Keeping Up with the Issues: Immigration

Presidential candidate, Julian Castro, just released a comprehensive immigration reform plan which would repeal the provision of US law that makes “illegal entry” into the US a federal crime. Under Castro’s plan, an immigrant who crossed the border would be detained briefly by Border Patrol and, if no red flags are raised, released pending an immigration hearing. Instead of a crime, being in the US without legal status would be considered a civil offense for which the penalty is deportation. Thus, if an immigrant does not qualify for asylum or another form of legal status, they would still be deported. See Dara Lind, Julián Castro wants to radically restrict immigration enforcement, Vox (Apr 2, 2019) https://www.vox.com/2019/4/2/18291584/2020-immigration-democrats-policy-castro-abolish-ice

“Illegal entry” into the US has been a crime since 1929 under Chapter 8, Section 1325 of the US Code, but only in the last 20 or so years has this provision been routinely enforced.   To learn more about US law and policy regarding immigration and border control, take a look at these resources:

U.S. Immigration and Naturalization Laws and Issues: A Documentary History (Michael C LeMay & Elliott Robert Barkan, eds., 1999)

This book compiles 100s of primary documents including court cases and opinion pieces that illuminate the controversies surrounding immigration and nationalization policies throughout US history. The book includes explanatory introductions to assist the reader in understanding the significance of each document.

Margaret S. Orchowski, The Law that Changed the Face of America : the Immigration and Nationality Act of 1965 (2015)

Margaret Orchowski, a journalist and immigration expert, examines how immigration laws have changed over the course of US history into the 21st century in light of globalization, changes in technology, terrorism, the recession and changing attitudes and expectations among younger generations. She also explores the roles that different branches of government and competing interests play in influencing immigration policy.

Ira J. Kurzban et al., Kurzban’s Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool (16th ed. 2018)

Kurzban’s Immigration Law Sourcebook is intended to be a quick reference tool for practitioners and students that includes federal and administrative cases, regulations, statutes, and agency rulings.

Lucy E. Salyer, Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (1995)

This book examines the debates surrounding judicial enforcement of the Chinese exclusion laws as well as administrative power and reform of the Bureau of Immigration during a period of heightened nativism in the early 20th century.

Kevin R Johnson & Bernard Trujillo, Immigration Law and the US-Mexico Border: Sí Se Puede (2011)

Johnson and Trujillo review the history of Mexico – US migration patterns, the discrimination against US citizens of Mexican ancestry and policy debates over “illegal” aliens. Their discussion encompasses US immigration law and policy, the migration of labor, state and local regulation, and the contributions of Mexican immigrants to the US economy.

David Brotherton & Philip Kretsedemas, Immigration Policy in the Age of Punishment: Detention, Deportation, and Border Control (2017)

Immigration Policy in the Age of Punishment is an interdisciplinary exploration of immigration policies in America, Canada, and Europe during the Obama and Trump eras, within the context of what the authors refer to as a decades-long “age of punishment.” This book looks at deportations and border enforcement, national policy and jurisprudence, and the prison-to-deportation pipeline in its discussions of immigration laws and their enforcement.

Constructing Immigrant “Illegality”: Critiques, Experiences, and Responses (Cecilia Menjívar & Daniel Kanstroom, eds. 2014)

Constructing Immigrant “Illegality” is a collection of essays from the fields of anthropology, law, political science, religious studies, and sociology that explore the concept of immigrant “illegality,” how immigration law shapes immigrant illegality and how “illegality” takes effect in the lives of immigrants. The essays also examine power structures associated with the concept of illegality.

Immigration Stories (David A. Martin & Peter H. Schuck, eds. 2005)

This book tells the stories of 13 canonical immigration cases to illustrate how immigration law is made.

Disinformation Campaigns & Democracy

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As you have undoubtedly read, Special Counsel Robert Mueller’s investigation did not establish that members of the Trump Campaign coordinated or colluded with the Russian government in its election interference activities.   What the investigation did establish was that the Russian government interfered in the 2016 Presidential election.  The report described Russia’s two prong approach to election interference: spreading disinformation through social media; and hacking into computers to gather and to disseminate information to influence the election.   If you are interested in learning more about disinformation campaigns and their influence on society, the library has several resources for you. Listed below are a few of those titles.

