Suchergebnisse

Amid economic and political turmoil, anti-immigrant legislation has flared again among a handful of fiercely determined states. To justify the intrusion into national immigration enforcement, the dissident states invoke imagery of invading hordes of "illegals"—though the unauthorized population actually fell by nearly two-thirds, decreasing by about a million people, between 2007 and 2009 as the recession reduced the lure of jobs. Arizona's Senate Bill 1070—recently invalidated in part by the U.S. Supreme Court in Arizona v. United States—led the charge. By preelection-year summer 2011, several states enacted laws patterned after Arizona's controversial Senate Bill 1070, including Alabama's even more aggressive HB 56. A host of lawsuits are pending against the new laws, which are at least partially invalid after Arizona v. United States. Other controversial proposals circulate, such as eliminating birthright citizenship or branding the birth certificates of alleged "anchor babies" implanted in the United States by foreigners. This chapter examines how the spurt of state legislation is a proxy way to vent resurgent racialized anxieties and engage in friend-enemy politics founded on conflict with the "Other"—the foreign enemy within—in a time of economic and political turmoil. Despite the ostensibly a-racial construct of the illegal alien used to legitimize the lashing out, it is suffused with racialized perception. Current tactics parallel the overtly racialized hostility of past episodes of states enacting out anti-immigrant legislation. The oft-raised concern in such a fiercely polarized time is racial discrimination. Antidiscrimination law, however, does not offer the remedy for this concern. Part 1 analyzes two hot-button forms of resurgent state and local anti-"alien" laws of our times—laws patterned on the Arizona template and the anti–birthright citizenship movement. It explores the dominance of racialized anxieties behind the seemingly race-neutral construct of the vilified alien. Part 2 contrasts the ...

Cycles of fear over perceived undesirables have fueled a thickening entanglement between immigration and criminal law in the United States. Surging criminalization and prosecution of immigration violations, expanding crime-related bases for exclusion and deportation, and the broadening powers to detain and investigate have reshaped the criminal law's connections to immigration. Immigration law has increasingly permeated and permuted criminal law and procedure. Conversely, criminal-law consequences have transformed civil immigration law. Courts have pushed back on some of the dangers of fierce popular passions in the criminal immigration context. Ultimately, however, the future of this murky and precarious domain depends on finding a way to bridge fierce divides in the political branches. ; https://digitalcommons.law.uw.edu/faculty-books/1021/thumbnail.jpg

International Criminal Law: Cases and Commentary presents a comprehensive practice-oriented explanation of the development of major areas in substantive international criminal law through a selection of key illustrative cases from domestic and international jurisdictions. The book focuses on law related to individual criminal liability for war crimes, crimes against humanity, genocide, and aggression, with specific attention paid to sources of international criminal law, fundamental principles of criminal responsibility, and defences. The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. ; https://digitalcommons.law.uw.edu/faculty-books/1022/thumbnail.jpg