Not Working

Author: Alejandra Marchevsky
Publisher: NYU Press
ISBN: 9780814757109
Size: 61.27 MB
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Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws—including self-interested reasoning and the manipulation of doctrine—that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court. Original Sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutional decision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.

Latino Issues

Author: Rogelio Saenz
Publisher: ABC-CLIO
ISBN: 1598843141
Size: 48.96 MB
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This book provides a lively understanding of the growing Latina/o population in the United States, highlights the problems that confront this ethnic group, and discusses proposed solutions to these issues. * A chronology of the major events that have shaped the Latina/o experience in the United States * A directory of organizations, associations, and agencies focusing on the Latina/o population, with brief descriptions of the group's origins, mission, and activities

Entitled To Nothing

Author: Lisa Sun-Hee Park
Publisher: NYU Press
ISBN: 0814768334
Size: 20.66 MB
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In Entitled to Nothing, Lisa Sun-Hee Park investigates how the politics of immigration, health care, and welfare are intertwined. Documenting the formal return of the immigrant as a public charge, or a burden upon the State, the author shows how the concept has been revived as states adopt punitive policies targeting immigrants of colour and require them to pay back benefits for which they are legally eligible during a time of intense debate regarding welfare reform. In this book, Park delves into one of the front lines of the battle over the boundaries of citizenship and nation and the meaning of social rights. Park argues that the notions of public charge and public burden were reinvigorated in the 1990s to target immigrant women of reproductive age for deportation and as part of a larger project of disciplining immigrants. Drawing on nearly 200 interviews with immigrant organizations, government agencies and safety net providers, as well as careful tracking of policies and media coverage, Park provides vivid, first-person accounts of how struggles over the public charge doctrine unfolded on the ground, as well as its consequences for the immigrant community.Ultimately, she shows that the concept of public charge continues to lurk in the background, structuring our conception of who can legitimately access public programs and of the moral economy of work and citizenship in the U.S., and makes important policy suggestions for reforming our immigration system.

The Immigration Crucible

Author: Philip Kretsedemas
Publisher: Columbia University Press
ISBN: 0231527322
Size: 62.32 MB
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In the debate over U.S. immigration, all sides now support policy and practice that expand the parameters of enforcement. While immigration control forces lobby for intensifying enforcement for reasons that are transparently connected to their policy agenda, and pro-immigration forces favor the liberalization of migrant flows and more fluid labor market regulation, these transformations, meant to grow global trade and commerce networks, also enlarge the extralegal (or marginally legal) discretionary powers of the state and encourage a more enforcement-heavy governing agenda. Philip Kretsedemas examines these developments from several different perspectives; exploring recent trends in U.S. immigration policy, the rise in extralegal state power over the course of the twentieth century, and discourses on race, nation and cultural difference that have influenced the policy and academic discourse on immigration. He also analyzes the recent expansion of local immigration laws—including the controversial Arizona immigration law enacted in the summer of 2010—and explains how forms of extralegal discretionary authority have become more prevalent in federal immigration policy, making the dispersion of these local immigration laws possible. While connecting these extralegal state powers to a free flow position on immigration, he also observes how these same discretionary powers have historically been used to control racial minority populations (particularly African American populations under Jim Crow). This kind of discretionary authority often appeals to "states rights" arguments, recently revived by immigration control advocates to support the expansion of local immigration laws. Using these and other examples, Kretsedemas explains how both sides of the immigration debate have converged on the issue of enforcement and how, despite different interests, each faction has shaped the commonsense assumptions currently defining the scope and limits of the debate.

Encyclopedia Of Immigrant Health

Author: Sana Loue
Publisher: Springer Science & Business Media
ISBN: 144195659X
Size: 49.20 MB
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This encyclopedia adopts a biopsychosocial-historical approach to immigrant health, with a focus on immigrant populations in, and immigration to, magnet countries. Extensive references to worldwide trends and global issues are made throughout its entries.

The Emergence Of Latino Americanos On The United States Political Stage

Author: Anthony A. Sisneros
Publisher:
ISBN:
Size: 44.87 MB
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This study is the first empirical study of the development of Latino empowerment on the United States political stage, utilizing data collected from voter behavior research, narrative inquiry, participant-observation, interviews, content analysis, case study analysis, case law analysis, and examinations of national and state labor force statistical data. This work should appeal to scholars interested in state and local government, legislative studies, law and courts, public administration, and nonprofit and ethnic studies. events give due cause to be impressed with Latino Americanos: first, the fact that in 2003, Latinos became the United States' largest minority; second, three Latino U.S. Senators, first-time Latino Attorney General and Secretary of Commerce, and female Mexican-born defeats incumbent native-born Hispanic and MPA graduate for a House seat in the Illinois State General Assembly are all historic events for the Latino community in America. This book is timely, considering significant population shifts in the United States which are redefining the minority, plurality, and majority status of Latinos, by utilizing data collected from voter behavior research, narrative inquiry, participant-observation, interviews, content analysis, case study analysis, case law analysis, and examinations of national and state labor force statistical data.

Battleground

Author: Judith Ann Warner
Publisher: Greenwood Pub Group
ISBN: 9780313344138
Size: 76.29 MB
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Selenidad

Author: Deborah Paredez
Publisher: Duke University Press Books
ISBN:
Size: 20.28 MB
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An outpouring of memorial tributes and public expressions of grief followed the death of the Tejana recording artist Selena Quintanilla Pérez in 1995. The Latina superstar was remembered and mourned in documentaries, magazines, websites, monuments, biographies, murals, look-alike contests, musicals, drag shows, and more. Deborah Paredez explores the significance and broader meanings of this posthumous celebration of Selena, which she labels “Selenidad.” She considers the performer’s career and emergence as an icon within the political and cultural transformations in the United States during the 1990s, a decade that witnessed a “Latin explosion” in culture and commerce alongside a resurgence of anti-immigrant discourse and policy. Paredez argues that Selena’s death galvanized Latina/o efforts to publicly mourn collective tragedies (such as the murders of young women along the U.S.-Mexico border) and to envision a brighter future. At the same time, reactions to the star’s death catalyzed political jockeying for the Latino vote and corporate attempts to corner the Latino market. Foregrounding the role of performance in the politics of remembering, Paredez unravels the cultural, political, and economic dynamics at work in specific commemorations of Selena. She analyzes Selena’s final concert, the controversy surrounding the memorial erected in the star’s hometown of Corpus Christi, and the political climate that served as the backdrop to the touring musicals Selena Forever and Selena: A Musical Celebration of Life. Paredez considers what “becoming” Selena meant to the young Latinas who auditioned for the biopic Selena, released in 1997, and she surveys a range of Latina/o queer engagements with Selena, including Latina lesbian readings of the star’s death scene and queer Selena drag. Selenidad is a provocative exploration of how commemorations of Selena reflected and changed Latinidad.