States of Resistance: The REAL ID Act and the Limits of Federal Deputization of State Agencies in the Regulation of Non-Citizens

The goal of this Article is to discuss the justiciability of issues arising under immigration federalism by examining the constitutionality of the REAL ID Act. Part I discusses states\u27 authority over non-citizens and the history of immigration federalism jurisprudence. Part II explores key provisions of the REAL ID Act, the WHTI, and similar attempts by the federal government to deputize states to engage in citizenship-policing and immigration enforcement. It describes the acute social and economic segregation that the denial of driver\u27s licenses to non-citizens engenders, and examines a number of theories that attempt to capture the impact of the current immigration federalism framework or prescribe alternate approaches. Part III analyzes previous legal challenges under the Equal Protection Clause involving similar measures, and the viability of potential challenges under the Tenth Amendment and international human rights laws. The Tenth Amendment discussion in particular elaborates on the dual sovereignty framework for federalism in the immigration context that the Supreme Court articulated in Printz v. United States, and questions the fate of future Congressional legislation that may be described as irrational, xenophobic, and untethered to political accountability

\u27And Ain\u27t I a Woman?\u27: Feminism, Immigrant Caregivers, and New Frontiers for Equality

This Article argues that feminist and other critical legal theories can address the profound inequalities that immigrant workers face. Part I draws from a body of feminist, political, and social science theories regarding social reproduction to assess the situation of immigrant domestic workers and their recent efforts to claim inclusion in workplace laws and protections. It locates the increasingly carceral dynamics that are expressed in the law and in state infrastructure and continuously undermine immigrant women\u27s economic and social stability, as explained in further detail in Parts L.A and I.B.2, infra. Unbeknownst to many, the present period is the most dangerous for an undocumented immigrant worker in history. Deportations have crescendoed to record highs after a decade-long investment in sophisticated detection, detention, and deportation apparatuses by two Presidential administrations. Conversely, statutory rights - e.g., the right to minimum and overtime wages, the right to organize, and the right to be free from sexual abuse or harassment-are largely unenforced as a result of ongoing contradictions in our labor and immigration laws, the currently irremediable power dynamics between non-citizen workers and their employers, and the low societal priority for allocating resources to combat these abuses. Part II examines the importance of immigrant women workers in the United States and their disproportionate share in the feminization of low wage work at a time when society\u27s critical social-reproductive work has been shifted to them. Over the past decade, immigrant women workers have organized state-by-state campaigns to improve the domestic work industry, and have steadily built political power by allying with labor unions. In 2013, intense lobbying by the same organizers brought about the first-ever inclusion of an immigrant visa for caregivers of the elderly and disabled in S.744, the last major immigration reform bill to pass the Senate. But those workers, who are predominantly in-home employees and overwhelmingly female, have been denied minimum wage and overtime protections for more than seventy-five years; newly enacted regulations to bring them within those protections were halted before they were to take effect in 2015, in a power play by the $90 billion caregiver industry. Employers today continue to marginalize, devalue, and capitalize upon the labor of immigrant women in ways similar to those previously used for women\u27s labor in the nineteenth and twentieth centuries. Part Ill analyzes the resurgent organizing of immigrant and minority caregivers nationwide for rights, respect, and recognition, with the understanding that including immigrant women in the body politic is critical to challenging the increasingly harsh policies that impair their safety daily. A feminist practice supporting socially just laws and practices for all women cannot remain apathetic to the role of the state and its laws in subordinating entire populations of women in the workforce, or selectively support neoliberal policies such as proposals to import female immigrant caregivers from abroad simply because they can do this work for us. To do so denies the status-, race-, class-, and gender-based devaluation of social reproductive work, with privileged U.S. women desiring the labor but not the lives of other women. Because our nation\u27s immigration system is now inextricably bound up with carceral forces, including detention, deportation, and local law enforcement, feminist analysis must broaden its reach beyond traditional assumptions of citizenship and the legal status quo. While this Article is far from a comprehensive account of immigration status as a dimension of experience, by analyzing domestic workers and caregivers as a case study, I suggest a new role for feminist legal theory and critical legal studies to elevate the discourse surrounding immigrants\u27 rights in future rounds of the immigration reform debate. Just as Sojourner Truth challenged women and men by asking, And ain\u27t I a woman? to connect the abolitionist and feminist causes in 1851, we must today situate feminism to include those that are not white and not privileged 15 and address issues of immigration and citizenship. Immigrant caregivers\u27 growing campaign for rights, respect and recognition invite feminists to engage in a twenty-first century discussion about non-citizen women\u27s rights

