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Articles 1 - 30 of 58
Full-Text Articles in Law
Force And Effect: A Look At The Passport In The Context Of Citizenship, Claire Benoit
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 …
Editors' Foreword, Editors
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
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
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Fordham Law Review
No abstract provided.
The Boston Bombers, Leti Volpp
Expatriating Terrorists, Peter J. Spiro
Citizenship And Protection, Andrew Kent
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
Detention After The Aumf, Stephen I. Vladeck
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
Fordham Law Review
No abstract provided.
Formalizing Local Citizenship, Peter J. Spiro
Formalizing Local Citizenship, Peter J. Spiro
Fordham Urban Law Journal
This essay highlights recent state and local policies relating to immigrants and the respects in which they reflect the community membership of those who do not have national citizenship, and makes a case for bundling measures premised on alien membership through the institutional challenge of citizenship. The article also explores the modalities of a formalized local citizenship.
"Sanctuary Cities" And Local Citizenship, Rose Cuison Villazor
"Sanctuary Cities" And Local Citizenship, Rose Cuison Villazor
Fordham Urban Law Journal
This article explores the ways in which sanctuary laws illustrate the tensions between national and local citizenship, and specifically examines the ways in which "sanctuary cities" have constructed membership for undocumented immigrants located within their jurisdictions.
Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent
Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent
Faculty Scholarship
This Article uncovers the forgotten complex of relationships between the U.S. Constitution, citizenship and the laws of war. The Supreme Court today believes that both noncitizens and citizens who are military enemies in a congressionally-authorized war are entitled to judicially-enforceable rights under the Constitution. The older view was that the U.S. government’s military actions against noncitizen enemies were not limited by the Constitution, but only by the international laws of war. On the other hand, in the antebellum period, the prevailing view was U.S. citizenship should carry with it protection from ever being treated as a military enemy under the …
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Fordham Law Review
No abstract provided.
New Dimensions Of Citizenship, Editors' Forward
New Dimensions Of Citizenship, Editors' Forward
Fordham Law Review
No abstract provided.
Varieties Of Citizenship, Linda Bosniak
Flying The Mexican Flag In Los Angeles, Anupam Chander
Flying The Mexican Flag In Los Angeles, Anupam Chander
Fordham Law Review
No abstract provided.
Dimensions Of Citizenship In Contemporary Brazil, Evelina Dagnino
Dimensions Of Citizenship In Contemporary Brazil, Evelina Dagnino
Fordham Law Review
No abstract provided.
Engagements Across National Borders, Then And Now, Nancy Foner
Engagements Across National Borders, Then And Now, Nancy Foner
Fordham Law Review
No abstract provided.
Citizenship Talk: Bridging The Gap Between Immigration And Race Perspectives, Jennifer Gordon, Robin A. Lenhardt
Citizenship Talk: Bridging The Gap Between Immigration And Race Perspectives, Jennifer Gordon, Robin A. Lenhardt
Fordham Law Review
No abstract provided.
Against Citizenship As A Predicate For Basic Rights, David D. Cole
Against Citizenship As A Predicate For Basic Rights, David D. Cole
Fordham Law Review
No abstract provided.
E.U. Citizenship And Political Rights In An Evolving European Union, Jo Shaw
E.U. Citizenship And Political Rights In An Evolving European Union, Jo Shaw
Fordham Law Review
No abstract provided.
Citizenship Undone, Leti Volpp
Global Citizenship, Kwame Anthony Appiah
Stakeholder Citizenship And Transnational Political Participation: A Normative Evaluation Of External Voting, Rainer Bauböck
Stakeholder Citizenship And Transnational Political Participation: A Normative Evaluation Of External Voting, Rainer Bauböck
Fordham Law Review
No abstract provided.
Birthright Citizenship And The Alien Citizen, Mae M. Ngai
Birthright Citizenship And The Alien Citizen, Mae M. Ngai
Fordham Law Review
No abstract provided.
The Meaning Of American Citizenship In A Post-9/11 World, Peter H. Schuck
The Meaning Of American Citizenship In A Post-9/11 World, Peter H. Schuck
Fordham Law Review
No abstract provided.
Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell
Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell
Fordham Urban Law Journal
The purpose of this Article is to demonstrate that felon exclusion laws are not race neutral and that the application of the laws has a racially discriminatory effect, and to call for their abolition. The laws contribute to the erosion of citizenship rights for the individual African-American ex-felon, and the undermining of the collective citizenship rights of the larger African-American community. Part II discusses the conceptualization of citizenship that underscores the premise of the Article. Part III discusses the exclusions that ex-felons encounter and the resulting impact on the individual and the community. Using Alabama as a case study, Part …
Gender, Why Feminists Can't (Or Shouldn't) Be Liberals, Tracy E. Higgins
Gender, Why Feminists Can't (Or Shouldn't) Be Liberals, Tracy E. Higgins
Fordham Law Review
No abstract provided.