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The Immigration Crucible: Transforming Race, Nation, and the Limits of the Law
by Philip Kretsedemas-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.
The Immigration Crucible: Transforming Race, Nation, and the Limits of the Law
by Philip KretsedemasIn the debate over U. S. immigration, all sides now support policy and practice that expand the parameters of enforcement. Philip Kretsedemas examines this development 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 politics and academia. He also analyzes the recent expansion of local immigration law and explains how forms of extralegal discretionary authority have become more prevalent in federal immigration policy, making the dispersion of local immigration laws possible. While connecting such extralegal state powers to a free flow position on immigration, Kretsedemas also observes how these same discretionary powers have been used historically to control racial minority populations, particularly African Americans under Jim Crow. This kind of discretionary authority often appeals to "states rights" arguments, recently revived by immigration control advocates. Using these and other examples, Kretsedemas explains how both sides of the immigration debate have converged on the issue of enforcement and how, despite differing interests, each faction has shaped the commonsense assumptions defining the debate.
The Immigration Law Death Penalty: Aggravated Felonies, Deportation, and Legal Resistance
by Sarah ToshTraces the role of the aggravated felony in today’s deportation regimeIn immigration courts across America, a non-citizen convicted of an “aggravated felony” will almost certainly face deportation with no access to asylum. However, despite the ominous-sounding name, aggravated felonies need not be either “aggravated” or “felonies.” The term encompasses more than thirty offenses, ranging from check fraud and shoplifting to filing a false tax return. The recent expansion in the list of such offenses has resulted in astronomical rates of deportation.This book chronicles the rise of the use of the aggravated felony, known by lawyers as the “immigration law death penalty,” to criminalize and then deport immigrants. Immigrants convicted of aggravated felonies are subject to mandatory detention and almost certain deportation—and are ineligible for almost all forms of legal relief from removal. Furthermore, immigrants convicted of aggravated felonies can be detained for months or even years without bond, are not guaranteed lawyers, and can even be deported without an opportunity to plead their case in court. Sarah Tosh provides the first in-depth understanding of how aggravated felonies have been used to deport thousands of documented and undocumented immigrants and how the severe, expansive, and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance. The Immigration Law Death Penalty is an urgent read for anyone committed to protecting the rights of immigrants nationwide.
The Immigration and Nationality Act of 1965
by Gabriel J. ChinAlong with the civil rights and voting rights acts, the Immigration and Nationality Act of 1965 is one of the most important bills of the civil rights era. The Act's political, legal, and demographic impact continues to be felt, yet its legacy is controversial. The 1965 Act was groundbreaking in eliminating the white America immigration policy in place since 1790, ending Asian exclusion, and limiting discrimination against Eastern European Catholics and Jews. At the same time, the Act discriminated against gay men and lesbians, tied refugee status to Cold War political interests, and shattered traditional patterns of Mexican migration, setting the stage for current immigration politics. Drawing from studies in law, political science, anthropology, and economics, this book will be an essential tool for any scholar or student interested in immigration law.
The Immoral Majority: Why Evangelicals Chose Political Power Over Christian Values
by Ben HoweAn analysis of why and how the Religious Right could vote for Donald Trump in 2016, and how the movement can redeem itself and get back on track.In 2016, writer and filmmaker Ben Howe found himself disillusioned with the religious movement he’d always called home. In the pursuit of electoral victory, many American evangelicals embraced moral relativism and toxic partisanship.In The Immoral Majority, Howe—still a believer and still deeply conservative—analyzes and debunks the intellectual dishonesty and manipulative rhetoric that evangelical leaders use to convince Christians to toe the Republican Party line. He covers the history of the Christian Right, as well as the events of the last three decades that led to the current state of the conservative movement at large.As long as evangelicals prioritize power over persuasion, Howe argues, their pews will be empty and their national influence will dwindle. If evangelicals hope to avoid cultural irrelevance, it means valuing the eternal over the ephemeral, humility over ego, and resisting the seduction of political power, no matter the cost. The Immoral Majority demonstrates how the Religious Right is choosing the profits of this world at the cost of its soul—and why it’s not too late to change course.