Robert N. Spicer, Free Speech & False Speech: Political Deception & It’s Legal Limits (or Lack Thereof) (2018).

This book examines the history of the legal discourse around political falsehood and its future in the wake of the 2012 US Supreme Court decision in United States v. Alvarez through communication law, political philosophy, and communication theory perspectives. As United States v. Alvarez confirmed First Amendment protection for lies, Robert N. Spicer addresses how the ramifications of that decision function by looking at statutory and judicial handling of First Amendment protection for political deception. Illustrating how commercial speech is regulated but political speech is not, Spicer evaluates the role of deception in politics and its consequences for democracy in a contemporary political environment where political personalities, partisan media, and dark money donors bend the truth and abuse the virtue of free expression

Authoritarianism Goes Global: The Challenge to Democracy (Larry Diamond et al. eds., 2016).

Over the past decade, illiberal powers have become emboldened and gained influence within the global arena. Leading authoritarian countries—including China, Iran, Russia, Saudi Arabia, and Venezuela—have developed new tools and strategies to contain the spread of democracy and challenge the liberal international political order. Meanwhile, the advanced democracies have retreated, failing to respond to the threat posed by the authoritarians.

As undemocratic regimes become more assertive, they are working together to repress civil society while tightening their grip on cyberspace and expanding their reach in international media. These political changes have fostered the emergence of new counter-norms—such as the authoritarian subversion of credible election monitoring—that threaten to further erode the global standing of liberal democracy.

In Authoritarianism Goes Global, a distinguished group of contributors present fresh insights on the complicated issues surrounding the authoritarian resurgence and the implications of these systemic shifts for the international order. This collection of essays is critical for advancing our understanding of the emerging challenges to democratic development.

Jukka Rislakki, The Case for Latvia. Disinformation Campaigns Against a Small Nation: Fourteen Hard Questions and Straight Answers about a Baltic Country (2014).

Finnish journalist and author Jukka Rislakki examines charges spread by Russian media and provides an outline of Latvia’s recent history while attempting to separate documented historical fact from misinformation and deliberate disinformation. His analysis helps to explain why the Baltic States (population 7 million) consistently top the enemy lists in public opinion polls of Russia (143 million). His knowledge of the Baltic languages allows him to make use of local sources and up-to-date historical research. He is a former Baltic States correspondent for Finland’s largest daily newspaper, Helsingin Sanomat, and the author of several books on Finnish and Latvian history. As a neutral, experienced and often critical observer, Rislakki is uniquely qualified for the task of separating truth from fiction.

Paul Todd, Jonathan Bloch & Patrick Fitzgerald, Spies, Lies, and the War on Terror (2009).

This book traces the transformation of intelligence from a tool for law enforcement to a means of avoiding the law–both national and international. The “War on Terror” has seen intelligence agencies emerge as major political players. “Rendition,” untrammeled surveillance, torture and detention without trial are becoming normal. The new culture of victimhood in the US and among partners in the “coalition of the willing” has crushed domestic liberties and formed a global network of extra-legal license. State and corporate interests are increasingly fused in the new business of privatizing fear. The authors argue that the bureaucracy and narrow political goals surrounding intelligence actually have the potential to increase the terrorist threat.

Robert B. Laughlin, The Crime of Reason: And the Closing of the Scientific Mind (2008).

According to Nobel Laureate Robert Laughlin, acquiring information is becoming a danger or even a crime. Increasingly, the really valuable information is private property or a state secret, with the result that it is now easy for a flash of insight, entirely innocently, to infringe a patent or threaten national security. The public pays little attention because this vital information is “technical”—but, Laughlin argues, information is often labeled technical so it can be sequestered, not sequestered because it’s technical. The increasing restrictions on information in such fields as cryptography, biotechnology, and computer software design are creating a new Dark Age: a time characterized not by light and truth but by disinformation and ignorance. Thus, we find ourselves dealing more and more with the Crime of Reason, the antisocial and sometimes outright illegal nature of certain intellectual activities.

Climate Change in the Courts

A recent ruling by a court in Australia is garnering international attention for considering the impact on climate change as a factor in its dismissal of an appeal by a coal mining company against a decision denying its application to establish an open-cut coal mine.

