JoshuaHochmanFirstPaper 4 - 29 Apr 2010 - Main.JoshuaHochman
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META TOPICPARENT | name="FirstPaper" |
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> > | -not finished typing up responses/making first wave of changes.. | | Paper Title
-- By JoshuaHochman - 26 Feb 2010 | |
< < | I don't have an exact quote to start with, but Professor Moglen said something early in the semester that I feel is a good undercurrent for wherever I go with my first paper, as well as for my budding identity as a law school student, lawyer, and adult. There are people smarter than me, more deserving of my seat in his classroom. There are people on other continents that, given the circumstances I was given, would do a better job on this paper, on my piss-poor moot court brief, on last semester’s civil procedure exam... | > > | I don't have an exact quote to start with, but Professor Moglen said something early in the semester that I feel provides a good undercurrent for wherever I go with my first paper, as well as for my budding identity as a law school student, lawyer, and adult. There are people smarter than me, more deserving of my seat in his classroom. There are people on other continents that, given the circumstances I was given, would do a better job on this paper, on my piss-poor moot court brief, on last semester's civil procedure exam... | | | |
< < | My assertion here is that a misplaced sense of entitlement resulting from an assumed national identity plagues contemporary society by confusing responsibilities to our fellow man. My paper will utilize for the sake of example the context of immigration law enforcement in the United States. | > > | My assertion here is that a misplaced sense of entitlement resulting from an assumed national identity plagues contemporary society by confusing responsibilities to our fellow man. My paper will utilize, for the sake of example, the context of immigration law enforcement in the United States. | | But the example wrenches
the idea out of its context. I didn't say that everyone who is | | suddenly become important elements in the analysis, though they have
nothing directly to do with the subject. | |
> > |
I wanted to focus on
unequal barriers, which is where I have found that the borders/immigration
example useful (but obviously not all-encompassing). For gifted individuals
born abroad, 'national identity' and a 'State's power over its borders' create
or reinforce these barriers, do they not? Basically, I am just trying to set
up the perspective that 'national identity' or rather, aspects of how it is
instilled on youths, fosters an unpleasant/unproductive sense of entitlement.
| | Section I - The Insincerity of Identity and the Law
Genetics and religion aside, I don’t believe a rational explanation exists for why I’m here and some other kid with a higher I.Q. and a stronger attention span is farming or fighting or dying a world away.
I don't understand this
sentence. Are genetics and religion rational explanations, and there | |
< < | are no others? Are genetics and religion explanations at all? Do
you mean genetics explains where you are because you are the genetic
descendant of someone else who provided heritable advantages? What
does religion explain? That God wanted you instead of some other
people to have your advantages? | > > | are no others? Are genetics and religion explanations at all? Do you mean
genetics explains where you are because you are the genetic descendant of
someone else who provided heritable advantages? What does religion explain?
That God wanted you instead of some other people to have your advantages?
No, no no, definitely not.
They are far from rational (in my opinion) but they aren't arguments that
I had word count space to refute. They just seem to be ever-present in these
sort of discussions, or wherever nativism rears its head | | | |
< < | What I do believe, however, is that the ‘American’ identity—the one linked to my rights, residence, and quadrennial hockey interest—is secondary to my identity as a man who wants to live righteously. | > > | What I do believe, however, is that the 'American identity,' the one linked to my rights, residence, and quadrennial hockey interest, is secondary to my identity as a man who wants to live righteously. | | Subsection A - The Border | |
< < | Immigrants are different because of where they were born—on the other side of the border. | > > | Immigrants seeking entry to the U.S. are different because of where they were born, on the other side of the border. | | But some citizens are
born on the other side of the border, and grow up there. Are they |
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JoshuaHochmanFirstPaper 3 - 12 Apr 2010 - Main.EbenMoglen
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< < | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | > > | | | Paper Title | | My assertion here is that a misplaced sense of entitlement resulting from an assumed national identity plagues contemporary society by confusing responsibilities to our fellow man. My paper will utilize for the sake of example the context of immigration law enforcement in the United States. | |
> > | But the example wrenches
the idea out of its context. I didn't say that everyone who is
smarter than you are lives outside the boundaries of the United
States, or is a non-citizen. Yet once you've taken the step you take
here, national identity and the State's power over its borders
suddenly become important elements in the analysis, though they have
nothing directly to do with the subject. | | Section I - The Insincerity of Identity and the Law | |
< < | Genetics and religion aside, I don’t believe a rational explanation exists for why I’m here and some other kid with a higher I.Q. and a stronger attention span is farming or fighting or dying a world away. What I do believe, however, is that the ‘American’ identity—the one linked to my rights, residence, and quadrennial hockey interest—is secondary to my identity as a man who wants to live righteously. | > > | Genetics and religion aside, I don’t believe a rational explanation exists for why I’m here and some other kid with a higher I.Q. and a stronger attention span is farming or fighting or dying a world away.
