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"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
Firsthand testimonies from Guantánamo Bay, inspiring future generations to never repeat the human rights violations of the detention center. Law scholar and Witness to Guantánamo founder Peter Jan Honigsberg uncovers a haunting portrait of life at the military prison and its toll, not only on the detainees and their loved ones but also on its military and civilian personnel and the journalists who reported on it. Honigsberg conducted 158 interviews across 20 countries so that the people who lived and worked there could tell their heartbreaking and inspirational stories. In each one, we face the reality that the healing process cannot begin until we start the conversation about what was done in the name of protecting our country. These are a few of them. Many alleged operatives in Guantánamo were purchased by the United States for ransom from Afghan and Pakistani soldiers. Brandon Neely, a prison guard who processed the first group of suspected operatives to arrive in Cuba, flew to London to embrace the detainees he guarded after leaving the military. Navy whistleblower Matt Diaz covertly released the names of 500 detainees by sending them in a greeting card to a lawyer in New York. Journalist Carol Rosenberg committed the past 17 years of her career to documenting life at Guantánamo. And Damien Corsetti, an interrogator who came to be known as the “King of Torture,” received ribbons and awards for the same cruel actions for which he was later prosecuted. In startling, aching prose, A Place Outside the Law shines a light on these unheard voices, and through them, encourages the global community to embrace humanity as our greatest tool to make the world a safer place.
Inside and Outside the Law analyses the relationship between the law, the state and its citizens. Drawing on general theories and specific case-studies, it examines the diverse ways in which people in different cultural and historical settings have experienced the ambiguities of law. Its theme develops to engage with current debates concerning the status of rules and codification in social life and to the revival of interest in moralities. With chapters that encompass countries such as Peru, Mozambique, Spain, Iran, the US and Britain this book has a strong global perspective.
'Listen, Leaf,' Pritchard said, 'the hash is neither here nor there. You're in a lot more trouble than possession of a bit of dope. You've got big problems, man... big problems.' He looked at me with something akin to sympathy. 'How did you get into such a fix?' I'd been asking myself the same question. Operation Julie in 1977 remains Britain's biggest ever drugs bust. The work of eleven police forces, it resulted in the break-up of one of the largest LSD co-operatives in the world, the arrest of 120 people and, according to reports, the seizure of six million trips' worth of LSD crystal, valued at £100 million. Overnight, the price of a tab went from £1 to £5. This is the first insider account of how it felt to be caught up in - and by - Operation Julie.
The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott
Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.
When law school sweethearts Tanner Cohen and Sydney Braswell witness their perfect plans for career and family fall apart, they vow never to look back. Now, years later, they’re both assigned to the same federal task force—Tanner as an FBI agent and Sydney as a special prosecutor—and they must work together if they want justice to be served. The obstacles that forced them apart still exist, but their strong connection cannot be denied. Will they embrace their second chance to be soul mates, or will their dedication to duty deny them happiness forever? In this final installment of the Lone Star Law Series, the federal task force encounters their biggest challenges yet as they confront enemies on both sides of the law.
Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one's actions - or to delegitimate those of an adversary. Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.
More law students than ever before come to law school having been diagnosed with a learning disability. The purpose of this book is to provide research-based learning strategies for law students who learn differently. If you are a student who has been diagnosed with a learning disability or if you simply have a unique learning style, you may need to outline differently, read cases differently, and approach law school in a more active, engaged, and efficient manner. This book offers learning strategies grounded in empirical research to help law students who learn differently maximize their academic success. "Learning Outside the Box provides a concise map to the tricky terrain of law school success while simultaneously offering practical and emotional support to readers with nontraditional learning styles. The book will benefit both prospective law students and those current students who see a 'mismatch between how law professors teach . . . and the way in which [the students] learn' (p.19). These readers may find it most useful simply to skim the text initially and then reread pertinent sections later as the content becomes applicable to their studies. In addition to students, law school faculty members, administrators, and staff responsible for counseling law students should also become familiar with this text. The book is recommended for all law school libraries." -- Barbara Glennan, Law Library Journal's "Keeping Up with New Legal Titles"
Unique behind-the-scenes account of the Camp David peace talks.