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Articles 1 - 12 of 12
Full-Text Articles in Entire DC Network
Treatment Of The Mentally Ill In The U.S. Gilded Age, Madeline Whelan
Treatment Of The Mentally Ill In The U.S. Gilded Age, Madeline Whelan
Honors Program Theses and Projects
The maltreatment of the working class and immigrants was quite prominent throughout the Gilded Age of the United States. The endless capitalist desires of a growing industrial nation often left American laborers at the mercy of corporations and businessmen. Workers endured strenuous labor, hazardous work environments, and unjust management; yet, earned barely enough money to pay for their rent, let alone food and other necessities. Immigrants flooded the country with hopes of securing profit for their relatives back home, only to encounter inhumane working conditions and prejudice from nativists. As the distribution of wealth between laborers and the middle and …
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Scholarly Articles
Congress intended that the serious nonpolitical crime bar under United States asylum law have the same meaning and scope as the 1F(b) Refugee Convention exclusion clause. The Supreme Court has repeatedly held that it was the intent of Congress to not only replicate the language of the provisions of the Refugee Convention in United States law, but to incorporate the full extent of the meaning of such language and bring the United States into compliance with its treaty obligations. Accordingly, when Congress reproduced exactly the language of the Article 1F(b) exclusion clause in the INA, it intended for that provision …
Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton
Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton
Elisabeth Haub School of Law Faculty Publications
In nearly three years in office, President Donald J. Trump’s war against immigrants and the foreign-born seems only to have intensified. Through a series of Executive Branch actions and policies rather than legislation, the Trump Administration has targeted immigrants and visitors from Muslim-majority countries, imposed quotas on and drastically reduced the independence of Immigration Court Judges, cut the number of refugees admitted by more than 80%, cancelled DACA (Deferred Action for Childhood Arrivals), and stationed Immigration Customs and Enforcement (“ICE”) agents at state courtrooms to arrest unauthorized immigrants, intimidating them from participating as witnesses and litigants. Although initially saying that …
Home Sweet Home: Domesticity In English And Scottish Insane Asylums, 1890-1914, Vesna Curlic
Home Sweet Home: Domesticity In English And Scottish Insane Asylums, 1890-1914, Vesna Curlic
Electronic Thesis and Dissertation Repository
This thesis considers the implementation of domestic aesthetics and activities in the insane asylum at the end of the nineteenth century. Doctors sought to bring elements of the Victorian home into the asylum as part of a modern, humane regime of mental healthcare, which I call “institutional domesticity.” I argue that this process was fraught with challenges. While implementation of domesticity was relatively successful in regard to asylum activities, like labour and employment, domesticity reached its limitations in the physical asylum space. Ultimately, this thesis demonstrates the ways in which all asylum actors, including patients, staff, community members, and the …
Xenophobia Towards Asylum Seekers: A Survey Of Social Theories, Michelle A. Peterie, David A. Neil
Xenophobia Towards Asylum Seekers: A Survey Of Social Theories, Michelle A. Peterie, David A. Neil
Faculty of Law, Humanities and the Arts - Papers (Archive)
In recent decades, there has been a global rise in fear and hostility towards asylum seekers. Xenophobia - or 'fear of the stranger' - has become a pressing issue in a range of disciplines. Several causal models have been proposed to explain this fear and the hostility it produces. However, disciplinary boundaries have limited productive dialogue between these approaches. This article draws connections between four of the main theories that have been advanced in the existing literature: (1) false belief accounts, (2) xenophobia as new racism, (3) sociobiological explanations and (4) xenophobia as an effect of capitalist globalisation. While this …
Multiple Nationality And Refugees, Jon Bauer
Multiple Nationality And Refugees, Jon Bauer
Vanderbilt Journal of Transnational Law
Persons with more than one nationality ("multiple nationals") who flee persecution in their home country may have compelling reasons to seek asylum elsewhere rather than go to a second country of nationality where they have no ties or face serious hardships. The 1951 U.N. Convention Relating to the Status of Refugees, however, expressly makes them ineligible for refugee status unless they have a well-founded fear of being persecuted in all their countries of nationality. The U.S. Refugee Act omits this exclusionary language but nonetheless has been read by immigration agencies as if it incorporated the Convention's approach. This Article challenges …
Bereft: War, Grief And Experiences Of The Asylum, 1915 - 1935, Jennifer Roberts
Bereft: War, Grief And Experiences Of The Asylum, 1915 - 1935, Jennifer Roberts
University of Wollongong Thesis Collection 1954-2016
This thesis is an empirical social history of grief and mental illness among Australian parents who suffered bereavement within the context of one of the greatest tragedies in modern history, the Great War of 1914-1918, and its aftermath. It locates the extremities of the wartime loss within the public mental asylum, and uses a fluid definition of bereavement to demonstrate its complexity. It addresses ways in which the public and private domains intersected in the inter-war years, as both medical professionals and individual families attempted to provide care for those psychologically traumatised by the war, and the factors that could …
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
University of Miami International and Comparative Law Review
No abstract provided.
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
Georgetown Law Faculty Publications and Other Works
The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed, leaves asylum …
Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman
Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman
Michigan Journal of International Law
This Article suggests that the rationale underlying the Nazi persecution and genocide provisions of the Immigration and Nationality Act should be extended to all cases where aliens have participated in gross human rights violations. Quite simply, the logic underlying these provisions applies with equal rigor and intensity to all forms of human rights violations regardless of where or when they took place. Immigration relief is truly a priceless treasure. The United States should not become a haven for those aliens who have violated the most fundamental norms of international human rights law. Accordingly, immigration relief must not be provided to …
Immigration And Naturalization Service V. Doherty: The Politics Of Extradition, Deportation, And Asylum, Jennifer M. Corey
Immigration And Naturalization Service V. Doherty: The Politics Of Extradition, Deportation, And Asylum, Jennifer M. Corey
Maryland Journal of International Law
No abstract provided.
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …