Republican presidential nomination again raised the question whether persons who receive citizenship at birth to American parents abroad are natural born and eligible to the presidency. This article uses Supreme Court decisions and previously overlooked primary source material from the Founders, the First... 2018  
Anna Laura Lichtenberger UNDOCUMENTED CITIZENS OF THE UNITED STATES: THE REPERCUSSIONS OF DENYING BIRTH CERTIFICATES 49 Saint Mary's Law Journal 435 (2018) I. Introduction. 436 A. Recent Denial of Birth Certificates. 438 B. The Importance of Birth Certificates and Their Purposes. 442 II. Complications with Proof of Citizenship. 442 A. Secondary Proof of Citizenship and Its Purpose. 444 B. Challenges of Not Having a Birth Certificate. 448 III. Violation of Constitutional Rights. 452 IV. Conclusion. 457 2018  
DeLeith Duke Gossett [Take from Us Our] Wretched Refuse: the Deportation of America's Adoptees 85 University of Cincinnati Law Review 33 (March, 2017) Give me your tired, your poor, Your huddled masses, yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door! ~ Emma Lazarus I. Introduction. 33 II. America: Land of Selective Immigration. 36 A. Economic Fears Drive Nativist Attitudes. 37 B. Nativism... 2017  
Eric Foner Abraham Lincoln, the Thirteenth Amendment, and the Problem of Freedom 15 Georgetown Journal of Law and Public Policy 59 (Winter, 2017) This paper explores Abraham Lincoln's role and relationship to emancipation and the Thirteenth Amendment. By no means a radical abolitionist upon taking office, Lincoln's views and goals evolved over the course of his presidency in response to the exigencies of war and governance. His moderate views were, however, antagonistic enough to provide... 2017  
Rose Cuison Villazor American Nationals and Interstitial Citizenship 85 Fordham Law Review 1673 (March, 2017) Citizenship scholarship is pervasively organized around a binary concept: there is citizenship (which is acquired at birth or through naturalization) and there is noncitizenship (which accounts for everyone else). This Article argues that this understanding is woefully incomplete. In making this argument, I tell the story of noncitizen nationals, a... 2017  
David M. Howard Analyzing the Causes of Statelessness in Syrian Refugee Children 52 Texas International Law Journal 281 (Summer, 2017) C1-2Table of Contents Introduction. 282 I. Citizenship. 285 A. Citizenship and Statelessness. 286 B. Effects of No Jus Soli. 287 C. Registration Problems. 289 II. Comparing Citizenship in the U.K., Germany, Canada, Turkey, and Syria. 291 A. United Kingdom. 291 B. Germany. 294 C. Sweden. 296 D. Canada. 298 E. Turkey. 300 F. Syria. 302 G. Comparison... 2017  
Susan Hazeldean Anchoring More than Babies: Children's Rights after Obergefell V. Hodges 38 Cardozo Law Review 1397 (April, 2017) Throughout my childhood I watched my parents try to become legal but to no avail. . That meant my childhood was haunted by the fear that they would be deported. If I didn't see anyone when I walked in the door after school, I panicked. And then one day, my fears were realized. I came home from school to an empty house. We're talking about U.S.... 2017  
Muneer I. Ahmad Beyond Earned Citizenship 52 Harvard Civil Rights-Civil Liberties Law Review 257 (Summer, 2017) For more than a decade, a single rubric for legalization of the 11 million undocumented people in the United States has dominated every major proposal for comprehensive immigration reform, and continues to do so today: earned citizenship. Introduced as a rhetorical move intended to distinguish such proposals from amnesty, the earned citizenship... 2017  
Ediberto Román and Ernesto Sagás Birthright Citizenship under Attack: How Dominican Nationality Laws May Be the Future of U.s. Exclusion 66 American University Law Review 1383 (August, 2017) Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country's woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential... 2017 Yes
Matthew F. Redle Chair's Counsel 31-WTR Criminal Justice 1 (Winter, 2017) in the aftermath of the presidential election, I have participated in a number of informal conversations with members of the Criminal Justice Section where there has been some speculation about the effect a Trump administration might have on Section policy proposals. I understand the reason for this concern. This year's presidential election is... 2017  
Elizabeth K. Watson Citizens Nowhere: the Anomaly of American Samoans' Citizenship Status after Tuaua V. United States 42 University of Dayton Law Review 411 (Winter 2017) I. Introduction. 411 II. Development of the Law. 414 A. The Union between the United States of America and Samoa (1878). 414 B. Insular Cases Shape the Identity and Rights of the Island Territories (1901 1922). 416 C. Congress Excludes American Samoa from Statutory Birthright Citizenship (1940). 417 D. Categorization as Non-Citizen Nationals and... 2017 Yes
Deron Marquez Citizenship, Disenrollment & Trauma 53 California Western Law Review 181 (Spring, 2017) C1-2Table of Contents Introduction. 182 I. Citizenship. 184 II. Disenrollment Trailhead. 191 III. Disenrollment. 197 A. Jeffredo v. Macarro. 199 B. San Diego Health and Human Service Agency v. Michelle T. 202 C. Aftermath. 206 IV. Trauma. 207 Conclusion. 212 2017  
Annie Lai and Christopher N. Lasch Crimmigration Resistance and the Case of Sanctuary City Defunding 57 Santa Clara Law Review 539 (2017) C1-2Table of Contents Introduction. 540 I. Threats to Defund Sanctuary Cities and Their Origins. 544 A. Four Decades (and Four Waves) of Sanctuary. 546 B. Sanctuary Defunding Becomes a Mainstay of the Trump Campaign. 548 C. Failed Legislative Attempts at Sanctuary Defunding. 550 D. Sanctuary Defunding Pursued as Part of the Federal Budgeting... 2017  
Kristin A. Collins Equality, Sovereignty, and the Family in Morales-santana 131 Harvard Law Review 170 (November, 2017) The statutes focus upon two of the most serious of human relationships, that of parent to child and that of individual to the State. They tie each to the other, transforming both while strengthening the bonds of loyalty that connect family with Nation. The nature of citizenship, like that of the state, is a question which is often disputed .. In... 2017  
Jennifer S. Hendricks Fathers and Feminism: the Case Against Genetic Entitlement 91 Tulane Law Review 473 (February, 2017) This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to... 2017  
Robin Jacobson Immigration in Between 52 Tulsa Law Review 529 (Spring, 2017) Hiroshi Motomura, Immigration Outside the Law (Oxford University Press 2014) Pp. 360. Hardcover $31.95. Natalia Molina, How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press 2014) Pp. 232. Hardcover $65.00. Paperback $27.95. Systems of immigration are not simply national... 2017  
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