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Semblances of Sovereignty
In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"-...
The Arc of Protection
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Citizenship Policies for an Age of Migration
Many liberal democracies, facing high levels of immigration, are rethinking their citizenship policies. In this book, a group of international experts discuss various ways liberal states should fashion their policies to better accommodate newcomers. They offer detailed recommendations on issues of acquisition of citizenship, dual nationality, and the political, social, and economic rights of immigrants. Contributors include Patrick Weil (University of Paris Sorbonne), David A. Martin, (University of Virginia School of Law), Rainer Bauböck, (Austrian Academy of Sciences), and Michael Fix (Urban Institute).
Citizenship Today
Foreword, Jessica T. Mathews.
Immigration and Citizenship
With a theme of membership and belonging reflected throughout, Immigration and Citizenship: Process and Policy presents exceptionally broad coverage of immigration and citizenship and their unalienable rights. The book discusses constitutional protections, deportation, and judicial review and removal procedures. The authors define immigration and citizenship to include not only the traditional questions of who is admitted and who is allowed to stay in the United States, but also the complex areas of discrimination between citizens and non-citizens, unauthorized migration, federalism, and the close interaction of constitutional law with statutes and regulations. The fifth edition integrates i...
Immigration Controls
Some of the most pressing questions in immigration law and policy today concern the problem of immigration controls. How are immigration laws administered, and how are they enforced against those who enter and remain in a receiving country without legal permission? Comparing the United States and Germany, two of the four extended essays in this volume concern enforcement; the other two address techniques for managing high-volume asylum systems in both countries.
Migration and International Legal Norms
This volume provides a comprehensive and up-to-date analysis of the source and scope of international law on migration. It explores international norms on state authority to regulate migration, freedom of movement, forced migration, human rights, family unification, trafficking and smuggling of migrants, national security, rescue at sea, health, development, integration, and nationality. Migration and International Legal Norms shows that, despite the absence of a comprehensive legal instrument governing international migration, there is a wide range of legal norms relevant to migration embodied in multilateral treaties and conventions, regional agreements, and customary international law. It also identifies some significant gaps in international law, recommending areas for further cooperative efforts. This volume will be of interest to scholars and policy-makers, and to all those interested in how the community of nations is responding to the increasingly significant phenomenon of international migration.
Forced Migration
Forced Migration: Law and Policy, 2nd edition, addresses the legal framework and policy issues raised by asylum seekers, refugees, internally displaced persons, and other forced migrants. It includes new materials on detention policies, expedited procedures, firm resettlement, fact-finding in the asylum process, gender-related persecution, maritime interdiction, particular social group, terrorism bars, the Convention Against Torture, and many other topics. The principal focus of this casebook is U.S. law and policy, but it also includes a wealth of comparative materials from many countries and regional organizations. Forced Migration provides a more expansive, in-depth treatment of topics examined in the chapter on asylum and the Convention Against Torture in the casebook, Immigration and Citizenship, Process and Policy, 7th edition, co-authored by Aleinikoff, Martin, Motomura, and Fullerton.
Modern Constitutional Theory
This work can be used as a supplement in law school constitutional law courses, or as a text for a course in constitutional theory. It first examines current influential theories of the Constitution, then examines various proposals for interpreting the Constitution, and then covers judicial review. Other chapters correspond with the major topics covered in constitutional law casebooks. The authors ask what and whose purposes are served by existing rules, and inquire whether some other organization is preferable. The selections take opposing positions on each subject, to make students aware of existing conflicts and to facilitate class discussion.
The Global Governed?
Examines refugees as important and neglected providers of protection and assistance.
