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Posts in Inclusion
The Feminist Legislation Project: Rewriting Laws for Gender-Based Justice

Edited by Becky Batagol, Kate Seear, Heli Askola and Jamie Walvisch

In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women. Each chapter contains a short piece of legislation – proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women’s experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws are made for the benefit of women). The proposed laws are, moreover, drafted with feedback from a senior parliamentary draftsperson (providing guidance to contributors in a personal capacity), to ensure conformity with legislative rigour, as well as accompanied by an explanation of their reasons and their aims. Although the legislation is Australian-based, the issues raised by each are recognisably global, and are reflected in the legislation of most other nations. This first feminist legislation project will appeal to scholars of feminist legal studies, gender and the law, gender studies and others studying or working in relevant legal areas.

London; New York: Routledge, 2025. 392p.

Bulk Surveillance, Democracy and Human Rights Law in Europe: A Comparative Perspective

By Marcin Rojszczak

This book discusses contemporary standards of legal safeguards in the area of bulk electronic surveillance from the perspective of the European legal model. Bulk, or untargeted, surveillance, although traditionally associated with the interception of electronic communications, is increasingly used as a convenient tool for collecting information on large groups of society. The collection of redundant information, which is intrinsic to bulk surveillance, is no longer a side effect but an important objective of the use of bulk powers. As a result, untargeted surveillance is everywhere increasingly being implemented, and without any clear link to state security or crime-fighting objectives. This work examines the origins of untargeted measures, explores their mechanics and key concepts, and defines what distinguishes them from other forms of surveillance. The various elements of the legal safeguards in place, which are fundamental to protecting individuals from the risks of abuse of power, are analysed in detail. The book discusses not only the different standards of legal safeguards, but also gives examples of their implementation in individual European countries. It also examines the relationship between the development of the global data market and untargeted surveillance powers, in particular in the context of the risks associated with algorithmic surveillance, client-side scanning, the privatisation of surveillance – or surveillance as a service – and the increasingly widespread use of preventive content filtering mechanisms. The book will be a valuable resource for academics and researchers working in the areas of law, international relations, public policy, engineering and sociology. It will also appeal to professionals dealing with various aspects of the use of surveillance measures, such as experts, members of the legislature and law enforcement agencies.

London; New York: Routledge, 2025. 290p.

Smart Urban Safety and Security: Interdisciplinary Perspectives

Edited by Anniina Autero, Marcela de Moraes Batista Simão, Ilari Karppi

This open access book explores the use of technologies for urban safety and security. Rather than focusing on the technologies themselves, it provides and in-depth analysis of the complex urban transformations linked to the increasing integration of technical systems in the built environment. Interdisciplinary contributions explain how technologies can improve urban safety, whilst offering a broader discussion relative to urban, socio-economic and political factors. Against simplistic techno-solutionist ideas, the authors illustrate the role of technology as means to an end and show how technologies can widen our understanding of safety and security. Readers are introduced to issues relative to the practical implementation, development, and testing of urban technologies via numerous case studies from cities around the world.

Singapore: Palgrave Macmillan, 2025. 317p.

The Borders of Violence: Temporary Migration and Domestic and Family Violence

By Marie Segrave and Stefani Vasil

This book explores the structural harm of borders and non-citizenship, specifically temporary non-citizenship, in the perpetuation of domestic and family violence (DFV). It focuses on the stories and situations of over 300 women in Australia. The analysis foregrounds how the state and the migration system both sustain and enable violence against women. In doing so this book demonstrates how structural violence is an insidious component of gendered violence – limiting and curtailing women’s safety. The Borders of Violence advances contemporary research on DFV by considering the role of the state and the migration system. It bridges different fields of scholarship to interrogate our knowledge about DFV and its impacts and improve our critical accounts of gender, structural violence and borders. It illuminates the ways in which temporary non-citizens are often silenced and/or their experiences are obfuscated by state processes, policies and practices, which are weaponised by perpetrators in countries of destination and origin, with impunity. An accessible and compelling read, this book will appeal to students and scholars of border criminology, criminology, sociology, politics, sociology, law and social policy. It offers key insights for professionals, policymakers, stakeholders and advocates working broadly to support temporary non-citizens and/or to address and eliminate violence against women.

