Immigration is one of the most controversial topics of the decade. Citizens and pundits from across the political spectrum argue for major and disparate changes to American immigration law. Yet few know what American immigration law actually is and how it functions."Everyday Law for Immigrants" is an ideal guide for U.S. citizens who want a better understanding of our immigration laws as well as for migrants who make the United States their home. Romero deftly and comprehensively explains the basic challenges immigrants and foreign nationals face not only within formal immigration policy but also within American domestic law generally, including rules promulgated by federal, state, and local entities that affect noncitizens. A concise and accessible primer for interested citizens, noncitizens, and their advocates, this book provides a bird's eye view of U.S. immigration history, practice, and procedure, and constructively addresses the many legal issues in areas such as education, housing, and employment that affect foreigners who reside here. It includes easy-to-understand examples and an extensive appendix of print and Internet resources for further help.

This handbook on women's human rights is an integrated set of fourteen teaching and learning units. Together, they are designed to identify key issues in women's human rights, define concepts, outline different methodologies for achieving women's human rights, and offer a wide range of activities to facilitate teaching, learning, and discussion of women's human rights challenges. Included in every chapter are a statement of key objectives, background information, discussion questions, special issue boxes, strategies and examples for taking action, and learning activities. Also included are key UN documents and international law bearing on women's human rights. Handouts, checklists, assessment forms, and activist organizations round out the range of reference materials provided. User-friendly, jargon-free, authoritative, and packed with hands-on information, the handbook is an essential resource for anyone working in the field, human rights professionals, scholars, students, and activists.

"There's no place for the state in the bedrooms of the nation," Pierre Elliott Trudeau told reporters. He was making the case for the most controversial of his proposed reforms to the Criminal Code, those concerning homosexuality, birth control, and abortion. In No Place for the State, contributors offer complex and often contrasting perspectives as they assess how the 1969 Omnibus Bill helped shape sexual and moral politics in Canada. Fifty years later, the origins and legacies of the bill are equivocal and the state still seems interested in sexual regulation. This incisive study explains why that matters.

This handbook on women 's human rights is an integrated set of fourteen teaching and learning units. Together, they are designed to identify key issues in women 's human rights, define concepts, outline different methodologies for achieving women 's human rights, and offer a wide range of activities to facilitate teaching, learning, and discussion of women 's human rights challenges. Included in every chapter are a statement of key objectives, background information, discussion questions, special issue boxes, strategies and examples for taking action, and learning activities. Also included are key UN documents and international law bearing on women 's human rights. Handouts, checklists, assessment forms, and activist organizations round out the range of reference materials provided. User-friendly, jargon-free, authoritative, and packed with hands-on information, the handbook is an essential resource for anyone working in the field, human rights professionals, scholars, students, and activists.

Migrant Crossings examines the experiences and representations of Asian and Latina/o migrants trafficked in the United States into informal economies and service industries. Through sociolegal and media analysis of court records, press releases, law enforcement campaigns, film representations, theatre performances, and the law, Annie Isabel Fukushima questions how we understand victimhood, criminality, citizenship, and legality. Fukushima examines how migrants legally cross into visibility, through frames of citizenship, and narratives of victimhood. She explores the interdisciplinary framing of the role of the law and the legal system, the notion of "perfect victimhood", and iconic victims, and how trafficking subjects are resurrected for contemporary movements as illustrated in visuals, discourse, court records, and policy. Migrant Crossings deeply interrogates what it means to bear witness to migration in these migratory times-and what such migrant crossings mean for subjects who experience violence during or after their crossing.

What happens inside our prisons? What's Prison For? examines the "incarceration" part of "mass incarceration." What happens inside prisons and jails, where nearly two million Americans are held? Bill Keller, one of America's most accomplished journalists, has spent years immersed in the subject. He argues that the most important role of prisons is preparing incarcerated people to be good neighbors and good citizens when they return to society, as the overwhelming majority will. Keller takes us inside the walls of our prisons, where we meet men and women who have found purpose while in state custody; American corrections officials who have set out to learn from Europe's state-of-the-art prison campuses; a rehab unit within a Pennsylvania prison, dubbed Little Scandinavia, where lifers serve as mentors; a college behind bars in San Quentin; a women's prison that helps imprisoned mothers bond with their children; and Keller's own classroom at Sing Sing. Surprising in its optimism, What's Prison For? is an indispensable guide on how to improve our prison system, and a powerful argument that the status quo is a shameful waste of human potential.

The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the twelve Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms. The book then discusses the views of the early Supreme Court justices about freedoms of press and speech during the national controversy over the Sedition Act of 1798 and its constitutionality. It finds that, though several of the justices presided over Sedition Act trials, the early justices divided almost evenly over that issue with an unrecognized half opposing its constitutionality, rather than unanimously supporting the Act as is generally assumed. The book similarly reassesses the Federalist party itself, and finds that an unrecognized minority also challenged the constitutionality of the Sedition Act and the narrow Blackstone approach during 1798-1801, and that an unrecognized minority of the other states did as well in considering the Virginia and Kentucky Resolutions. The book summarizes the recognized fourteen prosecutions of newspaper editors and other opposition members under the Sedition Act of 1798. It sheds new light on the recognized cases by identifying and confirming twenty-two additional Sedition Act prosecutions. At each of these steps, this book challenges conventional views in existing histories of the early republic and of the early Supreme Court justices.

Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions on which the binary relies. The migrant/refugee binary is not just an innocuous shorthand-indeed, its power stems from the way in which it is painted as apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants to move toward more equitable advocacy for all border crossers.

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being 'judicial overreach'. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe. With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies. Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work. Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini

Over the last decades international and regional human rights norms have been increasingly applied to constitutional provisions, revealing significant tensions between primary political arrangements, such as power-sharing institutions, and human rights norms. This book argues that these tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in such places characterized by ethnically-based political exclusion and inequalities. By introducing the concept of 'collective equality' as a new theoretical basis for the law of peace this timely book proposes a new approach for dealing with the tensions between peace related arrangements and human rights. Through principled, pragmatic, and legal reasoning the book develops a new paradigm that captures more accurately what equality and human rights mean and require in the context of ethno-national conflicts and provides potent guidance for advancing justice and peace in such places.

View the Table of Contents. Read the Preface.

Praise for the 10th Anniversary Edition

"White by Law remains one of the most significant and generative entries in the crowded field of 'whiteness studies.' Ian Haney LA3pez has crafted a brilliant study, not merely of how 'race' figures in the juridical logic of U.S. citizenship, but of the ways in which law fully participates in the wholesale manufacture of those naturalized groupings we know as 'races.' A terribly important work."
--Matthew Frye Jacobson, author of "Roots Too: White Ethnic Revival in Post-Civil Rights America"

"Ten years after its initial publication, White by Law remains the definitive treatment of the naturalization cases, and provides a compelling account of the role of law in constructing race. A wonderful combination of thematic development and historical excavation, one leaves this revised edition with a thoroughgoing understanding of the ways in which citizenship functioned not only to include and exclude but as a process through which people quite literally became white by law."
--Devon W. Carbado, Professor of Law and Associate Dean, UCLA School of Law

"White by Law remains the definitive work on how American law constructed a 'white' race at the turn of the twentieth century. Haney LA3pez has added a chapter to the new edition, a sobering analysis of how, in our own time, 'colorblind' law and policy threaten to perpetuate, not eliminate, racial inequality. A must-read."
--Mae M. Ngai, author of "Impossible Subjects: Illegal Aliens and the Making of Modern America"

aHere is one work that proved challenging to review with a fresh eye, having been widely reviewed and discussed since itsoriginal publication more than 10 years agoa].While oneas first question upon picking up such a book could easily be awhy bother?a with the re-release of an older work, in this case, the strategy worksa].[T]he addition of the authoras personal narrative in the Preface and his intriguing view into the future with the new conclusion will add to the bookas pedagogical value. In sum, Haney Lopez has provided a piece of scholarship worthy of bringing out a curtain call on its 10th anniversary.a
--"Law and Politics Review"

Praise for the 1st edition:

"Haney LA3pez performs a major service for anyone truly interested in understanding contemporary debates over racial and ethnic politics. . . . A sobering and crucial lesson for a society committed to equality and fairness."
--Martha Minow, Harvard Law School

"This book is remarkable for sheer information value, but draws its analytic power from the emphasis on whiteness to make sense of racial oppression. . . . Haney LA3pez convincingly demonstrates that the US is ideologically white not by accident but by design."
--"Choice"

White by Law was published in 1996 to immense critical acclaim, and established Ian Haney LA3pez as one of the most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested in race, ethnicity, culture, politics, gender, and similar socially fabricated facets of American society.

In thefirst edition of White by Law, Haney LA3pez traced the reasoning employed by the courts in their efforts to justify the whiteness of some and the non-whiteness of others, and revealed the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion.

Ten years later, Haney LA3pez revisits the legal construction of race, and argues that current race law has spawned a troubling racial ideology that perpetuates inequality under a new guise: colorblind white dominance. In a new, original essay written specifically for the 10th anniversary edition, he explores this racial paradigm and explains how it contributes to a system of white racial privilege socially and legally defended by restrictive definitions of what counts as race and as racism, and what doesn't, in the eyes of the law. The book also includes a new preface, in which Haney LA3pez considers how his own personal experiences with white racial privilege helped engender White by Law.

Argues that racial inequality reproduces itself automatically over time because early unfair advantage for whites has paved the way for continuing advantage This book is designed to change the way we think about racial inequality. Long after the passage of civil rights laws, blacks and Latinos possess barely a nickel of wealth for every dollar that whites have. Why have we made so little progress? Legal scholar Daria Roithmayr provocatively argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination. Drawing on work in antitrust law and a range of other disciplines, Roithmayr brilliantly compares the dynamics of white advantage to the unfair tactics of giants like AT&T and Microsoft. With penetrating insight, Roithmayr locates the engine of white monopoly in positive feedback loops that connect the dramatic disparity of Jim Crow to modern racial gaps in jobs, housing and education. Wealthy white neighborhoods fund public schools that then turn out wealthy white neighbors. Whites with lucrative jobs informally refer their friends, who refer their friends, and so on. Roithmayr concludes that racial inequality might now be locked in place, unless policymakers immediately take drastic steps to dismantle this oppressive system.

