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Articles 1 - 2 of 2
Full-Text Articles in Law
Boumediene V. Bush And Guantánamo, Cuba: Does The "Empire Strike Back"?, Ernesto A. Hernandez
Boumediene V. Bush And Guantánamo, Cuba: Does The "Empire Strike Back"?, Ernesto A. Hernandez
Ernesto A. Hernandez
Focusing on the U.S. Supreme Court decision in Boumediene v. Bush (2008) and the U.S. occupation of the Naval Station at Guantánamo Bay, Cuba, this article argues that the base’s legal anomaly heavily influences “War on Terror” detention jurisprudence. Anomaly is created by agreements between the U.S. and Cuba in 1903 and 1934. They affirm that the U.S. lacks sovereignty over Guantánamo but retains “complete jurisdiction and control” for an indefinite period; while Cuba has “ultimate sovereignty.” Gerald Neuman labels this as an anomalous zone with fundamental legal rules locally suspended. The base was chosen as a detention center because …
Global Migrations And Imagined Citizenship: Examples From Slavery And Chinese Exclusion And When Questioning Birthright Citizenship, Ernesto A. Hernandez-Lopez
Global Migrations And Imagined Citizenship: Examples From Slavery And Chinese Exclusion And When Questioning Birthright Citizenship, Ernesto A. Hernandez-Lopez
Ernesto A. Hernandez
This essay provides a brief introduction into an analysis of citizenship and migration by using a transnational and cultural studies lens. It argues that migration is a global phenomena and responding to this domestic law must imagine the contours of citizenship. This is done in a historical context examining the abolition of the trans-Atlantic slave trade in 1807, Dred Scott in 1857 and Wong Kim Ark in 1898, respectively 200, 150 and 111 years ago. This analysis is also applied to current migration between the U.S. and Mexico, examining Mexico's dual-nationality legal regime and public calls to revisit birthright citizenship …