Tuesday, June 19, 2018
From the Bookshelves: Unequal Protection of the Law: The Rights of Citizens and Non-Citizens in Comparative Perspective by Richard T. Middleton, IV
Unequal Protection of the Law: The Rights of Citizens and Non-Citizens in Comparative Perspective by Richard T. Middleton, IV (West, 2018)
Unequal Protection of the Law: the Rights of Citizens and Non-Citizens in Comparative Perspective, explores the disparate allocation of legal rights of persons from a comparative, global perspective. In particular, the chapters herein canvass some of the timely, hot-topic issues relative to the legal rights of persons vis-à-vis the rights of citizens, migrants, refugees, and immigrants. In conducting a comparative analysis, the chapters elucidate how various migrant, refugee, and immigrant populations are disproportionately disadvantaged under national laws as compared to citizens within the same jurisdictions. The chapters also explicate how the disparate allocation of rights under national laws raises a number of human rights law violations. Towards this endeavor, the chapters discuss which particular international laws, treaties, declarations, and/or conventions are implicated as a result of the disparate and unequal treatment of migrants, refugees, and immigrants under law.
This book seeks to contribute important analyses and discussions on the current state of affairs relative to the rights of persons within the context of the rights of citizens vis-à-vis non-citizens (migrants, refugees and immigrants). In shedding light on how various migrant, immigrant and refugee populations are disproportionately disadvantaged under national laws as compared to citizens within the same jurisdictions, the chapters will raise general awareness of the differences in legal standing of people before the law. Students and scholars alike will gain exposure to timely international issues of civil rights and human rights – which can inform and guide the creation of norms relative to the rights all persons should enjoy as well as foment a greater awareness of the issue of legal rights within civil society. This book seeks to contribute scholarly discourse to the extant literature on citizenship and migration – and particularly – the interface of these two concepts. Lastly, this books aims to serve as a resource for students, scholars, practitioners, and even those with a casual interest, who seek a deeper understanding of some of the prevailing issues relative to the (dis)equal protection of laws throughout the globe.
Collectively, the chapters in this book weave together a mosaic of case-studies and narratives that poignantly illustrate the disparate allocation of legal rights of persons from a comparative, global perspective. The chapters also make a strong case for why we should care about the rights of persons; about why we should care about human rights.
Richard T. Middleton, IV, editor and contributor, is an Associate Professor of Political Science at the University of Missouri-St. Louis. Middleton is also an adjunct professor of law at St. Louis University School of Law where he teaches courses on immigration law and citizenship, social justice and human rights. He is also a licensed attorney who has practiced immigration law for many years.
Monday, June 11, 2018
From the Bookshelves: Vanishing Frontiers: The Forces Driving Mexico and the United States Together by Andrew Selee
Wall or no wall, deeply intertwined social, economic, business, cultural, and personal relationships mean the US-Mexico border is more like a seam than a barrier, weaving together two economies and cultures.
Mexico faces huge crime and corruption problems, but its remarkable transformation over the past two decades has made it a more educated, prosperous, and innovative nation than most Americans realize. Through portraits of business leaders, migrants, chefs, movie directors, police officers, and media and sports executives, Andrew Selee looks at this emerging Mexico, showing how it increasingly influences our daily lives in the United States in surprising ways--the jobs we do, the goods we consume, and even the new technology and entertainment we enjoy.
From the Mexican entrepreneur in Missouri who saved the US nail industry, to the city leaders who were visionary enough to build a bridge over the border fence so the people of San Diego and Tijuana could share a single international airport, to the connections between innovators in Mexico's emerging tech hub in Guadalajara and those in Silicon Valley, Mexicans and Americans together have been creating productive connections that now blur the boundaries that once separated us from each other.
