Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (19)
- University of Miami Law School (7)
- University of Michigan Law School (7)
- Selected Works (6)
- Notre Dame Law School (4)
-
- American University Washington College of Law (3)
- University of Georgia School of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- American University in Cairo (2)
- University of Baltimore Law (2)
- BLR (1)
- Case Western Reserve University School of Law (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Golden Gate University School of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- New York Law School (1)
- Nova Southeastern University (1)
- Pace University (1)
- Penn State Law (1)
- SelectedWorks (1)
- Southern Methodist University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Denver (1)
- University of Florida Levin College of Law (1)
- University of Massachusetts School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Washington School of Law (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Indiana Journal of Global Legal Studies (18)
- University of Miami Inter-American Law Review (5)
- Journal Articles (4)
- Michigan Journal of International Law (4)
- Articles in Law Reviews & Other Academic Journals (3)
-
- Georgia Journal of International & Comparative Law (3)
- Michigan Law Review (3)
- Maryland Law Review (2)
- Theses and Dissertations (2)
- University of Baltimore Journal of International Law (2)
- University of Miami International and Comparative Law Review (2)
- Adam I. Muchmore (1)
- Articles by Maurer Faculty (1)
- Berta E. Hernández-Truyol (1)
- Brittany Fink (1)
- Case Western Reserve Journal of International Law (1)
- Emory International Law Review (1)
- Enid F. Trucios-Haynes (1)
- ExpressO (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Golden Gate University Law Review (1)
- Human Rights & Human Welfare (1)
- ILSA Journal of International & Comparative Law (1)
- Karl T Muth (1)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Maryland Series in Contemporary Asian Studies (1)
- Michael Kirsch (1)
- NYLS Law Review (1)
- Publication Type
- File Type
Articles 31 - 60 of 75
Full-Text Articles in Law
Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere
Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere
Indiana Journal of Global Legal Studies
Our world seems to be globalizing, yet in practice, it is marked more than ever by what Tania Murray Li calls "a conjuncture of belonging." The notion of autochthony plays a special role in this obsession with belonging as some sort of primordial claim: How can one belong more than if one is born from the soil itself? Since the 1990s, the notion has played a key role in politics in several parts of Africa. Yet, its spread has now become truly global. Comparisons with other parts of the world show that this notion retains its apparently "natural"s elf-evidence and, …
Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger
Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger
NYLS Law Review
No abstract provided.
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
Indiana Journal of Global Legal Studies
No abstract provided.
Anastasia Tataryn On The Deportation Regime: Sovereignty, Space, And The Freedom Of Movement. Edited By Nicholas Degenova And Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp., Anastasia Tataryn
Human Rights & Human Welfare
A review of:
The Deportation Regime: Sovereignty, Space, and the Freedom of Movement. Edited by Nicholas DeGenova and Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp.
Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez
Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez
Golden Gate University Law Review
This comment examines the unequal treatment of United States citizens who are labeled enemy combatants by looking at the factual and procedural background of Padilla, Hamdi and Lindh. Next, this comment examines the origins of the label enemy combatant and the constitutional safeguards afforded to criminal defendants in similar situations as Padilla, Hamdi,and Lindh. The terrorist acts Padilla, Hamdi, and Lindh are accused of involve international laws. Therefore, this comment will examine the Geneva Conventions as a means to understand humanitarian protections that may cover Padilla and Hamdi. Finally, this comment will provide recommendations for some of the issues raised.
The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings, Kendal Davis
Nevada Law Journal
In June 2008, France’s highest administrative court upheld a decision to deny citizenship to a Muslim woman because, essentially, she was ‘not French enough.’ This decision incited both praise and outrage in the international human rights arena regarding considerations such as the right to freedom of religion, gender equality, and citizenship.
This Note examines relevant French domestic law and international human rights instruments, and argues that while immigration and naturalization decisions remain an exercise of broad sovereign powers, the emerging human rights norm to be free from discrimination should apply in naturalization proceedings. Furthermore, despite judicial deference and flexibility to …
The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch
The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch
Journal Articles
This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard.
These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …
Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira
Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira
University of Miami Inter-American Law Review
No abstract provided.
Flying Passports Of Convenience, Karl T. Muth
Flying Passports Of Convenience, Karl T. Muth
Karl T Muth
This paper proposes an economic alternative to the legal construct of citizenship that currently dominates international law.
The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary
The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary
University of Miami Inter-American Law Review
No abstract provided.
No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan
No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan
ILSA Journal of International & Comparative Law
Imagine that you are looking for a better life. You immigrate to a new country and fourteen years later you become a citizen.
