Abstract
The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features of both legal dichotomies.
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Metadata
- Subject
Civil Rights and Discrimination
Constitutional Law
Courts
Criminal Law
Domestic Law
Immigration Law
International Law
Law and Society
Legal Writing and Research
Legislation
Politics
Social Welfare Law
- Journal title
North Carolina Journal of International Law and Commercial Regulation
- Volume
29
- Pagination
639-670
- Date submitted
7 September 2022
- Keywords