This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.

The book examines in detail the essence, nature and scope of artistic freedom as a human right. It explains the legal problems associated with the lack of a precise definition of the term 'art' and discusses the emergence of a distinct 'right' to artistic freedom under international law. Drawing on a variety of case-studies primarily from the field of visual arts, but also performance, street art and graffiti, it examines potentially applicable 'defences' for those types of artistic expression that are perceived as inappropriate, ugly, offensive, disturbing, or even obscene and transgressive. The book also offers a view on global controversies such as Charlie Hebdo and the Danish Cartoons, attempting to explain the subtleties of offenses related to religious sensibilities and beliefs. It also examines the legitimacy of restrictions on extremist expressions in the case of arts involving criminal artsm such as child pornography in the case of Loli manga.

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Kateri Hernandez debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernandez argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernandez's own personal narrative as a mixed-race Afro-Latina. Coming at a time when explicit racism is resurfacing, Hernandez's look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

In the epic tradition of Eyes on the Prize and with the cultural significance of John Lewis's March trilogy, an ambitious and harrowing account of the devoted black educators who battled Southern school segregation and inequality

Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with "green cards," have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel-a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are "sentenced home" to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty or indebtedness for not yet being able to pay the costs of their previous migration. But what does this actually look like and what are the systems and processes and who are the people who are enforcing deportation policies and practices? The New Deportations Delirium responds to these questions. Taken as a whole, the volume raises consciousness about the complexities of the issues and argues for the interdisciplinary dialogue and response. Over the course of the book, deportation policy is debated by lawyers, judges, social workers, researchers, and clinical and community psychologists as well as educators, researchers, and community activists. The New Deportations Delirium presents a fresh conversation and urges a holistic response to the complex realities facing not only migrants but also the wider U.S. society in which they have sought a better life.

Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.

Citizenship in Modern Britain is a readable text that examines citizenship from a social science perspective. The subject matter has been divided into three sections, corresponding to each of the AQA AS Level modules. The text also provides all the necessary academic material required for examinable citizenship courses, supported and developed by a series of research, practical and discursive activities. These activities have been designed not only extend to students' knowledge of the subject, but also to encourage thought, debate and evaluation.

This book is essential for students taking AS level Citizenship. It also provides excellent support for students who are studying subjects that have close links to citizenship issues such as sociology, law, Government and politics and general studies.

How Western nations have consolidated their whiteness through the figure of the Muslim in the post-9/11 world While much has been written about post-9/11 anti-Muslim racism (often termed Islamophobia), insufficient attention has been given to how anti-Muslim racism operates through law and is a vital part of law's protection of whiteness. This book fills this gap while also providing a unique new global perspective on white supremacy. Sherene H. Razack, a leading critical race and feminist scholar, takes an innovative approach by situating law within media discourses and historical and contemporary realities. We may think of law as logical, but, argues Razack, its logic breaks down when the subject is Muslim. Tracing how white subjects and majority-white nations in the post-9/11 era have consolidated their whiteness through the figure of the Muslim, Razack examines four sites of anti-Muslim racism: efforts by American evangelical Christians to ban Islam in the school curriculum; Canadian and European bans on Muslim women's clothing; racial science and the sentencing of Muslims as terrorists; and American national memory of the torture of Muslims during wars and occupations. Arguing that nothing has to make sense when the subject is Muslim, she maintains that these legal and cultural sites reveal the dread, phobia, hysteria, and desire that mark the encounter between Muslims and the West. Through the prism of racism, Nothing Has to Make Sense argues that the figure of the Muslim reveals a world divided between the deserving and the disposable, where people of European origin are the former and all others are confined in various ways to regimes of disposability. Emerging from critical race theory, and bridging with Islamophobia/critical religious studies, it demonstrates that anti-Muslim racism is a revelatory window into the operation of white supremacy as a global force.

Why do governments pass freedom of information laws? The symbolic power and force surrounding FOI makes it appealing as an electoral promise but hard to disengage from once in power. However, behind closed doors compromises and manoeuvres ensure that bold policies are seriously weakened before they reach the statute book. The politics of freedom of information examines how Tony Blair's government proposed a radical FOI law only to back down in fear of what it would do. But FOI survived, in part due to the government's reluctance to be seen to reject a law that spoke of 'freedom', 'information' and 'rights'. After comparing the British experience with the difficult development of FOI in Australia, India and the United States - and the rather different cases of Ireland and New Zealand - the book concludes by looking at how the disruptive, dynamic and democratic effects of FOI laws continue to cause controversy once in operation. -- .

Migration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.