Human Rights Law Commons^™

Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk

Berta E. Hernández-Truyol

An independent global citizenship without a local component and in the absence of the much-feared global government creates two concerns. One, an individual may imperil the rights of others, without a structure that can impose sanctions for the heinous conduct. Two, an individual's rights may be imperiled, and there may be no entity to provide protection. This essay proposes a model of a formal global citizenship that will alleviate these concerns and prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. Such citizenship …

Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar

Daniel Kanstroom

The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human 'illegality' has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines - anthropology, law, political science, religious studies, and sociology - examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, …

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Katherine L. Vaughns

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …

Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer

Daniel Kanstroom

No abstract provided.

Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

Since the passage of harsh new deportation laws in 1996, the United States has deported millions of noncitizens--many undocumented, but many others long-term legal residents with U.S. families--back to their countries of origin. The early Obama administration continued such aggressive deportation policies. But few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe isolation, alienation, persecution and, sometimes, death. Many may never be able to return. Daniel Kanstroom--author of the authoritative history of deportation, Deportation Nation--turns his attention in Aftermath to the current U.S. system and deportation's actual effects on …

Deportations And Repatriations, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom

Daniel Kanstroom

This chapter offers an overview of deep questions about immigration and deportation law and practice. It includes a discussion of recent deportation policies and Supreme Court precedents.

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …

Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom

Daniel Kanstroom

From the Author’s Introduction: We live in a time of unusual vigor, efficiency, and strictness in the deportation of long-term permanent resident aliens convicted of crimes. This situation is the result of some fifteen years of relatively sustained attention to this issue, which culminated in two exceptionally harsh laws: the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In many cases, these laws have brought about a rather complete convergence between the criminal justice and deportation systems. Deportation is now often a virtually automatic consequence of criminal …

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo

Marisa S. Cianciarulo

Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …

Deportation Nation: Outsiders In American History, Daniel Kanstroom

Daniel Kanstroom

The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees.

We are a nation of immigrants--but which ones do we want, and what do we do with those that we don’t? These questions have troubled American law and politics since colonial times.

Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and …

The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

America Goes Global, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Stories From Immigration Practice, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

From The Reign Of Terror To Reigning In The Terrorists: Defining The Rights Of Noncitizens In The Nation Of Immigrants, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration Litigation In Federal Court, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration Consequences Of Criminal Convictions, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Crying Wolf Or A Dying Canary?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Dangerous Undertones Of The New Nativism: Peter Brimelow And The Decline Of The West, Daniel Kanstroom

Daniel Kanstroom

Nativism - an intense opposition to immigrants and other non-native members of society - has been deeply imbedded in the American character from the earliest days of the nation. Dating from the Alien and Sedition controversy of 1798 to California's recent Proposition 187, nativism has long been a driving force in policy making, a particular irony in a country founded and populated by immigrants.

This anthology of original, specially commissioned essays is informed at its core by George Santayana's famous edict that "Those who cannot remember the past are condemned to repeat it." Examining the current surge in nativism in …

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Balancing The Privacy Interests Of Repatriated Haitians Against The Public Interest In Asylum Procedures, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Federal Court Litigation And Review, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.