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Full-Text Articles in Law
Birthright Citizenship In The United Kingdom And The United States, Michael Robert W. Houston
Birthright Citizenship In The United Kingdom And The United States, Michael Robert W. Houston
Vanderbilt Journal of Transnational Law
The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment's Citizenship Clause, which confers citizenship on those born within the United States and "subject" to its "jurisdiction." Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United Kingdom. Contemporary discourse with respect to territorial birthright citizenship, however, has shifted from its common law basis and now focuses on whether citizenship ought to inhere in children born to illegal immigrants. In the United Kingdom, the British Nationality Act of 1981 abandoned territorial birthright citizenship in favor of parentage based citizenship. …
Negotiation And Native Title: Why Common Law Courts Are Not Proper Fora For Determining Native Land Title Issues, Geoffrey R. Schiveley
Negotiation And Native Title: Why Common Law Courts Are Not Proper Fora For Determining Native Land Title Issues, Geoffrey R. Schiveley
Vanderbilt Journal of Transnational Law
The displacement of indigenous populations is an obvious but often-overlooked consequence of worldwide European colonization. Until relatively recently, the rights of these groups have consistently been held to lower standards of protection than those of their colonizing counterparts, partly through the use of doctrines such as terra nullius. While earlier decades established the groundwork for recognition of these rights, in the 1990s native rights issues became of greater importance to both the international community and individual nations. Some of this heightened interest can be attributed to a series of high-profile common law court cases that provided native populations with favorable …