Law Commons^™

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang

Northwestern Journal of Law & Social Policy

The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation’s pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic racism and sustained racial caste. While immigration law currently affords minimal legal protections for these children, in application, the law continues to fall egregiously short of providing for the safety of unaccompanied children. Though critics have long attested to the legal system’s neglect of unaccompanied children, subsequent legal analysis …

North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir

New England Journal of Public Policy

Because of its geographical size and location, Libya has for centuries been a transit county for human movement across the region. Thus, its experience with immigrants has a long history. In the early 1970s, Libya became a destination for foreigners seeking jobs. Some entered the country legally, others illegally. All came to work, live, and send remittances back to their families. During the 1990s, when many migrants used Libya as a transit country for crossing the sea to Europe, the European Union started negotiating with the Libyan government to curb the flow of irregular migrants. In 2011, the country joined …

European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis

New England Journal of Public Policy

The European continent has for some years been facing increased pressure from migration. In 2010, Europe, in comparison with the other continents, was expected to host the largest number of migrants: 69.8 million migrants representing 32.6 percent of the total flow of migrants (213.9 million international migrants). This pressure has caused the two main European organizations, the Council of Europe and the European Union, to act decisively for the protection of migrants. Although the European legal order offers a high standard of human rights protection—having adopted, over the decades, the relevant instruments and developed effective mechanisms—the two European organizations have …

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White

Cultural Encounters, Conflicts, and Resolutions

The Australian government implemented a new policy in July 2013 in an attempt to more effectively address the recent spike in irregular migrants trying to reach its shores. In this paper, I examine the panic over migration in Australia concerning asylum seekers arriving by boat. The discussion is divided into two main themes. First, I look at how the Australian government is attempting to manage irregular immigration with a specific focus on the regional arrangement with Papua New Guinea. I argue that instead of mutually beneficial efforts at regional cooperation, the Australian government is merely shifting its responsibilities to a …

Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

This essay picks up a few threads in the ongoing debate on national identity in Italy. Immigration and the intertwining of cultures locally have stretched the contours of the nation state to a breaking point. As a result, the social self has become a sharply contested terrain between those who want to install a symbolic electronic fence around an imagined fatherland and those who want a more inclusive nation at home in a global world. After discussing the views of Amin Maalouf (2000), Alessandro Dal Lago (2009), Abdelmalek Sayad (1999) and Patrick Manning (2005) on national identity and migration in …

Policy On Immigration From The Southwest And Resulting Border Control Security Implications, Amber Gottfried, Arpit Bawa, Russel Goff, Austin Grelle, Marielynn Herrera

Student Papers in Public Policy

The attacks of September 11, 2001 (9/11) forced the United States to examine its immigration policies and how they relate to the national security of the nation. In the months following these events, Congress expanded the nation’s ability to collect data and share information on suspected terrorists through the passage of several laws focused on detaining and deportation of immigrants (Rosenblum, 2011). Although the intention of the enactment of these policies was to protect the nation from further terrorist attacks, they have created unforeseen impacts on populations identified as immigrants into the United States.

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

Citizenship, Rights, And Culture, Alison Brysk

Human Rights & Human Welfare

Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

Cubans, ¡Si!; Haitians, ¡No!: U.S. Immigration Policy, Cultural Politics, And Immigrant Eligibility, Michele Zebich-Knos

Journal of Global Initiatives: Policy, Pedagogy, Perspective

No abstract provided.

The Politics Of Immigration: A Representation Of The Unconscious Mind, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the concept of an illegal immigrant from different psychological perspectives.

Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman

Human Rights & Human Welfare

The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. Cambridge, UK: Cambridge University Press, 2004. 251 pp.

and

Why the French Don’t Like Headscarves: Islam, the State, and Public Space by John R. Bowen. Princeton: Princeton University Press, 2006. 290 pp.

and

Muslim Girls and the Other France: Race, Identity Politics & Social Exclusion by Trica Danielle Keaton. Bloomington: Indiana University Press, 2006. 223 pp.

and

Human Rights and Religion: The Islamic Headscarf Debate in Europe by Dominic McGoldrick. Portland, Oregon: Hart Publishing, 2006. 320 pp.

Foreword, Edwin Meléndez

New England Journal of Public Policy

This is the first of two parts of "Latinos in a Changing Society"; Part II is scheduled for Fall/Winter 1995 publication. The following articles provide new insights into several key areas of concern: immigration, employment and income, and political participation. Part II articles will address education, health, and identity and ethnicity.