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In Re Ah Yup
''In re Ah Yup'' was an 1878 landmark court decision in the United States that deemed residents of Asian descent ineligible for naturalization. Since the existing laws allowed only for the naturalization of white people and black people, the Chinese plaintiff Ah Yup attempted to argue that Chinese people were white. A federal court in California dismissed this contention with reference to then current pseudoscientific and popular ideas about race, emphasizing that "Orientals" were unfit for participation in republican government because of the unsatisfactory political culture which existed in Asia at the time. Case classification Prerequisite cases were cases based on racial restrictions on naturalization. The first reported prerequisite case was handed down in 1878. From 1878 until the end of racial restrictions on naturalization in 1952, fifty-one more prerequisite cases were decided in jurisdictions around the country, all the way from California to Washington D.C. All of these ...
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Landmark Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of '' stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futur ...
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Racial Identity
A race is a categorization of humans based on shared physical or social qualities into groups generally viewed as distinct within a given society. The term came into common usage during the 1500s, when it was used to refer to groups of various kinds, including those characterized by close kinship relations. By the 17th century, the term began to refer to physical (phenotypical) traits, and then later to national affiliations. Modern science regards race as a social construct, an Identity (social science), identity which is assigned based on rules made by society. While partly based on physical similarities within groups, race does not have an inherent physical or biological meaning. The concept of race is foundational to racism, the belief that humans can be divided based on the superiority of one race over another. Social conceptions and groupings of races have varied over time, often involving Folk taxonomy, folk taxonomies that define Wikt:essentiality, essential types of i ...
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1878 In United States Case Law
Events January–March * January 5 – Russo-Turkish War – Battle of Shipka Pass IV: Russian and Bulgarian forces defeat the Ottoman Empire. * January 9 – Umberto I becomes King of Italy. * January 17 – Battle of Philippopolis: Russian troops defeat the Turks. * January 23 – Benjamin Disraeli orders the British fleet to the Dardanelles. * January 24 – Russian revolutionary Vera Zasulich shoots at Fyodor Trepov, Governor of Saint Petersburg. * January 28 – ''The Yale News'' becomes the first daily college newspaper in the United States. * January 31 – Turkey agrees to an armistice at Adrianople. * February 2 – Greece declares war on the Ottoman Empire. * February 7 – Pope Pius IX dies, after a 31½ year reign (the longest definitely confirmed). * February 8 – The British fleet enters Turkish waters, and anchors off Istanbul; Russia threatens to occupy Istanbul, but does not carry out the threat. * February ...
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United States Immigration And Naturalization Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Chinese-American History
Chinese Americans are Americans of Han Chinese ancestry. Chinese Americans constitute a subgroup of East Asian Americans which also constitute a subgroup of Asian Americans. Many Chinese Americans along with their ancestors trace lineage from mainland China, Hong Kong, Macau, Malaysia, Singapore, Taiwan, as well as other regions which are inhabited by large populations of the Overseas Chinese, Chinese diaspora, especially Southeast Asia and some other countries such as Australia, Canada, France, South Africa, New Zealand, and the United Kingdom. Chinese-Americans include Chinese from the Chinese circle and around the world who became naturalized U.S. citizens and their natural-born descendants in the United States. The Chinese American community is the largest overseas Chinese community outside Asia. It is also the third largest community in the Chinese diaspora, behind the Chinese communities in Chinese Thai, Thailand and Chinese Malaysian, Malaysia. The 2016 Community Survey ...
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Citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and the conditions under which that status will be withdrawn. Recognition by a state as a citizen generally carries with it recognition of civil, political, and social rights which are not afforded to non-citizens. In general, the basic rights normally regarded as arising from citizenship are the right to a passport, the right to leave and return to the country/ies of citizenship, the right to live in that country, and to work there. Some countries permit their citizens to have multiple citizenships, while others insist on exclusive allegiance. Determining factors A person can be recognized or granted citizenship on a number of bases. Usually, citizenship based on circumstances of birth is automatic, but an application may be required. ...
