Description
Immigration courts fail to live up to courtroom ideals. Around 2009, proposals were offered to address the problems of these troubled courts. My study illustrates the inevitable linkage between court reform proposals and conceptions of fairness and efficiency, and ultimately justice. I ask: (1) From the perspective of attorneys defending immigrants' rights, what are the obstacles to justice? How should they be addressed? And (2) How do proposals speak to these attorneys' concerns and proposed resolutions? The proposals reviewed generally favor restructuring the court. On the other hand, immigration (cause) lawyers remain unconvinced that current proposals to reform the courts' structure would be successful at addressing the pivotal issues of these courts: confounding laws and problematic personnel. They are particularly concerned about the legal needs and rights of immigrants and how reforms may affect their current and potential clients. With this in mind, they prefer incremental changes - such as extending pro bono programs - to the system. These findings suggest the importance of professional location in conceptualizing justice through law. They offer rich ground for theorizing about courts and politics, and justice in immigration adjudication.
Details
Title
- The real American court: immigration courts and the ecology of reform
Contributors
- Abbott, Katherine R (Author)
- Provine, Doris M. (Thesis advisor)
- Cruz, Evelyn H. (Committee member)
- Johnson, John M. (Committee member)
- Zatz, Marjorie S. (Committee member)
- Arizona State University (Publisher)
Date Created
The date the item was original created (prior to any relationship with the ASU Digital Repositories.)
2013
Subjects
Resource Type
Collections this item is in
Note
- thesisPartial requirement for: Ph. D., Arizona State University, 2013
- bibliographyIncludes bibliographical references (p. 185-196)
- Field of study: Justice studies
Citation and reuse
Statement of Responsibility
by Katherine R. Abbott