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Full-Text Articles in Law

Introduction To The Refugee Law Forum, Joan Fitzpatrick Jan 2003

Introduction To The Refugee Law Forum, Joan Fitzpatrick

Washington International Law Journal

The ripple effects on refugee protection from the events of August and September 2001, arising out of the rescue at sea of 433 asylum seekers by the M/V Tampa, have been substantial. It is too early to determine whether they will be as profound and as corrosive as the impact of the terrorist attacks of September 11, 2001 on other intemational legal norms, including those relating to preventive detention and to "securitizing international migration."' Australia's actions with respect to the Tampa and subsequent intercepted vessels, and its September 2001 legislation, establish a framework in which asylum seekers who arrive …


The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee Jan 2003

The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee

Washington International Law Journal

Australia's Migration Act explicitly permits the government to detain non-citizens seeking entry without visas, including those who request asylum. Detainees wait up to five years for their immigration claims to be processed in detention centers managed by Australasian Correctional Management ("ACM"), a subsidiary of U.S. corporation Wackenhut Corrections. Arriving asylum-seekers often suffer the lasting effects of torture, threats of death, and other traumatic conditions-effects that are exacerbated by detention conditions. This Comment emphasizes detention's effects on children, who suffer health and other problems while detained. Detainees, Australian citizens, and overseas commentators are now protesting against the detention policy. The government's …


Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote Jan 2003

Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote

Articles

Over the past two years I have become so heavily involved in the justice system reform discussions - in particular the discussions regarding legal training - that it would be nearly impossible for me to address the assigned topic of reform from a detached perspective. Rather than attempt to do so, I will offer certain personal impressions of the reforms, with particular reference to legal education.


Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote Jan 2003

Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote

Chapters in Books

This essay was published in 2003, in Japanese, as my contribution to a tribute volume honoring Nozaki Ayako, a Ph.D. candidate at The University of Tokyo who passed away suddenly earlier that year. In an article she published in 1999, Nozaki had offered a thoughtful, perceptive critique of an article I had published four years before, dealing with the resolution of traffic accident disputes in Japan. Her article led me to reflect on the reasons for the difference in our views; and that in turn led to this essay. As indicated in the title, two key themes of this essay …