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Articles 1 - 7 of 7
Full-Text Articles in Law
The End Of Citizenship?, Jonathan Weinberg
The End Of Citizenship?, Jonathan Weinberg
Michigan Law Review
Part I of this Review challenges his view that the value of American citizenship is in decline. Part II critiques his discussion of the lines drawn by citizenship law-who is or can become a citizen-and what those lines mean for the nature of citizenship in the modem age. This Part urges that the lack of fit between our citizenship rules and the goal of organic community is hardly new; it was a feature of our citizenship law long before current globalization trends. Part III discusses the meaning of citizenship, and the basis for citizenship and immigration exclusions, in the context …
Revisiting Germany's Residenzpflicht In Light Of Modern E.U. Asylum Law, Paul Mcdonough
Revisiting Germany's Residenzpflicht In Light Of Modern E.U. Asylum Law, Paul Mcdonough
Michigan Journal of International Law
This Note explores whether the E.C. treaties, nonetheless, provide the European Court of Justice (ECJ) sufficient competence to use the Reception Directive as a vehicle to assess the Residenzpflicht in relation to the Refugee Convention. It concludes that, through the Residenzpflicht, Germany denies refugees lawfully present their Convention right to free movement within its territory, and that the ECJ can order the restoration of this right.
Transnational Families In Crisis: An Analysis Of The Domestic Violence Rule In E.U. Free Movement Law, Adam Weiss
Transnational Families In Crisis: An Analysis Of The Domestic Violence Rule In E.U. Free Movement Law, Adam Weiss
Michigan Journal of International Law
This Essay analyzes a concrete rule of European law that has emerged to address the problem of domestic violence within certain transnational families. The domestic violence rule is found in Article 13 of the European Community Free Movement Directive (the Directive), legislation that governs the rights of E.U. citizens and their family members to enter and reside in other E.U. Member States.6 The rule affects the rights of a discrete group: non-E.U. ("third-country national") family members of migrant E.U. citizens, that is, E.U. citizens who have moved to another E.U. Member State (the "host State") to exercise residence rights there. …
Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris
Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris
Michigan Journal of Gender & Law
This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …
The Shifting Border Of Immigration Regulation, Ayelet Shachar
The Shifting Border Of Immigration Regulation, Ayelet Shachar
Michigan Journal of International Law
While American immigration law is still largely informed by the doctrine of plenary power, which holds that "[a]dmission to the United States is a privilege granted by the sovereign" (as the Supreme Court asserted in Knauff more than fifty years ago), what has dramatically changed in recent years is the location of "our gates," which no longer stand at the country's territorial edges. Instead, the border itself has become a moving barrier, a legal construct that is not tightly fixed to territorial benchmarks. This shifting border of immigration regulation, as we might call it, is selectively utilized by national …
Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt
Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt
Michigan Journal of International Law
Part I of this Essay provides an overview of the rural-to-urban migration phenomenon, a trend the author calls the urban juggernaut. This Part includes a discussion of forces compelling the migration, and it also considers consequences for those who are left behind when their family members and neighbors migrate to cities. Part II explores women's roles in food production in the developing world, and it considers the extent to which international development efforts encourage or entail urbanization. Part III attends to the potential of human rights for this population, analyzing the Convention on the Elimination of All Forms of Discrimination …
Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr
Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr
Articles
United States immigration law and procedure frequently ignore the plight of children directly affected by immigration proceedings. This ignorance means decision-makers often lack the discretion to protect a child from persecution by halting the deportation of a parent, while parents must choose between abandoning their children in a foreign land and risking the torture of their children. United States immigration law systematically fails to consider the best interests of children directly affected by immigration proceedings. This failure has resulted in a split among the federal circuit courts of appeals regarding whether the persecution a child faces may be used to …