Download or read book Illegality Inc written by Ruben Andersson and published by Univ of California Press. This book was released on 2014-08-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking ethnography, Ruben Andersson, a gifted anthropologist and journalist, travels along the clandestine migration trail from Senegal and Mali to the Spanish North African enclaves of Ceuta and Melilla. Through the voices of his informants, Andersson explores, viscerally and emphatically, how Europe’s increasingly powerful border regime meets and interacts with its target–the clandestine migrant. This vivid, rich work examines the subterranean migration flow from Africa to Europe, and shifts the focus from the "illegal immigrants" themselves to the vast industry built around their movements. This fascinating and accessible book is a must-read for anyone interested in the politics of international migration and the changing texture of global culture.

Download or read book Constructing Immigrant Illegality written by Cecilia Menjívar and published by Cambridge University Press. This book was released on 2014 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines how immigration law shapes immigrant illegality, the concept of immigrant illegality, and how its power is wielded and resisted.

Download or read book The Illegality Defence written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2009 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Consultation Paper gives provisional recommendations on whether a claimant who has been involved in illegal conduct should be entitled to enforce a claim in contract, unjust enrichment, trusts and tort. It follows earlier consultation papers on illegality in contacts and trusts (LCCP 154, 1999, 9780117302396) and the illegality defence in tort (LCCP 160, 2001, ISBN 9780117302457). How should the law respond if a claimant has been involved in some form of illegal conduct? Should this prevent the claimant winning his or her claim? It is difficult to set out hard and fast rules as the illegality defence may be used against claimants in such a wide variety of contexts. The courts have attempted to lay down a series of rules to apply in different circumstances. The result is a body of law which is uncertain and sometimes arbitrary, occasionally producing results which may appear unduly harsh or not harsh enough. The Commission believes that, in most areas of the law, it is up to the courts to develop clear, fair law, based on a set of policy rationales. Judges should base their decisions directly on the policies that underlie the illegality defence and explain their reasoning accordingly. The Commission makes proposals on what those policies should be. There is one area in which the Commission does not think that judicial clarification is possible: where a trust has been set up to hide true ownership for criminal purposes. The Commission feels that statutory reform is needed here, and is in the process of preparing a draft Bill which will be presented with the final report later this year.

Download or read book Illegality Inc written by Ruben Andersson and published by Univ of California Press. This book was released on 2014-08-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking ethnography, Ruben Andersson, a gifted anthropologist and journalist, travels along the clandestine migration trail from Senegal and Mali to the Spanish North African enclaves of Ceuta and Melilla. Through the voices of his informants, Andersson explores, viscerally and emphatically, how Europe’s increasingly powerful border regime meets and interacts with its target–the clandestine migrant. This vivid, rich work examines the subterranean migration flow from Africa to Europe, and shifts the focus from the “illegal immigrants” themselves to the vast industry built around their movements. This fascinating and accessible book is a must-read for anyone interested in the politics of international migration and the changing texture of global culture.

Download or read book Negligence and Illegality written by Sharon Erbacher and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.

Download or read book Intimacy in Illegality written by Flaminia Bartolini and published by transcript Verlag. This book was released on 2021-01-31 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do migrant women living in illegality build intimate relationships? How do they experience, resist or take advantage of the tight link between intimacy and migration status created by the German migration legislation? Drawing on rich biographical accounts and ethnographic methods, the book offers an insightful and sensitive look at a mostly unknown aspect of life in illegality. Adopting a critical feminist perspective, Flaminia Bartolini shows how intimacy should be understood in its intrinsic power dimension and looks critically at the German migration regime and on its effects on migrants' lives.

Download or read book Working the Boundaries written by Nicholas De Genova and published by Duke University Press. This book was released on 2005-10-18 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: While Chicago has the second-largest Mexican population among U.S. cities, relatively little ethnographic attention has focused on its Mexican community. This much-needed ethnography of Mexicans living and working in Chicago examines processes of racialization, labor subordination, and class formation; the politics of nativism; and the structures of citizenship and immigration law. Nicholas De Genova develops a theory of “Mexican Chicago” as a transnational social and geographic space that joins Chicago to innumerable communities throughout Mexico. “Mexican Chicago” is a powerful analytical tool, a challenge to the way that social scientists have thought about immigration and pluralism in the United States, and the basis for a wide-ranging critique of U.S. notions of race, national identity, and citizenship. De Genova worked for two and a half years as a teacher of English in ten industrial workplaces (primarily metal-fabricating factories) throughout Chicago and its suburbs. In Working the Boundaries he draws on fieldwork conducted in these factories, in community centers, and in the homes and neighborhoods of Mexican migrants. He describes how the meaning of “Mexican” is refigured and racialized in relation to a U.S. social order dominated by a black-white binary. Delving into immigration law, he contends that immigration policies have worked over time to produce Mexicans as the U.S. nation-state’s iconic “illegal aliens.” He explains how the constant threat of deportation is used to keep Mexican workers in line. Working the Boundaries is a major contribution to theories of race and transnationalism and a scathing indictment of U.S. labor and citizenship policies.

Download or read book Illegality in Marine Insurance Law written by Feng Wang and published by CRC Press. This book was released on 2016-09-13 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.

Download or read book Illegality after Patel v Mirza written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.

