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The real American court: immigration courts and the ecology of reform

Description
Immigration courts fail to live up to courtroom ideals. Around 2009, proposals were offered to address the problems of these troubled courts. My study illustrates the inevitable linkage between court reform proposals and conceptions of fairness and efficiency, and ultimately justice. I ask: (1) From the perspective of attorneys defending…

Immigration courts fail to live up to courtroom ideals. Around 2009, proposals were offered to address the problems of these troubled courts. My study illustrates the inevitable linkage between court reform proposals and conceptions of fairness and efficiency, and ultimately justice. I ask: (1) From the perspective of attorneys defending immigrants' rights, what are the obstacles to justice? How should they be addressed? And (2) How do proposals speak to these attorneys' concerns and proposed resolutions? The proposals reviewed generally favor restructuring the court. On the other hand, immigration (cause) lawyers remain unconvinced that current proposals to reform the courts' structure would be successful at addressing the pivotal issues of these courts: confounding laws and problematic personnel. They are particularly concerned about the legal needs and rights of immigrants and how reforms may affect their current and potential clients. With this in mind, they prefer incremental changes - such as extending pro bono programs - to the system. These findings suggest the importance of professional location in conceptualizing justice through law. They offer rich ground for theorizing about courts and politics, and justice in immigration adjudication.
ContributorsAbbott, Katherine R (Author) / Provine, Doris M. (Thesis advisor) / Cruz, Evelyn H. (Committee member) / Johnson, John M. (Committee member) / Zatz, Marjorie S. (Committee member) / Arizona State University (Publisher)
Created2013
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Challenges, inertia, and corruption in the Mexican federal judiciary

Description
This thesis examines the Mexican federal judiciary and the problem of corruption in this institution, particularly related to cases of drug trafficking. Given the clandestine nature of corruption and the complexities of this investigation, ethnographic methods were used to collect data. I conducted fieldwork as a "returning member" to the…

This thesis examines the Mexican federal judiciary and the problem of corruption in this institution, particularly related to cases of drug trafficking. Given the clandestine nature of corruption and the complexities of this investigation, ethnographic methods were used to collect data. I conducted fieldwork as a "returning member" to the site under study, based on my former experience and interaction with the federal judicial system. I interviewed 45 individuals who work in the federal courts in six different Mexican cities. I also studied case files associated with an important criminal trial of suspected narco-traffickers known in Mexico as "El Michoacanazo." My study reveals the complicated nature of judicial corruption and how it can occur under certain circumstances. I conclude that the Mexican federal judiciary has become a more professional, efficient, and trustworthy institution over the past fifteen years, though institutionalized practices such as nepotism, cronyism, personal abuse of power, and gender inequalities still exist, tending to thwart the full professionalization of these courts and facilitating instances of misconduct and corruption. Although structural factors prevent full professionalization and corruption does occur in these courts, the system works better than it ever has before.
ContributorsFerreyra Orozco, Gabriel (Author) / Provine, Doris M. (Thesis advisor) / Johnson, John M. (Committee member) / Warner, Carolyn M. (Committee member) / Arizona State University (Publisher)
Created2012