David Abraham

Professor of Law Emeritus

Social Justice/Public Interest Concentration Affiliated Faculty
J.D. 1989, University of Pennsylvania Law School
Ph.D. 1977, University of Chicago

David Abraham
Phone: (305)284-5535
Office: G285

David Abraham is Professor Emeritus of Law at the University of Miami. He has a B.A. and Ph.D. from the University of Chicago and a J.D. from the University of Pennsylvania.  Prior to Miami, Abraham taught German and European history in the History department at Princeton University.

Following graduation from law school, he served as law clerk to Judge Leonard Garth of the U.S. Court of Appeals for the Third Circuit and as an associate with Simpson Thacher & Bartlett. He joined the Miami faculty in 1991.

Abraham has published widely on issues of politics and economics in Germany and is the author of The Collapse of the Weimar Republic, which examined the conditions and fate of a social- democratic, class-compromise effort to establish a viable welfare state.  More recently he has written on immigration and citizenship law with a particular focus on citizenship in a neo-liberal era and problems of social solidarity and integration in Germany, Israel, and the US. He has published, among others, in Law and Social Inquiry, Politics & Society, the American Journal of Legal History, Citizenship Studies, the International Journal of Constitutional Law, Ethnic and Racial Studies, the International Migration Review, the Journal of Modern History, and various Law Reviews. His most recent book (2019) is entitled Wer gehört zu Uns?  Who Belongs to ‘Us’? Immigration, Integration, and Solidarity in the Welfare State.


Wer gehört zu uns? Who Belongs to “Us” (Göttingen and New York: Wallstein Verlag (2019).

Circumcision: Immigration, Religion, History, and Constitutional Identity in Germany and the U.S. , 18 German L.J. 1745 (2017).

Homogeneity, Pluralism and Toleration, Philosophie der Republik 289-303 (2017).

Einwanderung im Wohlfahrtsstaat: Die Solidarität und das Problem der Homogenität, 56 Der Staat 535 (2017).

The Cuban Adjustment Act of 1966: Past and Future, Lexis 2015 Emerging Issues 7331 (2015).

Law and Migration, Migration Theory: Talking across the Disciplines 289-318 (2014).

Immigrant Integration and Social Solidarity in a Time of Crisis: Europe and the US in a Post-Welfare State, 2 Critical Historical Studies 215-253 (2014).

The Contributions of Human Rights Struggles: A Comment, Norbert Frei, ed Toward a New Moral World Order 203 (2013).

To Have and Have Not: Dual Citizenship, nytimes.comroomfordebate (2012).

The Geometry of Inside and Outside: Alienage and Birthright Citizenship, 10 Berkeley Issues in Legal Scholarship (2011).

Comment: Regional; Trade Agreements, Human Rights, and the Rule of Law, 42 University of Miami Inter-American Law Review 291 (2011).

Doing Justice on Two Fronts: The Liberal Dilemma in Immigration, 33 Ethnic and Racial Studies 968-985 (2010).

The Citizen-Alien Distinction and the Global War on Terrorism, Yoav Peled et al eds., Democratic Citizenship in Times of War Routledge 77-100 (2010).

The Price of Entry, 19 Berlin Journal 40-44 (2010).

America, Germany, Israel: Three Modes of Citizenship and Incorporation, 78 International Labor and Working Class History 1-10 (2010).

America, Germany, Israel: Three Modes of Citizenship and Incorporation, 78 International Labor and Working Class History 1-10 (2010).

Recognizing the Problem of Solidarity: Immigration in the Post-Welfare State, 55 Wayne Law Review 1641 (2010).

The Bush Regime from Elections to Detentions: A Moral Economy of Carl Schmitt and Human Rights, 62 University of Miami Law Review 249 (2008).

Constitutional patriotism, citizenship, and belonging, 6 I•Con International Journal of Constitutional Law 137 (2008).

Doing Justice on Two Fronts: The Liberal Dilemma in Immigration, (2008).

Immigration Reform and Policy in the Current Politically Polarized Climate, 16 Temple Political and Civil Rights Law Review 457 (2007).

The Boundaries and Bonds of Citizenship: Recognition and Redistribution in the United States, Germany and Israel, Anthony Grafton and Marc Rodriguez, ed, Migration in History 201-49 (2007).

After Ethnicity and ‘Constitutional Patriotism’: Searching for a Capacious German Membership, Joaquin Roy ed. Toward the Completion of Europe 88-100 (2006).

Wie Weimar: Die Deutsche Wahl, 38 Die Zeit (2005).

Solidarity and Particularity: E Pluribus Unum, 6 Hagar: Studies in Culture, Polity and Identities 147 (2005).

American Jobs But Not the American Dream (op ed), New York Times A19 (2004).

Citizenship Solidarity and Rights Individualism: On the Decline of Citizenship in the U.S., Germany, and Israel, 53 Center for Comparative Immigration Studies (2002).

Is a Communist Father Still a Worthy Father? INS Discretion and Asylum Politics, 95 American Journal of International Law 204 (2001).

The Good of Banality? The Emergence of Cost-Benefit Analysis and Proportionality in the Treatment of Aliens in the U.S. and Germany, 5 Citizenship Studies 237 (2000).

Dealing with Histories of Oppression: Hannah Arendt’s Eichmann and William Styron’s Nat Turner. Histories of Oppression, Subject Positionality and Cultural Capital, 2 Rutgers Race and Law Review 87 (2000).

The Merits and Limits of Historical Adjudication and Government Inquiries, 18 Law and History Review 607 (2000).

The Collapse of the Weimar Republic: Political Economy and Crisis , Leiden and London, .

“Law and Migration,” chapter in Caroline Brettell and James Hollifield, eds, Migration Theory: Talking across the Disciplines .

Wege aus der Krise: Herkunft und Zukunft des sozialdemokratischen Kapitalismus, 173 WZB Mitteilungen .

Citizenship and Justice: Comments on Dimitry Kochenov’s Citizenship, 19 International Journal of Constitutional Law .

Class, Identity and ‘We the People', VerfBlog,.

, 44 Ethnic and Racial Studies .

 Media Appearances

“Barbara Lagoa, Cuban American judge, rises on Trump’s Supreme Court list as allies emphasize Florida campaign edge,” The Washington Post 2020

“Cuba, Venezuela Policy Could Prove Key to Winning Florida” in Law 360 2020

“Refugee Crises around the World,” on South Korean TV 2020

“Supreme Court Nominee Barbara Lagoa,” on Bloomberg Radio 2020

“Supreme Court Nominee Barbara Lagoa,” on WLRN, Miami 2020

"5 South Florida Attorneys Address Litigation Implications of Biden Administration on Cuban Relations," Miami Business Review and Law.com November 9 2020

 Presentations & Awards

Franz Neumann and Ernst Fraenkel: “The Dual State (March 11, 2021)

14th Amendment Citizenship and What It Means Today (June 1, 2021)

Explaining the US Elections (January 21, 2021)

Citizenship in the U.S. Constitution,” Drawing Boundaries: Turning Moments in the History of Citizenship (April 27, 2021)

David Abraham
Phone: (305)284-5535
Office: G285
Faculty Assistant

May, Catherine

Phone: (305) 284-3910
Office: G287

Area of Expertise

  • Immigration and Refugee Law
  • Property Law
  • Political Economy; Europe