London; New York: Routledge, 2025. 223p

Archives and Human Rights

Edited by Jens Boel, Perrine Canavaggio and Antonio González Quintana

Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity? Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation. Through a historical overview and topical case studies from different regions of the world the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations. Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgment that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights.

Routledge, 2021. 353p

A Nicaraguan Exceptionalism? Debating the Legacy of the Sandinista Revolution

By Hilary Francis

In recent years, child migrants from Honduras, Guatemala and El Salvador have made the perilous journey to the United States in unprecedented numbers, but their peers in Nicaragua have remained at home. Nicaragua also enjoys lower murder rates and far fewer gang problems when compared with her neighbours. Why is Nicaragua so different? The present government has promulgated a discourse of Nicaraguan exceptionalism, arguing that Nicaragua is unique thanks to the heritage of the 1979 Sandinista revolution. This volume critically interrogates that claim, asking whether the legacy of the revolution is truly exceptional. An interdisciplinary work, the book brings together historians, anthropologists and sociologists to explore the multifarious ways in which the revolutionary past continues to shape public policy – and daily life – in Nicaragua’s tumultuous present.

London: University of London Press, 2020. 198p.

Banal Security: Queer Korea in the Time of Viruses

By Timothy Gitzen

The decades-long fear of South Korean national destruction has routinized national security and the sense of threat. In present day South Korea, national security includes not only war and the military, but national unity, public health, and the family. As a result, queer Koreans have become a target as their bodies are thought to harbor deadly viruses and are thus seen as carriers of diseases. The prevailing narrative already sees being queer as a threat to traditional family and marriage. By claiming that queer Koreans disrupt military readiness and unit cohesion, that threat is extended to the entire population. Queer Koreans are enveloped by the banality of security, treated as threats, while also being overlooked as part of the nation. What does it mean to be perceived as a national threat simply based on who you would like to sleep with? In their desire to be seen as citizens who support the safety and security of the nation, queer Koreans placate a patriarchal and national authority that is responsible for their continued marginalization. At the same time, they are also creating spaces to protect themselves from the security measures and technologies directed against them. Taking readers from police stations and the galleries of the Constitutional Court to queer activist offices and pride festivals, Banal Security explores how queer Koreans participate in their own securitization, demonstrates how security weaves through daily life in ways that oppress queer Koreans, and highlights the work of queer activists to address that oppression. In doing so, queer Koreans challenge not only the contours of national security in South Korea, but global entanglements of security.

Helsinki: Helsinki University Press, 2023, 265 p.

Intensifying Conditions at the Southwest Border Are Negatively Impacting CBP and ICE Employees’ Health and Morale

By Joseph V. Cuffari

Why We Did This Audit - The dramatic increases in migrant encounters and traffic at the Southwest border have magnified existing staffing challenges at CBP and ICE. In light of these intensifying issues, we conducted this audit to determine whether CBP and ICE are effectively managing law enforcement staffing resources to accomplish their mission at the Southwest border. What We Recommend We made three recommendations to help CBP and ICE better manage resources along the Southwest border.

Washington, DC: OFFICE OF INSPECTOR GENERAL Department of Homeland Security, 2023. 65p.

