"What part of illegal don't you understand?" This oft-repeated slogan from immigration restrictionists illustrates the contentious quality of the immigration reform debate in the United States: a debate that has raged on unresolved since at least 1986 when our immigration system was last reformed. This impasse is due, in large part, to widespread misinformation about immigration. This short and accessible textbook takes a critical perspective on immigration law and policy, arguing that immigrant "illegality" is itself produced by law, with tremendous consequences for individuals and families. Across six chapters that examine the conceptual, historical, economic, global, legal, and racial dimensions of immigration to the United States, Prieto argues that illegal immigration is a problem of policy, not people. History and cutting-edge social science data guide an analysis of the actual, empirical impact of immigration on U.S. society. By debunking myths about immigration, the reader is invited to form their own opinion on the basis of fact and in light of the unequal treatment different immigrant groups have received since the nation's founding. Myth and Reality in the U.S. Immigration Debate synthesizes key lessons from the fields of sociology, law and society, history, economics and critical race studies in a digestible and engaging format. This text will serve as an introduction to the study of immigration and a primer for those who wish to engage in a sober and compassionate conversation about immigrants and immigration in the United States.

In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it - at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.

Winner of the Bancroft Prize Winner of the David J. Langum Prize Winner of the OAH Liberty Legacy Foundation Award A New York Times Book Review Editors' Choice "This extraordinary book is a powerful addition to the history of travel segregation...Mia Bay shows that Black mobility has always been a struggle." -Ibram X. Kendi, author of How to Be an Antiracist "In Mia Bay's superb history of mobility and resistance, the question of literal movement becomes a way to understand the civil rights movement writ large." -Jennifer Szalai, New York Times "Traveling Black is well worth the fare. Indeed, it is certain to become the new standard on this important, and too often forgotten, history." -Henry Louis Gates, Jr., author of Stony the Road From Plessy v. Ferguson to #DrivingWhileBlack, African Americans have fought to move freely around the United States. But why this focus on Black mobility? From stagecoaches and trains to buses, cars, and planes, Traveling Black explores when, how, and why racial restrictions took shape in America and brilliantly portrays what it was like to live with them. Mia Bay rescues forgotten stories of passengers who made it home despite being insulted, stranded, re-routed, or ignored. She shows that Black travelers never stopped challenging these humiliations, documenting a sustained fight for redress that falls outside the traditional boundaries of the civil rights movement. A riveting, character-rich account of the rise and fall of racial segregation, it reveals just how central travel restrictions were to the creation of Jim Crow laws-and why free movement has been at the heart of the quest for racial justice ever since.

Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.

Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.

The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights

Since 2005, approximately 70,000 asylum-seeking refugees from Sudan and Eritrea have entered Israel. This, along with the highly publicised anti-African immigrant riots in Israel in 2012 and 2014 and the current global refugee crisis, has meant that the issue of African migration has become increasingly controversial. Here Gilad Ben-Nun looks at this phenomenon in its historical and contemporary contexts, and compares it to the wider debates surrounding the Palestinian refugees in the region and the concept of their right of return. He argues that this newer, African migration issue has forced Israel to move from conceiving of itself as an 'exceptional' state and now has to view itself as a more 'normal' and 'universal' entity. Ranging as far back as Israel's important role in the the ratification drafting of the 1951 Refugee Convention and drawing on a variety of methodologies and sources, Ben-Nun offers a wide-ranging legal, social and historical examination of asylum in Israel, that sheds timely light onto themes of migration and identity across the Middle East. This is essential reading for legal historians and lawyers, as well as scholars working on migration studies and the history and politics of the Middle East.

Unaccompanied migrant children are the most vulnerable group of migrants and refugees. Their experiences, their contested legal status in the host countries, and their treatment before, during, and after migration call for an ethics of child migration that places unaccompanied migrant children at the center. This volume gathers international experts from the fields of social work, social science, law, philosophy, and Catholic ethics. Social science, psychological, and social work studies, analyses of US and international law of child migration, refuge and asylum policies, and several case studies regarding law enforcement highlight the more recent shifts in policies both in the United States and Europe. The current policies are confronted with two major normative frameworks that go beyond migration laws or the international refugee and asylum provisions: the United Nations Convention of the Rights of the Child, and the approach of the Catholic social ethics of migration. The authors address the challenges of childhood under the conditions of migration: the uprooting of lives, the journey and transition into foreign countries and cultures, and the transition into adulthood. They discern the legal provisions and obstacles of the immigration process, the securitization of the borders, and the criminalization of unaccompanied migrant children. Catholic social ethics, the theological authors argue, must offer more than its pastoral call for charity, solidarity, and compassion that is already in place, inspiring multiple Catholic organizations, groups, and individuals. The Christian emphasis on family rights and values, originating in the story of the Holy Family, is necessary, yet insufficient when children are separated from their parents-instead, children must be recognized as vulnerable agents in their own right, and the moral dilemmas families sometimes face be acknowledged. US and European policies must be informed by the interpretation of justice, and the principle of the common good must be held against the firewalling of the West. As a political ethics, Catholic social ethics must critique and reject the use of the Christian religion for nationalist policies and depictions of migrant children as a threat to the cultural identity of Western societies.

