AuthorTitleCitationSummaryYearKeyTerm
  § 6:5. Alienage-Other state legislation Government Discrimination: Equal Protection Law and Litigation § 6:5 (2021) 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... 2021  
  7 FAM 1100 APPENDIX L. RETENTION PROVISIONS Immigration Law Service, Second Edition (CT:CON-454; 04-15-2013) (Office of Origin: CA/OCS/L) (CT:CON-454; 04-15-2013) (CT:CON-454; 04-15-2013) (CT:CON-348; 12-07-2010) (CT:CON-348; 12-07-2010) (CT:CON-449; 03-25-2013) (CT:CON-348; 12-07-2010) (CT:CON-454; 04-15-2013) (CT:CON-454; 04-15-2013) (CT:CON-660; 04-18-2016) (Office of Origin: CA/OCS/L) (CT:CON-660; 04-18-2016) (CT:CON-660;... 2021  
  86 FR 71787 December 14, 2021 More than two centuries ago, our Founders drafted the Constitution in order to create an American Government that could act with urgency on national issues without compromising individual rights and freedoms. They had the genius not only to craft such a Government but to foresee their own fallibility as well. In their foresight, they made the charter at the heart of our Nation a living documentincluding within it a process by which it could be amended to evolve and keep pace with the wisdom of passing time. Opportunities to improve our Constitution have been contemplated since its inception.... 2021  
Richard Albert AMERICA'S AMORAL CONSTITUTION 70 American University Law Review 773 (February, 2021) The celebrated United States Constitution does not derive its legitimacy from morality. Its legitimacy is rooted in an amoral code structured around the peculiar value of outcome-neutrality. By design, the Constitution does not evaluate whether a lawful choice is morally right or wrong; it evaluates only whether the choice satisfies the procedures... 2021  
Kevin R. Johnson BRINGING RACIAL JUSTICE TO IMMIGRATION LAW 116 Northwestern University Law Review Online 1 (May 13, 2021) Abstract--From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... 2021  
Nicholas Loh DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY 48 Fordham Urban Law Journal 1331 (October, 2021) Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... 2021  
  Federal Case Summaries 98 Interpreter Releases 16 (June 28, 2021) The U.S. Court of Appeals for the Fifth Circuit has found that a naturalized citizen who assisted and participated in extrajudicial killings during the Salvadorian Civil War was not a person of good moral character, thereby warranting revocation of his American citizenship. United States v. Vasquez, 2021 WL 2389112 (5th Cir. 2021). Arnoldo Antonio... 2021  
Stephen M. Griffin OPTIMISTIC ORIGINALISM AND THE RECONSTRUCTION AMENDMENTS 95 Tulane Law Review 281 (January, 2021) Fellow-citizens, we cannot escape history. --President Abraham Lincoln, December 1862 I. Introduction. 282 II. Public Meaning Originalism, Historical Inquiry, and the Problem of Constitutional Change. 287 A. Constructing the Past: Distinguishing Original Meaning and Nonoriginalism from Historical Inquiry. 287 B. The Problem(s) of Constitutional... 2021  
John Tehranian PATERNALISM, TOLERANCE, AND ACCEPTANCE: MODELING THE EVOLUTION OF EQUAL PROTECTION IN THE CONSTITUTIONAL CANON 62 William and Mary Law Review 1615 (April, 2021) This Article proposes a legal taxonomy through which we can model changes in interpretations and applications of antidiscrimination principles to best understand the evolution of equal protection doctrine. The goal for doing so is two-fold. First, through a careful exegesis of a wide range of equal protection cases from the past hundred and fifty... 2021  
Zainab Saleh , Haverford College PRECARIOUS CITIZENS: IRAQI JEWS AND THE POLITICS OF BELONGING 44 PoLAR: Political and Legal Anthropology Review 107 (May, 2021) This article examines the politics and practices of citizenship among Iraqi Jews, using one woman's life history to explore the dynamics of exile and belonging. In 1950-1951, the Iraqi government issued a law that stripped Iraqi Jews who had migrated to Israel of their citizenship. Iraqi citizenship laws and directives did not only define citizens... 2021  
Chantal Thomas RACE AS A TECHNOLOGY OF GLOBAL ECONOMIC GOVERNANCE 67 UCLA Law Review 1860 (April, 2021) This Article offers an account of the role of race in global political economy--in particular, how to understand racialization as part of the process by which institutions of economic hierarchy not only were created but continue to be legitimated. It offers the conception of race as a technology: the product of racialized forms of knowing, which... 2021  
Cathryn Costello , Michelle Foster RACE DISCRIMINATION EFFACED AT THE INTERNATIONAL COURT OF JUSTICE 115 AJIL Unbound 339 (2021) This essay examines the interpretation of the core international treaty dedicated to the elimination of racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and in particular how the prohibition on race discrimination applies to the treatment of migrants. This essay is timely, as CERD... 2021  
Michelle Foster , Timnah Rachel Baker RACIAL DISCRIMINATION IN NATIONALITY LAWS: A DOCTRINAL BLIND SPOT OF INTERNATIONAL LAW? 11 Columbia Journal of Race and Law 83 (January, 2021) Statelessness has historically been overlooked by the international community, but it is now a significant focus of the work of academics, advocates, and international institutions. The United Nations High Commissioner for Refugees' campaign to end statelessness by 2024 is now past its half-way point. Yet, while it is understood that statelessness... 2021  
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021  
Gabriel J. Chin RELIEF AND STATUTES OF LIMITATION FOR DEPORTABLE NONCITIZENS UNDER ASIAN EXCLUSION, 1882-1948 50 Southwestern Law Review 218 (2021) Reading Deported Americans is like watching a horror movie; it is all too easy to anticipate the terror coming. But it is no fantasy; this nightmare is real life. The book is the story of good people, many with close connections to the United States, deported without mercy or individual consideration. Sometimes, although not always, they are... 2021  
James W. Fox Jr. THE CONSTITUTION OF BLACK ABOLITIONISM: REFRAMING THE SECOND FOUNDING 23 University of Pennsylvania Journal of Constitutional Law 267 (April, 2021) Eric Foner has observed that historians of the Thirteenth Amendment have struggled to find ways to get the voice of African Americans into discussions of the Amendment's original meaning, scope, and limitation. This article is part of a project to answer Professor Foner's challenge to recover nineteenth-century African American constitutionalism.... 2021  
Chris Chambers Goodman THE DEVOLUTION OF DEMOCRATIC CITIZENSHIP 30 Cornell Journal of Law & Public Policy 671 (Summer, 2021) The actual operation of United States citizenship today shows a dilution worse than during the decline of ancient Rome. The notion of duty and obligation, whether evidenced in voluntary military service or voluntary voting, has diminished to the point of no longer being a valid measure for who is a good or bad citizen. After an introduction in part... 2021  
Ciara Torres-Spelliscy THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 96 New York University Law Review 1214 (October, 2021) In this piece, I examine the political branding of Asian immigrants by comparing the rhetoric used in the political platforms of the Democratic and Republican parties from 1876 to 1924 to the language deployed in U.S. Supreme Court opinions during the same time period. The negative verbiage repeated at national political conventions branded the... 2021  
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  
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
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
  § 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  
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  
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  
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
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
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  
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  
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  
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