Guardians at the Gate: The Backgrounds, Career Paths, and Professional Development of Private US Immigration Lawyers

This article presents findings from a qualitative study of seventy-one New York immigration lawyers who are engaged in private practice. It focuses on the lawyers' backgrounds, career paths, and early professional training and describes, inter alia, the unusual diversity of this bar, the lawyers' reasons for practicing immigration law, the ways in which they learn to practice law, and the strong sense of community within the private immigration bar. It uses the idea of communities of practice to help understand how lawyers learn from their colleagues and are influenced by them. The article identifies several factors that may contribute to the supportiveness of the bar and the strong sense of community within that practice specialty, notwithstanding its great diversity. It concludes by making some preliminary comparisons between immigration lawyers and lawyers in other practice specialties and by identifying some questions for future study.     

The Participant Perspective

Law and Philosophy -     

Federalists in the Attic: Original Intent, the Heritage Movement, and Democratic Theory

Although the United States is often criticized for its lack of historical consciousness, historicity provides a compelling rhetorical trump in constitutional argument, particularly according to advocates of original under-standing jurisprudence or "originalism." Originalism has also proven to be quite popular as a constitutional position, especially in public discourse outside academe and the courts. I argue that originalism's appeal derives from Americans'interest in heritage. Using the literature on public history, memory, and cultural studies to distinguish the cultural phenomenon of heritage from history proper, I argue that originalism, like heritage, offers the possibility of an immediate and authentic encounter with the past tied to a critique of modernism as both antidemocratic and inauthentic. Originalism portrays the federal period as a special moment of civic unity, whose virtues have been preserved by the larger public, but have been eroded among elites by modernity.     

The Rhetoric of Educational Reform

This article is an examination of the language of recent large-scale education reform in England, New Zealand, and the Canadian provinces of Alberta and Manitoba. In each jurisdiction, we review both the official documents and the parliamentary debate around a set of major educational reforms, looking at both the similarities and differences between jurisdictions and at the overall nature of official discourse. Although some similar rhetoric was used in all four settings, we conclude that the differences in justifications were more significant than the commonalities. Our analysis supports a view of official rhetoric as being primarily symbolic and intended to create or support particular definitions of problems and solutions, but also as shaped by the historical context, institutional structure, and political culture of each setting.