The Rights of Others: Legal Claims and Immigration Outside the Law

This Article analyzes the rights of unauthorized migrants and elucidates how these noncitizens are incompletely but importantly integrated into the U.S. legal system. I examine four topics: (1) state and local laws targeting unauthorized migrants, (2) workplace rights and remedies, (3) suppression of evidence from an unlawful search or seizure, and (4) the right to effective counsel in immigration court. These four inquiries show how unauthorized migrants though unable to assert individual rights as directly as U.S. citizens in the same circumstances can nevertheless assert rights indirectly and obliquely by making transsubstantive arguments that fall into five general patterns. The first is an institutional competence argument that the wrong decisionmaker acted. The second is an argument that an unauthorized migrant was wronged by a comparatively culpable person. The third is a citizen proxy argument that sustaining an unauthorized migrant\u27s claim will protect a U.S. citizen or lawful permanent resident. The fourth is that an unauthorized migrant may be unable to challenge the substance of a decision, yet may mount a successful procedural surrogate challenge to the way that decision was reached. The fifth is a phantom norm argument that, even if a government action withstands constitutional challenge, it violates a statute or regulation. These patterns illustrate how typical doctrinal relationships and litigation strategies-for example, choosing between equal protection and preemption arguments, or between seeking redress for harms to individuals and harms to groups-shift significantly for unauthorized migrants. These patterns of oblique rights reflect a pervasive national ambivalence about immigration outside the law

Electric foot-shock stress drives TNF-alpha production in the liver of IL-6-deficient mice

Objectives: Accumulating evidence has shown that interleukin-6 (IL-6) has pleiotropic effects on a variety of biological functions, including its antiapoptotic potential during liver injury. Our previous work demonstrated that restraint stress-induced elevation of plasma IL-6 negatively regulates plasma tumor necrosis factor-alpha (TNF-alpha). Herein, we further clarified the mechanism underlying the above finding and investigated the effect of IL-6 on liver apoptosis triggered by stress. Methods: Male C57BL/6J and IL-6-deficient C57BL/SV129 mice were exposed to 1 h of electric foot-shock stress. Thereafter, the serum, liver and spleen TNF-alpha levels were measured at several time points. Serum alanine aminotransferase (ALT), liver caspase-3 and terminal deoxynucleotidyl transferase-mediated dUTP nick-end labeling ( TUNEL) activities were analyzed to evaluate the severity of liver injury and apoptosis. Results: The liver, but not the spleen, of the IL-6-deficient mice exhibited a significant increase in TNF-alpha level after stress in parallel with serum TNF-alpha elevation, whereas no such TNF-alpha responses were found in the wild animals. No significant differences in stress-induced elevation of serum ALT levels, liver caspase-3 activities and the number of TUNEL-positive hepatocytes were found between the wild and IL-6-deficient mice. Conclusions: Taken together, these results indicate that IL-6 may play a critical role in suppressing TNF-alpha production in the liver, thereby decreasing the blood TNF-alpha level. In contrast, IL-6 secretion was shown to have no protective effect on stress-triggered liver injury. Copyright (C) 2004 S. Karger AG, Basel

North-easternmost record of <i>Halosaurus ovenii</i> Actinopterygii: Notacanthiformes: Halosauridae) in the Mediterranean Sea, with notes on its biology

A single adult female specimen of Halosaurus ovenii Johnson, 1864 was captured by trammel nets at a depth of about 200 m off the coast of Arbatax (Sardinia, Italy) in early April 2007. Macroscopic and microscopic analysis of the gonad showed a postspawning ovary. This is the fourth documented capture of this fish in the Mediterranean Sea, representing the north-easternmost record for this species in this geographic area. Furthermore, the present specimen was fished at the shallowest depth ever recorded before

Book Review: Justice in Immigration. Edited by Warren F. Schwartz.

Book review: Justice in Immigration. Edited by Warren F. Schwartz. New York: Cambridge University Press. 1995. Pp. 246. Reviewed by: Hiroshi Motomura

The Rule of Law in Immigration Law

Prof. Hiroshi Motomura delivered the 2008 John W. Hager lecture, on Immigration Law and the Rule of Law