Law Commons^™

Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White, Harvey Gee

Touro Law Review

No abstract provided.

Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk

Berta E. Hernández-Truyol

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 …

Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player

Georgia Journal of International & Comparative Law

No abstract provided.

Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito

Natsu Taylor Saito

Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.

Citizenship Undone, Leti Volpp

Leti Volpp

No abstract provided.

The Culture Of Citizenship, Leti Volpp

Leti Volpp

The headscarf debate in France exemplifies what is widely perceived as the battle between a culture-free citizenship and a culturally-laden other. This battle, however, presumes the existence of a neutral state that must either tolerate or ban particular cultural differences. In this Article, I challenge that presumption by demonstrating how both cultural difference and citizenship are imagined and produced. The citizen is assumed to be modern and motivated by reason; the cultural other is assumed to be traditional and motivated by culture. Yet citizenship is both a cultural and anti-cultural institution: citizenship positions itself as oppositional to culture, even as …

Force And Effect: A Look At The Passport In The Context Of Citizenship, Claire Benoit

Fordham Law Review

Citizenship provides benefits, guarantees, and protections of great value and emotional significance. The vast importance of citizenship has been referred to as the very “right to have rights.” The law creates a complex framework for how one becomes a citizen, proves citizenship, and potentially loses citizenship. This Note focuses on three documents purporting to establish proof of citizenship: the passport, the certificate of citizenship, and the certificate of naturalization. These three documents are at the center of 22 U.S.C. § 2705, a foundational proof of citizenship statute.

Courts are split on whether § 2705 allows a person to conclusively prove …

Illegitimate Borders: Jus Sanguinis Citizenship And The Legal Construction Of Family, Race, And Nation, Kristin Collins

Faculty Scholarship

The citizenship status of children born to American parents outside the United States is governed by a complex set of statutes. When the parents of such children are not married, these statutes encumber the transmission of citizenship between father and child while readily recognizing the child of an American mother as a citizen. Much of the debate concerning the propriety and constitutionality of those laws has centered on the extent to which they reflect gender-traditional understandings of fathers’ and mothers’ respective parental roles, or instead reflect “real differences” between men and women. Based on extensive archival research, this Article demonstrates …

Race And Immigration, Then And Now: How The Shift To "Worthiness" Undermines The 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes

All Faculty Scholarship

This essay looks at how far immigration reform has come from the explicit civil rights character of the 1965 immigration law that reshaped America. The optimism surrounding that law’s dismantling of national-origins barriers to immigration proved to be overstated in the intervening decades, as the factors determining an immigrant’s “worth and qualifications” too often became proxies for race. After briefly looking at work done by critical race theorists tracing some of ways race and immigration have long intersected in immigration legal history, the article closely examines modern-day immigration reform proposals, particularly the Senate bill that remains the most complete articulation …

Editors' Foreword, Editors

Fordham Law Review

No abstract provided.

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.

Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea

Fordham Law Review

The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …

The Citizenship Of Others, Muneer I. Ahmad

Fordham Law Review

No abstract provided.

Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem

Fordham Law Review

No abstract provided.

The Boston Bombers, Leti Volpp

Fordham Law Review

No abstract provided.

Expatriating Terrorists, Peter J. Spiro

Fordham Law Review

No abstract provided.

Citizenship And Protection, Andrew Kent

Fordham Law Review

This Article discusses the role of U.S. citizenship in determining who would be protected by the Constitution, other domestic laws, and the courts. Traditionally, within the United States, both noncitizens and citizens have had more or less equal civil liberties protections. But outside the sovereign territory of the United States, noncitizens have historically lacked such protections. This Article sketches the traditional rules that demarcated the boundaries of protection, then addresses the functional and normative justifications for the very different treatment of noncitizens depending on whether or not they were present within the United States.

Soil And Citizenship, Linda Bosniak

Fordham Law Review

No abstract provided.

Detention After The Aumf, Stephen I. Vladeck

Fordham Law Review

No abstract provided.

War Of The Words: Aliens, Immigrants, Citizens, And The Language Of Exclusion, D. Carolina Nunez

BYU Law Review

Words communicate more than their ordinary dictionary meaning. Words tell us about individuals' and communities' conscious and subconscious perceptions. The words we use are evidence of how we think, which, in turn, ultimately determines what we do. In this paper, I examine and compare the usage of the words "immigrant," "alien," and "citizen" to make observations on the nature of membership and belonging in the United States. While it is perhaps intuitive that these words carry very different connotations, here I use corpus linguistics to explore those connotations. I rely on the Corpus of Contemporary American English, a database of …

Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …

Heal The Suffering Children: Fifty Years After The Declaration Of War On Poverty, Francine J. Lipman, Dawn Davis

Scholarly Works

Fifty years ago, President Lyndon B. Johnson declared the War on Poverty. Since then, the federal tax code has been a fundamental tool in providing financial assistance to poor working families. Even today, however, thirty-two million children live in families that cannot support basic living expenses, and sixteen million of those live in extreme poverty. This Article navigates the confusing requirements of an array of child-related tax benefits including the dependency exemption deduction, head of household filing status, the Earned Income Tax Credit, and the Child Tax Credit. Specifically, this Article explores how altering the definition of a qualifying child …

Building A Dangerous Precedent In The Americas: Revoking Fundamental Rights Of Dominicans, Marselha Gonçalves Margerin, Monika Kalra Varma, Salvador Sarmiento

Human Rights Brief

No abstract provided.

Muslims Denied: How The Uscis Uses A Formerly Secret Program To Delay And Reject Naturalization Applications From Muslims And Other Minorities., Deepak Amrik Singh Ahluwalia

The Scholar: St. Mary's Law Review on Race and Social Justice

The Controlled Application Review and Resolution Program (CARRP) unduly burdens applicants of the United States naturalization process and creates the nearly impossible task of erasing any national security concern. Minorities, especially minorities of the Muslim faith, are subjected to unfair investigation and adjudication of their naturalization applications. Congress allegedly eradicated discrimination from the naturalization process with the Immigration and Nationality Act of 1952 (INA). The United States Citizenship and Immigration Services (USCIS), the agency in charge of overseeing lawful immigration to the United States, implemented CARRP in 2008 to establish a policy for handling naturalization cases which might be perceived …

Immigration's Family Values, Kerry Abrams, R. Kent Piacenti

Faculty Scholarship

No abstract provided.

Dilemmas Of Representation, Citizenship, And Semi-Citizenship, Elizabeth F. Cohen

Saint Louis University Law Journal

This Article takes up the question of “who counts?” with a three-part argument. The first part of the argument makes the case that citizenship in liberal democracies is subject to stresses caused by internal doctrinal conflict that result in the creation of semi-citizenship statuses that offer some individuals partial bundles of rights and semi-citizen statuses. Semi-citizenship is inevitable. The second part of the argument looks closely at how this affects the distribution of the political rights of citizenship: voting and representation. I make the argument that we ought not conflate voting and representation. Each is a distinct political right. People …

Revisiting The Tax Treatment Of Citizens Abroad: Reconciling Principle And Practice, Michael Kirsch

Journal Articles

In an increasingly mobile world, the taxation of citizens living abroad has taken on increased importance. Recent international administrative developments — most notably, the weakening of foreign bank secrecy and expansion of global information sharing norms — have further raised the profile of this issue. While U.S. law traditionally has taxed U.S. citizens living abroad in the same general manner as citizens living in the United States, a number of scholars have proposed abandoning the use of citizenship as a jurisdictional basis to tax. In its place, they would apply residence-based principles — i.e., exercising full taxing rights over U.S. …