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Full-Text Articles in Law

Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White, Harvey Gee Dec 2014

Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White, Harvey Gee

Touro Law Review

No abstract provided.


Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player Nov 2014

Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player

Georgia Journal of International & Comparative Law

No abstract provided.


Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace Oct 2014

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.


Force And Effect: A Look At The Passport In The Context Of Citizenship, Claire Benoit May 2014

Force And Effect: A Look At The Passport In The Context Of Citizenship, Claire Benoit

Fordham Law Review

Citizenship provides benefits, guarantees, and protections of great value and emotional significance. The vast importance of citizenship has been referred to as the very “right to have rights.” The law creates a complex framework for how one becomes a citizen, proves citizenship, and potentially loses citizenship. This Note focuses on three documents purporting to establish proof of citizenship: the passport, the certificate of citizenship, and the certificate of naturalization. These three documents are at the center of 22 U.S.C. § 2705, a foundational proof of citizenship statute.

Courts are split on whether § 2705 allows a person to conclusively prove …


Editors' Foreword, Editors Apr 2014

Editors' Foreword, Editors

Fordham Law Review

No abstract provided.


The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies Apr 2014

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.


Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea Apr 2014

Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea

Fordham Law Review

The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …


The Citizenship Of Others, Muneer I. Ahmad Apr 2014

The Citizenship Of Others, Muneer I. Ahmad

Fordham Law Review

No abstract provided.


Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem Apr 2014

Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem

Fordham Law Review

No abstract provided.


The Boston Bombers, Leti Volpp Apr 2014

The Boston Bombers, Leti Volpp

Fordham Law Review

No abstract provided.


Expatriating Terrorists, Peter J. Spiro Apr 2014

Expatriating Terrorists, Peter J. Spiro

Fordham Law Review

No abstract provided.


Citizenship And Protection, Andrew Kent Apr 2014

Citizenship And Protection, Andrew Kent

Fordham Law Review

This Article discusses the role of U.S. citizenship in determining who would be protected by the Constitution, other domestic laws, and the courts. Traditionally, within the United States, both noncitizens and citizens have had more or less equal civil liberties protections. But outside the sovereign territory of the United States, noncitizens have historically lacked such protections. This Article sketches the traditional rules that demarcated the boundaries of protection, then addresses the functional and normative justifications for the very different treatment of noncitizens depending on whether or not they were present within the United States.


Soil And Citizenship, Linda Bosniak Apr 2014

Soil And Citizenship, Linda Bosniak

Fordham Law Review

No abstract provided.


Detention After The Aumf, Stephen I. Vladeck Apr 2014

Detention After The Aumf, Stephen I. Vladeck

Fordham Law Review

No abstract provided.


War Of The Words: Aliens, Immigrants, Citizens, And The Language Of Exclusion, D. Carolina Nunez Feb 2014

War Of The Words: Aliens, Immigrants, Citizens, And The Language Of Exclusion, D. Carolina Nunez

BYU Law Review

Words communicate more than their ordinary dictionary meaning. Words tell us about individuals' and communities' conscious and subconscious perceptions. The words we use are evidence of how we think, which, in turn, ultimately determines what we do. In this paper, I examine and compare the usage of the words "immigrant," "alien," and "citizen" to make observations on the nature of membership and belonging in the United States. While it is perhaps intuitive that these words carry very different connotations, here I use corpus linguistics to explore those connotations. I rely on the Corpus of Contemporary American English, a database of …


Building A Dangerous Precedent In The Americas: Revoking Fundamental Rights Of Dominicans, Marselha Gonçalves Margerin, Monika Kalra Varma, Salvador Sarmiento Jan 2014

Building A Dangerous Precedent In The Americas: Revoking Fundamental Rights Of Dominicans, Marselha Gonçalves Margerin, Monika Kalra Varma, Salvador Sarmiento

Human Rights Brief

No abstract provided.


Muslims Denied: How The Uscis Uses A Formerly Secret Program To Delay And Reject Naturalization Applications From Muslims And Other Minorities., Deepak Amrik Singh Ahluwalia Jan 2014

Muslims Denied: How The Uscis Uses A Formerly Secret Program To Delay And Reject Naturalization Applications From Muslims And Other Minorities., Deepak Amrik Singh Ahluwalia

The Scholar: St. Mary's Law Review on Race and Social Justice

The Controlled Application Review and Resolution Program (CARRP) unduly burdens applicants of the United States naturalization process and creates the nearly impossible task of erasing any national security concern. Minorities, especially minorities of the Muslim faith, are subjected to unfair investigation and adjudication of their naturalization applications. Congress allegedly eradicated discrimination from the naturalization process with the Immigration and Nationality Act of 1952 (INA). The United States Citizenship and Immigration Services (USCIS), the agency in charge of overseeing lawful immigration to the United States, implemented CARRP in 2008 to establish a policy for handling naturalization cases which might be perceived …


Dilemmas Of Representation, Citizenship, And Semi-Citizenship, Elizabeth F. Cohen Jan 2014

Dilemmas Of Representation, Citizenship, And Semi-Citizenship, Elizabeth F. Cohen

Saint Louis University Law Journal

This Article takes up the question of “who counts?” with a three-part argument. The first part of the argument makes the case that citizenship in liberal democracies is subject to stresses caused by internal doctrinal conflict that result in the creation of semi-citizenship statuses that offer some individuals partial bundles of rights and semi-citizen statuses. Semi-citizenship is inevitable. The second part of the argument looks closely at how this affects the distribution of the political rights of citizenship: voting and representation. I make the argument that we ought not conflate voting and representation. Each is a distinct political right. People …