The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.

Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging. This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors - from various disciplines, such as philosophy, legal history, political science and international law - contribute to the emerging scholarship in this field. Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.

Undocumented immigrant postsecondary students face myriad challenges while pursuing a college education. Garcia focuses on the experiences of nine students attending a public comprehensive postsecondary institution in California to assess how different types of social capital help students pursue a college education. She demonstrates how students were wholly or partly reliant on various types of social capital accessed before and during matriculation. Three of the major findings are: institutional agents were instrumental in developing students' social capital, family- and peer-based social capital was important to students' matriculation, and perceptions about immigration status affected students' matriculation and social capital development.

The principal aim of the establishment and free exercise clauses of the First Amendment was to preclude congressional imposition of a national church. A balance was sought between states' rights and the rights of individuals to exercise their religious conscience. While the founding fathers were debating such issues, the potential for serious conflict was confined chiefly to variations among the dominant Christian sects. Today, issues of marriage, child bearing, cultural diversity, and corporate personhood, among others, suffuse constitutional jurisprudence, raising difficult questions regarding the nature of beliefs that qualify as 'religious', and the reach of law into the realm in which those beliefs are held. The essays collected in this volume explore in a selective and instructive way the intellectual and philosophical roots of religious liberty and contemporary confrontations between this liberty and the authority of secular law.

The Educational Lockout of African Americans in Prince Edward County, Virginia (1959-1964): Personal Accounts and Reflections provides ground-breaking research on the historical events surrounding the Prince Edward County's school closings. For five years (1959-1964), the families of 1,700 African American students were forced to cope with the absence of public schooling in the county. Their efforts led to the case Davis v. the County School Board of Prince Edward County, which was one of the cases that were consolidated with Brown v. Board of Education of Topeka, Kansas. The book offers the reader two exciting sections. In the first section, the contributing authors provide interesting findings on Grassroots schools, the Kennedy administration, and an African American movement during the Prince Edward County school closings. In the second section, the authors provide the reader with personal reflections and a lecture from four professors whose parents were affected by the Prince Edward County lockout. Three of the four professors were graduates of the Prince Edward County school system.

During a 1931 trial of four Nazi stormtroopers, known as the Eden Dance Palace trial, Hans Litten grilled Hitler in a brilliant and merciless three-hour cross-examination, forcing him into multiple contradictions and evasions and finally reducing him to helpless and humiliating rage (the transcription of Hitler's full testimony is included.) At the time, Hitler was still trying to prove his embrace of legal methods, and distancing himself from his stormtroopers. The courageous Litten revealed his true intentions, and in the process, posed a real threat to Nazi ambition.
When the Nazis seized power two years after the trial, friends and family urged Litten to flee the country. He stayed and was sent to the concentration camps, where he worked on translations of medieval German poetry, shared the money and food he was sent by his wealthy family, and taught working-class inmates about art and literature. When Jewish prisoners at Dachau were locked in their barracks for weeks at a time, Litten kept them sane by reciting great works from memory. After five years of torture and hard labor-and a daring escape that failed-Litten gave up hope of survival. His story was ultimately tragic but, as Benjamin Hett writes in this gripping narrative, it is also redemptive. "It is a story of human nobility in the face of barbarism."
The first full-length biography of Litten, the book also explores the turbulent years of the Weimar Republic and the terror of Nazi rule in Germany after 1933. [in sidebar] Winner of the 2007 Fraenkel Prize for outstanding work of contemporary history, in manuscript. To be published throughout the world.

