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The overt and implicit biases that pervade immigration law and
influence actors in the immigration system inflict extensive harms
on noncitizens, their families, and their communities. Moreover,
the system's rampant discrimination and intentional subordination
of noncitizens undermine the country's commitment to equality and
justice for all. This book envisions a different kind of
immigration jurisprudence: a feminist version of immigration law
that fosters a country where newcomers readily flourish with
dignity. By reimagining Supreme Court opinions, this volume
reconsiders the norms behind immigration policies and practices. It
uplifts critical feminist and race concerns which value the
perspectives of outsiders, expose the deep-rooted bias in the legal
opinions of courts, and illuminate the effects of ostensibly
neutral policies that create and maintain oppression and hierarchy.
On September 27, 2018, the Senate Judiciary Committee held hearings
concerning Dr. Christine Blasey Ford's allegations that
then-Supreme Court Justice nominee Judge Brett Kavanaugh had
sexually assaulted her in the mid-1980s. Advice and Consent is a
play formed of interviews, found text, and transcripts,
re-arranged, selected, and edited for poetic and provocative
effect. The drama is designed as a thought experiment about power,
pathos, tragedy, politics, gender, race, and truth. Accompanied by
a score written by law professor and violinist Kathleen Kim, it may
be either read or performed.
This volume, part of the Feminist Judgment Series, shows how
feminist legal theory along with critical race theory and
intersectional modes of critique might transform immigration law.
Here, a diverse collection of scholars and lawyers bring critical
feminist, race, and intersectional insights to Supreme Court
opinions. Feminist reasoning values the perspectives of outsiders,
exposes the deep-rooted bias in the legal opinions of courts, and
illuminates the effects of ostensibly neutral policies that create
and maintain oppression and hierarchy. One by one, the chapters
reimagine the norms that drive immigration policies and practices.
In place of discrimination and subordination, the authors demand
welcome and equality. Where current law omits the voice and stories
of noncitizens, the authors center their lives and experiences.
Collectively, they reveal how a feminist vision of immigration law
could center a commitment to equality and justice and foster a
country where diverse newcomers readily flourish with dignity.
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