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Full-Text Articles in Law

Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos Jul 2021

Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos

University of Miami Law Review

Materiality plays an important role in limiting the reach of laws that penalize misrepresentations. Laws that include no materiality element punish any covered misrepresentation regardless of its relevance—like lying about hair color on a loan application. By contrast, laws that include a materiality element withhold punishment for immaterial misrepresentations of that kind—in other words, misrepresentations that have no tendency to affect the ultimate decision.
Our immigration laws make it a deportable offense for a noncitizen to “falsely represent” herself as a U.S. citizen for a purpose or benefit under the law. Although this law has been on the books for …


Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon Feb 2020

Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon

University of Miami Law Review

The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the contemporary …


Market Price, Social Price, And The Right To The City: Land Taxes And Rates For City Services In Brazil And The United States, Alan M. White Apr 2013

Market Price, Social Price, And The Right To The City: Land Taxes And Rates For City Services In Brazil And The United States, Alan M. White

University of Miami Inter-American Law Review

No abstract provided.


The Geometry Of Inside And Outside, David Abraham Jan 2011

The Geometry Of Inside And Outside, David Abraham

Articles

These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.


Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira Oct 2009

Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira

University of Miami Inter-American Law Review

No abstract provided.


The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary Jul 2008

The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary

University of Miami Inter-American Law Review

No abstract provided.


Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen Oct 2007

Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen

University of Miami Inter-American Law Review

No abstract provided.


Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham Jan 2007

Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham

Articles

No abstract provided.


Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham Jan 2007

Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham

Articles

No abstract provided.


The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero Apr 2002

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

University of Miami Law Review

No abstract provided.


Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez Jan 2001

Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez

University of Miami International and Comparative Law Review

No abstract provided.


Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman Jan 2001

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman

University of Miami International and Comparative Law Review

No abstract provided.


The Role Of Transnational Identity And Migration, Enid Trucios-Haynes Jan 1997

The Role Of Transnational Identity And Migration, Enid Trucios-Haynes

University of Miami Inter-American Law Review

No abstract provided.


Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker Jan 1997

Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker

Articles

No abstract provided.


The German Duality Of State And Society, David Abraham Jan 1996

The German Duality Of State And Society, David Abraham

Articles

No abstract provided.


The Dauntless Incident: Should A United States Public Vessel Be Declared A "Floating Piece" Of United States Territory For Citizenship Purposes?, Kim Kiel Oct 1989

The Dauntless Incident: Should A United States Public Vessel Be Declared A "Floating Piece" Of United States Territory For Citizenship Purposes?, Kim Kiel

University of Miami Inter-American Law Review

No abstract provided.