Citizenship and the American Empire: Notes on the Legislative History of the United States Citizenship of Puerto Ricans

1980 ◽  
Vol 28 (2) ◽  
pp. 358
Author(s):  
Michael Reisman ◽  
Jose A. Cabranes
2021 ◽  

The fourth volume of The Cambridge History of America and the World examines the heights of American global power in the mid-twentieth century and how challenges from at home and abroad altered the United States and its role in the world. The second half of the twentieth century marked the pinnacle of American global power in economic, political, and cultural terms, but even as it reached such heights, the United States quickly faced new challenges to its power, originating both domestically and internationally. Highlighting cutting-edge ideas from scholars from all over the world, this volume anatomizes American power as well as the counters and alternatives to 'the American empire.' Topics include US economic and military power, American culture overseas, human rights and humanitarianism, third-world internationalism, immigration, communications technology, and the Anthropocene.


2008 ◽  
Vol 8 (1-2) ◽  
pp. 1-54 ◽  
Author(s):  
Attila Bogdan

AbstractState-parties to the International Criminal Court Statute have a general obligation to cooperate with the Court. The duty to cooperate represents the functional cornerstone of the Court's existence. A narrow exception to this duty is contained in Article 98 of the Statute, which provides for limited circumstances in which the Court must refrain from seeking a surrender of an individual to the Court. Following rules of treaty interpretation, as well as an examination of the legislative history of the ICC Statute, the article explores the scope of Article 98, the provision the United States relied on in concluding a series of bilateral agreements that are primarily aimed at preventing the surrender of any U.S. nationals to the ICC. The article considers the issue of what impact, if any, the agreements have in the context of extradition, and the U.S.' legal ability to fulfill the commitments made in the "Article 98" agreements.


2018 ◽  
Author(s):  
Stephen W. Yale-Loehr

18 Georgetown Immigration Law Journal (2003-04)Naomi Schorr, and Stephen W. Yale-LoehrWe wrote this article to address one question: Should a J-2 nonimmigrant exchange visitor be subject to the two-year foreign residence requirement of section 212(e) of the Immigration and Nationality Act (INA) if the J-1 principal is so subject? In trying to answer that question, the authors confronted additional issues that seem to have gone unresolved for close to half a century. If a J nonimmigrant is subject, be it J-1 or J-2, where can he fulfill the foreign residence requirement: in the country of his nationality or the country of his last residence? Does he have a choice? Where does a J-2 fulfill? In her J-1 spouse's country of nationality or last residence or her own? Can she combine periods that she spends in both? And how can she fulfill it? Do any periods of stay in the foreign residence count, or must there be a certain quality to periods spent in the foreign country? If a J-1 fulfills the two-year rule overseas but the J-2 remains in the United States, is the J-2 still subject? If so, why? And finally, who gets to decide if the alien is even subject in the first place?The article is intended to serve several purposes: (1) to lead to an understanding of how J-2 nonimmigrants became subject to the foreign residence requirement; (2) to sort out where and how the two-year obligation may be fulfilled; and (3) to provide the legal rationale and justification for a new regulatory scheme that would render the J-2 exempt from the two-year foreign residence requirement. Our research found that there is very little in the legislative history and nothing in the INA that compels the conclusion that a J-2 is subject to the two-year foreign residence requirement. In fact, a strong argument exists that the J-2 is clearly not subject. For these reasons, we recommend that the State Department and the U.S. Citizenship and Immigration Services (CIS) change their current interpretations to exempt J-2s from the two-year foreign residence requirement.We decided to write this article after listening to the remarks of a senior State Department official at a recent immigration law conference. That official was very clear in his view that the foreign residence requirement should not be imposed on J-2 nonimmigrants.This article looks at the legal premises and processes we engage in, examines the legislative history of the exchange visitor program, reviews the questions about J-2s that have been raised in liaison meetings between the American Immigration Lawyers Association (AILA) and the Department of State and the United States Information Agency (USIA), provides excerpts from some of the statements about fulfillment issues that have been made by representatives of those governmental agencies at a variety of AILA conferences since 1998, and analyzes case law, legal opinions, and relevant regulations. In so doing, it necessarily takes a long, hard look not just at the J-2 classification, but also the status to which it appends, the J-1.


Author(s):  
JoAnna Poblete

This book offers an alternative perspective to the standard narrative that views the history of labor in Hawaiian sugar plantations as an interesting sidebar to U.S. history, arguing that such a marginalization of the islands ignores the role of colonialism in the overall story of the nation. It also challenges the practice of distinguishing sharply between continental versus overseas U.S. expansionism, and especially the claim that the expansion of a nation to contiguous continental areas was a natural part of the development of a country. As it has demonstrated in this text, U.S imperialism manifested in the daily lives of Puerto Rican and Filipino laborers in Hawaiʻi. The book concludes with a discussion of two significant ways that U.S. colonialism still has an active influence on the daily lives of Puerto Ricans and Filipinos: the push for a change in Puerto Rico's temporary territorial relationship with the United States; and the quest for the return of the bells of Balangiga, taken as war booty in 1901 and currently displayed at a U.S. war memorial in Cheyenne, Wyoming.


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