How Their Laws Affect our Laws: Mechanisms of Immigration Policy Diffusion in the Americas, 1790–2010

Why do laws become similar across countries? Is the adoption of similar laws and policies due to factors operating independently within each country? Do countries develop similar rules in response to similar challenges? Or is the similarity of laws and policies due to the interdependent responses that scholars have referred to as processes of policy convergence, transfer, and diffusion? We draw on an analysis of immigration and nationality laws of 22 countries throughout the Western Hemisphere from 1790 to 2010, and of seven case studies of national and international policymaking, to show that policies are often interdependent, even in the domain of immigration law, which scholars have presumed to be relatively immune to external influence. We argue that specific mechanisms of diffusion explain the rise of racist immigration policies in the Americas, their subsequent decline, and the rise of an anti‐discriminatory norm for policies. Most striking among our findings is that at key junctures after 1940, weaker countries effectively advanced an anti‐discriminatory policy agenda against the desires of world powers. We identify the conditions under which weaker countries were able to reach their goals despite opposition from world powers.     

Immigration,Association, and the Family

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why it ought to have a privileged place in our discussion of the topic. I further show why this style of argument neither allows states to limit nearly all immigration nor requires them to have almost no limits on immigration. I conclude by showing that all states must allow some degree of family-based immigration, and that this is a duty owed not to ‘outsiders’ seeking to enter, but rather to current citizens.     

Reunification Family Therapy: A Treatment Manual,by Jan Faust,Hogrefe Publishing (2017)

Jan Faust's (2017) book entitled Reunification Family Therapy: A Treatment Manual, is a well‐organized, evidence‐based resource for clinicians who intervene in one of the most challenging and complex problems in high conflict shared custody‐parent‐child contact problems. She provides a comprehensive conceptual framework for this work, which is grounded in Family Systems, and details more specific interventions that address individual, relationship and larger system issues. The addenda contain useful tools and resources to structure treatment, including a 14‐session Fundamental Treatment Plan.     

The Adoption and Safe Families Act: Proposing a “Best Efforts” Standard to Eliminate the Ultimate Obstacle for Family Reunification

The Adoption and Safe Families Act of 1997 (ASFA) was enacted in an attempt to expedite the child's permanency plan by pushing for adoption of children in foster care. The ASFA requires the U.S. Department of Health to make reasonable efforts to reunify and preserve existing families while rewarding the states for increased adoption of foster care children. The ASFA was enacted to ensure the best interests of the child are to remain paramount, but in practice, the ASFA is furthering the best interests of the state. This Note proposes amendment of the ASFA to increase the obligation of the Department of Social Services (DSS) to make its best efforts to preserve and reunify the existing family unit, while also imposing a penalty if the DSS fails to do so.     

Family Reunification Rights of (Migrant) Union Citizens: Towards a More Liberal Approach

Over the years, in the case‐law of the European Court of Justice (ECJ) determining the availability of family reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a ‘moderate approach’ in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more ‘liberal approach’ in cases such as Carpenter (2002) and Jia (2007). Under the Court's ‘moderate approach’, family reunification rights in the context of the Community's internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the process of exercising one of the economic fundamental freedoms; in other words, where there is a sufficient link between the exercise of one of those freedoms and the need to grant family reunification rights under EC law. Conversely, under the Court's ‘liberal approach’, in order for family reunification rights to be bestowed by EC law, it suffices that the situation involves the exercise of one of the market freedoms and that the claimants have a familial link which is covered by Community law; in other words, there is no need to illustrate that there is a link between the grant of such rights and the furtherance of the Community's aim of establishing an internal market. The recent judgments of the ECJ in Eind and Metock (and its order in Sahin) appear to have decidedly moved the pendulum towards the ‘liberal approach’ side. In this article, it will be explained that the fact that the EU is aspiring to be not only a supranational organisation with a successful and smoothly functioning market but also a polity, the citizens of which enjoy a number of basic rights which form the core of a meaningful status of Union citizenship, is the major driving force behind this move. In particular, the move towards a wholehearted adoption of the ‘liberal approach’ seems to have been fuelled by a desire, on the part of the Court, to respond to a number of problems arising from its ‘moderate approach’ and which appear to be an anomaly in a citizens' Europe. These are: a) the incongruity caused between the (new) aim of the Community of creating a meaningful status of Union citizenship and the treatment of Union citizens (under the Court's ‘moderate approach’) as mere factors of production; and b) the emergence of reverse discrimination. The article will conclude with an explanation of why the adoption of the Court's liberal approach does not appear to be a proper solution to these problems.     