The decision, Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7, referred specifically to the impact that increased greenhouse gas emissions (GHG) would have on climate change, noting that “the GHG emissions of the coal mine and its coal product will increase global total concentrations of GHGs at a time when what is now urgently needed, in order to meet generally agreed climate targets, is a rapid and deep decrease in GHG emissions. These dire consequences should be avoided.” Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7, para. 699.

While the impact of GHG emissions on climate change was not the sole factor relied upon by the court in issuing its decision, the inclusion of GHGs’ impact is noteworthy. In an article on Bloomberg, Martijn Wilder, an environmental lawyer at Baker McKenzie, noted that this was “one of the first times a mine has been rejected on climate grounds.” James Thornhill, Coal Developers Take Note: Climate Change Killed This Coal Mine, Bloomberg (Feb. 8, 2019), https://www.bloomberg.com/news/articles/2019-02-08/coal-developers-take-note-climate-change-killed-this-coal-mine.

David Morris, the chief executive of the Environmental Defenders Office which had joined the case noted that while this is a “case-specific” judgment that will not be binding on future decisions, “it will weigh heavily on the minds of decision makers [who assess fossil fuel projects]”. Michael McGowan and Lisa Cox, Court rules out Hunter Valley coalmine on climate change grounds, The Guardian (Feb. 7, 2019), https://www.theguardian.com/australia-news/2019/feb/08/court-rules-out-hunter-valley-coalmine-climate-change-rocky-hill.

Judge Preston, who authored the decision, also notably rejected the “market substitution” assumption, an argument that was rejected by the 10th Circuit as irrational in WildEarth Guardians v. US Bureau of Land Management, 870 F.3d 1222 (10th Cir., 2017). The market substitution assumption is an assumption that approving the proponent’s coal leases “would not result in higher national GHG emissions than… declining to issue the leases because the same amount of coal would be sourced from elsewhere even if the leases were not issued.” Gloucester Resources Limited at para. 542. Judge Preston noted that

“[There is a] logical flaw in the market substitution assumption. If a development will cause an environmental impact that is found to be unacceptable, the environmental impact does not become acceptable because a hypothetical and uncertain alternative development might also cause the same unacceptable environmental impact.” Id. at para. 545.

For more on climate change litigation, see Alice Venn, Courts can play a pivotal role in combating climate change, The Conversation, (Oct. 12, 2018), https://theconversation.com/courts-can-play-a-pivotal-role-in-combating-climate-change-104727 and check out the following:

Sophie Marjanac, Lindene Patton, Extreme Weather Event Attribution Science and Climate Change Litigation: An Essential Step in the Causal Chain?, 36 J. Energy & Nat. Resources L. 265 (2018).

Marc Zemel, The Rise of Rights-Based Climate Litigation and Germany’s Susceptibility to Suit, 29 Fordham Envtl. L. Rev. 484 (2018).

Daniel Bodansky, Jutta Brunnée and Lavanya Rajamani, International Climate Change Law (Oxford Univ. Press, 2017).

Need help with your seminar paper?

Recently, Prof. Fajans and Librarian Kathy Darvil ran their semi-annual workshop on how to research and write a seminar paper.  Topics covered included sources for selecting your topic, sources for researching your topic, and how to effectively organize and write your paper.  If you were unable to attend the workshop, you can access an online research guide which contains a recording of the workshop, links to and descriptions of all the research sources discussed, and the writing and research presentations.  The online guide is available at guides.brooklaw.edu/seminarpaper.  From the guide’s landing page, you will be able to access a recording of this year’s presentation, Professor Fajans’ slideshow on how to write your seminar paper, and Kathy Darvil’s online presentation on how to research your seminar paper.  If you should need further help selecting or researching your topic, please stop by the reference desk for assistance. 

Government Shutdown Resources: CRS Reports

The Congressional Research Service (CRS) is a non-partisan agency within the Library of Congress that provides confidential and authoritative analysis on policy issues for Members of Congress and their staff.  The CRS has a staff of about 600 employees including policy analysts, economists, scientists, lawyers, and librarians.  Following the passage of the Consolidated Appropriations Act of 2018, CRS reports have been made publicly available. Currently, the official public website provides access to the in-depth “R-series” reports though the full inventory is not slated for full migration to the website until spring 2019, and there is no specified timeline for access to the agency’s shorter written products (Insight, In Focus, Legal Sidebar, etc.).  Some publications in the R-series, as well as in the other CRS product series, can also be found on non-official sites including Every CRS Report, and the Federation of American Scientists (FAS) CRS Portal.

crsreports.congress.gov

As the government shutdown continues to drag on, CRS reports can provide valuable analysis and insight. Some relevant reports include:

Economic Effects of the FY2019 Government Shutdown (January 2019) This CRS Insight, written by an Macroeconomic Policy Specialist,  provides a brief analysis of the potential economic effects of the current FY2019 shutdown.