Download or read book Competence Competence in the Face of Illegality in Contracts and Arbitration Agreements written by Richard H. Kreindler and published by BRILL. This book was released on 2013-08-16 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties’ conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.

Download or read book The State and Illegality in Indonesia written by E. Aspinall and published by BRILL. This book was released on 2011-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The popular 1998 reformasi movement that brought down President Suharto’s regime demanded an end to illegal practices by state officials, from human rights abuse to nepotistic investments. Yet today, such practices have proven more resistant to reform than people had hoped. Many have said corruption in Indonesia is "entrenched". We argue it is precisely this entrenched character that requires attention. What is state illegality entrenched in and how does it become entrenched? This involves studying actual cases. Our observations led us to rethink fundamental ideas about the nature of the state in Indonesia, especially regarding its socially embedded character. We conclude that illegal practices by state officials are not just aberrations to the state, they are the state. Almost invariably, illegality occurs as part of collective, patterned, organized and collaborative acts, linked to the competition for political power and access to state resources. While obviously excluding many without connections, corrupt behaviour also plays integrative and stabilizing functions. Especially at the lower end of the social ladder, it gets a lot of things done and is often considered legitimate. This book may be read as a defence of area studies approaches. Without the insights that grew from applying our area studies skills, we would still be constrained by highly stylised notions of the state, which bear little resemblance to the state’s actual workings. The struggle against corruption is a long-term political process. Instead of trying to depoliticize it, we believe the key to progress is greater popular participation. With contributions from Simon Butt, Robert Cribb, Howard Dick, Michele Ford, Jun Honna, Tim Lindsey, Lenore Lyons, John McCarthy, Ross McLeod, Marcus Mietzner, Jeremy Mulholland, Gerben Nooteboom, J Danang Widoyoko and Ian Wilson. This book is the result of a series of workshops supported, among others, by the Australian-Netherlands Research Collaboration (ANRC).

Download or read book Illegally Staying in the EU written by Benedita Menezes Queiroz and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes. Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

Download or read book They Leave Their Kidneys in the Fields written by Sarah Horton and published by Univ of California Press. This book was released on 2016-07-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: "They Leave Their Kidneys in the Fields takes the reader on an ethnographic tour of the melon and corn harvesting fields in California's Central Valley to understand why farmworkers die at work each summer. Laden with captivating detail of farmworkers' daily work and home lives, Horton examines how U.S. immigration policy and the historic exclusion of farmworkers from the promises of liberalism has made migrant farmworkers what she calls 'exceptional workers.' She explores the deeply intertwined political, legal, and social factors that place Latino migrants at particular risk of illness and injury in the fields, as well as the patchwork of health care, disability, and Social Security policies that provide them little succor when they become sick or grow old. The book takes an in-depth look at the work risks faced by migrants at all stages of life: as teens, in their middle-age, and ultimately as elderly workers. By following the lives of a core group of farmworkers over nearly a decade, Horton provides a searing portrait of how their precarious immigration and work statuses culminate in preventable morbidity and premature death"--Provided by publisher.

Download or read book Gober s Georgia Form Book and Procedure written by George Fletcher Gober and published by . This book was released on 1917 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Illegality After Patel V Mirza written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-based" approach by a "factors-based" one, were first presented at a conference in May 2017."

Download or read book Fruteros written by Rocío Rosales and published by University of California Press. This book was released on 2020-05-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the social worlds of young Latino street vendors as they navigate the complexities of local and federal laws prohibiting both their presence and their work on street corners. Known as fruteros, they sell fruit salads out of pushcarts throughout Los Angeles and are part of the urban landscape. Drawing on six years of fieldwork, Rocío Rosales offers a compelling portrait of their day-to-day struggles. In the process, she examines how their paisano (hometown compatriot) social networks both help and exploit them. Much of the work on newly arrived Latino immigrants focuses on the ways in which their social networks allow them to survive. Rosales argues that this understanding of ethnic community simplifies the complicated ways in which social networks and social capital work. Fruteros sheds light on those complexities and offers the concept of the “ethnic cage” to explain both the promise and pain of community.

Download or read book Illegal Encounters written by Deborah A. Boehm and published by NYU Press. This book was released on 2019-02-19 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of the U.S. immigration and legal systems on children and youth In the United States, millions of children are undocumented migrants or have family members who came to the country without authorization. The unique challenges with which these children and youth must cope demand special attention. Illegal Encounters considers illegality, deportability, and deportation in the lives of young people—those who migrate as well as those who are affected by the migration of others. A primary focus of the volume is to understand how children and youth encounter, move through, or are outside of a range of legal processes, including border enforcement, immigration detention, federal custody, courts, and state processes of categorization. Even if young people do not directly interact with state immigration systems—because they are U.S. citizens or have avoided detention—they are nonetheless deeply affected by the reach of the government in its many forms. Contributors privilege the voices and everyday experiences of immigrant children and youth themselves. By combining different perspectives from advocates, service providers, attorneys, researchers, and young immigrants, the volume presents rich accounts that can contribute to informed debates and policy reforms. Illegal Encounters sheds light on the unique ways in which policies, laws, and legal categories shape so much of daily life for young immigrants. The book makes visible the burdens, hopes, and potential of a population of young people and their families who have been largely hidden from public view and are currently under siege, following their movement through complicated immigration systems and institutions in the United States.