Thursday, May 31, 2018
From the Bookshelves: HISPANICS IN THE U.S. CRIMINAL JUSTICE SYSTEM: Ethnicity, Ideology, and Social Control (Second Edition) by Martin Guevara Urbina and Sofía Espinoza Álvarez
HISPANICS IN THE U.S. CRIMINAL JUSTICE SYSTEM: Ethnicity, Ideology, and Social Control (Second Edition) by Martin Guevara Urbina and Sofía Espinoza Álvarez Published 2018
This updated and expanded new edition resumes the theme of the first edition, and the findings reveal that race, ethnicity, gender, class, and several other variables continue to play a significant and consequential role in the legal decision-making process. The book is structured into three sections, each of which corresponds to a different body of work on Latinos. Section One explores the historical dynamics and influence of ethnicity in law enforcement, and focuses on how ethnicity impacts policing field practices, such as traffic stops, use of force, and the subsequent actions that police departments have employed to alleviate these problems. A detailed examination of critical issues facing Latino defendants seeks to better understand the law enforcement process. The history of immigration laws as it pertains to Mexicans and Latinos explains how Mexicans have been excluded from the United States through anti-immigrant legislation. Latino officers must cope with structural and political issues, the community, and media, as these practices and experiences within the American police system are explored. Section Two focuses on the repressive practices against Mexicans that resulted in executions, vigilantism, and mass expulsions. The topic of Latinos and the Fourth Amendment reveals that the constitutional right of people to be protected against unreasonable searches and seizures has been eviscerated for Latinos, and particularly for Mexicans. Possible remedies to existing shortcomings of the court system when processing indigent defendants are presented. Section Three studies the issue of Hispanics and the penal system. The ethnic realities of life behind bars, probation and parole, the legacy of capital punishment, and life after prison are discussed. Section Four addresses the globalization of Latinos, social control, and the future of Latinos in the U.S. Criminal justice system. Lastly, the race and ethnic experience through the lens of science, law, and the American imagination, are explored, concluding with policy recommendations for social and criminal justice reform, and ultimately humanizing differences. Written for professionals and students of law enforcement, this book will promote the understanding of the historical legacy of brutality, manipulation, oppression, marginalization, prejudice, discrimination, power and control, and white America's continued fear about racial and ethnic minorities.
Tuesday, May 29, 2018
From the Bookshelves: BIRTHRIGHT CITIZENS: A HISTORY OF RACE AND RIGHTS IN ANTEBELLUM AMERICA by Martha S. Jones
As former slaves struggled to become citizens, they redefined citizenship for all Americans. Birthright Citizens is their story. Coming June 30, 2018 from Cambridge University Press and the Studies in Legal History series.
Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans. Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, fulfilling the long-held aspirations of African Americans.
Thursday, May 10, 2018
Wartime Los Angeles's Sleepy Lagoon Murder & Zoot Suit Riots w/ Eduardo Pagán - A True Crime History Podcast
I ran across this compelling podcast that offers a brief summary of a famous episode in Chicana/o history. Most Notorious! A True Crime History Podcast looks at two famous events in early 1940s Los Angeles that grabbed newspaper headlines: the murder of Jose Diaz and following trial of 22 boys, and the race riots between American sailors and zoot-suit wearing Mexican-American kids in downtown Los Angeles. Eduardo Obregón Pagán, a professor at Arizona State University. talks about his book, "Murder at the Sleepy Lagoon: Zoot Suits, Race, and Riot in Wartime L.A."
Monday, May 7, 2018
From the Bookshelves: From Extraction to Emancipation Development Reimagined by Raquel Aldana and Steven W. Bender
Growing out of a site visit to Guatemala in the summer of 2015 and a follow-up conference, Raquel Aldana and Steven Bender, editors, have produced an edited volume that considers Guatemala as a case study to examine broad global themes arising from development practices in emerging economies around the world, including the final theme of migration and development. The book includes chapters by fourteen scholars from the North and South, including Raquel Aldana, Steven Bender, Karrigan Börk, Julie Davies, Patrícia Ferreira, Lauren Gilbert, Christian Gonzalez, Beto Juarez, Mario Mancilla, Marcia Narine Weldon, Blake Nordahl, Mario Peña Chacon, Rachael Salcido and Maria Antonia Tigre.
