On the Right of Exclusion: Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted.

‘When put to the test, most people have difficulty identifying what justice is, especially when there is tension between proper process and a desired result. Due process is inherent in our conception of justice. But bad process can yield the right result, just as good process can produce the wrong result. The legal system is designed to produce justice. We call it the justice system — sometimes un-selfconsciously, sometimes with bitter irony. It is designed to produce justice according to ...

Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned?In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a comb...

The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of ...

"Symposium: The Meaning of the Civil Rights Revolution" is, in effect, a new and extensive book of contemporary thought on civil rights. In February 2014, the Yale Law Journal held a symposium at Yale Law School marking the fiftieth anniversary of the Civil Rights Act of 1964 and the simultaneous publication of Bruce Ackerman's 'We the People: The Civil Rights Revolution' (2014). Contributors' essays reflected on the origins or status of the American civil rights project, using Ackerman's ...

Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion. Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls...

This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and polic...

Continuing large-scale migration to the United States raises the question of how best to integrate new immigrants into the American national community. Traditionally, one successful answer has been to encourage immigrants to learn our language, culture, history, and civic traditions. New immigrants would then be invited become citizens and welcomed as full members of the community.However, a concerted effort is underway to gain acceptance for, and implement, the idea that the Unite...

The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the pro...

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it – both in modern secular states and in countries with an established religion or theocratic mode of government.This book provides an analysis of the general concept of religious liberty along wi...

Typically, the legal investigation of nonhuman life, and of animal life in particular, is conducted through the discourse of animal rights. Within this discourse, legal rights are extended to certain nonhuman animals through the same liberal framework that has afforded human rights before it. Animals, Biopolitics, Law envisions the possibility of lively legalities that move beyond the humanist perspective. Drawing on an array of expertise—from law, geography, and anthropology, thr...

Read Peter's Op-ed on Trump's Immigration Ban in The New York TimesThe rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakis...