Friday, July 11, 2014

From the Bookshelves: Mediating Human Rights: Culture, Media and the Human Rights Act by Lieve Gies

9780415601528

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.

KJ

July 11, 2014 in Books, Current Affairs | Permalink | Comments (0)

Wednesday, July 9, 2014

From the Bookshelves: The Criminal Lawyer's Guide to Immigration Law: Questions and Answers, Second Edition by Robert J McWhirter

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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. 

KJ

July 9, 2014 in Books, Current Affairs | Permalink | Comments (0)

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.

KJ

July 9, 2014 in Books | Permalink | Comments (0)

"Behind the Scenes of Obama's Sudden Immigration Reversal"

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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!

KJ

July 9, 2014 in Books, Current Affairs | Permalink | Comments (0)

Monday, July 7, 2014

From the Bookshelves: Global Business Immigration Practice Guide, 2014 Edition

9781422496541

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

KJ

July 7, 2014 in Books, Current Affairs | Permalink | Comments (0)

Thursday, July 3, 2014

From the Bookshelves: Patriots Debate, Second Edition

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Patriots Debate, Second Edition

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

Targeted killing -- lawful if conducted in accordance with the rule of law

Law and cyber war -- the lessons of history

The future of military detention

And much more!

KJ

July 3, 2014 in Books, Current Affairs | Permalink | Comments (0)

Wednesday, July 2, 2014

From the Bookshelves: The Reception of Asylum Seekers under International Law Between Sovereignty and Equality First Edition by Lieneke Slingenberg

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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.

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Lieneke Slingenberg is Assistant Professor of Migration Law at the VU University Amsterdam.

KJ

July 2, 2014 in Books, Current Affairs | Permalink | Comments (0)

Tuesday, July 1, 2014

From the Bookshelves: Law of Asylum in the United States, 2014 ed. by Deborah Anker

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Law of Asylum in the United States, 2014 ed. by Deborah Anker

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

KJ

July 1, 2014 in Books, Current Affairs | Permalink | Comments (0)

Sunday, June 29, 2014

From the Bookshelves: Chicano by Sheila K. O'Malley

Tuesday, June 24, 2014

From the Bookshelves: Globalization and Labor Standards Annotated Bibliography: An Essential Research Tool by Katherine V.W. Stone

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Globalization and Labor Standards Annotated Bibliography: An Essential Research Tool by Katherine V.W. Stone

The Globalization and Labor Standards (GALS) Annotated Bibliography is a compendium of articles about international labor rights, national and transnational labor standards, and comparative labor law that have been published in law journals. All of the articles in the library are abstracted and cross-referenced by subject. Each article is accompanied by an annotation that describes its contents clearly and concisely. The annotations have been written by Professor Katherine V.W. Stone with the help of her students at the Cornell Law School, the Cornell School of Industrial and Labor Relations, and UCLA School of Law. This volume compiles all of the content in the GALS bibliographic library from 2000 to 2014.

The purpose of the book is to preserve the wealth of material developed over the past fifteen years and make it available to libraries and researchers. The GALS database has been used by lawyers, businesses, labor ! unions, organizations, individuals, non-profit organizations, the World Bank, the International Labor Organization, and numerous governmental entities in more than 140 countries.

Katherine V.W. Stone is the Arjay and Frances Miller Professor of Law at UCLA School of Law. Her scholarship and teaching is primarily in the fields of labor law, arbitration law, contracts, and comparative labor law. She received a Guggenheim Fellowship Award and a Russell Sage Fellowship for her work on the changing nature of employment and the regulatory implications. Her book, From Widgets to Digits: Employment Regulation for the Changing Workplace (Cambridge University Press in 2004) won the 2005 Michael Harrington Award from the American Political Science Association for the “outstanding book that best links scholarship to struggles for justice in the real world”, and was named Finalist for the 2005 C. Wright Mills Award from the Society for the Study of Social Pro! blems. Her most recent book, Rethinking Workplace: After the Standard Contract of Employment, published in 2013, examines the changing employment landscape in ten industrialized nations and describes some initiatives to counteract the deterioration of job security and the employment-linked safety net.