Bargaining for Integration

The Americans with Disabilities Act (ADA) requires employers to restructure exclusionary environments upon the request of their employees with disabilities so that they may continue working. Under a virtually unexamined aspect of the mandate, however, the parties must negotiate in good faith over every accommodation request. This “interactive process,” while decentralized and potentially universal, occurs on a private, individualized basis. Although the very existence of the mandate has been heavily debated, the scholarship has yet to acknowledge that the ADA is actually ambivalent to individuals’ relative power to effect organizational change through bargaining. This Article is the first to critique the law’s interactive requirements. The process does not appear in the statute but is an agency’s conceptualization of the mandate as an idealized exchange. By evaluating new empirical evidence relating to race, class, and gender outcomes against the meso-level theories underlying the mandate, this Article argues that the process disempowers employees through deficits of information, individuated design, and employers’ resistance to costs. Nonetheless, there is growing momentum to replicate the mandate to accommodate pregnancy and other workers’ needs. As the workplace is increasingly deemed essential to societal well-being, this new perspective reveals the law’s design flaws and unfulfilled potential. In response, the Article proposes reallocations of power so that the state may: gather and publicize organizational precedent to enable structural analysis, regulation, and innovation at scale; legally recognize that dismantling ableist environments and antidiscrimination work are collective endeavors; and expand the social insurance model for accommodations. Perhaps, then, the ADA’s original vision of institutional transformation may become possible

Dehumanization \u27Because of Sex\u27: The Multiaxial Approach to the Title VII Rights of Sexual Minorities

Although Title VII prohibits discrimination against any employee “because of such individual’s . . . sex,” legal commentators have not yet accurately appraised Title VII’s trait and causation requirements embodied in that phrase. Since 2015, most courts assessing the sex discrimination claims of LGBT employees began to intentionally analyze “sex” as a trait using social-construction evidence, and evaluated separately whether the discriminatory motive caused the workplace harm. Responding to what this Article terms a “doctrinal correction” to causation within this groundswell of decisions, the Supreme Court recently issued an “expansive” and “sweeping” reformulation of but-for causation in Bostock v. Clayton County, one that combined the sex-trait analysis with causation analysis in determining that “traits or actions” related to sexual orientation or gender identity are protected.Because Bostock did not foreclose the use of social evidence or intersectional approaches in additional subordination contexts in which sex is a factor, this Article builds on this important development by introducing “multiaxial analysis,” a framework with which judges and stakeholders identify the role of Title VII’s protected traits as socially constructed along four axes: the aggrieved individual’s self-identification, the defendant-employer, society, and the state. This context-sensitive approach to subordination has the potential to give fuller effect to Title VII’s provisions and purposes as compared to sex-stereotyping theory or the Court’s reformulated “but-for causation.” Uncoupling causation from the sex trait analysis realizes the statute’s civil rights protections within relational, structural, and institutional dynamics as the law increasingly recognizes that the scope of sex extends beyond a fixed binary

Effect Of Varying Dietary Protein, Lipid And Hufa Levels On Growth And Reproductive Performance Of Female Swordtail Xiphophorus Helleri [QL638.P73 L755 2007 f rb].

Ikan air tawar berkeupayaan mensintesis asid lemak sangat tidak tepu (HUFA) daripada asid lemak C18 poli tidak tepu (PUFA) yang biasanya didapati dalam diet yang mengandungi minyak sayuran untuk memenuhi keperluan nutrisi pertumbuhan ikan. Freshwater fish possess higher ability to biosynthesize highly unsaturated fatty acids (HUFA) from C18 polyunsaturated fatty acids (PUFA) found in plant-based diets in fulfillment of the nutrient needed for growth and development