Seminar paper from the year 2004 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+; 15 Punkte, Suffolk University Law School (International Law), course: International Business Transactions, 32 entries in the bibliography, language: English, comment: The founders of the United States recognized the desirability of providing aliens access to the federal courts and they expressly granted aliens the right to have their cases heard in the fed-eral courts when they drafted the Constitution. As the Constitution in Art III, 2 put it: "The judicial power shall extend . . . to Controversies . . . between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.", abstract: The founders of the United States recognized the desirability of providing aliens access to the federal courts and they expressly granted aliens the right to have their cases heard in the federal courts when they drafted the Constitution. As the Constitution in Art III, 2 put it: "The judicial power shall extend . . . to Controversies . . . between a State, or the Cit izens thereof, and foreign States, Citizens or Subjects." In explaining why federal subject matter jurisdiction should extend to cases involving aliens, Alexander Hamilton reasoned "an unjust sentence against a foreigner ... would ... if unredressed, be an aggression upon his sovereign, as well as one which violated the stipulations in a treaty or the general laws of nations." At the same time, disputes involving aliens were thought likely to involve legal and other issues of national importance, which federal courts were deemed best able to decide." Although there are few records of the Constitutional Convention relating to the subject of the judiciary, it is generally accepted that the decision to establish a federal forum for cases involving aliens arose from two related concerns. The first concern was that state and local judges were likely to be swayed by local prejudices against foreig

IMPASSE: Border Walls or Welcome the Stranger is a must read for policymakers and citizens who wish to repair our broken immigration system. The author proposes innovative solutions to break through the policy impasse in Congress.

Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, 321 entries in the bibliography, language: English, comment: books and articles: 321 table of cases: 435 table of legislation and legal materials: 287 documents / press relations / reports: 196, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well as dilemmas concerning the ethnic and cultural identity of the population. From 1517 until 1917 Palestine was ruled by the Turks as part of the Ottoman Empire. In 1917 British troops conquered the territory and in 1922 the League of Nations granted to Great Britain the Mandate over Palestine. Following the establishment of the state of Israel in Palestine on 14 May 1948 a large number of British mandatory legislation was absorbed into Israel's legal system. This had and still has far-reaching, restrictive implications for the areas of administrative law and the field of human rights and freedoms. The British mandatory legislation includes security legislation - such as the Defence (Emergency) Regulations, 1945 - which empowers military commanders as well as the entirely executive branch of the government to impose severe restrictions on fundamental rights and freedoms. Despite the enactment of two basic laws on human rights in 1992 many areas, such as personal freedom, freedom of speech and the right of association and assembly are still regulated mainly by British colonial legislation that wa

Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 75% (=With Distinction), Cardiff University (Grossbritannien; Law School), course: Comparative Contract Law, language: English, abstract: The question as to whether a third party can be granted rights or protection based on a contract between two other parties to which the third party is a mere stranger is as old as the legal scholarship of contract law itself. Over centuries, quite different approaches to the issue have been evolved and embedded in different legal systems, each with its own characteristics and features. This essay intents primarily to analyse and compare the approaches of English1 and German Law to third party rights arising from bilateral contracts, particularly with regard to contracts for the benefit of a third party and the new Contracts (Rights of Third Parties) Act 1999. However, despite this main focus, some other features related to third party involvement in mutual contracts will be considered too. In the first and the second part of this essay I will describe the modus operandi of English and German law with regard to third party rights and highlight differences and similarities. The third part of this paper concerns the approach of that what is sometimes called an international restatement of contract law, namely the UNIDROIT Principles of International Commercial Contracts,2 to the rights of third parties. A comparison of the English and German system with the restatement will illustrate to what extent elements of these two national legal systems have been implemented and considered in an international project of unification of law

Mental health in the elderly is a topic that draws a lot of research interest. However, researchers call depression in old age a "scientific myth," for lack of conclusive findings. While some researchers have found that depression is highest among the oldest people. Others found the opposite. To understand this scientific myth, researchers argue that people of different age groups are usually exposed to different stressors, thus controlling for different stressors will lead to different answers. However, there are situations when all age groups are facing the same stressor. For example, wars, natural disasters, economic depressions, and project-induced forced migrations subject people of all ages to the same adverse conditions. Does the same stressor affect people of different ages differently? In this study, our interest is to detect whether there are any age differentials in depression when individuals of different ages face a common stressor: the impending forced migration-induced by a large scale dam project-the Three Gorges Project (TGP) in China. The book is addressed to professionals in the filed of migration study. It is also directed towards policy makers.