Making Protection Unexceptional: A Reconceptualization of the U.S. Asylum System

By Denise Gilman

The United States treats asylum as exceptional, meaning that asylum is presumptively unavailable and is offered only in rare cases. This exceptionality conceit, combined with an exclusionary apparatus, creates a problematic cycle. The claims of asylum seekers arriving as part of wide-scale refugee flows are discounted, and restrictive policies are adopted to block these claims. When asylum claims nonetheless continue to mount, the United States asserts “crisis” and deploys new exclusionary measures. The problems created by the asylum system are not addressed but are instead deepened. This Article encourages a turn away from policies that have led down the same paths once and again. This Article first describes the development of the modern U.S. asylum system, highlighting data that demonstrates the extent to which exceptionality is a basic feature of the system. In doing so, this Article reconsiders an assumption underlying much scholarship and commentary—that the U.S. asylum system is fundamentally generous even if it has sometimes failed to live up to its promise. This Article then establishes that the emphasis on exceptionality has led to an exclusionary asylum process. Most asylum claims are adjudicated within deportation proceedings, and policymakers have imposed layers of additional procedural barriers. Next, this Article presents the problems created by the system. It documents how the system places genuine asylees in danger while causing violence at the border. Further, embedded bias in the system, resulting from the focus on exceptionality, favors asylum claims from far-flung nations such as China over commonly arising claims from nearby troubled countries. This bias creates a legitimacy problem. The system also violates U.S. law and international human rights and refugee law  This Article concludes by offering suggestions for more stable, effective, and humane policies to address asylum seekers in the United States. In addition to eliminating many existing substantive restrictions on asylum, the system should incorporate group-based eligibility for applicants from designated nations or situations that are sending significant refugee flows. Finally, the United States should adopt a specialiZed non-adversarial asylum system for all cases, apart from the deportation system and with genuine independent review of denials of asylum.

  Loyola University Chicago Law Journal, 2023.

The Long Arm of Liminal Immigration Laws

By Cecilia Menjívar

Stumpf and Manning’s Article, Liminal Immigration Law, explains the origin, mechanisms, and persistence of liminal laws in three cases they analyze: DACA, immigration detainers, and administrative closure. Their analysis unearths key similarities across these cases: the “stickiness” and robustness of liminal rules, their transitory nature, and their flexibility in contrast to the inflexibility of traditional law. This Essay expands Stumpf and Manning’s analysis by considering social science scholarship on the legal production of legal statuses. It examines the liminal case of Temporary Protected Status to capture the effects of liminality on the ground for individuals and families, the power of liminal rules as an instrument of immigration control and governance, and the key role of racialization practices in the creation, interpretation, and implementation of liminal rules. The conceptual extension in this Essay exemplifies how the analytic lens that Stumpf and Manning propose will prove generative for legal, socio-legal, and social science scholarship more generally.  

  IOWA LAW REVIEW ONLINE,  Vol. 110:51 2024, 16 p.