The Antecedents of Finnish Family Laws: Legal Tradition,Political Culture and Social Institutions

This article examines aspects of the development of legal policy relating to the family in Finland during the period from 1809, when the country was incorporated within the Russian Empire, to the cessation of the Winter War with the Soviet Union. Its objective is to set the antecedents of contemporary Finnish family laws in the context of political culture and social policy and institutions. A dominant theme considered here is the extent of the commitment in Finland to traditions shared with Sweden.     

Iaals' Honoring Families Initiative: Courts and Communities Helping Families in Transition Arising from Separation or Divorce

• It is time for a national dialogue about the feasibility of creating out‐of‐court alternatives for separating and divorcing families.
• Research indicates that separating parents who provide their children with consistency, emotional support, and low conflict help children successfully adapt in the transition process.

     

我国企业重整制度的改良与预先包裹式重整

我国现行的企业重整制度存在着诸多缺陷,主要表现在重整成本昂贵、缺乏效率、易于滥用等三个方面,因此,企业重整制度容易成为债务人拖延甚至拒绝偿债的工具。而非正式的企业重整制度即法院外协商机制,能在较短时间内以较低成本拯救陷于经营一时困顿的债务人企业,但"一致决"的重整决议方式缺乏可操作性,因而将严重影响企业复兴。我国应借鉴各国企业重整制度的成功经验,根据我国社会发展的实际情况,建立预先包裹式重整制度。     

Violence, Separation, and Loss in the Families of Origin of Domestically Violent Men

The intergenerational transmission of domestic violence is most commonly studied from the perspective of social learning theory, with the consequence that variables external to that perspective are often overlooked. This study was undertaken in an effort to broaden the theoretical basis of intergenerational transmission of domestic violence by assessing if incorporating variables from attachment theory (measures of separation and loss) with exposure to violence in family of origin would increase predictive power of a multiple regression model. Subjects (N = 74) were men in treatment for domestic violence. Separation and loss variables were found to exert effects on respondents’ violent behavior greater than or comparable to those from exposure to family of origin violence. Findings supported a need to broaden theoretical views of the etiology of domestic violence perpetration.     

Mandatory Child Abuse Reporting Laws: Issues and Implications for Policy

Child maltreatment has been deemed a national emergency, with more than 2.5 million cases of abuse and neglect reported each year. Social policies designed to address child maltreatment include state statutes requiring professionals to report suspected child maltreatment to authorities. Mandatory reporting laws, while of potential benefit in the identification of abused and neglected children, can often result in higher or lower rates of reporting of abuse. The present paper reviews the functions of mandatory reporting statutes in professional contexts. Factors related to both low and high rates of reporting are discussed. In addition, suggestions for social policy are reviewed.     

Healing Families: An Outcome Evaluation of a Community Family Court

In this paper, a model community family court program that seeks to break the intergenerational cycle of crime and substance abuse by treating families holistically will be presented. This model court seeks to reduce crime and provide safe and permanent homes for children of substance‐abusing parents. In this community family court, the prototypical problem‐solving court has been both focused and expanded. The community family court provides a focused response designed to address the unique combination of problems facing families on a family‐by‐family basis. At the same time, supervision and treatment services have been expanded to include every family member and all open court cases including criminal charges, juvenile delinquency, dependency, and civil cases. An overview of the court's evolution and discussion of integrated services designed to provide a wraparound style intervention will be highlighted as key contributors to the largely positive results of this community family court's evaluation.     

Cultural Cognition and Public Policy: The Case of Outpatient Commitment Laws

What explains controversy over outpatient commitment laws (OCLs), which authorize courts to order persons with mental illness to accept outpatient treatment? We hypothesized that attitudes toward OCLs reflect “cultural cognition” (DiMaggio, P. Annl Rev Sociol 23:263–287, 1997), which motivates individuals to conform their beliefs about policy-relevant facts to their cultural values. In a study involving a diverse sample of Americans (N = 1,496), we found that individuals who are hierarchical and communitarian tend to support OCLs, while those who are egalitarian and individualistic tend to oppose them. These relationships, moreover, fit the cultural cognition hypothesis: that is, rather than directly influencing OCL support, cultural values, mediated by affect, shaped individuals’ perceptions of how effectively OCLs promote public health and safety. We discuss the implications for informed public deliberation over OCLs.     