Authors Include William Paul Dillingham, William Jett Lauck, Alexander Edmond Cance And Harry Alvin Millis. In Two Volumes.

Although America is unquestionably a nation of immigrants, its immigration policies have inspired more questions than consensus on who should be admitted and what the path to citizenship should be. In Americans in Waiting, Hiroshi Motomura looks to a forgotten part of our past to show how, for over 150 years, immigration was assumed to be a transition to citizenship, with immigrants essentially being treated as future citizens--Americans in waiting. Challenging current conceptions, the author deftly uncovers how this view, once so central to law and policy, has all but vanished. Motomura explains how America could create a more unified society by recovering this lost history and by giving immigrants more, but at the same time asking more of them. A timely, panoramic chronicle of immigration and citizenship in the United States, Americans in Waiting offers new ideas and a fresh perspective on current debates.

The Chinese Exclusion Act of 1882 made the Chinese the first immigrant group officially excluded from the United States. In Paper Families, Estelle T. Lau demonstrates how exclusion affected Chinese American communities and initiated the development of restrictive U.S. immigration policies and practices. Through the enforcement of the Exclusion Act and subsequent legislation, the U.S. immigration service developed new forms of record keeping and identification practices. Meanwhile, Chinese Americans took advantage of the system's loophole: children of U.S. citizens were granted automatic eligibility for immigration. The result was an elaborate system of "paper families," in which U.S. citizens of Chinese descent claimed fictive, or "paper," children who could then use their kinship status as a basis for entry into the United States. This subterfuge necessitated the creation of "crib sheets" outlining genealogies and providing village maps and other information that could be used during immigration processing.Drawing on these documents as well as immigration case files, legislative materials, and transcripts of interviews and court proceedings, Lau reveals immigration as an interactive process. Chinese immigrants and their U.S. families were subject to regulation and surveillance, but they also manipulated and thwarted those regulations, forcing the U.S. government to adapt its practices and policies. Lau points out that the Exclusion Acts and the pseudo-familial structures that emerged in response have had lasting effects on Chinese American identity. She concludes with a look at exclusion's legacy, including the Confession Program of the 1960s that coerced people into divulging the names of paper family members and efforts made by Chinese American communities to recover their lost family histories.

Visa processing barriers limiting inbound international business and pleasure travelers cost the United States economy billions of dollars in direct revenues while severing vital communications links to the Arab market. Total Arab market import demand has more than doubled since the year 2001, but US corporations attempting to close deals are stymied by visa barriers that turn away even longtime Arab business visitors, including trainees seeking to enter the US. The US has already lost US$62 billion in merchandise trade to competitors maintaining "open door" visa policies through 2005. Cumulative opportunity cost losses are on track to reach a total of $101 billion in 2006 as "turnkey" infrastructure projects, defense, consumer goods, and industrial machinery deals flow to US competitors. IRmep presents specific recommendations for avoiding permanent damage to vital trade and communications links between the US and this key region.

This new book (CAMBRIDGE UNIVERSITY STUDENT UNION INTERNATIONAL 2003-2004: INTERNATIONAL STUDENTS' STRUGGLE FOR REPRESENTATION IN THE UNITED KINGDOM) by Christian Kim is very interesting. The struggles of international students at Cambridge University and in the context of the United Kingdom come alive for the reader. There are many important documents and articles included in the book that makes this a historical document in its own right. Christian Kim's book points out the inadequacies of Cambridge University to deal with the influx of international students and their needs. Furthermore, this book exposes the underhanded policies of the British New Labour government. It would not be a surprise if this book becomes an important impetus for change in the United Kingdom. It seems that Christian Kim desires nothing more than positive change for the benefit of international students. This book is more than a recounting of the valiant struggles of international students, particularly in light of the onerous $500 Visa Renewal Fee that the British New Labour government struck on international students while they were away for the summer vacation. This book is a heart-warming account of the positivity of the human spirit to take on a big unfair power even when the odds are stacked against them. There are a lot of pictures in the book that make events come alive.

