Posts Tagged ‘article’
Volume 42, Issue 1 (2024)
Richard Delgado and Ice Cube: Brothers in Arms
Symposium: Examining Critical Race Theory: Honoring Professor Richard Delgado
Transcending the Corporeal Prison: Eighth Amendment Jurisprudence, the Evolving Standard of Decency, and Sex Reassignment Surgery after Kosilek v. Spencer
Commentary: Jennifer Barber’s Landmark Research on the Connection Between Intimate Partner Violence and the Onset of Pregnancy
Betraying Brown: Rule 3535, School Re-Segregation in the Twin Cities, and the Chance to Change Course
Precarious Citizenship: Asian Immigrant Naturalization 1918 to 1925
During the height of the exclusion era, when Asian immigrants were prohibited from naturalizing and becoming United States citizens, state and federal court judges around the country naturalized at least 500 Asian immigrant servicepersons and veterans. Between 1918 and 1925, Federal Bureau of Naturalization officials and state and federal court judges had to determine whether the military naturalization provisions enacted in 1918 included the same racial restrictions that the general naturalization provisions included. This Article tells the story of how these officials and judges navigated statutory text, congressional intent, and the reality of Asian immigrant membership in the United States Armed Forces to determine the role that race vis-à-vis military service should play in determining citizenship eligibility. The story of Asian immigrant naturalization between 1918 and 1925 highlights a long-standing question within American citizenship and immigration law: how to measure an applicant’s adoption of and commitment to mainstream American values, norms, and practices. Are there accurate and reliable categories that measure cultural assimilation and allow for cost-effective and efficient decision-making? Alternatively, are categories sufficiently inaccurate and unreliable such that individualized assessments of specific cultural criteria offer the only legitimate approach? Based on administrative memos, state and federal court judicial opinions, and newspaper articles, this article reveals how state and federal court judges struggled with this general question and how the Supreme Court resolved the split that existed across the country. United States naturalization law continues to require category-based decision-making, and it is important that we similarly interrogate those categories to determine the extent to which they accurately and reliably measure the intended naturalization criteria.
Volume 38 Masthead
Sex and Economics: The Tie That Binds – Judicial Approaches to Sexual Harassment as a Title VII Violation
Incarcerated Parents and Their Children – Forgotten Families
Gilligan’s Travels
Bad Law Makes Hard Cases: Reflections on Teen-Aged Axe-Murderers, Judicial Activism, and Legislative Default
Equal Access to Air Transporation – The Only Way to Fly
Aristotle and Western Liberalism: The Fundamental Tenets of Judge A. Leon Higginbotham’s Scholarship
Symposium Honoring Judge A. Leon Higginbotham, Jr.
Employment Discrimination: A Statistician’s Look at Analysis of Disparate Impact Claims
The Uncertain Future of Sentencing Guidelines
Know When to Say When: An Examination of the Tax Deduction for Alcohol Advertising That Targets Minorities
The American Tradition of Language Rights: The Forgotten Right to Government in a Known Tongue
The Racing of American Society: Race Functioning as a Verb before Signifying as a Noun
Symposium: Our Private Obsession, Our Public Sin
Law, Language and Statehood: The Role of English in the Great State of Puerto Rico
Housing and Domestic Abuse Victims: Three Proposals for Reform in Minnesota
Cashing in on Older Workers: Age Discrimination Claims in Cash-Balance Pension Plans
Constitutionality of Minnesota’s Sodomy Law
Falling through the Cracks: The Unique Circumstances of HIV Disease under Recent Americans wtih Disabilities Act Caselaw and Emerging Privacy Policies
Emotions and Standing for Animal Advocates after ASPCA v. Ringling Bros. & (and) Barnum & (and) Bailey Circus
Tilting at Windmills: Brown II and the Hopeless Quest to Resolve Deep-Seated Social Conflict through Litigation
Symposium
Legal Conceptions of Equality in the Genomic Age
Commemorative Symposium – Law and Inequality: The next 25 Years