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Full-Text Articles in Immigration Law
Reparative Citizenship, Amanda Frost
Reparative Citizenship, Amanda Frost
William & Mary Law Review
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender, and political opinion—including some who are alive today. This Article argues that the United States can atone for these transgressions by granting “reparative citizenship” to those individuals and their descendants, following the lead of several European countries who have recently provided such relief for those wrongly expelled or excluded in …
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
William & Mary Law Review
Must a federal court have obtained the power to bind a party before her citizenship becomes relevant to diversity jurisdiction? For a long time conventional wisdom has assumed the answer is “no”: Congress can authorize diversity jurisdiction based on the citizenship of persons who, although currently beyond the court’s power to bind, might later join the suit. Congress, in turn, has acted on this assumption. Key provisions of the most ambitious, and controversial, expansion of diversity jurisdiction in the last decade, the 2005 Class Action Fairness Act (CAFA), hinge diversity jurisdiction on the citizenship of persons conventionally believed beyond a …