Permanent Legal Immigration to the United States: Policy Overview

By William A. Kandel

Four major principles underlie current U.S. legal permanent immigration policy: allowing families to reunify, admitting needed skilled workers, providing humanitarian protection, and fostering geographic diversity among lawful permanent residents (LPRs; also referred to as immigrants). These principles are embodied in provisions of the Immigration and Nationality Act (INA) for family-sponsored immigration, employment-based immigration, the U.S. refugee and asylee programs, and the diversity immigrant visa, respectively. Additional INA provisions provide LPR status but account for relatively few immigrants. Among these are special immigrant visas for certain Iraqis and Afghans employed by U.S. Government and their spouses and children; cancellation of removal for foreign nationals in removal proceedings; U nonimmigrant visas for crime victims who assist law enforcement agencies; and T status for human trafficking victims. As defined in the INA, the term “immigrants” is synonymous with LPRs, also known more informally as green card holders, and refers to foreign nationals who come to live lawfully and permanently in the United States. Foreign nationals can either apply to adjust from a temporary, typically nonimmigrant status to LPR status from within the United States, or apply for an immigrant visa from a U.S. embassy or consulate and request admission as an LPR upon arrival to the United States from abroad. The INA imposes an annual worldwide permanent immigration level of 675,000 persons: 480,000 family-sponsored immigrants, made up of family-sponsored “immediate relatives” and “preference immigrants”; 140,000 employment-based immigrants; and 55,000 diversity immigrants. However, the INA worldwide limit is a permeable cap that is regularly breached because immediate relatives and asylees are not numerically limited. In addition, the number of refugees admitted each year is determined by the President in consultation with Congress. As a result, the number of individuals approved for LPR status each year typically exceeds the INA numerical limits that are intended to process this demand fairly and in accordance with the national interest. In FY2023, the United States granted LPR status to 1,172,910 foreign nationals. The INA further imposes, for family-sponsored preference and employment-based immigrants, a per-country limit of 7% of their annual worldwide levels. The 7% limit is intended to prevent nationals of one or a few countries from dominating immigrant flows. For countries that send many prospective immigrants to the United States, the 7% limit often results in years-long waits for LPR status. From FY2014 to FY2023, the United States granted LPR status to an average of about 1 million foreign nationals each year. Of these, 65% acquired LPR status as family-based immigrants, 16% as employment-based immigrants, 11% as refugees and asylees adjusting to LPR status, 4% as diversity immigrants, and 4% as other immigrants. On average, 54% of all immigrants adjusted to LPR status from within the United States during this time. Top immigrant source countries over the period included Mexico (14%), China (7%), India (6%), the Philippines (5%), and the Dominican Republic (5%). In FY2024, an estimated 4 million prospective family-sponsored preference immigrants possessed approved immigrant petitions and were waiting overseas to apply for a statutorily numerically limited immigrant visa. In addition, the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) has approved a sizeable number of petitions for family-sponsored preference and employment-based immigrants based in the United States and overseas who represent an indeterminate number of prospective immigrants in a corresponding and sometimes overlapping queue. USCIS also has about 230,000 pending petitions for U nonimmigrant status pertaining to crime victims which, if approved, would make these petitioners eligible for LPR status. Proponents of reducing permanent immigration often contend that family-sponsored immigration allows relatively large numbers of foreign nationals to settle permanently in the United States without regard to their skills, education levels, potential contributions to the U.S. economy or potential fiscal impacts on U.S. taxpayers. Others argue that family-sponsored immigration should be limited to immediate relatives of U.S. citizens and LPRs. Still others support limiting employmentbased LPRs to only very highly skilled workers, admitting employment-based immigrants using merit-based point systems instead of or in addition to employer sponsorship, and eliminating the diversity immigrant program. Proponents of increasing permanent immigration typically emphasize the positive impacts of skilled and other migration generally to the U.S. economy, the need for more workers in labor-short occupations and industries, or concerns over demographic trends that portend future U.S. population decline.  

Washington, DC: Congressional Research Service 2024.   27p.

Undocumented and unaccompanied: children of migration in the European Union and the United States

By Cecilia Menjívar & Krista M. Perreir

Thousands of minors are migrating unaccompanied to high-income countries. This special issue focuses on unaccompanied migrant minors from the Global South to Europe and the U.S. In this introduction, we seek to complement the contributions to this special issue by shedding light on what resources and experiences unaccompanied migrants arrive with, stressing these young migrants’

challenges at each stage prior to arrival and the challenges they face navigating the receiving context. We first clarify how the international community defines ‘unaccompanied minors’ or ‘unaccompanied children’. We then provide brief histories of unaccompanied minors in immigration flows to the U.S. and the EU. Next, we review the literature on the experiences of

unaccompanied minors before, during, and after migration. Finally, we discuss key themes and insights from the articles provided in this special issue.

Journal of Ethnic and Migration Studies, 22p.

Asylum and Nonreligion: Emotions, Evidence-making and Credibility

By Ben Laws

This open access Palgrave Pivot explores the experiences of nonreligious asylum seekers in Northern Europe. While religious persecution is often cited as a reason for seeking asylum, nonbelievers also face significant persecution in their home countries due to their lack of religious affiliation. Despite this, their experiences are frequently overlooked in academic discussions, and asylum assessment centers have been slow to develop frameworks that address their unique challenges. Drawing on in-depth qualitative research from Sweden, Norway, and the Netherlands, this book provides a comprehensive examination of the challenges nonbelievers face, as well as the opportunities they create as agents within the system. Emotions offer an analytical window into the world of nonbelievers, highlighting their desperation and innovative practices of evidence creation. Throughout the book, the logics of credibility assessment are critically explored, revealing the cultural chasm between assessors and nonreligious claimants.

Cham: Springer Nature, 2024.