Tuesday, August 19, 2014
From the Bookshelves: Immigration Relief: Legal Assistance for Noncitizen Crime Victims by Elizabeth Anne Campbell, Rachel DeLia Settlage, Veronica Thronson
This essential resource synthesizes, explains, and guides the reader through all of the crucial components of this area of the law. Its careful organization, thorough explanations, and clear presentation demystify the daunting array of immigration statutes, cases, regulations, practice manuals, and policy memoranda that govern the adjudication of applications for immigration relief for immigrant victims of crime.
Monday, August 18, 2014
From the Bookshelves: THE CRIMINALIZATION OF IMMIGRATION: CONTEXTS AND CONSEQUENCES by Alissa R. Ackerman and Rich Furman (eds.).
THE CRIMINALIZATION OF IMMIGRATION: CONTEXTS AND CONSEQUENCES by Alissa R. Ackerman and Rich Furman (eds.). Durham, NC: Carolina Academic Press, 2014.
Immigration has become an increasingly popular topic often leading to passionate and powerful debate. The visceral emotions that stem from such debates transcends fact and paves the way for value conflicts over what it means to be an American. For most of our history, one of our most important narratives has been that we are a country that was built by and for immigrants. Indeed, the inscription on the Statue of Liberty reads, in part, “Give me your tired, your poor, your huddled masses yearning to breathe free.” For many generations we welcomed new generations of immigrants who added new levels of richness and possibility to our nation. This certainly influenced U.S. policy on the handling of immigrants, refugees, and asylum seekers. Yet, at the same time, a coexisting argument threatened this discourse. In this story, America is a country for Americans, and is threatened by “others”. While this part of the story is certainly not new, it has resurfaced in the wake of September 11th and, even more recently, has become a political tool utilized to serve the interests of those in power.
The Criminalization of Immigration: Contexts and Consequences explores these competing narratives and the consequences of criminalizing immigration in the United States and abroad. It examines the impact of national, state, and local legislation on the psychosocial well being of immigrants. The book explores key ways in which immigration is criminalized, and examines how the problematization of immigration becomes a political tool. The first chapters of the book explore the criminalization of immigration through the lens of pacification and the theater of cruelty. In both chapters, the authors seek to understand the process of “othering” members of the immigrant population to exact social control and to mollify the public. These front chapters set the tone for remainder of the book. They provide the impetus for why states have enacted, or have attempted to enact state level immigration laws that make it nearly impossible for the undocumented to live within the boundaries of these states. In section two, three U.S. states are highlighted: Arizona, Alabama, and Indiana. While the chapters on Arizona and Alabama summarize key aspects of state laws, author Sujey Vega highlights the life of one undocumented immigrant as she navigates life in the Heartland.
The book then turns its focus to the criminalization of immigration in a socio-political context. Here, four chapters provide explorations of the criminalization of immigration on labor standards enforcement, immigrant detention, the right wing perspective in the United States and in Europe, and white supremacy. Labor standards impact the rate by which undocumented immigrants are paid, which in turn impacts their health and safety within and outside the workplace, protections from workplace discrimination, and collective activity protections. The criminalization of immigration erodes many of the workplace and labor protections that we have come to view as essential. Similarly, the privatization of corrections has influenced the incarceration and detention of many undocumented immigrants and has even influenced the very laws described in section two of this book. If not for the possibility of profiting off of the detention of the undocumented, many of immigration related laws would not have come to fruition.
The next section of the book provides a transnational and international context to the criminalization of immigration. With chapters focusing on human rights violations, the transnational dimensions of Mexican migration, the making of the Maras, and the criminalization of immigration in the United Kingdom, these chapters ask the reader to examine the criminalization of immigration from a broader perspective. The reader learns how national issues become international and, likewise how international immigration issues influence national policy.
The final chapters of the book put the human face on the criminalization of immigration. Each chapter represents a case study of a specific aspect of the criminalization of immigration. They approach the issue from the viewpoint of a day laborer, an undocumented woman who has become a victim of domestic violence, a child whose parents are undocumented, and a detention officer who wrestles with his decisions to continue his job. Regardless of which chapters one reads, the raw emotion felt by placing oneself in each context is overwhelming.