How a Government Shutdown Affects Government Contracts (January 2019) Written by a legislative attorney, this CRS Legal Sidebar examines “possible effects that a government shutdown could have on new and existing federal contracts.”

Past Government Shutdowns: Key Resources (updated January 2019). The report provides an “annotated list of historical documents and other resources related to several past government shutdowns. Sources for these documents and resources include the Congressional Research Service (CRS), Government Accountability Office (GAO), House and Senate Committees, Office of Management and Budget (OMB), Office of Personnel Management (OPM), and Executive Office of the President.”

Shutdown of the Federal Government: Causes, Processes, and Effect  (updated December 2018) This in-depth report covers “causes of shutdowns, including the legal framework under which they may occur; processes related to how agencies may plan for the contingency of a shutdown; effects of shutdowns, focusing especially on federal personnel and government operations; and issues related to shutdowns that may be of interest to Congress.” In case you were wondering, because of their responsibilities under the Constitution and a permanent appropriation covering congressional pay, “Members of Congress are not subject to furlough.”

Federal Funding Gaps: A Brief Overview  (updated March 2018)  Provides an overview and analysis of federal funding gaps, which is not synonymous with a government shutdown. “The interval during the fiscal year when appropriations for a particular project or activity are not enacted into law, either in the form of a regular appropriations act or a continuing resolution (CR), is referred to as a funding gap. Although funding gaps may occur at the start of the fiscal year, they may also occur any time a CR expires and another CR (or the regular appropriations bill) is not enacted immediately thereafter. Multiple funding gaps may occur within a fiscal year.”

New Copier on Library 1st Floor

You asked, we listened!

A few months ago, the SBA told library representatives that students often encountered issues with the older copiers on the ground floor. Good news: the library now has a new copier that replaces the older equipment in the alcove near the reference desk.

The new copier copies, scans, prints, and you can readily email your scanned documents or save them to your USB device. Unlike its departed brethren, large stacks of paper will not derail it so copy and scan away! Thank you to the SBA for bringing this issue to our attention. Thanks also to Yves and Sunil, the library computer staff, who worked hard over the weekend to ensure everything is working properly.

By the way, we were thinking of naming the new copier. Any suggestions? For now, we’re calling it the anti-Bob Marley, since it’s not jamming.

The anti-Bob Marley

Welcome Back! A Few Resources to Help You This Spring

As you begin your Spring 2019 classes, keep in mind all of the resources available to you while you are a student at BLS:

Developing and Researching a Paper Topic:

Research Guides: If you are researching a particular subject area and don’t know where to start, or if you are trying to come up with a paper topic, check out the BLS Research Guides at http://guides.brooklaw.edu/. These guides cover a wide variety of topics such as EU Legal Research, Federal Securities Law, NY Civil Practice, and many others.

Finding Journal Articles and Cite Checking:

HeinOnline: Westlaw and Lexis have an excellent collection of journal articles. But especially if you are cite checking for a journal, you should also check out HeinOnline (https://www.heinonline.org/HOL/Welcome) which posts PDF versions of journal articles so you can view them exactly as they appear in the print copies.

Foreign and International Legal Resources:

HeinOnline: If you are researching foreign and international law, once again HeinOnline may be a great resource for you. HeinOnline has several databases devoted to foreign and international law including the Foreign and International Law Resources Database, United Nations Law Collection, and World Treaty Library.

Justis:  If you need to find caselaw or legislation from the UK, Ireland or EU, check out Justis, an online library of UK, Irish, EU, and international caselaw and legislation.

For more foreign and international legal resources check out the International and Foreign Law Databases in the A-Z database guide.

