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Full-Text Articles in Law
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Journal Articles
This Article explores the relatively new idea in American legal thought that people of color are human beings whose dignity and selfhood are worthy of legal protection. While the value and protection of whiteness throughout American legal history is undeniable, non-whiteness' has had a more turbulent history. For most of American history, the concept of non-whiteness was constructed by white society and reinforced by law-i.e., through a process of socio-legal construction-in a way that excluded its possessor from the fruits of citizenship. However, people of color have resisted this negative construction of selfhood. This resistance led to the development of …
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Journal Articles
The state of Texas denies birth certificates to children born in the United States — and thus citizens under the Fourteenth Amendment — if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Court’s due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This short essay builds upon my earlier analysis by examining Obergefell v. Hodge’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I …