Immigration Law Commons^™

The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler

Cornell Law Faculty Publications

This article considers the inheritance of the seventeenth-century English common law conception of the subject in nineteenth-century America and, ultimately, in the Supreme Court’s decision in United States v. Wong Kim Ark (1898). It examines the claims for birthright citizenship derived from British common law and the three principal arguments against them. These latter included: objections to the assertion of a federal common law of citizenship from the perspective of state sovereignty; arguments that the United States should embrace citizenship by blood rather than by birth in order to conform to the practice of the law of nations and other …

Brief Amici Curiae Of Legal Historians Listed Herein In Support Of Respondent, I.N.S. V. St. Cyr, No. 00-767 (U.S. Mar. 27, 2001), ., James Oldham

U.S. Supreme Court Briefs

No abstract provided.

Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero

Journal Articles

This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have …

A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell

Vanderbilt Journal of Transnational Law

The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.

The failure of schools requires America to take action. State …

The Role Of State Processes In The Production Of ‘Ethnic’ Conflict: The Nation-State Dialectic, Europeanisation And Globalisation, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper sets out to theorise the production of ‘ethnic’ and ‘national’ conflict via the complex interrelation between ‘Nation’ and ‘State’, in what is termed as the nation-state dialectic. It considers the production of ‘ethnic conflict’ and the role of nationalism, the state and class politics. It theorises the State as a social relation and as a power structure and then proceeds in linking it to the emergence of the nation-state construct. In theorising ‘the State’, the attempt is to go beyond considering it merely as a juridical-legal apparatus of power in a given territory, but to explore it also …

Europeanisation And Modernisation: Locating Cyprus In The Southern European Context, Nicos Trimikliniotis

Nicos Trimikliniotis

The question of ‘modernisation’ of the state in Cyprus has recently received a great deal of attention in Cypriot politics. During the last Parliamentary elections in May 2000, the question of ‘modernisation’ entered the political dictionary of the mainstream parties. All political forces professed to be ‘European’, they pledged commitment to the EU accession process and the debate over ‘modernisation’ was closely linked to the policies of harmonisation with the EU in the light of accession. However, little critical work exists to examine Europeanisation that assesses the specific policies employed, the policy goals and kind of issues the processes entails. …