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Immigration law has become unmerciful. Hiroshi Motomura, Americans in Waiting Drawing from this lost chapter in American immigration history, Motomura urged us to resuscitate this presumption of belonging.

See Editorial, Immigrants, CriminalizedN. To make such a bold claim, Motomura turns to the Supreme Court decision Plyler v. Using parameters set out in PlylerMotomura provides a framework for evaluating a number of divisive issues paralyzing modern immigration debates. This framework points to counterintuitive but principled conclusions. Immigration Outside the Law explains why, for example, local attempts to allocate benefits to unauthorized immigrants such as granting in-state tuition to undocumented college students may be defensible even where local attempts to enforce immigration laws such as criminalizing the failure to produce proof of lawful presence may not be.

Iijima Teacher and Mentor Award Jan. As the lenses are adjusted, changed, and combined, the reader enjoys a crisper and sharper picture of just how much of U. This reality, combined with the basic principles of fairness, pragmatism, and realism, demand that the law be reformed to reflect the degree to which unauthorized immigrants bear the markers of belonging.

Yet, at the core of Immigration Outside the Law resides a critical assumption built into any Plyler -centric theory of rights: PlylerU. Thus, Immigration Outside the Law amounts to an argument that childhood arrivals do not occupy a special moral ground. Rather, it suggests that a variety of equitable principles justify allocating membership benefits to childhood arrivals and adulthood arrivals alike.

Within this formulation, childhood arrivals and adulthood arrivals represent moral equivalents. Because both groups are embedded within U. In this Review, I want to do two things. To do this, I borrow insights from the burgeoning social science literature on immigrant brokering. This body of work reveals the active and strategic steps that immigrants take to integrate into their surrounding communities.

See infra Part III, pp. Specifically, this work reveals the extent to which immigrant youth assist their parents across a variety of contexts. In short, these children help their parents partake in U. Thus, the Court in Plyler may have live binary options trading lesson 3 more explanation of strategy 2103 18 right after all about childhood arrivals occupying a special place in American society, but not for the innocence-based reasons it offered.

Childhood arrivals can help forge ties between natives and newcomers, and bridge the gap separating the mainstream and the margins. Immigration laws empower citizens and lawful permanent residents LPRs to sponsor their family members, and against this backdrop, childhood arrivals might be understood as a class of quasi-sponsors.

They lack the formal ability to confer lawful status to their parents, but they still help ensure that their parents become productive and valuable members of their communities. A second goal of this Review is to give unauthorized youth their due.

Unauthorized youth have been at the forefront of immigration debates in recent years. Indeed, they have impacted public discourse in ways that both challenge and bolster the legitimacy of law. TimesJuly 23,http: And inthe California Supreme Court held that unauthorized immigrants can be licensed to practice law despite their lack of authorization to live or work in the United States.

See In re Garcia, P. Rather than waiting to be recognized as Americans, in both of these instances, immigrant youth have practically dared the Obama Administration, our courts, and the public to find some reason to deny them their proper place in our national community.

These immigrants may have grown up outside of immigration law, but they have laid claim to American legal culture and its commitment to principles of equality and belonging. Part II highlights the moral bright line drawn by Plyler and explains how Motomura addresses this conceptual hurdle. Indeed, as I explain, childhood arrivals function as quasi-sponsors in the migration process. Part IV considers how a brokering vision of membership underlies recent administrative relief programs and how those programs could have gone even further than they did.

Very early on in Immigration Outside the LawMotomura explains that his book tries to accomplish two goals: In pursuing these twin goals, Motomura uses themes articulated in Plyler v. Doe to organize the chapters of the book. The themes set up a wide-ranging discussion of issues related to immigration and immigrant rights. But if there is a meta theme to Immigration Outside the Lawit is integration as a process and as live binary options trading lesson 3 more explanation of strategy 2103 18 set of values.

Throughout the book, Motomura grapples with how laws facilitate or impede immigrant integration, and the strongest positions he stakes out are on the rights, benefits, and privileges he believes should be allocated to those immigrants who embrace the integration imperative.

