November 1, 2002
Fiat justitia et pereat mundus? (1) Diversity as a legal doctrine in immigration law has become a contradiction, not because of what occurs under the law, but because of what occurs outside the law. In legal scholarship, diversity is a project of liberal constitutionalism, with its concepts of radical egalitarianism, anti-subjugation protections, and historicism. (2) Adherence to variants of liberal constitutionalism among immigration lawyers is widespread. These shared ideologies and professional interests have encouraged a rhetorical segregation of opponents of mass immigration at the “nativist” right extreme of the political spectrum.
(3) In actuality, the core leadership of the immigration reform movement comes from the environmental movement and has tended to use ecological rather than legal concepts in public discourse. (4) In an attempt to renew dialogue between rights-oriented lawyers and limits-oriented environmentalists, I offer a working paper that highlights ecolate (5) concepts behind immigration reform advocacy. The paradigm of diversity provides a useful organizing point. Diversity has taken on a set of concentric meanings in contemporary immigration law and policy. I would suggest that … read more.
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