Corporate, Securities, Bankruptcy, Tax:

Bloomberg Law Practice Centers: Bloomberg Law is an excellent source for news and updates in specific practice areas such as corporate law, securities, tax, and bankruptcy. To access these resources, log into Bloomberg Law and click on the “Browse” icon on the upper left corner. Then click on “Practice Centers” on the left and choose the area of law you want to research.

If you don’t have a Bloomberg Law account, you can set one up by going to https://www.bloomberglaw.com/activate.

Westlaw and Lexis also have a wealth of information including cases, statutes, regulations, and secondary materials organized by practice area. On Westlaw, click on the “Practice Areas” tab on the homepage, and on Lexis, click on the “Practice Area or Industry” tab on the homepage. There you will find several areas of law such as Tax, Copyright, or Immigration which if you click on will bring you to primary and secondary source materials including statutes, regulations, caselaw, practice guides, and treatises for that topic.

And for your other research needs….

Check out the library’s A-Z Research Guide for a list of all of the databases available at BLS organized by subject area. And don’t forget about OneSearch (for searching articles and materials across all databases), SARA (for searching books & e-books), and Find A Source (for finding out whether BLS has access to specific journal titles).

Lastly, whenever you’re stuck, contact a librarian! Come find us at the reference desk or email askthelibrary@brooklaw.edu or use the “chat” feature on the library homepage.

Good luck!!!

Library Oodi

The model held in her hand a single red rose.  When the photographer was setting up between shots, she smiled awkwardly at the passersby.  But most people in the vicinity were too wrapped up in what they were doing to gawk.  Students stared blankly at their textbooks with their headphones on.  A couple chatted as they looked out the glass walls toward the Parliament House.  Two women lounged on a beanbag, playing with an infant.  Library staff flitted around in grey vests, shelving books and answering patron questions.  A young girl bounced in her comfortable chair as she flipped through a picture book. 

Many were visiting Oodi for the first time as Helsinki’s new central library had been open to the public for less than two weeks.  They admired the design features that made for a welcoming space: the sloping floor that allowed for intervisibility from end to end of the third floor, the variety of chairs and couches, the lighted bookshelves.  There was a constant flow of patrons up and down the spiral staircase featuring 381 painted words chosen from a selection suggested by the public (a criminal lawyer might appreciate syyttömille.) Nourishment was available at the first floor restaurant, and the café nestled among the books on the third floor was very popular as patrons warmed up with a cup of coffee on a cold December day.  If anyone had come to borrow power tools, it wasn’t apparent.

Study Room Reservations & Library Hours: Fall 2018 Reading/Exam Period

The Fall 2018 reading and exam period starts Thursday, December 6, 2018.  During this period, you must make a reservation to use a library study room. All of the study rooms will be locked; please go to the first floor circulation desk when your reservation time begins to charge out the key to the room. Kindly return the key to the circulation desk when your reservation expires, so the next student can charge out the key.

The link for study room reservations can be found on the library homepage under Related Links. (Please note that the slots for 12 am- 2 am appear on the next day’s calendar.)

Study Room Policies

  • Study rooms are for the use of groups of two or more students.
  • Study rooms may be reserved for the current day and three days ahead.
  • Study room reservations may be made in 30-minute time slots; the time slots must be contiguous.
  • Students may book up to 8 contiguous time slots per day for a total of 4 hours per user per day.

Library Hours for the Reading/Exam Period 

December 6, 2018 (Thurs.) –  December 20, 2018 (Thurs): 8:00 AM to 2:00 AM

(Circulation Desk closes at 12 midnight on these dates.)

December 21, 2018 (Friday): 9:00 AM – 5:00 PM

Good luck with studying and on your exams!

Westlaw Edge Coming to BLS

As of January 1, 2019, BLS Students will have access to a new version of Westlaw – Westlaw Edge.  In addition to a new look, Westlaw Edge will offer users:

  • An enhanced, AI-powered version of the KeyCite citator providing new warnings about cases may no longer be good law.
  • WestSearch Plus, an AI-driven legal research tool designed to aid students in discovering answers to specific legal questions.
  • Integrated litigation analytics, providing detailed docket analytics covering judges, courts, attorneys and law firms, for both federal and state courts.
  • Statutes Compare, a tool that allows students to compare changes to statutes.

Stop by the reference desk and the reference librarians would be happy to give you a quick tutorial on how to use these new features on Westlaw Edge.