Overall, The Criminalization of Immigration: Contexts and Consequences provides a complete examination of an issue that cuts through emotional value conflicts. It provides the facts and knowledge essential for a fair and balanced debate.
"THE CRIMINALIZATION OF IMMIGRATION: CONTEXTS AND CONSEQUENCES makes innovative use of real life stories of immigrants to acquaint readers with the multi-governmental complexities of the criminalization of undocumented immigrants. Although varied in style and tone, each well written essay commits to exposing the politics of immigration policymaking and, most importantly, to advocating for a humanitarian perspective on immigration which is likely to appeal to both academic and non-academic audiences."
Saturday, August 16, 2014
Porochista Khakpour’s 2007 debut novel, Sons and Other Flammable Objects, which portrays a family that flees Iran during the Iran Revolution to start a new life in Southern California, was a New York Times “Editor’s Choice” and won the California Book Award. Her personal essays appear regularly in The New York Times, and she currently teaches at Columbia University, Fordham University, and Wesleyan University. Khakpour’s second novel, The Last Illusion, was released in 2014.
Wednesday, August 13, 2014
From the Bookshelves: Immigrant America: A Portrait (Updated, and Expanded) by Alejandro Portes and Rubén G. Rumbaut
This revised, updated, and expanded fourth edition of Immigrant America: A Portrait provides readers with a comprehensive and current overview of immigration to the United States in a single volume. Updated with the latest available data, Immigrant America explores the economic, political, spatial, and linguistic aspects of immigration; the role of religion in the acculturation and social integration of foreign minorities; and the adaptation process for the second generation. This revised edition includes new chapters on theories of migration and on the history of U.S.-bound migration from the late nineteenth century to the present, offering an updated and expanded concluding chapter on immigration and public policy.
Tuesday, August 12, 2014
According to census projections, by 2050 nearly one in three U.S. residents will be Latino, and the overwhelming majority of these will be of Mexican descent. This dramatic demographic shift is reshaping politics, culture, and fundamental ideas about American identity. Neil Foley, a leading Mexican American historian, offers a sweeping view of the evolution of Mexican America, from a colonial outpost on Mexico’s northern frontier to a twenty-first-century people integral to the nation they have helped build.
Mexicans have lived in and migrated to the American West and Southwest for centuries. When the United States annexed those territories following the Mexican–American War in 1848, the unequal destinies of the two nations were sealed. Despite their well-established presence in farm fields, workshops, and military service, Mexicans in America have long been regarded as aliens and outsiders. Xenophobic fantasies of a tidal wave of Mexicans overrunning the borders and transforming “real America” beyond recognition have inspired measures ranging from Operation Wetback in the 1950s to Arizona’s draconian SB 1070 anti-immigration law and the 700-mile security fence under construction along the U.S.–Mexican border today. Yet the cultural, linguistic, and economic ties that bind Mexico to the United States continue to grow. Mexicans in the Making of America demonstrates that America has always been a composite of racially blended peoples, never a purely white Anglo-Protestant nation. The struggle of Latinos to gain full citizenship bears witness to the continual remaking of American culture into something more democratic, egalitarian, and truer to its multiracial and multiethnic origins.
Thursday, August 7, 2014
Joseph Carens is arguably the most prominent political theorist to defend open borders, a view which he did much to make intellectually respectable in a famous 1987 article, “Aliens and Citizens: The Case for Open Borders.” In The Ethics of Immigration, Carens again defends the open borders view, but with a new rationale. Whereas before he argued that seemingly opposed philosophies provided converging support for open borders, now he bases his case on “democratic principles,” by which he means uncontroversial moral commitments that are widely shared in liberal states. Carens argues that one such commitment is to freedom, which can be understood as “not being the subject of the will of another.” A commitment to such a value would explain why freedom of movement within a state is considered a basic human right. But, Carens asks, if we have a general right to freedom of movement within countries, why not between them?