Same-Sex Marriages,Conflict of Laws and Public Policy -- a Modern Commentary

The article is concerned with the policy implications of the legal recognition of same-sex relationships. It is represented by an extrapolation from the decision of Chang J. of the Hawaii Circuit Court in Baehr and Others v. Miike as well as a consideration of the reaction to that case in the United States and of the literature surrounding the policy issues generated by the issue at large in Australia and elsewhere.     

婚姻家庭法与民法典关系之我见——兼论婚姻家庭法在我国民法典中的实现

婚姻家庭法作为民法的核心内容应该在我国未来的民法典中得到充分体现.作为具有强烈伦理要求和浓厚人文主义精神的法律制度,婚姻家庭立法应将伦理道德优先、以人为本、遵从习惯、适度干预和适度超前与相对稳定相结合等作为基本的法律原则.对于具体的立法体例,在坚持单一民法典立法模式的前提下,将有关自然人的一般规定与人格权、婚姻、家庭等内容混编在一编中以“人法编”命名.在立法方式上,我们既要积极引进国外的先进理念和先进制度,兼收并蓄、吸收创新,又要立足本国国情,发掘传统制度资源,凝聚民族智慧,以制定出一部能够同时容纳古代文明、近代文明和现代文明,兼具形式理性和实质理性,具有普适性、辐射性和可复制性的中国版民法典.     

Separation and Reunification: Using Attachment Theory and Research to Inform Decisions Affecting the Placements of Children in Foster Care

Determinations regarding removal of children from home in maltreatment situations typically take into consideration the physical safety of the child. Less recognized and often underappreciated is the severe risk endured by the child as a result of separation from the caregiver, and the long‐term effects of the separation on the child. This article describes recent developments in attachment theory and research and their usefulness for placement decisions. We will explain how a child develops a secure attachment to a caregiver and review the deleterious consequences associated with maltreatment and separation. The case of a child in a foster/adoptive placement will be discussed in order to clarify common misinterpretations of attachment research and how attachment theory and research can inform permanency decisions that are in the best interest of the child.     

Increasing Family Reunification for Substance‐Abusing Mothers and Their Children: Comparing Two Drug Court Interventions in Miami

This study provides a quasi‐experimental test of 80 consecutive enrollments in the Miami‐Dade (Florida) Dependency Drug Court in order to examine the impact of a family‐based and gender specific intervention, Engaging Moms Program (EMP), on drug court graduation and family reunification. We compared EMP with case management services (CMS). Results indicated that 72% of mothers in the EMP graduated from drug court, and 70% were reunified with their children. In contrast, 38% of mothers receiving CMS graduated from drug court, and 40% were reunited with their children. EMP, then, appears to be a promising family drug court intervention.     

Unsuitable Suitors: Anti-Miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities

In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by national-level debates regarding the groups eligible for U.S. citizenship. My main point is that Asian ethnic groups originally were viewed as legally distinct—racially and ethnically, and that members of these groups recognized and used these distinctions to seek social rights and privileges. The construction of "Asian" as a social category resulted primarily from congressional legislation and judicial rulings that linked immigration with naturalization regulations. Anti-miscegenation laws further contributed to the social exclusion of those of Asian ancestry by grouping together U.S.-born and foreign-born Asians.     

Expanding Geographies of Deportability: How Immigration Enforcement at the Local Level Affects Undocumented and Mixed‐Status Families

This article examines the impact of policies and programs that have expanded immigration enforcement from the federal to the local level. Drawing from in‐depth interviews with over sixty individuals who are members of undocumented or mixed‐status families, I discuss how these initiatives have extended the geography of deportability from traditional sites that focus explicitly on immigration enforcement (e.g., the US–Mexico border) to more nontraditional sites in the public sphere (e.g., driving under the influence checkpoints or grocery stores). I demonstrate how this intensification of enforcement strains undocumented immigrants’ resources as well as their participation in school, work, and their communities.