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Full-Text Articles in Law
Johnny Appleseed: Citizenship Transmission Laws And A White Heteropatriarchal Property Right In Philandering, Sexual Exploitation, And Rape (The Whp) Or Johnny And The Whp, Blanche Cook
Law Faculty Scholarly Articles
Title 8, United States Code, Section 1409-one of this country's
citizenship transmission laws-creates a white heteropatriarchal property right
in philandering, sexual exploitation, and rape (the "WHP"). Section 1409
governs the transmission of citizenship from United States citizens to their
children, where the child is born abroad, outside of marriage, and one parent is a
citizen and the other is not. Section 1409, however, draws a distinct gender
distinction between women and men: An unwed female American citizen who
births a child outside the United States, fathered by a foreign man, automatically
transmits citizenship to her child. An unwed male American …
Expatriation Restored, Jonathan David Shaub
Expatriation Restored, Jonathan David Shaub
Law Faculty Scholarly Articles
Expatriation - the loss or relinquishment of citizenship - has a long and divisive history as a fundamental concept of American citizenship. It has been the subject of contentious and robust debate from the very beginning of the country. This Article posits that the concept of expatriation today has little jurisprudential salience, despite its increasing rhetorical valence in the context of terrorism, because the historical development of the concept has obscured its meaning. Expatriation originally had a precise meaning: an individual right declared by the country in 1868 to be "indispensable" to the inalienable rights identified in the Declaration of …
Against Data Exceptionalism, Andrew Keane Woods
Against Data Exceptionalism, Andrew Keane Woods
Law Faculty Scholarly Articles
One of the great regulatory challenges of the Internet era—indeed, one of today's most pressing privacy questions—is how to define the limits of government access to personal data stored in the cloud. This is particularly true today because the cloud has gone global, raising a number of questions about the proper reach of one state's authority over cloud-based data. The prevailing response to these questions by scholars, practitioners, and major Internet companies like Google and Facebook has been to argue that data is different. Data is “unterritorial,” they argue, and therefore incompatible with existing territorial notions of jurisdiction. This Article …
From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini
From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini
Law Faculty Scholarly Articles
The sex-based distinctions of the Immigration and Nationality Act (INA) have been remarkably resilient in the face of numerous equal protection challenges. In Miller v. Albright, Nguyen v. INS, and most recently United States v. Flores-Villar — collectively the "citizenship transmission cases" — the Supreme Court has upheld the constitutionality of the INA’s provisions that require unwed fathers, but not unwed mothers, to take a series of affirmative steps in order to transmit citizenship to their children born abroad.
The conventional account of these citizenship transmission cases is that the Court upholds sex-based distinctions that would otherwise fail …
Modern Trends In The Judicial Concept Of The Relation Between Citizenship And The Suffrage, William David Stout
Modern Trends In The Judicial Concept Of The Relation Between Citizenship And The Suffrage, William David Stout
Kentucky Law Journal
No abstract provided.
Naturalization--Requirement Of Willingness To Bear Arms, William O. Gilbreath
Naturalization--Requirement Of Willingness To Bear Arms, William O. Gilbreath
Kentucky Law Journal
No abstract provided.