The Yale Law Journal

Neil C. Weare


After Aurelius: What Future for the Insular Cases?

Adriel I. Cepeda Derieux & Neil C. Weare

The Court’s recent failure to overrule the Insular Cases represents a missed opportunity to move past the racially motivated doctrine of territorial incorporation. Three cases involving the denial of citizenship, warrantless searches, and unequal benefits in U.S. territories demonstrate the Insular …