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Full-Text Articles in Law and Race
Race, American Law And The State Of Nature, George A. Martinez
Race, American Law And The State Of Nature, George A. Martinez
Faculty Journal Articles and Book Chapters
This article advances a new theoretical framework to help explain and understand race and American law. In particular, the article argues that we can employ a philosophical model to attempt to understand what often occurs when the dominant group deals with persons of color. The article contends that when the dominant group acts with great power or lack of constraint, it often acts as though it were in what political philosophers have called the state of nature. Thus, this article argues that there is a tendency for the dominant group to act as though it were in the state of …
Immigration And The Meaning Of United States Citizenship: Whiteness And Assimilation, George A. Martinez
Immigration And The Meaning Of United States Citizenship: Whiteness And Assimilation, George A. Martinez
Faculty Journal Articles and Book Chapters
At the outset of the twenty-first century, United States immigration policy has become one of the most pressing issues of our time. In recent years, we have witnessed, among other things, calls for dramatically restricting immigration in light of an alleged threat to American national identity, increased border enforcement associated with thousands of deaths on the United States/Mexico border, vigilante activity, special immigration procedures enacted for the "War on Terror," and mass marches protesting draconian immigration reform in cities across the United States. Against this background, this essay seeks to explore what immigration and the various issues it raises have …