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Xavi Becerra (2020)
ScholarsThe International Encyclopedia of Higher Education Systems and Institutions
(1901)
Downes v. Bidwell, 182 U.S.
“ Theoretical discussions of the content of citizenship . . . [often] take[] citizenship to be de fi ned primarily by rights. ”
(2013)
‘ A Chinaman ’ s Chance ’ in Court: Asian Paci fi c Americans and Racial Rules of Evidence , 3 U.C
(1954)
See Plessy v. Ferguson, 163 U.S. 537, 559 (1896) (Harlan, J., dissenting), overruled by Brown v. Bd. of Educ.
supra note 5, at 6 (using analogies of braids and bundles to describe distribution and combination of rights)
Nina Rabin, M. Combs, Norma González (2009)
Understanding Plyler's Legacy: Voices from Border SchoolsEducation Law eJournal
(2021)
“ Nationals ” but Not “ Citizens ” : How the U.S. Denies Citizenship to American Samoans
at 2540 (calling for overruling the Insular Cases to eliminate the "extraconstitutional zone
noting that territorial acquisitions raise questions relating to “ di ff erences of race, habits, laws, and customs of the people, and from di ff erences of soil, climate, and production, ”
William Araiza (2018)
Animus and Its Discontents, 71
discussing criticism of the Society of American Indians for “ desiring a US citizenship that would render Native sovereignties obsolete ”
Patrick Macklem (1993)
Distributing Sovereignty: Indian Nations and Equality of PeoplesStanford Law Review, 45
supra note 132, at 121 – 22 (describing anti-citizenship stance of American Samoan congressman Eni F. H. Faleomavaega)
at 219-22 (discussing rules); id. at 223 (discussing evacuation and detention in an Assembly Center
(1968)
Instead, she argued that long-standing precedent calls for "a fact-based, contextual inquiry into whether a right is fundamental in the context of an actual legal system
. at 58 ( “ The plainti ff s in Fong Yue Ting . . . were never deported, ‘ even though they lost. ’” )
K. Lomawaima (2013)
The Mutuality of Citizenship and Sovereignty: The Society of American Indians and the Battle to Inherit AmericaThe American Indian Quarterly, 37
G. Chin (2008)
The Plessy Myth: Justice Harlan and the Chinese Cases
Discretion and Disobedience , 29
(1944)
stating that, based on principles articulated in an earlier case
(1950)
C ITIZENSHIP AND S OCIAL C LASS 6 (Tom Bottomore ed.,
exclude those of Japanese ancestry from the West Coast war area at the time they did ” )
(2019)
For a discussion of key o ffi cials ’ fear that U.S. territorial expansion would require the extension of rights and citizenship under the Constitution
AMERICAN JOURNAL of LAW and EQUALITY Shalini Bhargava Ray* Citizenship is a powerful concept in public discourse, often regarded as a tool for promoting inclusion and racial equality. But citizenship has important limitations as a vehicle for achieving egalitarian aspirations. As scholars have noted, citizenship has an exclusionary logic, and gradations of citizenship are inevitable. Contrary to the conventional wisdom, it has often served as only a weak antidote to disadvantage based on race. Moreover, citizen- ship has not always brought greater rights or well-being for those who possess it. At times, its imposition has operated as an oppressive force. This essay, reflecting on one professor’s experience of teaching a law school seminar on citizenship, argues that the study of leading citizenship cases and associated scholarly com- mentary casts doubt on common assumptions about citizenship and its relationship to racial equality. Examining the history of American citizenship for free Black people, indigenous people, residents of United States territories, and Asian Americans exposes the ambiguity of a legal status typically associated with unalloyed social, political, and economic goods. Accordingly, this essay advocates for providing law students with opportunities to study citizenship law and theory. “Citizenship talk” remains potent, if not
American Journal of Law and Equality – MIT Press
Published: Sep 15, 2023
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