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Friday, October 06, 2006

Research Canons: Immigration and Naturalization Law

Our next subject matter for the research canons project is Immigration and Naturalization Law.  (See here for a discussion of the research canons project, including some newly added categories, dates, and links to previous installments.)  Please comment on the books and articles that are essential to a new academic in the field.

Posted by Matt Bodie on October 6, 2006 at 09:19 AM in Research Canons | Permalink

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For the refugee law aspect of Immigration law Guy Goodwin-Gill's _The Refugee in International Law_ is the bible. It's careful, detailed, and through and also fairly enjoyable to read.
Karen Mualo' "Irreconcilable Difference? Divorcing Refugee Protection from Human Rights Norms" (15 Mich J. Int. Law 1179 (1994)) gives a strong argument for generous readings to refugee protection provisions.

It's now slightly old but Howard Chang's article "Liberalized Immigration as Free Trade: Economic Welfare and the Optimal Immigration Policy", University of Pennsylvania Law Review Vol. 145 No. 5, May 1997 is an excellent over-view of the economic argument for liberalized immigration. For a much more clear-headed discussion of guest-worker programs than on normally sees Chang's article, "Liberal Ideals and Political reasibility: Guest-Worker Programs as Second-Best Policies" (North Carolina Journal of International Law and Commercial Regulation, vol. 27, No. 3, Spring 2002). It's very good.

On the more philosophical side, anyone wanting to understand basic normative issues in the area must read Joseph Carens, "Aliens and Citizens: The Case for Open Border". It's highly reprinted, avaliable, among other places, in Will Kymlicka's _The Rights of Minority cultures_. Also necessary for understanding the normative issues might be chapter 2 of Michael Walzer's _Spheres of Justice_, "Membership", where Walzer defends the rights of states to limit immigration on cultural grounds. To my mind the two best philosophical articles on immigration are Stephen Perry, "Immigration, Justice, and Culture", in Schwartz, ed., _Justice in Immigration_, and Joseph Heath, "Immigration and the Social Contract" from the Canadian Journal of Law and Jurisprudence.

Posted by: Matt | Oct 6, 2006 11:07:06 AM

Wonderful stuff Matt.

The Carens article, if I'm not miskaken, first appeared in The Review of Politics, 49 (Spring 1987): 25-73. And again, on the more philosophical side, I would heartily recommend Brian Barry and Robert E. Goodin, eds., Free Movement: Ethical Issues in the Transnational Migration of People and of Money. (University Park, PA: Pennsylvania State University Press, 1992). This volume includes an essay by Carens: 'Migration and Morality: A Liberal Egalitarian Perspective.'

Posted by: Patrick S. O'Donnell | Oct 6, 2006 11:57:13 AM

the Carens article above was pp. 251-273

Posted by: Patrick S. O'Donnell | Oct 6, 2006 11:58:52 AM

The Barry and Goodin volume Patrick mentions has some good stuff in it but I didn't mention it because the articles are quite uneaven to my mind and Carens' article in that volume is mostly a shorter version of "Aliens and Citizens". Still, it's a worth-while anthology for anyone interested in the area and, unlike the Scwartz volume I mentioned you can almost always find a reasonably priced copy of Barry and Goodin on amazon while the other is a part of the terribly priced Cambridge Studies in Philosophy and Law (great series but only a few volumes for less than $90.)

Posted by: Matt | Oct 6, 2006 12:16:24 PM

I'm not surprised my judgment is skewed by what I can afford! I think I mentioned the Barry and Goodin volume largely because of the provocative juxtaposition of 'people' and 'money' in this regard (although others have criticized this).

Posted by: Patrick S. O'Donnell | Oct 6, 2006 12:27:02 PM

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