When States Take Rights Back


Book Description

When States Take Rights Back draws on contributions by international experts in history, law, political science, and sociology, offering a rare interdisciplinary and comparative examination of citizenship revocation in five countries, revealing hidden government rationales and unintended consequences. Once considered outdated, citizenship revocation - also called deprivation or denationalization - has come back to the political center in many Western liberal states. Contributors scrutinize the positions of stakeholders (e.g. civil servants, representatives of civil society, judges, supranational institutions) and their diverse rationales for citizenship revocation (e.g. allegations of terrorism, treason, espionage, criminal behaviour, and fraud in the naturalisation process). The volume also uncovers the variety of tools that national governments have at their disposition to change existing citizenship revocation laws and policies, and the constraints that they are faced with to actually implement citizenship revocation in daily operations. Finally, contributors underscore the extraordinary severity of sanctions implied by citizenship revocation and offer a nuanced picture of the material and symbolic forms of exclusion not only for those whose citizenship is withdrawn but also for minority groups (wrongly) associated with the aforementioned allegations. Indeed, revocation policies target not merely individuals but specific collective categories, which tend to be ethno-racially constructed and attributed specific location within the international status hierarchy of nation-states. International and interdisciplinary in scope, When States Take Rights Back will be of great interest to scholars of politics, international law, sociology and political and legal history, and Human Rights. The chapters were originally published in Citizenship Studies.




Revoking Citizenship


Book Description

"In 'Revoking Citizenship', Ben Herzog reveals America's long history of stripping citizenship away from both naturalized immigrants and native-born citizens. Tracing this history from the nation's beginnings through the War on Terror, Herzog locates the sociological, political, legal, and historic meanings of revoking citizenship. Why, when, and with what justification do states take away citizenship from their subjects? Using the history and policies of revoking citizenship as a lens, the book examines, describes, and analyzes the complex relationships between citizenship, immigration, and national identity."--







You Are Not American


Book Description

Shortlisted for the Mark Lynton History Prize Citizenship is invaluable, yet our status as citizens is always at risk—even for those born on US soil. Over the last two centuries, the US government has revoked citizenship to cast out its unwanted, suppress dissent, and deny civil rights to all considered “un-American”—whether due to their race, ethnicity, marriage partner, or beliefs. Drawing on the narratives of those who have struggled to be treated as full members of “We the People,” law professor Amanda Frost exposes a hidden history of discrimination and xenophobia that continues to this day. The Supreme Court’s rejection of Black citizenship in Dred Scott was among the first and most notorious examples of citizenship stripping, but the phenomenon did not end there. Women who married noncitizens, persecuted racial groups, labor leaders, and political activists were all denied their citizenship, and sometimes deported, by a government that wanted to redefine the meaning of “American.” Today, US citizens living near the southern border are regularly denied passports, thousands are detained and deported by mistake, and the Trump administration is investigating the citizenship of 700,000 naturalized citizens. Even elected leaders such as Barack Obama and Kamala Harris are not immune from false claims that they are not citizens eligible to hold office. You Are Not American grapples with what it means to be American and the issues surrounding membership, identity, belonging, and exclusion that still occupy and divide the nation in the twenty-first century.




Challenging Corporate Rule


Book Description

The complete text of the historic complaint by a coalition of some 25 local, state and national women's environmental and other civil society organizations to the California Attorney General to revoke the corporate charter of Union Oil Company of California (UNOCAL). The foreword by Ronnie Dugger, Chair of the Alliance for Democracy, and introduction by author Robert W. Benson, Professor of Law at the Loyola Law School in Los Angeles, seek to place charter revocation in the broader context of the struggle for democratic control of giant corporations. The introduction also provides concrete suggestions on challenging corporate rule in other states. A practical guide to citizen action against corporations, and must reading for all who cherish the democratic ideals on which this country was founded and who are prepared to join the struggle for their realization.




Citizenship Law in Africa


Book Description

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.




The Sovereign Citizen


Book Description

Present-day Americans feel secure in their citizenship: they are free to speak up for any cause, oppose their government, marry a person of any background, and live where they choose—at home or abroad. Denaturalization and denationalization are more often associated with twentieth-century authoritarian regimes. But there was a time when American-born and naturalized foreign-born individuals in the United States could be deprived of their citizenship and its associated rights. Patrick Weil examines the twentieth-century legal procedures, causes, and enforcement of denaturalization to illuminate an important but neglected dimension of Americans' understanding of sovereignty and federal authority: a citizen is defined, in part, by the parameters that could be used to revoke that same citizenship. The Sovereign Citizen begins with the Naturalization Act of 1906, which was intended to prevent realization of citizenship through fraudulent or illegal means. Denaturalization—a process provided for by one clause of the act—became the main instrument for the transfer of naturalization authority from states and local courts to the federal government. Alongside the federalization of naturalization, a conditionality of citizenship emerged: for the first half of the twentieth century, naturalized individuals could be stripped of their citizenship not only for fraud but also for affiliations with activities or organizations that were perceived as un-American. (Emma Goldman's case was the first and perhaps best-known denaturalization on political grounds, in 1909.) By midcentury the Supreme Court was fiercely debating cases and challenged the constitutionality of denaturalization and denationalization. This internal battle lasted almost thirty years. The Warren Court's eventual decision to uphold the sovereignty of the citizen—not the state—secures our national order to this day. Weil's account of this transformation, and the political battles fought by its advocates and critics, reshapes our understanding of American citizenship.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Denaturalized


Book Description

A Choice Outstanding Academic Title of the Year A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., Pulitzer Prize–winning author of Locking Up Our Own The United States has the world’s highest rate of incarceration in the world. As awful as that truth is, its social consequences—recycling offenders through an overwhelmed criminal justice system, ever-mounting costs, and a growing class of permanently criminalized citizens—are even more devastating. With the authority of a prominent legal scholar and the practical insights gained through her work on criminal justice reform, Rachel Barkow reveals how dangerous it is to base criminal justice policy on the whims of the electorate and argues for a transformative shift toward data and expertise.




Nationality and Statelessness under International Law


Book Description

This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.