Carens has long noted that despite the attractiveness of open borders at the level of pure justice, it is deeply at odds with how immigration policy is normally viewed. Given this, Carens’ many writings on immigration have long approached it from a second perspective, one that puts aside questions of ideal theory and takes for granted the conventional view that states are entitled to discretionary control over their borders. This second perspective is the dominant one in The Ethics of Immigration, as Carens spends most of the book outlining standards of fair treatment for permanent residents, temporary workers, refugees and other migrants that do not presuppose any commitment to open borders. In this mode Carens offers a revised version of one his most thought-provoking and controversial arguments, defending amnesty for immigrants who first arrive illegally.
Carens’ investigation of immigration issues at both the level of ideal justice and the more immediate plane of the debate over amnesty and related issues makes his book unusually rich. It has the rare virtue of being both philosophically rigorous and politically relevant.
Friday, July 25, 2014
From the Bookshelves: The Right to Equality in European Human Rights Law The Quest for Substance in the Jurisprudence of the European Courts by Charilaos Nikolaidis
The Right to Equality in European Human Rights Law The Quest for Substance in the Jurisprudence of the European Courts by Charilaos Nikolaidis Routledge – 2015 – 238 pages
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ).
In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law.
The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Charilaos Nikolaidis holds an LLB (Hons) from City University London, an LLM (Hons) from University College London and a PhD in law from the Dickson Poon School of Law, King’s College London, where he also taught public law for several years. Dr Nikolaidis currently practices law in Greece.
Thursday, July 24, 2014
In this completely revised and updated second edition of Human Rights Law, the judicial interpretation and application of the United Kingdom's Human Rights Act 1998 is comprehensively examined and analysed. Part I concerns key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights.
In Part II of the book, the Convention rights as interpreted and applied by United Kingdom courts, are discussed in detail. All important Convention rights are included with a new chapter on freedom of thought, conscience and religion. Other Convention rights considered in the national context include: the right to life; freedom from torture; the right to liberty; fair trial; the right to private life, family life and home; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The second edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.
Merris Amos is a member of the Department of Law, Queen Mary University of London. She has many years of experience in researching and teaching human rights law and has published widely in the area. Her particular area of expertise is the United Kingdom's Human Rights Act.
Wednesday, July 23, 2014
From the Bookshelves: Border Insecurity: Why Big Money, Fences, and Drones Aren't Making Us Safer by Sylvia Longmire
Border Insecurity: Why Big Money, Fences, and Drones Aren't Making Us Safer by Sylvia Longmire, Publication Date April 2014, Publisher Palgrave Macmillan
When confronted with the challenges of border security and illegal immigration, government officials are fond of saying that our borders have never been as safe and secure as they are now. But ranchers in the borderlands of Arizona and Texas fear for their lands, their cattle, their homes, and sometimes their lives due to the human and drug smuggling traffic that regularly crosses their property. Who is right? What does a secure border actually look like? More importantly,is a secure border a realistic goal for the United States? Border Insecurity examines all the aspects of the challenge - and thriving industry - of trying to secureour land borders. It looks at on-the-ground issues and controversies like the border fence, the usefulness of technology, shifts in the connection between illegal immigration and drug smuggling, and the potential for terrorists and drug cartels to work together. Border Insecurity also delves into how the border debate itself is part of why the government has failed to improve information sharing and why this is necessary to establish a clear and comprehensive border security strategy.
Sylvia Longmire was a Special Agent in the Air Force and a senior intelligence analyst for the state of California. Currently, Longmire is an independent consultant, and testifies as an expert witness on U.S. asylum cases. She lives in Arizona.
