How Their Laws Affect our Laws
Mechanisms of Immigration Policy Diffusion in the Americas, 1790-2010
Bibliographic Data
| ID | 4084248 |
|---|---|
| Authors | David Cook-Martín (0000-0001-8459-4720), David Scott Fitzgerald (0000-0002-1461-4324) |
| Year | 2019 |
| Volume | 53 |
| Issue | 1 |
| Pages | 41-76 |
| Publication date | 2019-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1111/lasr.12394 |
| OpenAlex | W2913115988 |
| Language | EN |
| Citations received | 10 |
| References cited | 80 |
Why do laws become similar across countries? Is the adoption of similar laws and policies due to factors operating independently within each country? Do countries develop similar rules in response to similar challenges? Or is the similarity of laws and policies due to the interdependent responses that scholars have referred to as processes of policy convergence, transfer, and diffusion? We draw on an analysis of immigration and nationality laws of 22 countries throughout the Western Hemisphere from 1790 to 2010, and of seven case studies of national and international policymaking, to show that policies are often interdependent, even in the domain of immigration law, which scholars have presumed to be relatively immune to external influence. We argue that specific mechanisms of diffusion explain the rise of racist immigration policies in the Americas, their subsequent decline, and the rise of an anti-discriminatory norm for policies. Most striking among our findings is that at key junctures after 1940, weaker countries effectively advanced an anti-discriminatory policy agenda against the desires of world powers. We identify the conditions under which weaker countries were able to reach their goals despite opposition from world powers
Convergence (economics · Development economics · Economic growth · Economics · Immigration · Immigration law · Immigration policy · Interdependence · Nationality · Norm (philosophy · Opposition (politics · Political economy · Political science · Politics · International Development and Aid · Law · Policy Transfer and Learning · Social Policy and Reform Studies
The persistence of the security paradigm in the regulation of entry requirements in the Chilean immigration law
Global Division of Responsibility Sharing
Between liberal legislation and preventive political practice
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Temp Nations? A Research Agenda on Migration, Temporariness, and Membership
A grammar of institutions for complex legal topics
The Diffusion of Exclusion
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How does policy change at the street level? Local knowledge, a community of practice and EU visa policy implementation in Morocco
Sojourners, Not Settlers
Strangers in the Land Patterns of American Nativism 1800-1925
Civic Ideals
National Colors
Deportation Nation
Citizenship and Migration
The Universal Declaration of Human Rights
Citizenship and Nationhood in France and Germany
Dividing Lines
Migration and Mobility in the European Union
Decolonization and the Evolution of International Human Rights
Selecting by Origin
Hour of Eugenics
Racecraft
How to Be French
Cousins and Strangers
Challenge to the Nation-State
Culling the Masses
Dual Nationality, Social Rights and Federal Citizenship in the U.S. and Europe
Drawing the Global Colour Line
Immigrant America
Process Tracing
Exporting Japan
Social Identity
Chinese emigration in global context, 1850–1940
A transnational history of immigration restriction
Power and Prejudice
Social Science and Diffusion of Law
Modes of Immigration Politics in Liberal Democratic States
Eyes Off the Prize
The Evolution of International Human Rights
Japan, Race, and Equality
Uncovering European Union Immigration Legislation
Legal Transfers of Restrictive Immigration Laws
Human Rights and the United Nations
Can you become one of us? A historical comparison of legal selection of ‘assimilable’ immigrants in Europe and the Americas
Geographic Diffusion and the Transformation of the Postcommunist World
Theories of Policy Diffusion Lessons from Latin American Pension Reform
Globalization, harmonization, and competition
The international sources of policy convergence
The power of functionalist extension
Introduction
Introduction
Learning from Abroad
Who Learns from What in Policy Diffusion Processes
What Is Policy Convergence and What Causes It
On Waves, Clusters, and Diffusion
Mobilizing policy
The Iron Cage Revisited
The Global Rise of Democracy
International Migration
Diffusion, Development, and Democracy, 1800-1999
The Rise of the Nation-State across the World, 1816 to 2001
International Migration at the Dawn of the Twenty-First Century
Immigration Policy Prior to the 1930s
Racism and Empire
The Globalization of Liberalization
Why Not the Whole World? Ethical Dilemmas of Immigration Policy
A cross-border perspective on migration
Liberalism and the Limits of Inclusion
The Congress, the Executive and Intermestic Affairs
Moving beyond the Policy of No Policy
Race and Nation in Modern Latin America
Immigration, Citizenship, and the Nation-State in France and Germany
Adding Social Structure to Diffusion Models
The Global Diffusion of Public Policies
Globalization of Law
Law and the American State
Sequence Analysis
Three Fragments From a Sociologist's Notebooks
Ubiquity and Legitimacy
World Society and the Nation-State
Radical moves
A comparativist manifesto for international migration studies
Institutional conditions for diffusion
| Unique citing works | 10 |
|---|---|
| Citations per year | 1,43 |
| Citation span | 2019 - 2026 (8) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 10 |