Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting
Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting
Dalhousie Law Journal
This article considers the current Canadian regime for citizenship by descent and what is known as the “first-generation limitation.” In 2009, Parliament legislated to limit the transmission of citizenship by descent. Known as the “first-generation limitation,” the new rules mean that a Canadian parent is only entitled to pass on their citizenship to their children born abroad if the parent themselves became a citizen by birth inside Canada or by naturalization. In other words, if an individual acquired Canadian citizenship by descent, they are not entitled to pass on their citizenship to their children unless those children are born in …
Jus Sanguinis Or Just Plain Discrimination? Rejecting A Biological Requirement For Birthright Citizenship Of Children Born Abroad To Same-Sex Couples Via Assisted Reproductive Technology, Thomas Evans
Georgia Law Review
Until recently, the State Department had a policy deeming children born abroad to married same-sex couples to be children born out of wedlock. Then, applying the statute for children born out of wedlock with more rigorous requirements, the State Department only allowed citizenship to pass through a biological relationship between the biological parent and the child.
Although the State Department updated this policy in May 2021 to allow for birthright citizenship of children born abroad to married same-sex couples, the new policy does not go far enough. This Note argues that Congress should amend the Immigration and Nationality Act to …
The Failures Of Good Moral Character Determinations For Naturalization, Zachary New
The Failures Of Good Moral Character Determinations For Naturalization, Zachary New
University of Colorado Law Review
This Article examines the effects of the good-moral-character requirement in naturalization proceedings. Specifically, it looks to such character requirements as a method by which a citizen polity screens out undesirable noncitizens from those who are deserving of inclusion in the "in"g roup of citizenship. The Article discusses historical methods of good-moral-character adjudication, and especially how such methods carried an undercurrent of forgiveness and redemption-an undercurrent lacking in the current method of statutory bars to showings of good moral character. By looking at specific examples of statutory bars to showings of good moral character, this Article argues that the overinclusive nature …
Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp
Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp
University of Colorado Law Review
No abstract provided.
Pursuing Citizenship During Covid-19, Ming Hsu Chen
Pursuing Citizenship During Covid-19, Ming Hsu Chen
University of Colorado Law Review
No abstract provided.