There are many people in the United States today who are illegal alien. Many of these people entered the United States legally but became illegal for lack of knowledge of what to do to remain legal. Ignorance of the law is no excuse. Some are even afraid to take the right step. Some rely on the faulty step taken by people around them when they entered the United States. Some are discouraged from taking the right step. Some are ill advised. Some believes that it cost fortune to consult an Attorney. The author, who himself entered the United States as a visitor but later changed his status, encountered some of this discouragement. However, considering his background as an Attorney, who was familiar with the effect of being illegal, it was easy for him to overcome the obstacles. Consequently, he decided to write this book to assist others who may have otherwise fallen into the same trap.

The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity-that is, the rights to entry, residence, work, family life, and protection from expulsion-through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, administrative, and judicial arenas. In this remarkable study Elspeth Guild examines the ways in which law in Europe defines the status of the individual and his or her entitlements as regards identity. Among her enlightening approaches to this complex subject the following may be listed: the right to move across borders; the limitations of citizenship of the Union as currently construed; social benefits of citizenship; residence; immigration; family reunification; human rights of foreigners; asylum; expulsion and readmission; recial discrimination; and, long-resident third-country nationals. The analysis includes extensive reference to relevant cases, especially European Court of Justice and European Court of Human Rights decisions. This is a work of great value and insight. As more and more legislation is adopted in the area of European citizenship, courts will increasingly be called upon to articulate the relationship of individuals to the territory and society in which they find themselves. And as this inevitable development is defined, all jurists and legal academics who care for civil society in Europe will discover this deeply considered book afresh.

The states of the Southern African Development Community (SADe have committed themselves to increased regional cooperation and integration. This study collates information on national immigration legislation into a single region-wide publication. It is divided thematically into chapters surveying citizenship and registration laws in the SADC, migration and immigration legislation and policies, and refugee protection and immigration controls. The report identifies points of similarity and difference in national immigration law between SADC member states, and investigates the possibilities for harmonisation of national immigration.

For the first time in English and a single volume are the Statute, Regulations and government Procedures Manual comprising the primary sources of Mexico's immigration law. Includes original Spanish texts.

The Chinese Exclusion Act of 1882, which barred practically all Chinese from American shores for ten years, was the first federal law that banned a group of immigrants solely on the basis of race or nationality. By changing America's traditional policy of open immigration, this landmark legislation set a precedent for future restrictions against Asian immigrants in the early 1900s and against Europeans in the 1920s. Tracing the origins of the Chinese Exclusion Act, Andrew Gyory presents a bold new interpretation of American politics during Reconstruction and the Gilded Age. Rather than directly confront such divisive problems as class conflict, economic depression, and rising unemployment, he contends, politicians sought a safe, nonideological solution to the nation's industrial crisis--and latched onto Chinese exclusion. Ignoring workers' demands for an end simply to imported contract labor, they claimed instead that working people would be better off if there were no Chinese immigrants. By playing the race card, Gyory argues, national politicians--not California, not organized labor, and not a general racist atmosphere--provided the motive force behind the era's most racist legislation. |Analyzes the Chinese Exclusion Act of 1882 from a national perspective. By playing the race card, national politicians--not California, not organized labor, and not a general racist atmosphere--were responsible for this law.

This work recounts the successful story of national and international approaches to the population question from the 1960s to the present, and examines the progress made in reducing rapid rates of population growth and high levels of fertility. It describes the evolution of national population policies by governments, their aims, successes and shortcomings, and explores the emergence of international agencies seeking to reinforce and underpin those commitments. This study draws on documents and sources, and assesses the achievements of the 1974 Bucharest World Population Conference, the 1984 International Conference on Population in Mexico and the several major national and international initiatives that followed them, up to the 1992 UN Conference on Environment and Development in Rio. The book examines the prospects for a new international consensus in population, and considers the preparation for the International Conference on Population and Development in Cairo in 1994. The text is supplemented with annex materials.

Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.

The Immigration and Nationality Act (INA) authorizesaand in some cases requiresathe Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien's removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as whether the alien is seeking admission into the United States or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. In many instances DHS maintains discretion to release an alien from custody. But in some instances, such as when an alien has committed specified crimes, the governing statutes have been understood to allow release from detention only in limited circumstances. This book focuses on current topics concerning immigration detention and enforcement.

