Human Rights Law Commons^™

Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero

Victor C. Romero

This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have …

The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor Romero

Victor C. Romero

Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …

Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero

Victor C. Romero

Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …

Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero

Victor C. Romero

Following the demise of the federal Defense of Marriage Act in United States v. Windsor, the Obama Administration directed a bold, equality-based reading of Windsor to immigration law, treating bi-national same-sex couples the same as opposite-sex couples. This Essay argues that the President's interpretation is both constitutionally and politically sound: Constitutionally, because it comports with the Executive's power to enforce immigration law and to guarantee equal protection under the law; and politically, because it reflects the current, increasingly tolerant view of marriage equality. Though still in its infancy, President Obama's policy of treating same-sex beneficiary petitions generally the same as …

Crossing Borders: Loving V. Virginia As A Story Of Migration, Victor C. Romero

Victor C. Romero

The struggle of binational same-gender partners today parallels the struggles of Mildred and Richard Loving during the heyday of the Civil Rights Movement - not only in the obvious parallels between race and sexual orientation as barriers to freedom, but also in the way the law uses these immutable characteristics to limit the freedom of movement. It is this freedom of movement - this migration or immigration - that I want to focus on in this essay. Lest we forget, the Lovings' story is, importantly, a story of migration: It's a story of the great lengths to which an interracial …

On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor Romero

Victor C. Romero

The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.

This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the right of government …

Review Of "My Name Is Khan", Farrukh Hakeem

Societies Without Borders

No abstract provided.

Review Of “Rape In The Fields. The Hidden Story Of Rape On The Job In America”, Suchitra Samanta

Societies Without Borders

No abstract provided.

Review Of "Young And Gay: Jamaica’S Gully Queens” Produced And Directed By Christo Geoghegan Of Vice News, Shaneda Destine

Societies Without Borders

No abstract provided.

Review Of Jennifer Curtis, Human Rights As War By Other Means (Philadelphia: University Of Pennsylvania Press 2014), Kubilay Y. Arin Mr

Societies Without Borders

Jennifer Curtis, author of Human Rights as War by Other Means, traces the use of rights discourse in Northern Ireland's politics from the local civil rights campaigns of the 1960s to present-day activism for truth recovery and LGBT equality. While reading this remarkable study, I asked myself to what extent her criticism of human “rights discourse has functioned as a war by other means” in Northern Ireland.

Stories From The Margins: Refugees With Disabilities Rebuilding Lives, Brent C. Elder

Societies Without Borders

First-hand accounts of resettlement are seldom heard from refugees with disabilities. The purpose of this study was to facilitate a space for refugees with disabilities to tell their life histories, and their experiences related to resettlement. A global ethnographic framework was used to gather life history interview data from six refugees with a label of disability who have resettled in the United States. To better understand participants’ life histories, multiple theoretical perspectives were utilized including: critical cultural theory, critical race theory (CRT), critical disability studies (CDS), and disability studies (DS) which helped to interpret and navigate the nebulous intersections of …

Review Of Global Coloniality And Power In Guatemala, Andrew Crookston

Societies Without Borders

No abstract provided.

Review Of The Anti-Slavery Project: From Slave Trade To Human Trafficking, Annie Fukushima

Societies Without Borders

No abstract provided.

Review Of Torture: A Sociology Of Violence And Human Rights, Jared Del Rosso

Societies Without Borders

No abstract provided.

Mobilization, Strategy, And Global Apparel Production Networks: Systemic Advantages For Student Antisweatshop Activism, Dale W. Wimberley, Meredith A. Katz, John Paul Mason

Societies Without Borders

The U.S. antisweatshop movement is a major branch of Global North labor rights activism. We focus on the movement’s college student sector, which has been active and moderately effective since its 1997 birth. Using principles from social movement theory and global political economy, we examine (1) these student labor rights groups’ campus context, (2) global production networks (GPNs), and (3) how campus context and GPNs intersect to facilitate student antisweatshop activity and effectiveness in ways distinct from the non-campus U.S. movement. U.S. college campuses are places of pre-existing collective identity and dense interaction, facilitating antisweatshop mobilization. Collegiate apparel GPNs that …

Review Of Edges Of Global Justice: The World Social Forum And Its Others, Manisha Desai

Societies Without Borders

No abstract provided.

A New Societies Without Borders, Brian K. Gran

Societies Without Borders

No abstract provided.

Review Of Fair Trade From The Ground Up: New Markets For Social Justice, Silvia Giagnoni

Societies Without Borders

No abstract provided.

The Ongoing Traumatic Experience Of Genocide For American Indians And Alaska Natives In The United States: The Call To Recognize Full Human Rights As Set Forth In The United Nations Declaration On The Rights Of Indigenous Peoples, Angelique Townsend Eaglewoman

American Indian Law Journal

No abstract provided.

Land-Rights Defenders Face Growing Threat, Lauren Carasik

Media Presence

No abstract provided.