Books

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Constructing Illegality in America: Immigrant Experiences, Critiques, and Resistance (with Cecilia Menjívar) (2013)

The topic of 'illegal' immigration has been a major aspect of public discourse in the...

 
Aftermath: Deportation Law and the New American Diaspora (2012)

Since the passage of harsh new deportation laws in 1996, the United States has deported...

 

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Deportation Nation: Outsiders in American History (2007)

The danger of deportation hangs over the head of virtually every noncitizen in the United...

 

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Massachusetts Criminal Practice, 2nd (with Eric Blumenson and Stanley Fisher) (1998)
 
Massachusetts Criminal Defense: 1997 Cumulative Supplement (with Eric D. Blumenson and Stanley Z. Fisher) (1997)
 

Articles

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Predicting the Complex Future of Retroactivity in Massachusetts: Commonwealth v. Sylvain, Boston Bar Journal (2014)

From the introduction: In Commonwealth v. Sylvain,466 Mass. 422 (2013), the SJC held that the...

 

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Panel Two: Should There Be Remote Public Access to Court Filings in Immigration Cases? (with The Honorable Robert Hinkle, David McCraw, and Eleanor Acer), Fordham Law Review (2012)
 

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"Passed Beyond Our Aid:" U.S. Deportation, Integrity, and the Rule of Law, Fletcher Forum of World Affairs (2011)

The United States is still in the midst of a massive deportation experiment that is...

 

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Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?, New England Law Review (2011)

Though widely heralded by immigration and human rights lawyers as a “landmark,” possible “watershed,” and...

 

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The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment, UCLA Law Review (2011)

The U.S. Supreme Court’s pathbreaking decision in Padilla v. Kentucky seems reasonably simple and exact:...

 

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Introduction: Law, Torture, and the “Task of the Good Lawyer” – Mukasey Agonistes, Boston College International and Comparative Law Review (2009)

Following September 11, 2001, there was a challenge to the role of law as a...

 

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On “Waterboarding”: Legal Interpretation and the Continuing Struggle for Human Rights, Boston College International and Comparative Law Review (2009)

While some aspects of the “waterboarding” debate are largely political, the practice also implicates deeply...

 

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Sharpening the Cutting Edge of International Human Rights Law: Unresolved Issues of War Crimes Tribunals, Boston College International and Comparative Law Review (2007)

International criminal tribunals have emerged as the most tangible and well-known mechanism for seeking justice...

 

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Post-Deportation Human Rights Law: Aspiration, Oxymoron or Necessity?, Stanford Journal of Civil Rights and Civil Liberties (2007)
 

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The Better Part of Valor: The REAL ID Act, Discretion, and the “Rule” of Immigration Law, New York Law School Law Review (2006)

This article considers the problems raised by a federal law--the “REAL ID Act”--that seeks to...

 

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Legal Lines in Shifting Sand: Immigration Law and Human Rights in the Wake of September 11th, Boston College Third World Law Journal (2005)

In March of 2004, a group of legal scholars gathered at Boston College Law School...

 

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America Goes Global, Family Advocate (2004)
 

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Criminalizing the Undocumented: Ironic Boundaries of the Post-September 11th ‘Pale of Law.’, North Carolina Journal of International Law and Commercial Regulation (2004)

The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly...

 

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Stories from Immigration Practice, Family Advocate (2004)
 

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St. Cyr or Insincere: The Strange Quality of Supreme Court Victory, Georgetown Immigration Law Journal (2002)
 

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Introduction, Human Rights (2001)
 

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Deportation and Justice: A Constitutional Dialogue, Boston College Law Review (2000)

Recent statutory changes to United States immigration law have resulted in a large increase in...

 

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Deportation, Social Control, and Punishment: Some Thoughts about Why Hard Laws Make Bad Cases, Harvard Law Review (2000)

From the Author’s Introduction: We live in a time of unusual vigor, efficiency, and strictness...

