Contesting Immigration Policy in Court: Legal Activism and its Radiating Effects in the United States and France

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Contesting Immigration Policy in Court: Legal Activism and its Radiating Effects in the United States and France

By Leila Kawa
Cambridge University Press September 2016

Specifications

ISBN-13
9781107415119
Publisher
Cambridge University Press
Publication
September 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Hardback

Details

What difference does law make in immigration policymaking? Since the 1970s, networks of progressive attorneys in both the US and France have attempted to use litigation to assert rights for non-citizens. Yet judicial engagement - while numerically voluminous - remains doctrinally curtailed.

This study offers new insights into the constitutive role of law in immigration policymaking by focusing on the legal frames, narratives, and performances forged through action in court. Challenging the conventional wisdom that 'cause litigation' has little long term impact on policymaking unless it produces broad rights-protective principles, this book shows that legal contestation can have important radiating effects on policy by reshaping how political actors approach immigration issues.

Based on extensive fieldwork in the United States and France, this book explores the paths by which litigation has effected policy change in two paradigmatically different national contexts.

Table of Contents

1. What difference does law make in immigration policymaking?
2. A new area of legal practice
3. Formalization of immigrant rights
4. Institutionalizing legal innovation
5. Enacting adversarial legalism through class action lawsuits
6. Performing legality before the Conseil d'Etat
7. Conclusion: legal activism and its radiating effects.
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