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Posts tagged Legal Studies
THE RACISM OF IMMIGRATION CRIME PROSECUTION

By INGRID EAGLY

Eric Fish’s Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish’s archival work unearthing this unsettling history and examines how his research has informed a series of legal challenges seeking to strike down the modern federal border crossing law as violating the Equal Protection Clause of the Constitution. Focusing on the district court decision in United States v. Carrillo-Lopez that struck down the reentry law, and the subsequent Ninth Circuit reversal, this Response explores three central and recurring questions in the immigration law field: (1) the legacy of plenary power; (2) the significance of the blurry boundary between immigration law and other areas of law, such as the criminal law; and (3) the thorny problem of when taint from a discriminatory predecessor law continues to infect a modern law. The resolution these three key debates is central not only to the constitutionality of the illegal entry and reentry laws, but also to other areas of law that shape the lives of immigrants in the United States.

USA, UCLA School of Law. 2023, 20pg

Children’s Rights in Norway: An Implementation Paradox?

Edited by Karl Harald Søvig; Marit Skivenes; Malcolm Langford

Norway tops international indexes on children’s rights but continues to attract criticism for its level of compliance with the Convention of the Rights of Child. This book is the first scholarly attempt to address this implementation paradox. The authors ask: What is the current level of implementation? How can we explain any gap in perceived performance? Can we improve our measurement of children’s rights? With the use of quantitative and qualitative methods, the volume examines a wide range of areas relevant to children’s rights. These include child protection and sexual violence, detention and policing, poverty and custody proceedings, asylum and disability, sexual orientation and gender identity, and childcare and human rights education. In addition, the book offers a proposal for an alternative statistical approach to measuring Norway’s performance. The book’s editors conclude by pointing towards the complex set of factors that complicate full realisation and the need for the Government to engage in proper measurement of implementation.

Oslo: Scandinavian University Press, 2019. 452p.