Monday, July 21, 2014
From the Bookshelves: Haven: The Dramatic Story of 1,000 World War II Refugees and How They Came to America by Ruth Gruber
The powerful story of a top-secret mission to rescue one thousand European refugees in the midst of the Second World War. In 1943, nearly one thousand European refugees from eighteen different countries set out on a journey for asylum in the United States. Accompanying them was Ruth Gruber, who with the backing of the United States government, was made a simulated General to escort the refugees on their secret mission across the Atlantic from a port in Italy to a camp in Oswego, New York-a dangerous endeavor that carried the threat of Nazi capture with each passing day. While on board the ship that was to transport them to America, Gruber recorded the stories of the refugees, and she presents them in vivid detail here. The result is a poignant and engrossing story of suffering under Nazi persecution and bravery in the face of the most overwhelming of circumstances.
Friday, July 18, 2014
From the Bookshelves: Refugee Protection and the Role of Law Conflicting Identities Edited by Susan Kneebone, Dallal Stevens, Loretta Baldassar
Refugee Protection and the Role of Law Conflicting Identities Edited by Susan Kneebone, Dallal Stevens, Loretta Baldassar Routledge – 2015 – 324 pages
Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidentsof refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice.
Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?
Tuesday, July 15, 2014
Religious and Ethical Perspectives on Global Migration by Elizabeth W. Collier (Editor) and Charles R. Strain (Editor). Contributors include Marie T. Friedmann Marquardt, Gemma Tulud Cruz, Ogenga Otunnu, Marianne Heimbach-Steins, Marco Tavanti, Moses Pava, Azam Nizamuddin, Frida Kerner Furman, Rev. John M. Fife, Kim Bobo, Sioban Albiol, Rev. Craig B. Mousin.
Religious and Ethical Perspectives on Global Migration examines the complicated social ethics of migration in today’s world. Editors Elizabeth W. Collier and Charles R. Strain bring the perspectives of an international group of scholars toward a theory of justice and ethical understanding for the nearly two hundred million migrants who have left their homes seeking asylum from political persecution, greater freedom and safety, economic opportunity, or reunion with family members. Migrants move out of fear, desperation, hope, love for their families, or a myriad of other complex motivations. Faced with both the needs and flows of people and the walls that impede them, what actions ought we, both individually and collectively, take? What is the moral responsibility of those of us, in particular, who reside comfortably in our native lands? There is no univocal response to these questions. Instead multiple perspectives on migration must be examined.
This book begins by looking at different geographic regions around the world and highlighting particular issues within each. Finding that religious traditions represent the strongest countervailing sources of values to the homogenizing tendencies of economic globalization, the study then offers a plurality of religious perspectives The final chapters examine the salient issues and the proposed solutions that have emerged specifically within the U.S. context. These studies range from militarization of the U.S. border with Mexico to the impact of migrants on native-born low-skilled workers.
Encompassing a wide range of cultural and scholarly voices, Religious and Ethical Perspectives on Global Migration provides insight for ethics, moral philosophy, social and political philosophy, religious studies, social justice, globalization, and identity formation.
Friday, July 11, 2014
Mediating Human Rights: Culture, Media and the Human Rights Act by Lieve Gies Routledge – 2015
Drawing on social-legal, cultural and media theory, this book is one of the first to examine the media politics of human rights. It examines how the media construct the story of human rights, investigating what lies behind the apparent media hostility to human rights and what has become of the original ambition to establish a human rights culture. The human rights regime has been high on the political agenda ever since the Human Rights Act 1998 was enacted. Often maligned in sections of the press, the legislation has entered popular folklore as shorthand for an overbearing government, an overzealous judiciary and exploitative claimants. This book examines a range of significant factors in the mediation of human rights, including: Euroscepticism, the war on terror, the digital reordering of the media landscape, press concerns about an emerging privacy law and civil liberties.
Mediating Human Rights is a timely exploration of the relationship between law, politics and media. It will be of immense interest to those studying and researching across Law, Media Studies, Human Rights, and Politics.
Lieve Gies is a Senior Lecturer in the Department of Media and Communication at the University of Leicester. Her main research interests are in the area of media representations of the law.
Wednesday, July 9, 2014
From the Bookshelves: The Criminal Lawyer's Guide to Immigration Law: Questions and Answers, Second Edition by Robert J McWhirter
The Criminal Lawyer's Guide to Immigration Law: Questions and Answers, Second Edition by Robert J McWhirter
This concise guide focuses on the criminal lawyer's most common questions about immigration law and representing noncitizens. The answers are clear and carefully focused and in most instances direct you to specific cases or more in-depth resources.