A significant economic development strategy of emerging economies has involved the promotion of direct foreign investment and trade. While these practices have promoted steady economic growth, the book offers important lessons to investors and policy makers on strategies to improve distributional justice and respect for the rule of law. A large focus of the book is on enhancing corporate social responsibility, recognizing the unwillingness or inability of failed democracies to regulate industry’s potential ill effects on the environment and people, and in particular indigenous peoples who comprise a significant part of Guatemala’s population and are disproportionately poor. The book also examines such global themes as climate change, labor regimes in the context of trade, and forced migration (mostly from indigenous communities), all of which have transborder implications and across-border commonalities.
Part V of the book looks at the phenomena of migration and development. The recent surge of Central American unaccompanied minors and children fleeing with their mothers to the United States made it imperative to confront the human face of migrants whose fates are rooted in the dire reality that the countries from which they flee cannot or will not protect them. Largely, these migrants are escaping violence perpetuated by private actors, at times by gang members or even their own parents or spouses. Their stories of flight cannot be disengaged from the broader context in which the violence occurs. Theirs is also the story of failed nations, characterized by ineptitude, weakness and, even worse, indifference or at times even complicity. This story of failed nations applies beyond the reign of private “rogues” whom everyone agrees are bad actors (gangs, drug traffickers, violent criminals). The other side of the coin is a more nuanced story about the failing role of some of these Central American nations in regulating the acts of corporations, whether owned by the oligarchy or operated by transnational actors.
Blake Nordahl’s chapter, for example, narrates Evelia’s story. Evelia, like many other Central American asylum seekers, won her case based on a compelling story of domestic violence. Nordahl’s trip to Guatemala to study Evelia’s prior life in rural Guatemala, however, revealed to him and to readers a more complex entangled story of privatized violence that includes the historical and modern exploitation of people at the hands of Guatemala’s sugar industry. This carefully documented chapter makes a compelling case to move our own asylum and refugee laws beyond simple stories of individualized violence and to recognize the so-called “economic refugees” from nations like Guatemala as victims of a structural persecution that also involves collusion between the state and corporations.
Lauren Gilbert’s chapter connects Guatemala’s story of migration and violence to both the past and the present— the civil war years to now—and to the licit and illicit actors who exploit them. Her concluding chapter examines the role of gendered violence directed at women in El Salvador, Guatemala, and Honduras both during the political upheavals of the 1980s and 1990s and over the last decade, examining how the failure then to confront gender violence as a form of state-sponsored terrorism led to its role today in contributing to the climate of fear and instability that plagues the region. The gendered violence that propels migration today from the Northern Triangle is connected to this dark yet largely untold history. Today, the levels of violence in these countries match or surpass those during wartime. While today, Northern Triangle states largely blame private actors (e.g., gangs) for the resurgence of violence directed at women, Gilbert’s chapter shows that this new terror cannot be disentangled from these nations’ dark past with gendered state-sponsored violence.
In the end, both Nordahl and Gilbert look to international norms as part of the solution. Nordahl acknowledges that permanent solutions to Guatemala’s structural violence are largely a Guatemala project. However, he also documents that for the past twenty years Guatemala’s feeble attempts at land reforms and poverty alleviation through multiple policies have been largely inadequate. Thus, at least for now, Nordahl makes a compelling case that more expansive notions of persecution must be adopted as part of refugee law to recognize economic exploitation as persecution. For her part, Gilbert sees hope in international law’s evolution in recognizing gendered violence, a significant shift from when she worked as a UN Truth Commission lawyer in El Salvador more than twenty-five years ago. This new visibility and naming of gendered violence is an important first step to counter practices, including in the United States, of turning our backs on persecuted women and girls.