Suspended Lives explores the experiences of asylum seekers in the midwestern United States in vivid detail. Drawing on long-term ethnographic fieldwork among Cameroonian and other African asylum seekers, Bridget M. Haas traces the emotional and social effects of being embedded in the US asylum regime. Appealing to the United States for protection, asylum seekers are cast into a complex and protracted bureaucratic system that increasingly treats them as suspect. Haas shows how the US asylum system both serves as a potential refuge from past violence and creates new forms of suffering. She takes readers into the intimate spaces of asylum seekers' homes and communities, in addition to legal and bureaucratic settings that are often inaccessible to the public. Poignantly foregrounding the lives and voices of asylum seekers, Suspended Lives exposes the asylum system as a site of multiple, yet often hidden and normalized, forms of violence. Haas also illuminates how asylum seekers respond to these harms to actively endure the asylum process.

What difference does law make in immigration policymaking? Since the 1970s, networks of progressive attorneys in both the US and France have attempted to use litigation to assert rights for non-citizens. Yet judicial engagement - while numerically voluminous - remains doctrinally curtailed. This study offers new insights into the constitutive role of law in immigration policymaking by focusing on the legal frames, narratives, and performances forged through action in court. Challenging the conventional wisdom that 'cause litigation' has little long-term impact on policymaking unless it produces broad rights-protective principles, this book shows that legal contestation can have important radiating effects on policy by reshaping how political actors approach immigration issues. Based on extensive fieldwork in the United States and France, this book explores the paths by which litigation has effected policy change in two paradigmatically different national contexts.

More children than ever are crossing international borders alone to seek asylum worldwide. In the past decade, over a half million children have fled from Central America to the United States, seeking safety and a chance to continue lives halted by violence. Yet upon their arrival, they fail to find the protection that our laws promise, based on the broadly shared belief that children should be safeguarded. A meticulously researched ethnography, Precarious Protections chronicles the experiences and perspectives of Central American unaccompanied minors and their immigration attorneys as they pursue applications for refugee status in the US asylum process. Chiara Galli debunks assumptions about asylum, including the idea that people are being denied protection because they file bogus claims. In practice, the United States interprets asylum law far more narrowly than what is necessary to recognize real-world experiences of escape from life-threatening violence. This is especially true for children from Central America. Galli reveals the formidable challenges of lawyering with children and exposes the human toll of the US immigration bureaucracy.

"I worked in a trailer that ICE had set aside for conversations between the women and the attorneys. While we talked, their children, most of whom seemed to be between three and eight years old, played with a few toys on the floor. It was hard for me to get my head around the idea of a jail full of toddlers, but there they were." For decades, advocates for refugee children and families have fought to end the U.S. government's practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum. Baby Jails is the history of that legal and political struggle. Philip G. Schrag, the director of Georgetown University's asylum law clinic, takes readers through thirty years of conflict over which refugee advocates resisted the detention of migrant children. The saga began during the Reagan administration when 15-year-old Jenny Lisette Flores languished in a Los Angeles motel that the government had turned into a makeshift jail by draining the swimming pool, barring the windows, and surrounding the building with barbed wire. What became known as the Flores Settlement Agreement was still at issue years later, when the Trump administration resorted to the forced separation of families after the courts would not allow long-term jailing of the children. Schrag provides recommendations for the reform of a system that has brought anguish and trauma to thousands of parents and children. Provocative and timely, Baby Jails exposes the ongoing struggle between the U.S. government and immigrant advocates over the duration and conditions of confinement of children who seek safety in America.

Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.

Immigration and Refugee Law in Russia confronts the issue of access to justice and the realisation of human rights for migrants and refugees in Russia. It focuses on everyday experiences of immigration and refugee laws and how they work 'in action' in Russia. This investigation presupposes that the reality is much more complex than is generally assumed, as it is mediated by peoples' varied positionalities. Agnieszka Kubal's primary focus is on people, their stories and experiences: migrants, asylum seekers, refugees, immigration lawyers, Russian judges, and the Federal Migration Service officers. These actors speak with different voices, profess different ideologies, and hold opposite worldviews; what they hold in common is their importance to our understanding of migration processes. By this focus on individual views and opinions, Kubal highlights the complexity and nuance of everyday experiences of the law, breaking away from the portrayal of Russia as a legal and ideological monolith.