 
Crying Wolf or a Dying Canary?, Review of Law and Social Change (1999)
 
Balancing the Privacy Interests of Repatriated Haitians Against the Public Interest in Asylum Procedures, Preview of United States Supreme Court Cases, 1991092 Term (1991)
 

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Judicial Review of Amnesty Denials: Must Aliens Bet Their Lives to Get Into Court?, Harvard Civil Rights-Civil Liberties Law Review (1990)
 

Contributions to Books

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Doesn't Love a Wall: U.S. Deportation and Detention, Hidden Lives and Human Rights in the United States: Understanding the Controversies and Tragedies of Undocumented Immigration (2014)
 

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Immigration Law: Current Challenges and the Elusive Search for Legal Integrity, Immigration Practice Manual (2012)

This chapter offers an overview of deep questions about immigration and deportation law and practice....

 
Various entries, Anti-Immigration in the United States: A Historical Encyclopedia (2011)
 

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Loving Humanity While Accepting Real People: A Critique and a Cautious Affirmation (with David Hollenbach), Driven From Home: Protecting the Rights of Forced Migrants (2010)
 

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Immigration, Crime and Consequence: The Collateral Effects of Criminal Conduct (2009)
 

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Immigration, Oxford Companion to American Law (2002)
 

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Immigration Litigation in Federal Court, Representing Indigent Parties in Federal Court (2002)
 

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Immigration Consequences of Criminal Convictions, Collarteral Consequences of Criminal Convictions: Learn How to Avoid the Pitfalls of Practice (2001)
 

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Getting Permission to Live and Work in the U.S. (with Sarah Ignatius, Elizabeth A. Ziemba, and H. Daniel Hassenfeld), Newcomers' Legal Guide to Massachusetts: Resource Materials for the Community (1998)
 

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Dangerous Undertones of the New Nativism: Peter Brimelow and the Decline of the West, Immigrants Out! The New Nativism and the Anti-Immigrant Impulse in the United States (1997)

Nativism - an intense opposition to immigrants and other non-native members of society - has...

 

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Federal Court Litigation and Review, Legalization Handbook: How to Obtain Lawful Residence under the New Immigration Laws (1989)
 

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Lawsuits (with Helena Goldstein), Legal Tactics: Self Defense for Tenants in Massachusetts (1987)
 

Works in Progress

Selected Professional Activities

Conference on Draft Convention on Rights of Forcibly Expelled Persons, Post-Deportation Human Rights Project, Boston College Center for Human Rights and International Justice (2014)

On May 1-3, Center Interim Director, and Post-Deportation Human Rights Project Director, Dan Kanstroom convened...

 
A Nation of Immigrants, Keynote Address, Massachusetts Immigrant and Refugee Advocacy Coalition Thanksgiving Luncheon (2013)
 
Who Has Which Rights Where?, American Society for Legal History Annual Meeting (2013)
 
Panelist, The Current Immigration Debate, Boston Bar Association (2012)
 

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Deportation Law and the New American Diaspora (with Mary Waters), Center for Human Rights and International Justice, Boston College (2012)
 

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How Effective is Deportation as an Immigration Policy?, The Takeaway, Public Radio International (2012)
 
Deportation Nation: Outsiders in American History, Law in Motion Lecture, Northwestern University (2012)
 
Presentations on Aftermath: Deportation Law and the New American Diaspora (2012)

Daniel Kanstroom has delivered several public lectures and presentations to a wide variety of audiences...

 
Panelist, Deportation and Human Rights, Council on Foreign Relations (2011)
 
Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?, New England School of Law Immigration Law Conference (2010)
 
Lecture, Deportation and After, University of Buenos Aires Psychology Graduate Program (2010)
 
Panelist, After Deportation: Legal Question, Biannual Immigration Law Professors’ Conference, AALS (2010)
 
Remote Access to Immigration Cases: Should the Rules be Changed?, Judicial Conference of the United States, Fordham Law School (2010)