Thursday, May 3, 2018
From the Bookshelves: Undocumented: Immigration and the Militarization of the U.S.-Mexico Border by John Moore
Saturday, April 28, 2018
"The National Memorial for Peace and Justice is a six-acre site that overlooks Montgomery, the state capital. It uses sculpture, art and design to give visitors a sense of the terror of lynching as they walk through a memorial square with 800 six-foot steel columns that symbolize the victims. The names of thousands of victims are engraved on columns – one for each county in the United States where a lynching took place. In Alabama alone, a reported total of 275 lynchings took place between 1871 and 1920.
U.S. history books and documentaries that tell the story of lynching in the U.S. have focused on black male victims, to the exclusion of women. But women, too, were lynched – and many raped beforehand. In my book “Gender and Lynching,” I sought to tell the stories of these women and why they have been left out."
Here is a NPR report on the new memorial.
Wednesday, April 25, 2018
From the Bookshelves: The Girl Who Smiled Beads: A Story of War and What Comes After by Clemantine Wamariya and Elizabeth Weil
The Girl Who Smiled Beads: A Story of War and What Comes After by Clemantine Wamariya and Elizabeth Weil
Saturday, April 21, 2018
Welcome to the New World is an editorial cartoon series in 20 parts. It tells the story of two refugee families from Syria who are resettled in the United States. It's based on real life experiences and months of reporting by the NYT. The paper won a Pulitzer for the series this year in the area of Editorial Cartooning.
Monday, April 9, 2018
Tuesday, March 27, 2018
From the Bookshelves: The New Immigrant Whiteness: Race, Neoliberalism, and Post-Soviet Migration to the United States by Claudia Sadowski-Smith
Explores the racialization of immigrants from post-Soviet states and the nuances of citizenship for this new diaspora.
Mapping representations of post-1980s immigration from the former Soviet Union to the United States in interviews, reality TV shows, fiction, and memoirs, Claudia Sadowski-Smith shows how this nationally and ethnically diverse group is associated with idealized accounts of the assimilation and upward mobility of early twentieth-century arrivals from Europe. As it traces the contributions of historical Eastern European migration to the emergence of a white racial identity that continues to provide privileges to many post-Soviet migrants, the book places the post-USSR diaspora into larger discussions about the racialization of contemporary US immigrants under neoliberal conditions.
The New Immigrant Whiteness argues that legal status on arrival––as participants in refugee, marriage, labor, and adoptive migration–– impacts post-Soviet immigrants’ encounters with growing socioeconomic inequalities and tightened immigration restrictions, as well as their attempts to construct transnational identities. The book examines how their perceived whiteness exposes post-Soviet family migrants to heightened expectations of assimilation, explores undocumented migration from the former Soviet Union, analyzes post-USSR immigrants’ attitudes toward anti-immigration laws that target Latina/os, and considers similarities between post-Soviet and Asian immigrants in their association with notions of upward immigrant mobility. A compelling and timely volume, The New Immigrant Whiteness offers a fresh perspective on race and immigration in the United States today.
Wednesday, March 21, 2018
From New York Times bestseller and Pulitzer Prize winner Junot Díaz comes a debut picture book about the magic of memory and the infinite power of the imagination.
Every kid in Lola's school was from somewhere else.
Hers was a school of faraway places.
So when Lola's teacher asks the students to draw a picture of where their families immigrated from, all the kids are excited. Except Lola. She can't remember The Island—she left when she was just a baby. But with the help of her family and friends, and their memories—joyous, fantastical, heartbreaking, and frightening—Lola's imagination takes her on an extraordinary journey back to The Island. As she draws closer to the heart of her family's story, Lola comes to understand the truth of her abuela's words: “Just because you don't remember a place doesn't mean it's not in you.”
Gloriously illustrated and lyrically written, Islandborn is a celebration of creativity, diversity, and our imagination's boundless ability to connect us—to our families, to our past and to ourselves.
