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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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


ISBN13: 9781107415119
Published: September 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £21.99
Hardback edition , ISBN13 9781107071117



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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.

Subjects:
Immigration, Asylum, Refugee and Nationality Law
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.