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Charles Sumner
Charles Sumner (January 6, 1811March 11, 1874) was an American statesman and United States Senator from Massachusetts. As an academic lawyer and a powerful orator, Sumner was the leader of the anti-slavery forces in the state and a leader of the Radical Republicans in the U.S. Senate during the American Civil War. During Reconstruction, he fought to minimize the power of the ex-Confederates and guarantee equal rights to the freedmen. He fell into a dispute with President Ulysses Grant, a fellow Republican, over the control of Santo Domingo, leading to the stripping of his power in the Senate and his subsequent effort to defeat Grant's re-election. Sumner changed his political party several times as anti-slavery coalitions rose and fell in the 1830s and 1840s before coalescing in the 1850s as the Republican Party, the affiliation with which he became best known. He devoted his enormous energies to the destruction of what Republicans called the Slave Power, that is, to the endin ...
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Congressional Debate
Congressional Debate (also known as Student Congress, Legislative Debate) is a competitive interscholastic high school debate event in the United States. The National Speech and Debate Association (NSDA), National Catholic Forensic League (NCFL) and many state associations and national invitational tournaments offer Congressional Debate as an event. Each organization and tournament offers its own rules, although the National Speech and Debate Association has championed standardization since 2007, when it began to ask its districts to use one of a number of procedures for qualification to its National Tournament. The Pakistan Student Congress event is a conference, and not interscholastic competition. In Congressional Debate, high school students emulate members of the United States Congress by debating pieces of legislation, including bills and resolutions. Before the event, each school submits mock legislation to each tournament. After the legislation has been compiled, it is ...
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Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ...
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Lorenzo Sawyer
Lorenzo Sawyer (May 23, 1820 – September 7, 1891) was an American lawyer and judge who was appointed to the Supreme Court of California in 1860 and served as the ninth Chief Justice of California from 1868 to 1870. He served as a United States circuit judge of the United States Circuit Courts for the Ninth Circuit and of the United States Court of Appeals for the Ninth Circuit. He is best known for handing down the verdict in the case of ''Woodruff v. North Bloomfield Gravel Mining Company;'' his verdict is frequently referred to as the "Sawyer Decision." Early years Sawyer was born on a farm in Le Roy, New York the eldest of six children. He worked on the farm during the summer and attended the district school in winter. At the age of fifteen he attended, for a short time, a high school at Watertown, New York, called the Black River Institute, where he became interested in the law. In 1837, having reached the age of seventeen, he went out on his own to pursue a course of stud ...
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Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area and 20% of its land area.Sayre, April Pulley (1999), ''Africa'', Twenty-First Century Books. . With billion people as of , it accounts for about of the world's human population. Africa's population is the youngest amongst all the continents; the median age in 2012 was 19.7, when the worldwide median age was 30.4. Despite a wide range of natural resources, Africa is the least wealthy continent per capita and second-least wealthy by total wealth, behind Oceania. Scholars have attributed this to different factors including geography, climate, tribalism, colonialism, the Cold War, neocolonialism, lack of democracy, and corruption. Despite this low concentration of wealth, recent economic expansion and the large and young population make Afr ...
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Naturalization Law Of 1802
The Naturalization Law of 1802 (, enacted April 14, 1802) was passed by the United States Congress to amend the residency and notice periods of the previous Naturalization Act of 1798. It restored the less prohibitive provisions of the Naturalization Act of 1795, namely reducing the required residency period for aliens to become eligible to be naturalized citizens of the United States, from 14 years to 5, and cutting the Declaration of Intention minimum notice time from 5 years to 3. The 1802 Act replaced the Naturalization Act of 1798 The Naturalization Act of 1798 (, enacted June 18, 1798) passed by the United States Congress, to amend the residency and notice periods of the previous Naturalization Act of 1795. It increased the period necessary for aliens to become naturali ..., and provided: * The "free white person" requirement remained in place * The alien had to declare, at least three years in advance, his intent to become a U.S. citizen. * The previous 14-year re ...
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