Tuesday, March 20, 2018
From the Bookshelves: Crossroads: Comparative Immigration Regimes in a World of Demographic Change by Anna K. Boucher and Justin Gest
Crossroads: Comparative Immigration Regimes in a World of Demographic Change by Anna K. Boucher and Justin Gest, Virginia Publication planned for: April 2018
In this ambitious study, Anna K. Boucher and Justin Gest present a unique analysis of immigration governance across thirty countries. Relying on a database of immigration demographics in the world's most important destinations, they present a novel taxonomy and an analysis of what drives different approaches to immigration policy over space and time. In an era defined by inequality, populism, and fears of international terrorism, they find that governments are converging toward a 'Market Model' that seeks immigrants for short-term labor with fewer outlets to citizenship - an approach that resembles the increasingly contingent nature of labor markets worldwide.
Monday, March 19, 2018
Send Them Back by Irwin Stotsky, forthcoming May 2018
Send Them Back that tells part of the story of a remarkable attempt, which spanned four decades, to bring the rule of law to refugees from the troubled nation of Haiti. It discusses several of the cases that civil rights lawyers, working directly with Haitians and other activists, filed and litigated for Haitian refugees, and the legal, social, and political aspects of such litigation. The litigation fostered structural legal changes, policies meant to cure the inequities in the treatment of refugees, and a determined political opposition to unfair and illegal immigration decisions.
Sunday, March 18, 2018
From the Bookshelves: Refugee Law and Policy: A Comparative and International Approach by Karen Musalo, Jennifer Moore, Richard A. Boswell, Annie Daher, 5th edition, July 2018
Refugee Law and Policy: A Comparative and International Approach by Karen Musalo, Jennifer Moore, Richard A. Boswell, Annie Daher, 5th edition, July 2018
The fifth edition of Refugee Law and Policy, which reviews legal developments through early 2018, provides a thoughtful scholarly analysis of refugee law and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective and enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts.
Although Refugee Law and Policy is directed toward students of US law, it draws on the legislation, jurisprudence and guidelines of other Refugee Convention and Protocol signatories, including Canada, the United Kingdom, Germany, Australia, New Zealand, and South Africa. The casebook is up to date on developments to harmonize refugee policy within the European Union, and includes discussion of relevant EU directives. Refugee Law and Policy also compares current trends in refugee law to parallel trends in human rights and humanitarian and international criminal law. In its treatment of both US and global trends, Refugee Law and Policy examines some of the most controversial contemporary issues in refugee law. This edition incorporates discussion of reforms and developments stemming from 9/11 and the wars in Iraq and Afghanistan, the Syrian refugee crisis, and the increase or “surge” in refugees entering the US as a result of rising violence in the northern triangle countries (El Salvador, Honduras, and Guatemala) of Central America over the last decade. It expands its focus on the denial of access to the territory of the country of asylum through use of interdiction, as well as expedited removal and similar “accelerated” procedures. It also discusses punitive measures intended to deter asylum seekers, such as the increased use of detention.
Refugee Law and Policy also carefully examines developments in the substantive interpretation of asylum claims. This edition includes substantial materials on the cutting-edge area of social group claims and their relevance to claims for protection based on gender-based persecution and LGBT status, as well as in the context of claims based on fear of gangs. It includes an extensive discussion of the “social distinction” and “particularity” requirements, which have had a significant impact on the scope of protection. Since the casebook addresses both substance and procedure, with a focus on practice as well as theory, it is an excellent text not only for students, but for practitioners and those in government agencies as well.