The Immortal Commonwealth: Covenant, Community, and Political Resistance in Early Reformed Thought (Law and Christianity)
by David P. HenrecksonIn the midst of intense religious conflict in the late sixteenth and early seventeenth century, theological and political concepts converged in remarkable ways. Incited by the slaughter of French Protestants in the Saint Bartholomew's Day Massacre, Reformed theologians and lawyers began to marshal arguments for political resistance. These theological arguments were grounded in uniquely religious conceptions of the covenant, community, and popular sovereignty. While other works of historical scholarship have focused on the political and legal sources of this strain of early modern resistance literature, The Immortal Commonwealth examines the frequently overlooked theological sources of these writings. It reveals how Reformed thinkers such as Heinrich Bullinger, John Calvin, Theodore Beza, and Johannes Althusius used traditional theological conceptions of covenant and community for surprisingly radical political ends.
The Impact of Artificial Intelligence on Human Rights Legislation: A Plea for an AI Convention
by John-Stewart GordonThe unmatched technological achievements in artificial intelligence (AI), robotics, computer science, and related fields over the last few decades can be considered a success story. The technological sophistication has been so groundbreaking in various types of applications that many experts believe that we will see, at some point or another, the emergence of general AI (AGI) and, eventually, superintelligence. This book examines the impact of AI on human rights by focusing on potential risks and human rights legislation and proposes creating a Universal Convention for the Rights of AI Systems (AI Convention).
The Impact of COVID-19 on Corporations and Corporate Law in Malaysia
by Loganathan Krishnan Wai Meng ChanThis book analyzes the impact of COVID-19 on corporations in Malaysia, discussing the challenges and the corporations’ responses to them. The relevant provisions in the Companies Act 2016 are examined, and where necessary, reforms are proposed in light of the new business environment brought on as a result of the pandemic. The book also discusses the interim measures initiated by the various regulators in order to mitigate the impact of COVID-19 and analyzes the adequacy of such measures by drawing analogous positions from countries such as the UK, Australia, and Singapore. This book is a helpful guide for practitioners to manage the impact of COVID-19 on corporations and the Companies Act 2016. The book is a reference point for regulators and policy makers in crafting policies to combat the impact of COVID-19.
The Impact of Corporate Culture and CMS: A Cross-Cultural Analysis on Internal and External Preventive Effects on Corruption (SpringerBriefs in Business)
by Kai-D Bussmann Sebastian Oelrich Andreas Schroth Nicole SelzerEntering developing markets, companies are challenged by various cultures and widespread corruption. This book is a cross-cultural survey that explores the crime preventive effects of corporate cultures and compliance management systems (CMS) in China, India, Russia and Germany. Almost 2,000 managers anonymously reported about the compliance programs in place and cultures in their companies as well as on their experience with corruption at work and in everyday life.Despite differences across countries, results suggest that the elements of an integrity-promoting corporate culture are similarly important in their corruption preventive effects.The second major result is that a CMS can develop its effectiveness only when combined with an appropriately practiced integrity-promoting company culture.Third, companies can counteract the negative external influences of a corruption-prone national culture. Moreover, spill-over effects of an integrity-promoting company culture can make an important contribution to national cultural change. For this reason, an integrity-promoting corporate culture is a contribution to corporate social responsibility.
The Impact of Corporate Social Responsibility: Corporate Activities, the Environment and Society (Routledge Studies in Management, Organizations and Society)
by Lutz Preuss Anna Heikkinen Ralf Barkemeyer Robert KudłakThe Impact of Corporate Social Responsibility: Corporate Activities, the Environment and Society adds to the current debate on the societal-level impacts of corporate social responsibility (CSR). This edited volume offers conceptual and empirical contributions highlighting various dimensions of CSR impacts. What differentiates the book from others is that we examine the impact of CSR at the societal level, rather than focussing only on those at occur at the level of the firm. The book’s contributions present novel perspectives that comprise, among others, empirical analyses of CSR activities, accounts of impacts in various geographic locations, and state-of-the-art reviews of extant literature on the topic. The practical examples and theory-building presented here help us to better capture the societal impacts of contemporary CSR practice. This book will appeal to scholars and students as well as practitioners and policy makers interested in practical and theoretical aspects of CSR impacts at the societal-level.
The Impact of Corporate Social Responsibility: Corporate Activities, the Environment and Society (Routledge Studies in Management, Organizations and Society)
by Lutz Preuss Anna Heikkinen Ralf Barkemeyer Robert KudłakThe Impact of Corporate Social Responsibility: Corporate Activities, the Environment and Society adds to the current debate on the societal-level impacts of corporate social responsibility (CSR). This edited volume offers conceptual and empirical contributions highlighting various dimensions of CSR impacts. What differentiates the book from others is that we examine the impact of CSR at the societal level, rather than focussing only on those at occur at the level of the firm. The book’s contributions present novel perspectives that comprise, among others, empirical analyses of CSR activities, accounts of impacts in various geographic locations, and state-of-the-art reviews of extant literature on the topic. The practical examples and theory-building presented here help us to better capture the societal impacts of contemporary CSR practice. This book will appeal to scholars and students as well as practitioners and policy makers interested in practical and theoretical aspects of CSR impacts at the societal-level.Chapter 3 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives CC-BY 4.0 license.
