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The statutory authorities to remove and to review appeals of removal assigned in the Immigration and Refugee Protection Act (IRPA) exist in a complicated, interweaving relationship with the legal power to sentence held by judges of the criminal court. Judges do not retain the legal authority to decide on removal. Judges do, however, hold the jurisdiction to consider deportation at sentencing. The practice of judicial jurisdiction in turn has potentially significant effects for subsequent practices of jurisdiction under the IRPA, including where judges use their legal power to apply sentences protecting permanent residents from removal and/or losing their right of appeal. Despite these important jurisdictional connections, how judicial authority to consider deportation is enacted has not received scholarly examination. This paper draws from an analysis of case law and interviews to address this gap, tracing how judges practice their jurisdiction when sentencing permanent residents.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
This paper describes a simpler way for programmers to reason about the correctness of their code. The study of semantics of logic programs has shown strong links between the model theoretic semantics (truth and falsity of atoms in the programmer's interpretation of a program), procedural semantics (for example, SLD resolution) and fixpoint semantics (which is useful for program analysis and alternative execution mechanisms). Most of this work assumes that intended interpretations are two-valued: a ground atom is true (and should succeed according to the procedural semantics) or false (and should not succeed). In reality, intended interpretations are less precise. Programmers consider that some atoms “should not occur” or are “ill-typed” or “inadmissible”. Programmers don't know and don't care whether such atoms succeed. In this paper we propose a three-valued semantics for (essentially) pure Prolog programs with (ground) negation as failure which reflects this. The semantics of Fitting is similar but only associates the third truth value with non-termination. We provide tools to reason about correctness of programs without the need for unnatural precision or undue restrictions on programming style. As well as theoretical results, we provide a programmer-oriented synopsis. This work has come out of work on declarative debugging, where it has been recognised that inadmissible calls are important.
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