Saturday, March 17, 2018
From the Bookshelves: Immigration and Nationality Law: Cases and Materials, Fifth Edition, by Richard Boswell
Immigration and Nationality Law: Cases and Materials, Fifth Edition, by Richard Boswell, forthcoming June 2018
The fifth edition of Immigration and Nationality Law provides both a practical and theoretical framework for understanding the issues and procedural rules which constitute current US immigration law. The book covers all aspects of what is commonly regarded as immigration and nationality law, covering immigrant rights, citizenship, expatriation, inadmissibility, deportability, removal, waivers, relief from removal, asylum and refugees, nonimmigrant visas, and acquisition and loss of permanent residency. All of this is approached from both a substantive and procedural context, using problems and flow charts to help the student or new practitioner to more easily grasp this complicated subject matter.
The fifth edition has been significantly revised and incorporates case law and developments through December 2017 including the Travel Ban, DACA, and sanctuary city litigation. Since the book addresses both substance and procedure, with a focus on practice as well as theory, it is an excellent text not only for students, but for practitioners and those in government agencies.
Immigration and Nationality Law also includes a dynamic Teacher’s Manual which summarizes the cases providing additional questions and problems that can be used by the instructor,
Friday, March 16, 2018
From the Bookshelves: Brokering Servitude: Migration and the Politics of Domestic Labor during the Long Nineteenth Century by Andrew Urban
From the era of Irish Famine migration to the passage of quota restrictions in the 1920s, household domestic service was the single largest employer of women in the United States, and, in California, a pivotal occupation for male Chinese immigrants. Servants of both sexes accounted for eight percent of the total labor force – about one million people. In Brokering Servitude, Andrew Urban offers a history of these domestic servants, focusing on how Irish immigrant women, Chinese immigrant men, and American-born black women navigated the domestic labor market in the nineteenth century – a market in which they were forced to grapple with powerful racial and gendered discrimination.
Through vivid examples like how post-famine Irish immigrants were enlisted to work as servants in exchange for relief, this book examines how race, citizenship, and the performance of domestic labor relate to visions of American expansion. Because household service was undesirable work stigmatized as unfree, brokers were integral to steering and compelling women, men, and children into this labor. By the end of the nineteenth century, the federal government became a major broker of domestic labor through border controls, and immigration officials became important actors in dictating which workers were available for domestic labor and under what conditions they could be contracted.
Drawing on a range of sources – from political cartoons to immigrant case files to novels – Brokering Servitude connects Asian immigration, European immigration, and internal, black migration. The book ultimately demonstrates the ways in which employers pitted these groups against each other in competition for not only servant positions, but also certain forms of social inclusion, offering important insights into an oft-overlooked area of American history.
Thursday, March 15, 2018
From the Bookshelves: Undocumented: Immigration and the Militarization of the United States-Mexico Border by John Moore
John Moore has focused on the issue of undocumented immigration to the United States for a decade. His access to immigrants during their journey, and to U.S. federal agents tasked with deterring them, sets his pictures apart. Moore has photographed the entire length of the U.S. southern border, and traveled extensively throughout Central America and Mexico, as well as to many immigrant communities in the United States. His work includes rare imagery of ICE raids, mass deportations, and the resulting widespread fear in the immigrant community. For its broad scope and rigorous journalism, Undocumented: Immigration and the Militarization of the United States-Mexico Border is the essential record on the prevailing U.S. domestic topic of immigration and border security.
Here is one of Moore's photos.
Click here for more on Moore's book.
Friday, March 9, 2018
From the Bookshelves: In the Shadow of Korematsu Democratic Liberties and National Security by Eric K. Yamamoto
In the Shadow of Korematsu Democratic Liberties and National Security by Eric K. Yamamoto, Oxford University Press 2018
Portrays the present-day significance of the Supreme Court's never overruled 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration
Implicates prospects for judicial independence in adjudging harassment, exclusion, incarceration disputes in contemporary America and beyond
Engages the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage Links history to present-day controversies with an eye toward the future of United States democracy
Addresses multiple audiences targeting judges, lawyers and law and society scholars with careful sourcing and nuanced explanations while casting in explanatory language for non-law teachers and the concerned populace