8 REASONS U.S. TRADE AND IMMIGRATION POLICIES--NOT "LAX IMMIGRATION ENFORCEMENT"--HAVE CAUSED MIGRATION FROM CENTRAL AMERICA
David Bacon explains that U.S. foreign and immigration policy is responsible for much of the pressure causing this flow of people from Central America. Importantly, the migration of children and families didn╒t just start recently. It has been going on for a long time, although the numbers are increasing. The tide of migration from Central America goes back to wars that the U.S. promoted in the 1980s, in which we armed the forces, governments or contras, who were most opposed to progressive social change. Two million Salvadorans alone came to the U.S. during the late 1970s and 80s, to say nothing of Guatemalans and Nicaraguans. Whole families migrated, but so did parts of families, leaving loved ones behind with the hope that some day they'd be reunited.
The recent increase in the numbers of migrants is not just a response to gang violence, although this is virtually the only reason given in U.S. media coverage. Growing migration is as much or more a consequence of the increasing economic crisis for rural people in Central America and Mexico, as well as the failure of those economies to produce jobs. People are leaving because they can't survive where they are.
The failure of Central America's economies is mostly due to the North American and Central American Free Trade Agreements and their accompanying economic changes, including privatization of businesses, the displacement of communities by foreign mining projects and cuts in the social budget. The treaties allowed huge U.S. corporations to dump corn and other agricultural products in Mexico and Central America, forcing rural families off their lands when they could not compete.
This interesting story in The Atlantic tells of a recent meeting in the White House with President Obama and immigrant advocates discussing the possibility for reform. It is optimistic that the President will use his executive powers to the extent possible to bring about immigration change (since Congress will not). We will see what happens. Stay tuned!
Monday, July 7, 2014
Global Business Immigration Practice Guide, 2014 Edition Alliance of Business Immigration Lawyers. Publisher: Matthew Bender
This new Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world. Written and edited by a global team of expert attorney members of the Alliance of Business Immigration Lawyers (ABIL), this comprehensive guide is designed to be used by:
· Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries
· Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals, and
· Attorneys interested in expanding their practice to include global business immigration services.
This publication provides:
· An overview of the immigration law requirements and procedures for over twenty countries
· Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries
· A general overview of the appropriate options for a particular employee
· Information on how an employee can obtain and maintain authorization to work in a target country
Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL's attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.
AUTHORS Stephen Yale-Loehr, General Editor, Miller Mayer, Ithaca, NY Nancy Lorena Acevedo, Wolfsdorf Immigration Law Group, Los Angeles, CA; Enrique Arellano, Enrique Arellano Rincon Abogados, S.C., Mexico; Mariana Alfaro, Cordero & Cordero Abogados, Costa Rica; Jacqueline Bart, Jacqueline Bart & Associates, Canada; Timur Beslangurov, VISTA Foreign Business Support, Russia; Ursina Brack, VISCHER Ltd., Switzerland; David Cantrell, Eugene F. Collins, Ireland; Bernard Caris, Liedekerke Wolters Waelbroeck Kirkpatrick, Belgium; Maria Lianides Celebi, Bener Law Office, Turkey; Zhu (June) Cheng, Fredrikson & Byron, Minneapolis, MN; Eugene Chow, Chow King & Associates, China; Steven A. Clark, Flynn & Clark, P.C., Cambridge, MA; Esther Contreras, Masuda Funai, Schaumburg, IL; Arnold Conyer, Diamon Conway, Australia; Ricardo Cordero, Cordero & Cordero Abogados, Costa Rica; Laura