A Community of Equals

by Owen M. Fiss, Joshua Cohen, Joel Rogers

The acute desire to close American borders to new arrivals, mostly persons of color from developing countries, has surfaced in school board gatherings, town hall meetings, gubernatorial races, even presidential elections. . . . Does America still see itself as the 'land of immigrants'? Why not . . . invest in the survival and progress of all immigrants?--Edwidge Danticat, from the Foreword

In this timely book, Owen Fiss examines the paradox of new immigrants being stripped of their rights within a democracy committed to equality. Arguing that it is in the interest of all of us-citizens and citizens-to-be-to live up to the promise of our Constitution, Fiss challenges the courts to invoke the courage they once brought to landmark civil rights cases and to apply it now to preserve a community of equals. Distinguished scholars and activists respond and debate the implications of Fiss's argument.

The New Democracy Forum is a series of short paperback originals exploring creative solutions to our most urgent national concerns.

128 pages, Paperback

First published May 1, 1999

About the author

Owen Fiss is Sterling Professor Emeritus of Law of Yale University. He was educated at Dartmouth, Oxford, and Harvard. He clerked for Thurgood Marshall (when Marshall was a judge of the United States Court of Appeals for the Second Circuit) and later for Justice William J. Brennan, Jr. He also served in the Civil Rights Division of the Department of Justice. Before coming to Yale, Professor Fiss taught at the University of Chicago. At Yale he teaches procedure, legal theory, and constitutional law and is the author of many articles and books on these subjects.

Reviews

[Corinne G · Rating 4 out of 5]

Published in 1999 and calls these “dark and difficult days” in terms of immigration policy, benefits, and rights. Essay written by Owen Fiss worried that the current state of immigration policy marks them as a caste of pariahs. In a series of responses, contributors from misted opinions weigh his ideas , some arguing for open boarders and some stating complete boarder control is the only solution. A pertinent read for todays climate, and puts a perspective on how far our idea of “extreme” has shifted.