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Learning Employment Law
Learning Employment Law provides concise and clear text, examples, and case excerpts that empower students to engage in sophisticated problem-solving regarding the most pressing issues in contemporary workplace law. The book succinctly reviews the historical backdrop of each issue to ensure that students gain the wider understanding necessary to effectively address contemporary problems. The book is comprised of 44 independent Lessons that can be structured by the professor to highlight different themes. Students will be exposed to common law and regulatory regimes, with a focus on the new workplace challenges of the platform economy, outsourced labor, and immigrant labor. Students will gain a sophisticated understanding of the challenges facing lawyers in this rapidly developing area of the law.
Understanding Immigration Law
The second edition of Understanding Immigration Law lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The book also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. In the middle chapters, the authors provide a capsule summary of the law concerning the admissions and removal procedures and criteria in the Immigration and National...
The Legal Construction of a Latino Identity
In the landmark Hernandez v. Texas (1954), the U.S. Supreme Court held for the first time that Mexican Americans constitute a protected class under the 14th Amendment Equal Protection Clause. The Legal Construction of a Latino Identity explores the many and complex ways in which Latinos impact, and have been impacted by, the American legal system, and how this interaction has been paralleled by an evolving Latino legal identity. Whether considered through the prism of race/ethnicity, language rights, or immigrant status, the legal identity of Latinos in the United States has evolved and developed significantly in the years following Hernandez. Thus, the book includes chapters on educational ...
Employment Authorization, Alienage Discrimination and Executive Authority
Undocumented individuals with deferred action find themselves in a kafkaesque position, and neither scholars nor courts have persuasively addressed how their liminal immigration status affects their rights in the workplace. Many begin with the intuitive assumption that immigration and employment law are in a fundamental and unresolvable tension with each other. On one hand, anti-discrimination principles protect noncitizens from alienage discrimination in the workplace. On the other hand, Congress enacted employer sanctions precisely to keep undocumented noncitizens out of the workplace. In the face of this dilemma, the default approach is to conclude without analysis that employers (and sta...
A New 'U'
This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers. Moreover, employment and labor law, with their individual rights frameworks, have proven blunt instruments in eradicating the type of subordinating, sometimes slave-like conditions of immigrant workers, especially those in low-wage industries. The federal government recently issued long-awaited regulations governing U nonimmigrant visas for certain crime victims. Several of the enum...
The Illusion of Transformative Conflict Resolution
In this article, we examine the implementation of mediation in domestic violence cases in Nicaragua as a case study of the transnational movement of alternative conflict resolution within rule of law reforms across the world. Unlike scholarship about mediation in the United States, the effects of mediation's global implementation are undertheorized. This article examines the importation of U.S. style mediation and its implementation in domestic violence situations in developing countries such as Nicaragua where traditional legal systems are weaker than those institutionalized in the United States. In particular, we evaluate mediation as applied in Mulukukú, an isolated community in the rura...
Critical Race Judgments
Using CRT, this book demonstrates how law can make Black lives, and the lives of other racially marginalized groups, matter.
Masculinities and the Law
According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculi...
The Immigration and Nationality Act of 1965 c
Along with the civil rights and voting rights acts, the Immigration and Nationality Act of 1965 is one of the most important bills of the civil rights era. The Act's political, legal, and demographic impact continues to be felt, yet its legacy is controversial. The 1965 Act was groundbreaking in eliminating the white America immigration policy in place since 1790, ending Asian exclusion, and limiting discrimination against Eastern European Catholics and Jews. At the same time, the Act discriminated against gay men and lesbians, tied refugee status to Cold War political interests, and shattered traditional patterns of Mexican migration, setting the stage for current immigration politics. Drawing from studies in law, political science, anthropology, and economics, this book will be an essential tool for any scholar or student interested in immigration law.
Exploring Masculinities
Written by leading experts in the area, this volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory.
