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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The New Immigration Federalism

ISBN13: 9781107530867
Published: November 2015
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback
Price: £24.99

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Since 2004, the United States has seen a flurry of state and local laws dealing with unauthorized immigrants. Though initially restrictionist, these laws have recently undergone a dramatic shift toward promoting integration. How are we to make sense of this new immigration federalism? What are its causes? And what are its consequences for the federal-state balance of power?

In The New Immigration Federalism, Professors Pratheepan Gulasekaram and S. Karthick Ramakrishnan provide answers to these questions using a mix of quantitative, historical, and doctrinal legal analysis. In so doing they refute the popular 'demographic necessity' argument put forward by anti-immigrant activists and politicians. Instead, they posit that immigration federalism is rooted in a political process that connects both federal and subfederal actors: the Polarized Change Model. Their model captures not only the spread of restrictionist legislation but also its abrupt turnaround in 2012, projecting valuable insights for the future.

Other Jurisdictions , USA
1. Introduction
2. Setting the stage for the new immigration federalism
3. Rise of restrictive legislation and demographic arguments of 'vital necessity'
4. A political theory of immigration federalism: the polarized change model and restrictive issue entrepreneurs
5. A shifting tide in 2012: pro-integration activists gain the upper hand
6. Implications for legal theory on federalism and immigration law
7. Immigration federalism is here to stay

Appendix A: statistical analysis of restrictive local ordinances
Appendix B: statistical analysis of restrictive state laws
Appendix C: statistical analysis of state immigrant integration laws.