I don't understand this
sentence. Are genetics and religion rational explanations, and there
are no others? Are genetics and religion explanations at all? Do
you mean genetics explains where you are because you are the genetic
descendant of someone else who provided heritable advantages? What
does religion explain? That God wanted you instead of some other
people to have your advantages?
What I do believe, however, is that the ‘American’ identity—the one linked to my rights, residence, and quadrennial hockey interest—is secondary to my identity as a man who wants to live righteously. | | Subsection A - The Border | |
< < | Immigrants are different because of where they were born—on the other side of the border. Border’s originate from natural land formations, wars, conquests and/or agreements whereby two or more groups of people decide that they are different in some unresolvable respect, and they therefore they should live apart. Easily enough, these separated groups cultivate divergent cultures, languages, customs, political traditions, and so on. | > > | Immigrants are different because of where they were born—on the other side of the border.
But some citizens are
born on the other side of the border, and grow up there. Are they
then "different" in the same way that immigrants are different? If
so, then the test of difference between immigrants and citizens won't
work very well; while, if not, the whole idea of the difference
collapses back into white supremacy.
Border’s originate
from natural land formations, wars, conquests and/or agreements whereby two or more groups of people decide that they are different in some unresolvable respect, and they therefore they should live apart.
Surely you're
historically literate enough to recognize that no one ever asks the
people who live along the borders, and that they play no significant
role in any sovereign's choice?
Easily enough, these separated groups cultivate divergent cultures, languages, customs, political traditions, and so on.
Are you sure? The line
between the French and German languages in Europe has been mostly
unchanged in location for a thousand years, but the borders of the
states and dynastic entities have rolled over and back dozens of
times, smartly. | | Subsub 1 - Historical Relevance
Borders endure as long as they are respected. Do ancient military accords really matter when nobody remembers the conditions under which they were signed in the first place? Even in situations where border-creation is well documented, the wars of past generations do not seem as pressing as contemporary struggles across the world. | |
> > | Excuse me? That depends
who you are and how you are situated with respect to "contemporary
struggles across the world." That's not how Partition is viewed
between India and Pakistan, or the events of 1947, 1956, 1967, 1973,
etc. are seen in the arc from Damascus to Cairo. It might be more
accurate to say that the wars of past generations are more pressing
than contemporary events. | | Subsub 2 - Practical Relevance
The practical relevance of the border is that it’s a protective mechanism. Without going into the intricacies of political philosophy, a government is (assumed to be) charged with protecting the welfare of its citizenry, and undertakes. Limiting the size of the citizenry makes it easier for a government to fulfill its responsibilities to its people. | |
> > | This is impractical,
whether relevant or not. Until the day before yesterday, no state in
the world thought that governments should inhibit population growth.
Even the infinitesimal proportion of governments concerned with
fulfilling their responsibilities didn't do so by limiting the size
of the army. The United States, in particular, has been a
beneficiary of constant demographic
expansion. | | Subsection B - The Human Element
The practical relevance of borders is a much stronger defense than any historical line of reasoning, but I do not feel it is impervious to challenge. Specifically, a construction of governmental responsibility that originates outside of a citizen’s mentality—prioritizing the more ‘human sense’ of a government’s purpose being to humanity in general, not just its citizenry—provides a challenge to border mechanics that, while incredibly idealistic, makes much more sense in light of Professor Moglen’s point. | |
> > | This needs to be made
much clearer. I don't know what it means. | | Subsub 1 - Borders are Irrelevant in the Human Element
Assuming that I am not incorrect in concluding that no explanation exists for my life-force materializing on this side of the border, then it follows that I could just as easily have been born on that side. My entitlement to American rights and the protections of the American government is therefore the result of randomness.
