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Articles 1 - 7 of 7

Full-Text Articles in Law

Constituting Communities Through Words That Bind: Reflections On Loyalty Oaths, Sanford Levinson Jun 1986

Constituting Communities Through Words That Bind: Reflections On Loyalty Oaths, Sanford Levinson

Michigan Law Review

Preparation of this essay has not served to resolve my own ambivalences about what, after all, Duncan Kennedy once named the "fundamental contradiction" of all social life, the tension between "individual freedom" and the coercive communal life with "[o]thers (family, friends, bureaucrats, cultural figures, the state)" that is "necessary if we are to become persons at all - they provide us the stuff of our selves and protect us ,in crucial ways against destruction." It should not be surprising if something so fundamental does not prove amenable to resolution. In any case, the reader should not expect to find a …


Theories Of Loss Of Citizenship, T. Alexander Aleinikoff Jun 1986

Theories Of Loss Of Citizenship, T. Alexander Aleinikoff

Michigan Law Review

The underlying issue that I address in this essay is whether the Constitution ought to be read to prohibit denationalization of U.S. citizens. (I will use the term "denationalization" to refer to the government's act of terminating citizenship. "Expatriation" will be used to refer to an individual's voluntary relinquishment of citizenship.) In examining this question, I will explore citizenship from four different perspectives - rights, consent, contract, and community - in search of a theoretical framework for the Supreme Court's doctrine in the denationalization cases.


Community, Citizenship, And The Search For National Identity, Frederick Schauer Jun 1986

Community, Citizenship, And The Search For National Identity, Frederick Schauer

Michigan Law Review

As a test of this proposition, I want to explore the issue of alienage restrictions. Under what circumstances is it justifiable to draw lines based on whether a person is a citizen? Lines drawn on the basis of citizenship are a useful test of how seriously we take the idea of the nation as a relevant community and, more tangentially, of how seriously we take the idea of community itself. To the extent that we are skeptical of such lines, our concerns are to that extent individual-oriented, primarily focused on the adverse consequences of excluding some people from benefits or …


Judicial Abatement Of The Materiality Requirement In Denaturalization Proceedings: Eroding The Valued Rights Of Citizenship, Matthew E. Steinmetz Jan 1986

Judicial Abatement Of The Materiality Requirement In Denaturalization Proceedings: Eroding The Valued Rights Of Citizenship, Matthew E. Steinmetz

Notre Dame Law Review

No abstract provided.


The Concept Of Citizenship: Challenging South Africa's Policy, Joe W. (Chip) Pitts Iii Jan 1986

The Concept Of Citizenship: Challenging South Africa's Policy, Joe W. (Chip) Pitts Iii

Vanderbilt Journal of Transnational Law

The concept of citizenship has come to represent the full cluster of civil rights held by individuals as members of modern states. Therefore, of all the "reforms" undertaken by South Africa in response to the economic and political instability of the last two years, the most potentially far reaching was State President P. W. Botha's announcement that citizenship would be restored' to South African blacks. In September 1985, Botha affirmed that some form of citizenship would be extended to all South Africans. Finally, on July 2, 1986, the South African government passed The Restoration of South African Citizenship Act."


Levinson Builds The Kingdom: Comment On "Professing Law", Thomas L. Shaffer Jan 1986

Levinson Builds The Kingdom: Comment On "Professing Law", Thomas L. Shaffer

Journal Articles

This Article takes the perspective that the professed law is an idol. As such, it is false worship, which is led by false priests, and is rationalized by false prophets. Professor Shaffer proposes that those who believe in the will of God are presented with two tasks. First, one must tear down this idol, and secondly, one must then build the Kingdom. He focuses his discussion on how one can build the Kingdom, and examines the viability of a Kingdom built upon constitutionalism, citizenship, and community.


General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng Jan 1986

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

Articles

(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'