Privacy, in human history, is a relatively recent concept. Nobody had much privacy in the Middle Ages. Even kings and queens lacked privacy: it was an age when crowds watched a queen give birth, and the king received visitors while on the chamber pot. Technology and concepts of privacy grew up together-as both friends and enemies. For example, the late 19th century invention of the candid camera made it possible, for the first time, to take someone's picture without that person's consent. This fact was in the background of the classic article by Warren and Brandeis that launched the right of privacy. Today, we have smart phones with cameras, selfies, the Internet, surveillance cameras, and tools that can look through walls, smell through walls, see through walls. Dangers to privacy have multiplied enormously, and we have only just begin figuring how to handle the change. This book is timely as our basic understandings of privacy are challenged by modern technology, changing social mores, and evolving legal understandings that both reflect and reinforce underlying changes in society. It is likely to be of interest to graduate and undergraduate students, scholars, and potentially other professionals with an interest in law and social norms.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.

Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance.

Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors' research and recommendations

Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.

Although international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights. As such, collective reparations have been awarded within the field of international human rights law, international criminal law and transitional justice. Yet the concept, content and scope of collective reparations are rather unspecified. To date, neither the judicial nor the non-judicial bodies that have granted this kind of reparations have ever defined them.This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations. In order to do so, the book analyses specific case law from the Inter-American Court of Human Rights, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. Additionally, the practices of non-judicial mechanisms were examined, specifically those of the Peruvian and Moroccan Truth Commissions and of two mass claims compensation commissions (the United Nations Compensation Commission and the Eritrea-Ethiopia Claims Commission). Finally, it provides an overview of the challenges that collective reparations present to the fields of international human rights law and international criminal law, including in their implementation.

First published in 2006, this book brings together some of the most innovative and important research on civil rights law and legality, this book draws on narratives of individuals from a variety of contexts to provide a rich and contextualized understanding of what happens when law interacts with other competing systems or forms of social organization. By privileging the real world experiences of those most influenced by rights, the collection moves beyond the traditional polarizing debates and presents a constitutive approach to rights that is not reducible to a simple 'for or against' rights formula. While this complex consciousness approach often contributes to the reproduction of dominant-subordinate social relations, it also allows for spaces of resisting existing hierarchical structures embedded in various law-related sites.

The 1866 Civil Rights Act is one of the most monumental pieces of legislation in American history, figuring into almost every subsequent piece of legislation dealing with civil rights for the next century. While numerous scholars have looked at it in the larger social and political context of Reconstruction and its relationship with the Fourteenth Amendment, this will be the first book that focuses on its central role in the long history of civil rights. As George Rutherglen argues, the Act has structured debates and controversies about civil rights up to the present. The history of the Act itself speaks to the fundamental issues that continue to surround civil rights law: the contested meaning of racial equality; the distinction between public and private action; the division of power between the states and the federal government; and the role of the Supreme Court and Congress in implementing constitutional principles. Slavery, Freedom, and Civil Rights shows that the Act was not just an archetypal piece of Radical Republican legislation or merely a precursor to the Fourteenth Amendment. While its enactment led directly to passage of the amendment, their simultaneous existence going forward initiated a longstanding debate over the relationship between the two, and by proxy the Courts and Congress. How extensive was the Act's reach in relation to the Amendment? Could it regulate private discrimination? Supersede state law? What power did it endow to Congress, as opposed to the Courts? The debate spawned an important body of judicial doctrine dealing with almost all of the major issues in civil rights, and this book positions both the Act and its legacy in a broad historical canvas.

This book is a broad-ranging argument for thorough reforms at home and abroad in Nigeria as the only antidote to the nation-building dilemmas Nigeria confronts in the first quarter of the twenty-first century. Because of its enormous material and human endowments, Nigeria is dubbed the "Giant of Africa." It is a moniker many of its leaders take seriously. Yet, Nigeria is a state rife with instability, some of it periodically erupting into violence. Given still-ongoing national security challenges in the land that notoriously includes a bloody religion-oriented terrorism, the Fourth Republic since 1999, the longest period of continuous democratic rule since independence-key to the timeline of this book-has not been insulated from the spell of instability. The main argument of this work is that internationally agreed-upon ethical standards embedded in human rights can save Nigeria. This book is a methodologically and theoretically-grounded, seminal discourse on Nigerian foreign relations that spells out the human rights or lack thereof in those relations, including underlying and impinging domestic forces. This work is set around six issues of application embedded in a temple of Nigeria's human rights foreign policy, comprising two steps and four pillars: reconstructed national interest, increased human rights at home, redesigned peacekeeping, reshaped foreign policy machinery, increased bilateralism in foreign relations, and the use of ECOWAS as human rights tool. Although focused on the period since independence, for proper understanding of events from the past that shape the current patterns of politics in the land, this book also embodies a historical background chapter that overviews the pre-colonial and colonial eras.

Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people 'illegal'. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.