Kategoria BISAC: Law >> Emigration & Immigration

The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. There is little doubt that securing membership status in a given state bequeaths to some a world filled with opportunity and condemns others to a life with little hope. Gaining privileges by such arbitrary criteria as one's birthplace is discredited in virtually all fields of public life, yet birthright entitlements still dominate our laws when it comes to allotting membership in a state.

In The Birthright Lottery, Ayelet Shachar argues that birthright citizenship in...

Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G....

The Qualities of a Citizen traces the application of U.S. immigration and naturalization law to women from the 1870s to the late 1960s. Like no other book before, it explores how racialized, gendered, and historical anxieties shaped our current understandings of the histories of immigrant women. The book takes us from the first federal immigration restrictions against Asian prostitutes in the 1870s to the immigration "reform" measures of the late 1960s. Throughout this period, topics such as morality, family, marriage, poverty, and nationality structured historical debates over...

Immigrants today are faced with a Byzantine mixture of laws and "red tape" from the Immigration and Naturalization Service that makes IRS regulations look like a grade school primer. Whether you want to know the special immigration process for orphans, the exceptions to the controlled substance exclusion, or if the "green card" is really green, "Immigration and the Law" is the source to consult.

Cultural Expertise and Litigation addresses the role of social scientists as a source of expert evidence, and is a product of their experiences and observations of cases involving litigants of South Asian origin. What is meant in court by "culture," "custom" and "law"? How are these concepts understood by witnesses, advocates, judges and litigants? How far are cross-cultural understandings facilitated - or obscured - in the process? What strategies are adopted? And which ones turn out to be successful in court? How is cultural understanding - and misunderstanding -...

Human rights seemingly offer universal protection. However, irregular migrants have, at best, only problematic access to human rights. Whether understood as an ethical injunction or legally codified norm, the promised protection of human rights seems to break down when it comes to the lived experience of irregular migrants. This book therefore asks three key questions of great practical and theoretical importance. First, what do we mean when we speak of human rights? Second, is the problematic access of irregular migrants to human rights protection an issue of implementation, or is it due...