KJ

June 24, 2014 in Books, Current Affairs | Permalink | Comments (0)

Monday, June 23, 2014

From the Bookshelves: Human Rights Law and Personal Identity by Jill Marshall

9780415529723

Human Rights Law and Personal Identity by Jill Marshall, Routledge – 2014 – 272 pages Series: Routledge Research in Human Rights Law

This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights.

The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality.

Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights.

Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable.

Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.

KJ

June 23, 2014 in Books, Current Affairs | Permalink | Comments (0)

Wednesday, June 18, 2014

Frrom the Bookshelves: Migrant Youth, Transnational Families, and the State

Migrant youth

Migrant Youth, Transnational Families, and the State Care and Contested Interests by Lauren Heidbrink

Each year, more than half a million migrant children journey from countries around the globe and enter the United States with no lawful immigration status; many of them have no parent or legal guardian to provide care and custody. Yet little is known about their experiences in a nation that may simultaneously shelter children while initiating proceedings to deport them, nor about their safety or well-being if repatriated. Migrant Youth, Transnational Families, and the State examines the draconian immigration policies that detain unaccompanied migrant children and draws on U.S. historical, political, legal, and institutional practices to contextualize the lives of children and youth as they move through federal detention facilities, immigration and family courts, federal foster care programs, and their communities across the United States and Central America.

Through interviews with children and their families, attorneys, social workers, policy-makers, law enforcement, and diplomats, anthropologist Lauren Heidbrink foregrounds the voices of migrant children and youth who must navigate the legal and emotional terrain of U.S. immigration policy. Cast as victims by humanitarian organizations and delinquents by law enforcement, these unauthorized minors challenge Western constructions of child dependence and family structure. Heidbrink illuminates the enduring effects of immigration enforcement on its young charges, their families, and the state, ultimately questioning whose interests drive decisions about the care and custody of migrant youth.

KJ

June 18, 2014 in Books, Current Affairs | Permalink | Comments (0)

Friday, June 13, 2014

From the Bookshelves: Law in Transition: Human Rights, Development and Transitional Justice Edited by Ruth Buchanan and Peer Zumbansen Law

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Law in Transition:  Human Rights, Development and Transitional Justice Edited by Ruth Buchanan and Peer Zumbansen

Law has become the vehicle by which countries in the "developing world," including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments.

The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible.

The book is designed for research and teaching at both undergraduate and graduate levels.

KJ

Ruth Buchanan is an Associate Professor of Law at Osgoode Hall Law School, Toronto. Peer Zumbansen is Professor of Law and Canada Research Chair at Osgoode Hall Law School, Toronto.

June 13, 2014 in Books, Current Affairs | Permalink | Comments (0)

Thursday, June 12, 2014

From the Bookshelves: Child Migration and Human Rights in a Global Age by Jacqueline Bhabha

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Child Migration and Human Rights in a Global Age by Jacqueline Bhabha (Princeton University Press, 2014)

Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive.

Spanning several continents and drawing on the actual stories of young migrants, the book shows how difficult it is for children to reunite with parents who left them behind to seek work abroad. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers.

Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children--one we need to address head-on.

Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.

Jacqueline Bhabha is professor of the practice of health and human rights at the Harvard School of Public Health, director of research at Harvard's François-Xavier Bagnoud Center for Health and Human Rights, and the Jeremiah Smith, Jr. Lecturer at Harvard Law School. Her books include Children without a State: A Global Human Rights Challenge

Table of Contents

Acknowledgments

Introduction

PART I

The Right to Respect for Family Life? Moving Children for Family 

Chapter 1 Looking for Home: The Elusive Right to Family Life

Chapter 2 Staying Home: The Elusive Benefits of Child Citizenship

Chapter3 Family Ambivalence: The Contested Terrain of Intercountry Adoption

PART II Youthful Commodities: Moving Children for Exploitation

Chapter 4 Targeting the Right Issue: Trafficked Children and the Human Rights Imperative