The relationship between law and integration is a subject Motomura first took up in his book Americans in Waiting. And the themes developed there are put to use in Immigration Outside the Law. Americans in Waiting addresses a period in American history in which lawful migrants received rights and benefits indistinguishable from those held by and available to citizens, provided they had declared an intention to naturalize.

In Immigration Outside the LawMotomura undertakes the more ambitious goal of extending this argument into the context of unauthorized migration.

Americans in Waiting is a book comprised of both descriptive and normative pieces. The descriptive piece sets out a framework for the different types of rights and benefits immigrants are entitled to as immigrants. Motomura suggests that these rights are often organized around three different principles: See Motomurasupra note 2, at 9— In terms of fairness and live binary options trading lesson 3 more explanation of strategy 2103 18, immigration as contract can lead to harsh outcomes for immigrants.

Motomura characterizes the original plenary-power cases issued during the era of Asian exclusion as immigration-as-contract cases. So long as Congress and the President give notice to immigrants that their rights are being curtailed or extinguished, Congress and the President are usually free to act no matter how drastically those rights are curtailed or extinguished. Because these types of schemes arise from principles of notice and settled expectations, at times, contract principles may protect immigrants against governmental encroachment, see, e.

Motomurasupra note 2, at 11; see also id. Filing such declarations enabled immigrants to begin enjoying many of the rights and privileges typically reserved for citizens, such as voting, owning property, and holding public office. Immigration-as-transition principles would do away with the notion that rights are something to be earned over time. Rather, treating immigrants as Americans in waiting would narrow the rights gap separating noncitizens and citizens at the outset.

It would create a presumption of belonging rather than merely preserving the possibility that an immigrant might someday belong. Ultimately, Americans in Waiting asks the state to concede more membership benefits to lawful immigrants than it currently does.

Goods and opportunities that are typically reserved for citizens, Motomura argues, ought to be allocated to lawful immigrants. In other words, giving lawful immigrants a broader set of goods and opportunities will facilitate the transition process.

As a policy imperative, a transition model invites reform-minded individuals to revisit issues that have long been resolved against noncitizens. Such new policies may include opening access to federal public live binary options trading lesson 3 more explanation of strategy 2103 18 programs like Supplemental Security Income or food stamps; allowing noncitizens to cast votes in elections; giving immigrants a chance to serve their communities and country through public-service jobs; and finally, and probably most importantly, slowing the deportation machinery to prevent the mass expulsion of lawful immigrants.

With Immigration Outside the LawMotomura steps out of the staid past and into the tempestuous present. Just as he did in Americans in WaitingMotomura once again makes a contribution that speaks in both descriptive and normative tones.

Unlike Americans in Waitingin Immigration Outside the Lawit is harder to determine when Motomura is explaining how the world is and when he is arguing for how it should be. And perhaps this is how it must be. To my original point: For his part, Motomura uses Immigration Outside the Law as an opportunity to clarify the terms of debate and engagement.

Roughly speaking, this is the descriptive piece of Immigration Outside the Law. To make consensus or something like it a greater possibility, Motomura begins with the landmark Supreme Court decision, Plyler v. Doefrom which he extrapolates a number of themes relevant to the decision.

These themes, Motomura contends, identify modern flashpoints of disagreement. Building on the framework he established in Americans in Waiting, Motomura takes the ambitious step of arguing that many unauthorized immigrants, like lawful immigrants, can and should be thought of as Americans in waiting.

In other words, not only should unauthorized immigrants be given a chance to earn a seat at the table, the law should also be construed to give them the best possible chance to do so.

These sentiments eventually led to the passage of Education Code section To enforce this mandate, the law allowed school districts either to deny unauthorized migrant children altogether or to charge them tuition p. Two suits with two separate sets of lawyers moved through the district courts and the Fifth Circuit in parallel fashion p.