Danielson, Fredrikson & Byron, Minneapolis, MN; Laura Devine, Laura Devine Solicitors, UK; Mareza I. Estevez, Cognizant Technology Solutions, Teaneck, NJ; Rami Fakhoury, Fakhoury Law Group, P.C., Troy, MI; Avi Friedman, Wolfsdorf Immigration Law Group, Los Angeles, CA; Bryan Funai, Masuda Funai, Chicago, IL; Steven H. Garfinkel, Garfinkel Immigration Law Firm, Charlotte, NC; Avi Gomberg, Gomberg Dalfen, Canada; Urs Haegi, VISCHER Ltd., Switzerland; Kenneth Ing, Porta Immigration, Canada; Mark Ivener, Ivener & Fullmer LLP, Los Angeles, CA; Jelle Kroes, Kroes Advocaten Immigration Lawyers, Netherlands; Mark Levey, Fakhoury Law Group, Troy, MI; Daniela Lima, EMDOC, Brazil; Hannah Little, Garfinkel Immigration Law Firm, Charlotte, NC; Edward R. Litwin, Litwin & Associates, San Francisco, CA; Robert F. Loughran, FosterQuan, Austin, TX; Ramya Mahesh, Little & Co., India; Katie Malyon, Katie Malyon & Associates, Lawyers, Australia; Gunther Mävers, Mütze Korsch Rechtsanwaltsgesellschaft mbH, Germany; Marco Mazzeschi, Mazzeschi s.r.l., Italy; Cyrus D. Mehta, Cyrus D. Mehta & Associates, New York, NY; Ryoko Mestecky, AURORA Translation & Legal Services, Japan; Matthew Meyer, Laura Devine Solicitors, New York, NY; Lisa Middlemiss, Gomberg Dalfen, Canada; Sarah E. Murphy, Serotte, Reich & Wilson, LLP, Buffalo, NY; Angelo Paparelli, Seyfarth Shaw LLP, Los Angeles, CA; Nicolas Rollason, Kingsley Napley, UK; Peter T. Schiron, Jr., Deloitte LLP, New York, NY; Aki Tanaka, Kitahama Partners, Japan; Alfonso Venegas, Venegas Gutierrez y Asociados, S.C., Mexico; Karl Waheed, Karl Waheed Avocats, France; Bernard P. Wolfsdorf, Wolfsdorf Immigration Law Group, Los Angeles, CA; Paul J. Zambie, FosterQuan, Austin, TX; Brian D. Zuccaro, Serotte Reich & Wilson, LLP, Buffalo, NY
Thursday, July 3, 2014
The newest book in the Patriots Debate series, this book covers three general areas: The War on Terrorism; Data, Technology, and Privacy; and Legal Frameworks for Projecting Force.
Discussing some of today's "hot" issues in national security, the book provides a balanced view including:
What authority should be accorded to the President in exercising his war powers?
An exploration of terrorism interrogations
National security letters -- the need for reform
The government as internet protector
Law and cyber war -- the lessons of history
The future of military detention
And much more!
Wednesday, July 2, 2014
From the Bookshelves: The Reception of Asylum Seekers under International Law Between Sovereignty and Equality First Edition by Lieneke Slingenberg
Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System.
This book critically examines the outcomes of the negotiation process on these minimum standards standards - Directive 2003/9/EC and Directive 2013/33/EU - in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.
Tuesday, July 1, 2014
Law of Asylum in the United States is an authoritative presentation of U.S. asylum law, long considered a must-have publication for practitioners, students, and teachers. It is frequently relied upon and cited by decision-makers. Law of Asylum describes and interprets applicable U.S. laws, as well as numerous international sources, providing an up-to-date analysis of all aspects of asylum law.
This edition addresses current hot topics such as developments in the law interpreting particular social groups and a new approach to interpreting and applying the political opinion ground. Law of Asylum also addresses fundamental issues such as:
The meaning of well-founded fear and persecution
The five grounds for asylum (race, religion, nationality, social group membership, and political opinion)
Withholding of removal protection and protection under the Convention Against Torture Claims based on childhood status and gender-based persecution
When non-state actors can be considered agents of persecution Extensive coverage of gang membership/opposition to gangs
Elements of proof Credibility determinations Recent changes in statutory language enacted with the REAL ID Act
New BIA cases on social distinction and particularity