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Citizenship, Race, And Statehood, Kristina M. Campbell
Citizenship, Race, And Statehood, Kristina M. Campbell
Journal Articles
This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (“TID”), focusing on the Territory of Puerto Rico and how the issues of citizenship, race, and statehood have evolved in shadow of empire as a result. Part III will look back on the admission to the Union of New Mexico and Arizona—the forty-seventh and forty-eighth states—and discuss the substantial difficulties these territories had in getting admitted for statehood due …
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Journal Articles
This Article explores the relatively new idea in American legal thought that people of color are human beings whose dignity and selfhood are worthy of legal protection. While the value and protection of whiteness throughout American legal history is undeniable, non-whiteness' has had a more turbulent history. For most of American history, the concept of non-whiteness was constructed by white society and reinforced by law-i.e., through a process of socio-legal construction-in a way that excluded its possessor from the fruits of citizenship. However, people of color have resisted this negative construction of selfhood. This resistance led to the development of …
Citizenship Of Limited Liability Companies For Diversity Jurisdiction, Debra R, Cohen
Citizenship Of Limited Liability Companies For Diversity Jurisdiction, Debra R, Cohen
Journal Articles
The limited liability company is an increasingly popular form of business organization. Due to its hybrid nature, however, the citizenship of a LLC for purposes of diversity jurisdiction is difficult to determine. Should the citizenship of a LLC be determined as if it were a corporation, in which case it has "entity" citizenship, or as if it were a partnership, in which case its citizenship is determined by the citizenship of "persons composing" the LLC?
This Article examines the history of the evolution of hybrid organizations like the LLC, and the rules for determining the citizenship of business organizations in …