Défendre la cause des étrangers en justice aux Etats-UnisLa Revue des Droits de l'Homme
AbstractLegal activism and political lawyering in favor of immigrant’s rights developed at the same time in the USA and in France in the 1970’s. If these movements share common characteristics, such as the close association of grassroots activists and law students, they took different paths, influenced by differences in legal culture and institutional environment. In the USA, constitutional limits making it difficult to challenge immigration laws (the plenary power doctrine) led to a different type of litigation strategy, based among other things on class action. This litigation technique became a central feature of immigration law. Substantive results were obtained in challenging immigrations agencies practices, but these results also triggered negative reactions by the agencies and the lawmakers. Translated by Johann Morri.
Citation InformationLeila Kawar. "Défendre la cause des étrangers en justice aux Etats-Unis" La Revue des Droits de l'Homme Vol. 4 (2013)
Available at: http://works.bepress.com/leila_kawar/12/