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Full-Text Articles in Immigration Law
The Inquisitorial Advantage In Removal Proceedings, Won Kidane
The Inquisitorial Advantage In Removal Proceedings, Won Kidane
Faculty Articles
This article takes a radically different and unique approach to improving due process in removal/deportation proceedings. It argues that the existing adversarial system of adjudication, which is incontrovertibly inefficient, expensive and unfair, is a product of cultural imaginary. It demonstrates that if the current adversarial model is measured by contemporary utilitarian standards, it is utterly counterproductive. The article then recommends the adoption of the inquisitorial model of the civilian system by converting the majority of the 951 government lawyers, who now serve as the non-citizens’ adversaries, into administrative law judges. Through a comparative analysis of the common law and civil …
Centering The Immigrant In The Inter/National Imagination (Part Iii): Aoki, Rawls, And Immigration, Robert S. Chang
Centering The Immigrant In The Inter/National Imagination (Part Iii): Aoki, Rawls, And Immigration, Robert S. Chang
Faculty Articles
Fifteen years ago, Keith Aoki and Professor Robert Chang published "Centering the Immigrant in the Inter/National Imagination" in an early LatCrit symposium. Fifteen years later Professor Chang uses the occasion of the current Symposium to revisit conversations with Keith about centering the immigrant in political theory, as he addresses the issue of immigration, the rights of immigrants, and what is to be our national self-conception. What follows is a sketch that shows how centering the immigrant exposes the inattention paid to the immigrant and the issue of immigration in social contract theory. It focuses on how the immigrant might be …