The Impact of Corruption on International Commercial Contracts
by Michael Joachim Bonell Olaf MeyerThis volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a "bribe merchant"), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
The Impact of Covid-19 on Prison Conditions and Penal Policy (Routledge Frontiers of Criminal Justice)
by Frieder DünkelThe Impact of COVID-19 on Prison Conditions and Penal Policy presents the results of a worldwide exchange of information on the impact of COVID-19 in prisons. It also focuses on the human rights questions that have been raised during the pandemic, relating to the treatment of prisoners in institutions for both juveniles and adults worldwide. The first part brings together the findings and conclusions of leading prison academics and practitioners, presenting national reports with information on the prison system, prison population rates, how COVID-19 was and is managed in prisons, and its impact on living conditions inside prisons and on reintegration programmes. Forty-four countries are covered – many in Europe, but also Argentina, Brazil, Chile, Colombia, Perú, Costa Rica, Canada, the USA, Kenya, South Africa, China, India, Japan, Australia and New Zealand. In the second part, thematic chapters concentrate explicitly on the impact of the pandemic on the application of international human rights standards in prisons and on worldwide prison population rates. The book concludes by drawing out the commonalities and diverging practices between jurisdictions, discussing the impact of measures introduced and reflecting on what could be learnt from policies that emerged during the pandemic. Particular attention is paid to whether "reductionist" strategies that emerged during the pandemic can be used to counteract mass incarceration and prison overcrowding in the future. Although the book reflects the situation until mid 2021, after the second and during the third wave of the pandemic, it is highly relevant to the current situation, as the living conditions in prisons did not change significantly during the following waves, which showed high infection rates (in particular in the general population), but increased vaccination rates, too. In prisons, problems the pandemic raises have an even greater impact than for the general society. Revealing many notable and interesting changes in prison life and in release programmes, this book is essential reading for students and scholars of penology, criminology, law, sociology and public health. It will also appeal to criminal justice practitioners and policy makers.
The Impact of European Employment Strategy in Greece and Portugal
by Sotirios ZartaloudisThrough the new use of new empirical evidence derived from analysing employment services, gender equality policies and flexicurity in Greece and Portugal, this book provides compelling new insights into how European Employment Strategy (EES) can influence the domestic employment policy of European Union member states.
The Impact of International Migration
by Lira SagynbekovaThis book comprisesthe historical overview of migration processes in Kyrgyzstan, contemporarymigration trends in international migration and various social, economic andpolitical impacts of migration. It presents the findings of longstanding,in-depth, comprehensive and empirical research. Insights are maximized by applyingthe multi-sited strategy of analyzing both the migrant's place of origin andthat of destination. The primary goal of the book is to contribute to a betterunderstanding of the meanings and the impacts of contemporary internationalmigration processes in Kyrgyzstan and their relevance for local livelihoods.
The Impact of Law's History: What’s Past is Prologue (Palgrave Modern Legal History)
by Marcus K. Harmes Sarah McKibbin Jeremy PatrickThis book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.
The Impact of Religion, Personality, Values and Worldviews on Attitudes Towards Human Rights: An Empirical-theological Study Among Nigerian Youth (Religion and Human Rights #11)
by Modestus Chiedozie AdimekweThis book provides a rigorous investigation into the adoption and culture of human rights in Nigeria, with a focus on the human rights attitudes of Nigerian students. Exploring the perceived paradox of enthusiastic endorsement of human rights instruments and their poor application in Nigeria, the author uses an empirical-theological research design to understand how young people in Nigeria evaluate human rights and which factors trigger their evaluation. In doing so, this book is the first to empirically examine the predictors of human rights attitudes among Nigerians and provides new insights into the degree of social significance of the religiosity of adolescents in the country. It also offers a compelling quantitative analysis differences in human rights attitudes among Nigerian youth along religious lines. Given the importance of a culture of human rights in our increasingly diverse societies and the salience of religion on this matter in Nigeria, and across the Africancontinent, this book provides a valuable perspective on the interrelationships between religion, value orientations, personality traits, socio-political context, and human rights. Being concerned with the future of human rights in Nigeria, the author argues that it is crucial to understand ‘the religious factor’ among Nigerian students today. This book is therefore recommended to educators, especially teachers of Religion Education, and scholars working in educational settings, but will also be of interest to researchers in social sciences, public administrators, and policymakers.
