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9780813368863

Citizens, Strangers, and In-Betweens

by
  • ISBN13:

    9780813368863

  • ISBN10:

    0813368863

  • Format: Hardcover
  • Copyright: 1998-07-01
  • Publisher: Westview Pr
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Summary

Immigration is one of the critical issues of our time. In Citizens, Strangers, and In-Betweens, an integrated series of fourteen essays, Yale professor Peter Schuck analyzes the complex social forces that have been unleashed by unprecedented legal and illegal migration to the United States, forces that are reshaping American society in countless ways. Schuck first presents the demographic, political, economic, legal, and cultural contexts in which these transformations are occurring. He then shows how the courts, Congress, and the states are responding to the tensions created by recent immigration. Next, he explores the nature of American citizenship, challenging traditional ways of defining the national community and analyzing the controversial topics of citizenship for illegal alien children, the devaluation and revaluation of American citizenship, and plural citizenship. In a concluding section, Schuck focuses on four vital and explosive policy issues: immigration’s effects on the civil rights movement, the cultural differences among various American ethnic groups as revealed in their experiences as immigrants throughout the world, the protection of refugees fleeing persecution, and immigration’s effects on American society in recent years.

Author Biography

Peter H. Schuck is Simeon E. Baldwin Professor at Yale Law School. He is the author or editor of many books and articles including Citizenship Without Consent: Illegal Aliens in the American Polity (with Rogers M. Smith), Paths to Inclusion: The Integration of Migrants in the U.S. and Germany, Suing Government: Citizen Remedies for Official Wrongs, Agent Orange on Trial: Mass Toxic Disasters in the Courts, Foundations of Administrative Law, and Tort Law and the Public Interest: Competition, Innovation, and Consumer Welfare.

Table of Contents

Preface xi
Acknowledgments xvi
Credits xvii
PART 1 CONTEXTS 1(16)
The Immigration System Today
3(14)
Demographics
3(1)
Public Attitudes
4(7)
The Evolution of the Immigration Control System
11(2)
The Current Legal Admissions System
13(1)
The 1996 Legislation: Strengthening Enforcement
14(1)
The 1997 Amnesty
15(2)
PART 2 THE COURTS AND IMMIGRATION 17(72)
The Transformation of Immigration Law
19(63)
The Classical Conception of Immigration Law
22(17)
Pressures for Change
39(15)
The Communitarian Conception of Immigration Law
54(13)
The Future of Immigration Law
67(15)
Conclusion
81(1)
Continuity and Change in the Courts: 1979--1990
82(7)
Summary of Major Findings
85(1)
Conclusion
86(3)
PART 3 THE POLITICS OF IMMIGRATION 89(72)
The Politics of Rapid Legal Change: Immigration Policy, 1980--1990
91(48)
Introduction
91(5)
Periodizing Immigration Reform: The 1980s
96(4)
External Events
100(2)
Political Entrepreneurship
102(8)
The Changing Balance of Interests
110(18)
Ideas
128(11)
Conclusion
137(2)
Reform Continues: 1990--1998
139(10)
The Message of Proposition 187: Facing Up to Illegal Immigration
149(12)
Justice Brennan's Legacy
149(2)
Why the Court May Turn
151(3)
What Voters Were Saying
154(3)
Do Outsiders Have Claims on America?
157(2)
Elusive Candor
159(2)
PART 4 CITIZENSHIP AND COMMUNITY 161(88)
The Devaluation of American Citizenship
163(13)
The Equality Principle
164(3)
The Due Process Principle
167(1)
The Consent Principle
168(3)
An Evaluation of Devaluation
171(5)
The Reevaluation of American Citizenship
176(31)
Citizenship in the International Domain
179(5)
Citizenship in the Domestic Domain
184(9)
Citizenship in the Federal System
193(9)
A Brief Note on ``Post-National Citizenship''
202(5)
Conclusion
205(2)
Consensual Citizenship
207(10)
Plural Citizenships
217(32)
The Contemporary Debate and Context
220(4)
Some Policy-Relevant Distinctions
224(5)
An Assessment of Dual Citizenship
229(13)
Possible Reforms
242(7)
PART 5 CURRENT POLICY DEBATES 249(110)
The New Immigration and the Old Civil Rights
251(13)
Demographic Changes
253(1)
Legal Changes
254(1)
Socioeconomic Changes
255(2)
Ideological Changes
257(4)
Political Changes
261(1)
Reappraising the Agenda
262(2)
Perpetual Motion: Migrations and Cultures
264(18)
The Analytic Project
265(3)
The Question of Culture
268(3)
The Selectivity and Diversity of Migration
271(2)
Discrimination and Immigrant Success
273(3)
Immigrants in Politics and Markets
276(2)
Immigrant Assimilation
278(1)
The Future of Immigration Policy
279(3)
Refugee Burden-Sharing: A Modest Proposal
282(44)
The Current Regime for Protecting Refugees
287(3)
The Comprehensive Plan of Action
290(3)
Four Remedial Strategies
293(8)
The Proposal: Proportional Burden-Sharing
301(17)
A Response to (Anticipated) Critics
318(8)
Conclusion
325(1)
Alien Rumination: What Immigrants Have Wrought in America
326(33)
Demography
329(6)
Carrying Capacity
335(2)
Economic Impacts
337(4)
Cultural Assimilation
341(5)
Politics
346(13)
Conclusion
354(5)
Notes 359(101)
Bibliography 460(3)
Index 463

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