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Articles 1 - 2 of 2
Full-Text Articles in Law
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Michigan Law Review First Impressions
The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …
A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census, Khaled A. Beydoun
A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census, Khaled A. Beydoun
Michigan Law Review First Impressions
“Arab Americans are white?” This question—commonly posed as a demonstration of shock or surprise—highlights the dissonance between how “Arab” and “white” are discursively imagined and understood in the United States today. These four words also encapsulate the dilemma that currently riddles Arab Americans. The population finds itself interlocked between formal classification as white, and de facto recognition as nonwhite. The Office of Management and Budget (OMB), the government agency that oversees the definition, categorization, and construction of racial categories, currently counts people from the Middle East and North Africa (MENA) as white. The United States Census Bureau (Census Bureau), the …