Protecting individual rights is important, but a forward-thinking government needs to take into consideration a broader amalgamation of environmental, public health, scientific, and technological concerns to make sure life on earth endures and people have a place to exercise their rights. Although it seems obvious to us, the actions of one may affect the rest of the world. When considering resource management and environmental destruction, it appears to be more ideal for one body of govern as many individuals as possible. | |
> > | Your "of" is supposed to
be "to," I suppose. But this is merely the same basic political
mistake again: that only the centralization of authority enables
sustainable decision-making. This isn't established, it's just
uncritically supposed. | | Section II - A Misguided Focus Within U.S. Immigration Law | |
< < | I am aware that, for some, the above points may be difficult or impossible to see as adaptable. Too much judgment is clouded by a history of entitlement—derived from religion, race, socioeconomic class, etc.—to go anywhere productive, and of course, all governmental platforms are inherently flawed and self-serving because of the (presumably) flawed and self-serving individuals that run them. These extremes do not reflect my exact beliefs, but I do see their logic. | > > | I am aware that, for some, the above points may be difficult or impossible to see as adaptable. Too much judgment is clouded by a history of entitlement—derived from religion, race, socioeconomic class, etc.—to go anywhere productive, and of course, all governmental platforms are inherently flawed and self-serving because of the (presumably) flawed and self-serving individuals that run them. These extremes do not reflect my exact beliefs, but I do see their logic.
I think you mean
"capable of adoption" rather than "adaptable." I don't know why
judgment clouded by history of entitlement can't go anywhere
productive; my experience is that clouded judgment can be found just
about everywhere, so either it is produced comprehensively in situ
or it can move just fine. I thought the point of the rule of law was
that it made government platforms less flawed and self-serving than
the individuals that run them (isn't this "the government of laws and
not of men"?) | |
However, shifting the focus of immigration enforcement away from a platform based on border-protection or identity-driven exclusion, even subtlety, would help resolve several problems with the current U.S. immigration framework. | |
> > | I think you mean
"subtly" rather than "subtlety." A spell-checker seems to be
substituting for actual copy-editing. This is a capital offense.
Couldn't you have left the platform altogether out here? How about:
"We could solve some of our problems with immigration enforcement if
we gave up trying to stop people at the border and deport them after
they arrive"? That seems to be what you meant by the existing
sentence, which is a bit longer and incomparably uglier.
| | Subsection A - Workplace Enforcement is a Flawed Approach
In 1986, Congress enacted the most recent comprehensive immigration law, the Immigration Reform and Control Act (IRCA). With IRCA, it became the official policy of the federal government to enlist U.S. employers to enforce immigration law by verifying worker identity and eligibility at the point of hire. The logic underlying workplace enforcement is that, since a major motivator for migrants in coming to America is the prospect of a more favorable employment situation, that eliminating work opportunities would thus decrease the flow of migrants. | |
> > | No. No sane government
actually attempts to eliminate tax payers. The logic underlying
workplace enforcement is the unproven conviction that immigrants
without working papers displace citizen workers, and the entirely
obvious proposition that increasing the supply of labor drives down
the wages of unskilled and semi-skilled
workers. | | Subsub 1 - The Prevailing Tradition
Workplace history has generally witnessed employers taking advantage of workers. The balance of power traditionally tips in favor of employers, with workers fighting for collective bargaining and occupational safety rights following patterned abuses. Even after these regulations come to passage, the law shifts to a push-pull of fitting individuals into different categories (employee, independent contractor, manager, etc.) in order to deprive workers of certain privileges. This dynamic is preserved when an employer hires a migrant worker. Making it more difficult to find work once the trip has been made forces migrant workers to accept more oppressive, illicit jobs. | |
> > | Why not just say that
employers like vulnerable workers who are easy to underpay and
exploit because they are afraid of government and law enforcement
authorities? | | Subsub 2 - Conflicting Authority and Identity Fraud | |
< < | Furthermore, IRCA’s approach has given rise in recent years to an influx of state and municipal ordinances whereby local legislators have undertaken immigration enforcement initiatives under the guise of employment regulations. Besides presenting preemption questions for courts, an inconsistent web of local immigration policies further marginalizes those individuals in the thoughest situations (as well as creating a confusing enforcement protocol for employers). Additionally, IRCA created a market for fraudulent identity documentation. | > > | Furthermore, IRCA’s approach has given rise in recent years to an influx of state and municipal ordinances whereby local legislators have undertaken immigration enforcement initiatives under the guise of employment regulations. Besides presenting preemption questions for courts, an inconsistent web of local immigration policies further marginalizes those individuals in the thoughest situations (as well as creating a confusing enforcement protocol for employers). Additionally, IRCA created a market for fraudulent identity documentation.
