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Full-Text Articles in Law
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
All Faculty Scholarship
This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …
The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis
The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis
Brigham Young University Prelaw Review
Why should the census avoid asking a question concerning citizenship?
Are there alternatives in providing information to aid government
functions while still protecting the rights of residents? In
early 2019, the Trump administration requested that the 2020 census
include an inquiry concerning the citizenship status of residents, for
claimed reasons of better legislation (i.e. the allocation of government
funds to the states and the drawing of electoral districts). The
Supreme Court considered this issue in Dept. of Commerce v. New
York. In sum, their opinion was, “not yet.” The Supreme Court did
not definitively conclude that it was unconstitutional to …
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon
University of Miami Law Review
The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the contemporary …
I Pledge Allegiance To One Global Nation: Redefining Citizenship Through The Institutionalization Of Cosmopolitan Principles In Response To The U.S. Immigration System, Giselle Lucia Avila
I Pledge Allegiance To One Global Nation: Redefining Citizenship Through The Institutionalization Of Cosmopolitan Principles In Response To The U.S. Immigration System, Giselle Lucia Avila
Senior Projects Spring 2020
Senior Project submitted to The Division of Social Studies of Bard College
Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf
Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf
Faculty Contributions to Books
In U.S. immigration law, disability has historically been associated with deviance, and has served as the basis for legal barriers to entry and eventual citizenship. For example, immigrants with actual and perceived physical and intellectual disabilities, mental illness, and other health conditions have been deemed “inadmissible” to the United States based on the belief that they are likely to become dependent on the government for support. Although the law has evolved to accommodate immigrants with disabilities in some ways, significant legal barriers still exist on account of the widespread, persistent characterization of disability as a “bad difference” from the norm. …
Making Litigating Citizenship More Fair, Ming H. Chen
Making Litigating Citizenship More Fair, Ming H. Chen
Publications
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