Chapter 5 Under the Gun: Moving Children for War

PART III Demanding a Future: Child Migration for Survival

Chapter 6 David and Goliath: Children's Unequal Battle for Refugee Protection

Chapter 7 Demanding Rights and a Future: Adolescents on the Move for a Better Life

Notes

Index

KJ

June 12, 2014 in Books, Current Affairs | Permalink | Comments (0)

Wednesday, June 11, 2014

From the Bookshelves: EU Asylum Procedures and the Right to an Effective Remedy by Marcelle Reneman

 

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EU Asylum Procedures and the Right to an Effective Remedy by Marcelle Reneman

Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.

Marcelle Reneman is Assistant Professor in the Migration Law Section of the Department of Constitutional and Administrative Law at the VU University Amsterdam.

June 11, 2014 in Books, Current Affairs | Permalink | Comments (0)

Tuesday, June 10, 2014

From the Bookshelves: Constructing Immigrant 'Illegality' Critiques, Experiences, and Responses Editors: Cecilia Menjívar and Daniel Kanstroom

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Constructing Immigrant 'Illegality' Critiques, Experiences, and Responses Editors: Cecilia Menjívar (Arizona State University) and Daniel Kanstroom (Boston College)

 Contributors:  Cecilia Menjívar, Daniel Kanstroom, Nicholas De Genova, Nestor Rodriguez, Cristian Paredes, Leo R. Chavez, Josiah McC. Heyman, Leisy Abrego, Roberto G. Gonzales, Luisa Laura Heredia, Genevieve Negrón-Gonzales, Joanna Dreby, Tanya Golash-Boza, Walter J. Nicholls, Pierrette Hondagneu-Sotelo, Jose Miguel Ruiz, Marie Friedmann Marquardt, Susanna J. Snyder, Manuel A. Vásquez, Doris Marie Provine, Paul G. Lewis, Donald Kerwin, Bill Ong Hing

The topic of “illegal” immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human “illegality” has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines – anthropology, law, political science, religious studies, and sociology – examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, and how its power is wielded and resisted. The authors conclude that the current concept of immigrant illegality is in need of sustained critique, as careful analysis will aid policy discussions and lead to more just solutions.

KJ

June 10, 2014 in Books, Current Affairs | Permalink | Comments (0)

Monday, June 9, 2014

From the Bookshelves: European Asylum Law and the Rights of the Child by Ciara Smyth

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European Asylum Law and the Rights of the Child by Ciara Smyth, Routledge – 2014 – 296 pages Series: Routledge Research in Asylum, Migration and Refugee Law

The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the existing and proposed CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.

KJ

June 9, 2014 in Books, Current Affairs | Permalink | Comments (0)

Saturday, May 31, 2014

From the Bookshelves: Strange Neighbors: The Role of States in Immigration Policy Edited By Carissa Byrne Hessick and Gabriel J. Chin

 Strange neighbors

Strange Neighbors The Role of States in Immigration Policy Edited By Carissa Byrne Hessick and Gabriel J. Chin

Since its founding, the U.S. has struggled with issues of federalism and states’ rights. In almost every area of law, from abortion to zoning, conflicts arise between the states and the federal government over which entity is best suited to create and enforce laws. In the last decade, immigration has been on the front lines of this debate, with states such as Arizona taking an extremely assertive role in policing immigrants within their borders. While Arizona and its notorious SB 1070 is the most visible example of states claiming expanded responsibility to make and enforce immigration law, it is far from alone. An ordinance in Hazleton, Pennsylvania prohibited landlords from renting to the undocumented. Several states have introduced legislation to deny citizenship to babies who are born to parents who are in the United States without authorization. Other states have also enacted legislation aimed at driving out unauthorized migrants.

