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Unequal protection of the law : the rights of citizens and non-citizens in comparative perspective

Unequal Protection of the Law: the Rights of Citizens and Non-Citizens in Comparative Perspective, explores the disparate allocation of legal rights of persons from a comparative, global perspective. In particular, the chapters herein canvass some of the timely, hot-topic issues relative to the legal rights of persons vis-a-vis the rights of citizens, migrants, refugees, and immigrants. In conducting a comparative analysis, the chapters elucidate how various migrant, refugee, and immigrant populations are disproportionately disadvantaged under national laws as compared to citizens within the same jurisdictions. The chapters also explicate how the disparate allocation of rights under national laws raises a number of human rights law violations. Towards this endeavor, the chapters discuss which particular international laws, treaties, declarations, and/or conventions are implicated as a result of the disparate and unequal treatment of migrants, refugees, and immigrants under law. This book seeks to contribute important analyses and discussions on the current state of affairs relative to the rights of persons within the context of the rights of citizens vis-a-vis non-citizens (migrants, refugees and immigrants). In shedding light on how various migrant, immigrant and refugee populations are disproportionately disadvantaged under national laws as compared to citizens within the same jurisdictions, the chapters will raise general awareness of the differences in legal standing of people before the law. Students and scholars alike will gain exposure to timely international issues of civil rights and human rights - which can inform and guide the creation of norms relative to the rights all persons should enjoy as well as foment a greater awareness of the issue of legal rights within civil society. This book seeks to contribute scholarly discourse to the extant literature on citizenship and migration - and particularly - the interface of these two concepts. Lastly, this books aims to serve as a resource for students, scholars, practitioners, and even those with a casual interest, who seek a deeper understanding of some of the prevailing issues relative to the (dis)equal protection of laws throughout the globe. Collectively, the chapters in this book weave together a mosaic of case-studies and narratives that poignantly illustrate the disparate allocation of legal rights of persons from a comparative, global perspective. The chapters also make a strong case for why we should care about the rights of persons; about why we should care about human rights. Richard T. Middleton, IV, editor and contributor, is an Associate Professor of Political Science at the University of Missouri-St. Louis. Middleton is also an adjunct professor of law at St. Louis University School of Law where he teaches courses on immigration law and citizenship, social justice and human rights. He is also a licensed attorney who has practiced immigration law for many years.

Gakushūken to kyōiku no jiyū

A federal right to education : fundamental questions for our democracy

"'A Federal Right to Education' explores connections between education, law, and democracy"--How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

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