Table of Contents

Preface
Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented / Christina Duffy Burnett and Burke Marshall
I. History and Expansion
Some Common Ground / José A. Cabranes
Teutonic Constitutionalism: The Role of Ethno-Juridical Discourse in the Spanish-American War / Mark S. Weiner
A Constitution Led by the Flag: The Insular Cases and the Metaphor of Incorporation / Brook Thomas
Deconstructing Colonialism: The “Unincorporated Territory” as a Category of Domination / Efrén Rivera Ramos
II. Expansion and Constitution
Installing the Insular Cases into the Canon of Constitutional Law / Sanford Levinson
Fulfilling Manifest Destiny: Conquest, Race, and the Insular Cases / Juan F. Perea
U.S. Territorial Expansion: Extended Republicanism versus Hyperextended Expansionism / E. Robert Statham Jr.
Constitutionalism and Individual Rights in the Territories / Gerald L. Neuman
III. Constitution and Membership
Partial Membership and Liberal Political Theory / Mark Tushnet
Injustice According to Law: The Insular Cases and other Oddities / José Trías Monge
One Hundred Years of Solitude: Puerto Rico’s American Century / Juan R. Torreulla
A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico’s Sovereignty Imbroglio / Roberto Aponte Toro
IV. Membership and Recognition
Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico / José Julián Alvarez González
Puerto Rican National Identity and United States Pluralism / Angel Ricardo Oquendo
Puerto Rican Separatism and United States Federalism / Richard Thornburgh
The Bitter Roots of Puerto Rican Citizenship / Rogers M. Smith
A Note on the Insular Cases / Christina Duffy Burnett
Notes on Contributors
Index

About the Author

Christina Duffy Burnett is a law clerk in the U.S. Court of Appeals for the Second Circuit and is currently Research Associate in the Program in Law and Public Affairs at Princeton University.

Burke Marshall is Nicholas deB. Katzenbach Professor of Law and George W. Crawford Professorial Lecturer in Law, Emeritus, at Yale Law School. Among numerous honors and accomplishments, he served as Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice from 1961–1965 and is the author of Federalism and Civil Rights.

Reviews

"I can hardly contain my enthusiasm for this project, which brings together an array of authoritative scholars in the field. Foreign in a Domestic Sense is the most important work of its kind of our generation, a book that advances the scholarship while having a material impact on current and future debates about Puerto Rico's self-determination."- Francisco A. Scarano, author of Puerto Rico: Cinco Siglos de Historia