Rethinking The Political Future: An Alternative To The Ethno-Sectarian Division Of Iraq, Paul Williams, Matt Simpson
Rethinking The Political Future: An Alternative To The Ethno-Sectarian Division Of Iraq, Paul Williams, Matt Simpson
Articles in Law Reviews & Other Academic Journals
In the coming year, the political leadership in Iraq will need to make a final determination as to whether they are going to structure the state of Iraq as a federal state with ethnically heterogeneous provinces, a loose federal state with ethnically defined provinces or regions, or whether they are going to divide the state into three new states based on ethno-sectarian lines.
A number of prominent American law makers and foreign policy shapers have strongly advocated for the soft, and sometimes hard, partition of Iraq — either through the creation of a loose federal structure based on ethno-sectarian lines, …
International Travel And The Constitution, Jeffrey D. Kahn
International Travel And The Constitution, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This Article makes the case for the fundamental right of U.S. citizens to leave their country and return home again. Surprisingly, Americans do not enjoy such a right. Under current Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process. The controversial No Fly List is one result. Another is a new rule that went into effect in February 2008, under which all travelers now require the express prior permission of the U.S. Government to board any aircraft or maritime vessel that will enter or leave …
"They Say I Am Not An American…": The Noncitizen National And The Law Of American Empire, Christina Duffy Ponsa-Kraus
"They Say I Am Not An American…": The Noncitizen National And The Law Of American Empire, Christina Duffy Ponsa-Kraus
Faculty Scholarship
The American papers sometimes contain tales about persons who have forgotten who they are, what are their names, and where they live. The Porto [sic] Ricans find themselves in the same predicament as those absent-minded people. To what nationality do they belong? What is the character of their citizenship? ... [l]f since they ceased to be Spanish citizens they have not been Americans [sic] citizens, what in the name ·of heaven have they been?
Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen
University of Miami Inter-American Law Review
No abstract provided.
Any Place For Ethnicity? The Liberal State And Immigration, David Abraham
Any Place For Ethnicity? The Liberal State And Immigration, David Abraham
ExpressO
When it comes to immigration, almost all liberal states are faced with the contradiction between their universalist principles and the real affinities they feel for ethnic kinsmen. This review essay (4000 words) addresses the different ways a number of liberal democracies have handled this dilemma.
Guantanamo And Citizenship: An Unjust Ticket Home, Rory T. Hood
Guantanamo And Citizenship: An Unjust Ticket Home, Rory T. Hood
Case Western Reserve Journal of International Law
No abstract provided.
Programs For Democratic Citizenship In Mexico's Ministry Of Education: Local Appropriations Of Global Cultural Flows, Bradley A. U. Levinson
Programs For Democratic Citizenship In Mexico's Ministry Of Education: Local Appropriations Of Global Cultural Flows, Bradley A. U. Levinson
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk
Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk
UF Law Faculty Publications
An independent global citizenship without a local component and in the absence of the much-feared global government creates two concerns. One, an individual may imperil the rights of others, without a structure that can impose sanctions for the heinous conduct. Two, an individual's rights may be imperiled, and there may be no entity to provide protection. This essay proposes a model of a formal global citizenship that will alleviate these concerns and prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. Such citizenship …
Passports And Nationality In International Law, Adam I. Muchmore
Passports And Nationality In International Law, Adam I. Muchmore
Journal Articles
Shifts in state control over territory can have substantial consequences for the nationality of individuals. This Article explores situations where an individual finds that the state which issued him a passport no longer recognizes his nationality. The law of binding state action, a set of broadly-accepted rules regulating state representations to other states, may provide more protection for passport-holders than the “soft” norms of human rights law.
Changing Identities And Changing Laws: Possibilities For A Global Legal Culture, Russell Menyhart
Changing Identities And Changing Laws: Possibilities For A Global Legal Culture, Russell Menyhart
Indiana Journal of Global Legal Studies
No abstract provided.
The Participation Of States And Citizens In Global Governance, Saskia Sassen
The Participation Of States And Citizens In Global Governance, Saskia Sassen
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman
Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman
University of Miami International and Comparative Law Review
No abstract provided.
Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez
Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez
University of Miami International and Comparative Law Review
No abstract provided.
The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen
The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen
Indiana Journal of Global Legal Studies
No abstract provided.
How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen
How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen
Indiana Journal of Global Legal Studies
No abstract provided.
The Dawn Of Cosmopolitan Denizenship, Aristide R. Zolberg
The Dawn Of Cosmopolitan Denizenship, Aristide R. Zolberg
Indiana Journal of Global Legal Studies
No abstract provided.
The Need To Distinguish Denationalized And Postnational, Saskia Sassen
The Need To Distinguish Denationalized And Postnational, Saskia Sassen
Indiana Journal of Global Legal Studies
No abstract provided.
Contextual Citizenship, Heinz Klug
Contextual Citizenship, Heinz Klug
Indiana Journal of Global Legal Studies
No abstract provided.
Citizenship Denationalized (The State Of Citizenship Symposium), Linda Bosniak
Citizenship Denationalized (The State Of Citizenship Symposium), Linda Bosniak
Indiana Journal of Global Legal Studies
No abstract provided.