The Impact of Science and Technology on the Rights of the Individual
by Nicola LucchiThevolume is devoted to the relevant problems in the legal sphere, created andgenerated by recent advances in science and technology. In particular, itinvestigates a series of cutting-edge contemporary and controversialcase-studies wherescientific and technological issues intersect withindividual legal rights. The book addresses challenging topics at theintersection of communication technologies and biotech innovations such asfreedom of expression, right to health, knowledge production, Internet contentregulation, accessibility and freedom of scientific research.
The Impact of Scientific Evidence on the Criminal Trial: The Case of DNA Evidence
by Oriola SallavaciThis book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.
The Impact of Technology on the Criminal Justice System: A Psychological Overview
by David Ross Joanna Pozzulo Emily PicaThis comprehensive volume explores the impact of emerging technologies designed to fight crime and terrorism. It first reviews the latest advances in detecting deception, interrogation, and crime scene investigation, before then transitioning to the role of technology in collecting and evaluating evidence from lay witnesses, police body cameras, and super-recognizers. Finally it explores the role of technology in the courtroom with a particular focus social media, citizen crime sleuths, virtual court, and child witnesses. It shines light on emerging issues, such as whether new norms have been created in the emergence of new technologies and how human behaviour has shifted in response. Based on a global range of contributions, this volume provides an overview of the technological explosion in the field of law enforcement and discusses its successes and failures in fighting crime. It is valuable reading for advanced students in forensic or legal psychology and for practitioners, researchers, and scholars in law, criminal justice, and criminology.
The Impact of UK Immigration Law: Declining Standards of Public Administration, Legal Probity and Democratic Accountability
by Sheona YorkThis book provides an insightful analysis of recent developments in immigration, asylum and citizenship law in the broader social and political context. Written accessibly by an experienced practitioner, it critically examines the development of UK immigration control since the second world war, identifying and focusing on the grievous collateral damage being caused to the rule of law and to society. It examines the decline in standards of public administration, the secular failure to follow the rule of law, and the related issues of social corrosion and lack of democratic accountability. Speaking to academics, practitioners, policy makers and all those concerned about the impact of the hostile environment, it makes proposals for legal changes which prioritise social cohesion: a shared burden of proof, a simple regularisation scheme and clear path to citizenship, and details how these would operate in practice.
The Impact of WTO SPS Law on EU Food Regulations
by Chris DownesThis book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms - the WTO SPS Committee and Codex Alimentarius - to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.
The Impact of a Regional Business School on its Communities: A Holistic Perspective (Humanism in Business Series)
by Bob MacKenzie Rob WarwickThe place and impact of large, elite business schools is hotly debated. Compared to such establishments, little has been written about smaller, regional, community-oriented business schools that serve and interact with their various communities at home or abroad.Focusing on one of the smaller regional business schools in the UK, and incorporating perspectives from further afield, this book seeks to redress that balance. This local focus enables a more holistic understanding of what really goes on in terms of the complex relationships, practices, challenges and contexts at play in such an arena. The book, conceived throughout the Covid-19 pandemic, reverberates with a multiplicity of voices, perspectives and narratives, and reflects a process of collaborative autoethnography and critical friendship. It will be of great value to academics, students and others who are interested in optimising the benefits of regional business schools around the world.
The Impact of the Digital Consumer's Emotional Intelligence in Relation to the Moral Values Promoted in E-Business (Sustainable Management, Wertschöpfung und Effizienz)
by Ioana Bucur-TeodorescuThe study on the impact of the digital consumer's emotional intelligence based on the moral values promoted in e-business presents an actual interdisciplinary topic in the context of the digital age. The research proposes an original approach to e-business and digital consumer in terms of moral values and emotional intelligence. The Internet has positive effects on consumers and organizations when it is used properly to improve the quality of life. New consumers are more selective, receptive and interested in new technologies. Digital consumers have the opportunity to get informed quickly about products/services offers and e-business provides a simplified acquisition process through diversity and accessibility.
The Impact of the Freedom of Information Act on Central Government in the UK
by Robert Hazell Ben Worthy Mark GloverBased on interviews with officials, requesters and journalists, as well as a survey of FOI requesters and a study of stories in the national media, this book offers a unique insight into how the Freedom of Information Act 2000 really works.