Now there's a
make-weight argument if ever I heard one. So? Raising the legal
drinking age to 21 does the same thing. And? | | Subsection B - Shifting the Focus
One fundamental reason why workplace enforcement doesn’t work is because it relies on identification of individual parties—a task that is exceedingly difficult from the federal or even state level. Workplace identification as a step towards deportation is less helpful to everyone than integrative programming in the vein of hiring centers, temporary work visa programs, medical clinics, etc. | |
> > | The latter measures are
only comparable if you don't want to put "illegal" immigrants out of
the country. To such people, deportation is helpful, and every step
towards deportation is therefore helpful too, while all the "midnight
basketball" in the world is unhelpful because it leaves the "illegal"
immigrants here. If you want to contest that point of view you must
meet it directly, and if you don't want to contest that point of view
you can't pretend to be persuading anybody. | | Subsub 1 - Misreading Integrative Measures
An extremely common argument against integrative measures is that tax dollars are not charity for non-taxpaying citizens. However, are these dollars better spent striving to accommodate, understand, and manage a population that is already here or on the endless cycle of arrest, detain, and deport. While not an final solution, it seems to me that the former is a much more productive use of public attention than the latter. | |
< < |
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< < | # * Set ALLOWTOPICVIEW = TWikiAdminGroup, JoshuaHochman | > > | Surely, the avoidance of
the phrase "final solution" would not have been difficult, and the
benefit would be clear.
It seems to me the essay
has two basic problems: if it is about immigration law it should not
begin with a point tangent to its outer curves, and it should not be
presenting an argument against individual enforcement without a clear
answer for those who believe that people "jumping the line" should be
excluded. If, on the other hand, immigration law is an "example"
only, as the second paragraph states, the discussion is at once too
technical and too inconclusive to establish any proposition that
could be played back into your original enclosing argument. | | | |
< < | Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list | > > | | | \ No newline at end of file |
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JoshuaHochmanFirstPaper 2 - 27 Feb 2010 - Main.JoshuaHochman
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META TOPICPARENT | name="FirstPaper" |
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | -- By JoshuaHochman - 26 Feb 2010 | |
> > | I don't have an exact quote to start with, but Professor Moglen said something early in the semester that I feel is a good undercurrent for wherever I go with my first paper, as well as for my budding identity as a law school student, lawyer, and adult. There are people smarter than me, more deserving of my seat in his classroom. There are people on other continents that, given the circumstances I was given, would do a better job on this paper, on my piss-poor moot court brief, on last semester’s civil procedure exam...
My assertion here is that a misplaced sense of entitlement resulting from an assumed national identity plagues contemporary society by confusing responsibilities to our fellow man. My paper will utilize for the sake of example the context of immigration law enforcement in the United States. | | Section I - The Insincerity of Identity and the Law | |
> > | Genetics and religion aside, I don’t believe a rational explanation exists for why I’m here and some other kid with a higher I.Q. and a stronger attention span is farming or fighting or dying a world away. What I do believe, however, is that the ‘American’ identity—the one linked to my rights, residence, and quadrennial hockey interest—is secondary to my identity as a man who wants to live righteously. | | Subsection A - The Border | |
> > | Immigrants are different because of where they were born—on the other side of the border. Border’s originate from natural land formations, wars, conquests and/or agreements whereby two or more groups of people decide that they are different in some unresolvable respect, and they therefore they should live apart. Easily enough, these separated groups cultivate divergent cultures, languages, customs, political traditions, and so on.
Subsub 1 - Historical Relevance
Borders endure as long as they are respected. Do ancient military accords really matter when nobody remembers the conditions under which they were signed in the first place? Even in situations where border-creation is well documented, the wars of past generations do not seem as pressing as contemporary struggles across the world.