Strange Neighbors explores the complicated and complicating role of the states in immigration policy and enforcement, including voices from both sides of the debate. While many contributors point to the dangers inherent in state regulation of immigration policy, at least two support it, while others offer empirically-based examinations of state efforts to regulate immigration within their borders, pointing to wide, state-by-state disparities in locally-administered immigration policies and laws.

Ultimately, the book offers an extremely timely, thorough, and spirited discussion on an issue that will continue to dominate state and federal legislatures for years to come.

Table of Contents

Introduction  Gabriel J. Chin and Carissa Byrne Hessick

 

I. The Recent Spate of State and Local Immigration Regulation

1. Measuring the Climate for Immigrants: State Analysis Huyen Pham and Pham Hoang Van

2. How Arizona Became Ground Zero in the War on Immigrants Douglas S. Massey

 

II. Historical Antecedents to the Modern State and Local Efforts to Regulate Immigration

3. “A War to Keep Alien Labor out of Colorado”: The “Mexican Menace” and the Historical Origins of Local and State Anti-Immigration Initiatives Tom I. Romero II

III. A Defense of State and Local Efforts

4. Reinforcing the Rule of Law: What States Can and Should Do Kris W. Kobach

 5. The States Enter the Illegal Immigration Fray John C. Eastman

 

IV. A Critical Evaluation of the New State Regulation

6. Broken Mirror: The Unconstitutional Foundations of New State Immigration Enforcement Gabriel J. Chin and Marc L. Miller

7. The Role of States in the National Conversation on Immigration Rick Su

8. Post-Racial Proxy Battles over Immigration Mary Fan

KJ

May 31, 2014 in Books, Current Affairs | Permalink | Comments (0)

From the Bookshelves: Human Trafficking Law and Policy by Bridgette Carr, Anne Milgram, Kathleen Kim, Stephen Warnath

 

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Human Trafficking Law and Policy by Bridgette Carr, Anne Milgram, Kathleen Kim, Stephen Warnath

Human Trafficking Law and Policy, for the first time brings together the case law, legislation and scholarship that comprise domestic and international human trafficking law. Organized to reflect the cross-section of criminal justice, civil and human rights, immigration and international law that frames human trafficking law and policy, this book includes chapters on the Trafficking Victims Protection Act and its doctrinal history, the Palermo Protocol, as well as the implementation and interpretation of human trafficking laws in the criminal, civil and immigration contexts. Compiled by a team of authors whose combined expertise includes experience criminally prosecuting and civilly litigating human trafficking cases, defending human trafficking victims, and teaching and writing about human trafficking at law schools, governments, NGOs and businesses around the world, this book provides both substantive and practical insight into the role of the human trafficking lawyer as counselor, litigator, and policy maker.

KJ

May 31, 2014 in Books, Current Affairs | Permalink | Comments (0)

Thursday, May 29, 2014

From the Bookshelves: The Beauty of Dreams

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The Beauty of Dreams Publisher: ABA Book Publishing

Award winning author Jo S. Kittinger and illustrator Chuck Galey once again draw us into the world of The Kids in Building 160 series in the compelling story of a popular high-performing high school student-athlete and musician who learns from his college counselor that he entered the country illegally as a toddler. He lacks the legal status and documentation necessary for him to obtain financial aid to pursue his dream of a college education, and he is possibly subject to deportation. With an introduction by his younger friend, whom we know from earlier books in the series, A Breath of Hope and Helping a Hero, and a knowledgeable pro bono lawyer, the student finds legal and financial resources that may be available to help him pay for college and enable him to stay in the United States after graduation.

This 32-page picture book is an invaluable immigration primer for readers of all ages. Kittinger s remarkable story of self-empowerment through legal literacy and Galey's beautifully evocative illustrations exemplify the courage needed to embark on a promising beginning toward the beauty of a dream fulfilled.

KJ

May 29, 2014 in Books, Current Affairs | Permalink | Comments (0)