The cases were combined once the Supreme Court live binary options trading lesson 3 more explanation of strategy 2103 18 certiorari p. And as students of constitutional law well know, the Court invalidated the Texas law on equal protection grounds in a 5—4 decision. See PlylerU. Many scholars often cite Plyler as the high-water mark live binary options trading lesson 3 more explanation of strategy 2103 18 noncitizen rights p. Doe was narrow as a matter of constitutional law, and its ethos remains deeply contested.

One can reasonably ask if the [U. But this uncertainty shows precisely why Plyler endures as an essential lens. Thus, Motomura uses Plyler to organize many current debates about immigration law and policy.

Put differently, Motomura is less interested in what Plyler enforces as a matter of law than in what it reflects about the values embedded in the law and in our legal culture. What exactly does Plyler reflect? To begin with, Motomura extrapolates three themes from Plyler: These three themes, Motomura contends, hold the Plyler decision together. See infra Part IV, pp. Many communities around the country see this as precisely the problem, which leads to a second theme: Because the case was resolved on equal protection grounds, the Court did not address the question of whether federal law preempted the Texas statute, but the modern relevance of this aspect of the case is indisputable: The third theme, the terms on which immigrants are integratedaddresses the special place occupied by unauthorized youth within the larger pool of unauthorized immigrants.

The key difference separating childhood arrivals from adulthood arrivals was that the former group had the opportunity live binary options trading lesson 3 more explanation of strategy 2103 18 go through the U.

The author quotes PlylerU.

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Simply because we are, to use the technical term, suckers. Not always as individuals, but certainly collectively. The defining attribute of the sucker is, of course, an inability to learn from experience. And it seems that meaningfully learning from our mistakes is a foreign concept to us. Nay, it is anathema. The darkest heresy imaginable. Something no one would bring up in polite company.

Something only spoken of by rabid crackpots, on their lunatic-fringe blogs, during full moon. We will happily savor the same snake oils again and again, every time the same non-solutions to the same non-problems — because we refuse to learn from the past. And much of the history of personal computing can only be understood in light of this fact.

For instance, we appear to have learned nothing from the GIF debacle. Unisys tried to use software patents to impose a tax on all Internet users, and everyone jumped ship from GIF to other graphics formats — ones supposedly out of the reach of patent trolls. As though anything could be safe from the well-funded and litigious while software patents remain legal. So nearly everyone switched to PNG and the like, and the storm died down. And now format wars rage once more — this time over video codecs.

Patent trolls smell the blood and fear of lucrative, juicy prey: Web users and content providers live in terror, dreading the day when they will have to switch video codecs. As we all know, this is an exceedingly unpleasant process. First, the web browser or server must be lifted on hydraulic jacks. Then, its hood is opened, and greasy mechanics will grimly crank the codec hoist, lifting the old video engine out from its moorings. The vacant compartment must be scrubbed clean of black, sooty HTTP residue before the new codec can be winched into place.

Go out and get a disinfectant spray. If you want altered functionality, someone must physically replace the shafts and gears! The core idiocy of all web format wars lies in the assumption that there must necessarily be a pre-determined, limited set of formats permanently built into a web browser. And the fact that it is nonsense should have been obvious from the beginning, because the idiocy of laboriously-standardized data formats was obvious half a century ago — long before interactive personal computing:.

I just want to tell them to you quickly. I was in the Air Force in , and I saw it in , and it probably goes back one year before. Air training command had to send tapes of many kinds of records around from Air Force base to Air Force base. All you had to do [to] read a tape back in , was to read the front part of a record—one of these big records—into core storage, and start jumping indirect through the pointers, and the procedures were there.

HTML on the Internet has gone back to the dark ages because it presupposes that there should be a browser that should understand its formats. I suspect Microsoft is in the latter camp here.

You just read it in. But basically, you want to be able to distribute all of the knowledge of all the things that are there, and in fact, the Internet is starting to move in that direction as people discover ever more complex HTML formats, ever more intractable. This is one of these mistakes that has been recapitulated every generation. Why exactly does a browser need to ship with any preconceived notions of how to decode video and graphics?

Or audio, or text, for that matter? It is, after all, running on something called a programmable computer. Which is why it is never , ever done! Something not unlike a competently written, non-user-hostile incarnation of Adobe Flash. It goes without saying that this would be a far easier sell were we using a non-braindead CPU architecture — one where buffer overflows and the like are physically impossible.

