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Article   |   Volume 157, Issue 2

Immigration Law’s Organizing Principles

By
Adam B. Cox

December 2008










In his Article, Professor Cox questions the central principle of immigration law that rules for selecting immigrants are fundamentally different from rules that regulate the lives of immigrants outside the selection process. Cox argues that the distinction is false because every rule of immigration necessarily effects both selection and regulation. Furthermore, even if rules could effectively be categorized, there is no moral or constitutional significance to the distinction. Rather, they are simply two alternative mechanisms that a state may use to achieve a particular end. Under this new understanding, Cox explores the implications to immigration law and institutional design.

Immigration Law’s Organizing Principles - PennLawReview.com


Responses to this Article
By
Adam B. Cox


By
Peter H. Schuck


By
Clare Huntington



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Dynamic Incorporation Of Foreign Law

Michael C. Dorf