Subsub 2 - Practical Relevance
The practical relevance of the border is that it’s a protective mechanism. Without going into the intricacies of political philosophy, a government is (assumed to be) charged with protecting the welfare of its citizenry, and undertakes. Limiting the size of the citizenry makes it easier for a government to fulfill its responsibilities to its people. | | | |
< < | Subsub 1 The | > > | Subsection B - The Human Element | | | |
< < | Subsection B | > > | The practical relevance of borders is a much stronger defense than any historical line of reasoning, but I do not feel it is impervious to challenge. Specifically, a construction of governmental responsibility that originates outside of a citizen’s mentality—prioritizing the more ‘human sense’ of a government’s purpose being to humanity in general, not just its citizenry—provides a challenge to border mechanics that, while incredibly idealistic, makes much more sense in light of Professor Moglen’s point. | | | |
> > | Subsub 1 - Borders are Irrelevant in the Human Element | | | |
< < | Subsub 1 | > > | Assuming that I am not incorrect in concluding that no explanation exists for my life-force materializing on this side of the border, then it follows that I could just as easily have been born on that side. My entitlement to American rights and the protections of the American government is therefore the result of randomness. | | | |
> > | Protecting individual rights is important, but a forward-thinking government needs to take into consideration a broader amalgamation of environmental, public health, scientific, and technological concerns to make sure life on earth endures and people have a place to exercise their rights. Although it seems obvious to us, the actions of one may affect the rest of the world. When considering resource management and environmental destruction, it appears to be more ideal for one body of govern as many individuals as possible. | | | |
< < | Subsub 2 | > > | Section II - A Misguided Focus Within U.S. Immigration Law | | | |
> > | I am aware that, for some, the above points may be difficult or impossible to see as adaptable. Too much judgment is clouded by a history of entitlement—derived from religion, race, socioeconomic class, etc.—to go anywhere productive, and of course, all governmental platforms are inherently flawed and self-serving because of the (presumably) flawed and self-serving individuals that run them. These extremes do not reflect my exact beliefs, but I do see their logic. | | | |
> > | However, shifting the focus of immigration enforcement away from a platform based on border-protection or identity-driven exclusion, even subtlety, would help resolve several problems with the current U.S. immigration framework. | | | |
< < | Section II | > > | Subsection A - Workplace Enforcement is a Flawed Approach | | | |
< < | Subsection A | > > | In 1986, Congress enacted the most recent comprehensive immigration law, the Immigration Reform and Control Act (IRCA). With IRCA, it became the official policy of the federal government to enlist U.S. employers to enforce immigration law by verifying worker identity and eligibility at the point of hire. The logic underlying workplace enforcement is that, since a major motivator for migrants in coming to America is the prospect of a more favorable employment situation, that eliminating work opportunities would thus decrease the flow of migrants. | | | |
< < | Subsection B | > > | Subsub 1 - The Prevailing Tradition | | | |
> > | Workplace history has generally witnessed employers taking advantage of workers. The balance of power traditionally tips in favor of employers, with workers fighting for collective bargaining and occupational safety rights following patterned abuses. Even after these regulations come to passage, the law shifts to a push-pull of fitting individuals into different categories (employee, independent contractor, manager, etc.) in order to deprive workers of certain privileges. This dynamic is preserved when an employer hires a migrant worker. Making it more difficult to find work once the trip has been made forces migrant workers to accept more oppressive, illicit jobs. | | | |
> > | Subsub 2 - Conflicting Authority and Identity Fraud
Furthermore, IRCA’s approach has given rise in recent years to an influx of state and municipal ordinances whereby local legislators have undertaken immigration enforcement initiatives under the guise of employment regulations. Besides presenting preemption questions for courts, an inconsistent web of local immigration policies further marginalizes those individuals in the thoughest situations (as well as creating a confusing enforcement protocol for employers). Additionally, IRCA created a market for fraudulent identity documentation.
Subsection B - Shifting the Focus
One fundamental reason why workplace enforcement doesn’t work is because it relies on identification of individual parties—a task that is exceedingly difficult from the federal or even state level. Workplace identification as a step towards deportation is less helpful to everyone than integrative programming in the vein of hiring centers, temporary work visa programs, medical clinics, etc.
Subsub 1 - Misreading Integrative Measures
An extremely common argument against integrative measures is that tax dollars are not charity for non-taxpaying citizens. However, are these dollars better spent striving to accommodate, understand, and manage a population that is already here or on the endless cycle of arrest, detain, and deport. While not an final solution, it seems to me that the former is a much more productive use of public attention than the latter. | |
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< < | You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" on the next line: | > > | | | # * Set ALLOWTOPICVIEW = TWikiAdminGroup, JoshuaHochman |
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JoshuaHochmanFirstPaper 1 - 26 Feb 2010 - Main.JoshuaHochman
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META TOPICPARENT | name="FirstPaper" |
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Paper Title
-- By JoshuaHochman - 26 Feb 2010
Section I - The Insincerity of Identity and the Law
Subsection A - The Border
Subsub 1 The
Subsection B
Subsub 1
Subsub 2
Section II
Subsection A
Subsection B
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" on the next line:
# * Set ALLOWTOPICVIEW = TWikiAdminGroup, JoshuaHochman
Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list |
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