There is, however, no reason why it could not be built on top of existing systems by competent hands. As for the question of hardware accelerators: FPGA s have become so cheap that there is simply no reason to ship a non-reprogrammable video or audio decoder ever again.

Why pay royalties and fatten patent trolls? Let the act of loading the decoder algorithm — whether a sequence of instructions for a conventional CPU, or an FPGA bitstream — be co-incident with the act of loading the media file to be played. The latter will contain the codec or a hash thereof, for cache lookup as a header.

At present, working around a software patent is difficult only because switching formats takes considerable work and requires some unusual action on the part of variably-literate users. Think of it this way: How is this ideal compatible with your earlier assertions about computer insecurity: Anyhow, I think Curl language is close to your proposed ideal… except that the implementation is proprietary.

So you would have to part with the PC architecture, replacing it with something rather different. And how exactly do you propose to prevent someone from packaging their software as an incomprehensible blob? Have you discovered a programming language in which it is impossible to write obfuscated code? Of course anyone can choose to write obfuscated code.

It is an ethical problem, just like certain others I have discussed. There is some precedent after all: My experience is that all non-trivial software is essentially incomprehensible to essentially all people. It takes far more effort than most people are willing to invest to improve on that. The fact that you frame Turing-completeness as something that makes a piece of software simpler to maintain than a physical machine betrays either some kind of confusion about fundamental concepts in the theory of computability, or ignorance of the complexity of production software, or both.

Now, find the bug in this code you just downloaded:. This is just an example. The actual code you downloaded was probably a different lines written by someone else to do something else.

So, how long do you think it will take to find? Or should we simply hold that there is no reason to believe there is a bug in it, until someone notices it, and the damage is already done? That sounds a lot like where we are now. Good luck convincing them that they should use their time to exert political and economic pressure towards making large-scale changes to the computer industry that would finally put the tools that they have no use for into their hands.

If proprietary plug-ins for existing browsers are your cup of tea, why not use Adobe Flash? It is not my cup of tea. I mention Curl because it is closer to your vision. You can also use a Curl app, that is simply a box that downloads, compiles, and executes Curl code, which seems closer to your vision above. Curl has other properties that make it worth considering.

It supports limited composition — e. Curl app inside a Curl app, via sandboxing. But ars longa vita brevis …. I may or may not have confused Oberon with Inferno.

Once again we need a declarative format. Have the CPU execute S-expressions directly, as discussed in my other posts. These are nicely searchable. No Formats, no Format Wars: And how exactly does search indexing work in your hypothetical utopia? Do I have to run the program and make sure I somehow hit every possible output state?

An HTML page is a program — written in a declarative language. That allows it to also be used as a data format — which give us things like search and simple authoring.

For dynamic content, the problem you mention applies to Javascript too. Not at hour zero, but down the line, when someone thinks of a clever algorithm to run across millions of videos, or wants to build a topology of data from different augmented reality games, or god knows what. Not to imply that browsers and formats necessarily hasten rather than delay such progress. No other solution wove together the web. Passing around native code is analogous to sending a monad, except using the same opaque type for everything.

There is some anticipated environment that the IO can manipulate e. Presumably, the environment could be virtualized for security, same as we currently run OS-inside-OS. While this allows a lot of flexibility for content, it also makes the content opaque to further modification, transclusion, stylization e. It would be extra-difficult to add subtitles to a video, modify for a mobile phone, translate a page of text presented as a 2D canvas, annotate a video stream with meta-content such as time and geographic information and named content e.

I have similar objections to JavaScript. Overuse of JavaScript makes accessibility difficult — e. But I do favor something that can be efficiently reduced to native speeds. Perhaps one solution to the problems of search, translation, annotation, etc. I have spent much time thinking about these and other issues, and cannot yet offer a good answer to all of them. I have objections to any use of JavaScript at all. This language is horrible and to large extent JavaScript is to blame for the sad state of the web.