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Articles 1 - 30 of 82
Full-Text Articles in Law
Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg
Helm's School of Government Conference - American Revival: Citizenship & Virtue
History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?
The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.
This work analyzes the interaction between the Chinese government …
Humanitarian Protection In International Refugee Law, Sexism And Exclusion: Case For Human Rights Assessment, Carol Ijeoma Njoku
Humanitarian Protection In International Refugee Law, Sexism And Exclusion: Case For Human Rights Assessment, Carol Ijeoma Njoku
Theses and Dissertations
The overall purpose of the 1951 Convention Relating to the Status of Refugee (Refugee Convention) and its 1967 Protocol is to protect refugees fleeing persecution and threat to life. Established in the aftermath of World War II (WW II), Article 1. A(1) of the Refugee Convention centered the meaning and criteria for refugee protection on the circumstances of the War. Thus, the status of a refugee is framed from persecution feared or suffered “on account of” race, religion, nationality, political opinion, and membership in a particular social group. More than seven decades after WW II, the scope of the definition …
Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim
Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim
Northwestern Journal of Law & Social Policy
Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers’ subjective fear …
A Few Grains Of Incense: Law, Religion, And Politics From The Perspective Of The "Christian" And "Pagan" Dispensations, Paul Horwitz
A Few Grains Of Incense: Law, Religion, And Politics From The Perspective Of The "Christian" And "Pagan" Dispensations, Paul Horwitz
Journal of Catholic Legal Studies
(Excerpt)
The pleasures of reading Steven D. Smith’s writing are varied and immense. That certainly holds true for his substantial new book, Pagans and Christians in the City. As with so much of his work, Smith’s argument is presented simply and calmly, and with such mild wit and irony as to be seductive. Yet there is no question that in this book as elsewhere, Smith is unafraid of, and even courts, disagreement and controversy. With a book as seemingly panoptic as this, the real challenge is deciding which part of the book to push and poke at.
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden
Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Fatma Marouf
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Faculty Scholarship
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D.
Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D.
Catholic University Law Review
Amid the largest refugee crisis in history, noncitizens fleeing persecution are routinely barred from applying for asylum in the United States solely because they have a reinstated order of removal. This bar to asylum access is mandated by federal regulation, and it applies indiscriminately—regardless of whether the asylum seeker was persecuted after her initial removal order was entered or whether her initial removal was based on one of the numerous, well-documented errors border patrol officers make when issuing removal orders.
This Article is the first academic piece to examine this regulation's statutory basis, including its legislative history and its troubling …
Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School Of Law
Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law
Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow
A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow
Catholic University Law Review
For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the elements needed …
Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law
Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Michigan Guidelines On Risk For Reasons Of Political Opinion
The Michigan Guidelines On Risk For Reasons Of Political Opinion
Michigan Journal of International Law
The Convention relating to the Status of Refugees (“Convention”) recognizes as refugees those who, owing to a well-founded fear of being persecuted on the basis of inter alia “political opinion,” are unable or unwilling to avail themselves of the protection of their home country
Applying The U.S. Constitution To Foreign Asylum Seekers: Exposing A Curious, Inconsistent Practice In The Federal Courts, Shalini Bhargava Ray
Applying The U.S. Constitution To Foreign Asylum Seekers: Exposing A Curious, Inconsistent Practice In The Federal Courts, Shalini Bhargava Ray
Marquette Law Review
Asylum law is based on an international treaty, but federal courts routinely invoke U.S. constitutional norms in adjudicating asylum claims. Specifically, they rely on constitutional norms when gauging whether an asylum applicant has suffered harm amounting to “persecution” and whether the harm was inflicted “on account of” a protected characteristic, such as political opinion or religion. In a close analysis of this unusual practice, this Article argues that federal courts have come to inconsistent, and often incompatible, conclusions regarding the use of constitutional norms in the analysis of asylum claims: principally, on whether constitutional norms establish sufficient, insufficient, necessary, or …
Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler
Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler
Senior Honors Theses
As a nation founded on religious freedom, it is the duty of the United States to recognize those who stand up for these beliefs across the world in solidarity. International persecution of Christians has dramatically increased due to the spread of radical Islam throughout the world, particularly in South Asia. By means of active, violent persecution as well as more passive forms of aggression, daily life for Pakistani Christians is both challenging and dangerous. While there is no easy solution to this issue, it is essential to continue advocating for those facing persecution and punish the oppressors. The American church …
Asylum Discord: Disparities In Persecution Assessments, Scott Rempell
Asylum Discord: Disparities In Persecution Assessments, Scott Rempell
Nevada Law Journal
No abstract provided.
Assessing The Board Of Immigration Appeals' Social Visibility Doctrine In The Context Of Human Trafficking, Kathleen M. Mallon
Assessing The Board Of Immigration Appeals' Social Visibility Doctrine In The Context Of Human Trafficking, Kathleen M. Mallon
Chicago-Kent Law Review
United States asylum law provides individuals who have been persecuted in their country of origin with residency in the United States. Membership in a “particular social group” (PSG) confers refugee status on individuals applying for asylum in the United States. The Board of Immigration Appeals (BIA) initially defined a PSG as a group composed of members who all share an immutable characteristic, that is, an unchangeable characteristic or one so fundamental to an individual’s identity that they should not be required to change it. This test functioned well for over a decade; however, the BIA added an additional requirement to …
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries, Asma T. Uddin
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries, Asma T. Uddin
Chicago-Kent Law Review
Many Muslim-majority countries do not provide adequate protection for dissent of any sorts—religious, social, or political. In the realm of religious dissent, these countries persecute not just non-Muslims, but in fact, the persecution is harshest and most frequent against Muslim dissenters. This paper explores how protection for intragroup dissent in these countries is the first and most crucial step in protecting dissent more broadly and lays out both the current state of affairs and several avenues for reform.
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 …
The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson
The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson
International Law Studies
No abstract provided.
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Rodger Citron
This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.
International Criminal Justice, The Gotovina Judgment And The Making Of Refugees, Gregor Noll, Rosemary Byrne
International Criminal Justice, The Gotovina Judgment And The Making Of Refugees, Gregor Noll, Rosemary Byrne
Gregor Noll
In this paper, we shall present two interlocking arguments, both drawing on a distinction between formal and substantive models of justice. In a first step, we depart from the accepted presumptions about the formal delivery of international criminal justice and its capacities to deliver peace and security, to consider how alternative views on the legitimacy of international criminal tribunals and retributive justice present some far more unsettling perspectives about the performance and promise of these nascent courts. If these issues are taken seriously, then one should reconsider whether international trials are able to deliver the broader forms of substantive justice …
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Touro Law Review
This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.
You Can’T Go Home Again: Analyzing An Asylum Applicant’S Voluntary Return Trip To His Country Of Origin, Brett C. Rowan
You Can’T Go Home Again: Analyzing An Asylum Applicant’S Voluntary Return Trip To His Country Of Origin, Brett C. Rowan
Catholic University Law Review
No abstract provided.
The Michigan Guidelines On The Exclusion Of International Criminals
The Michigan Guidelines On The Exclusion Of International Criminals
Michigan Journal of International Law
With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …
Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond
Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond
Michigan Journal of International Law
The focus of this contribution is Article 1(F)(a), a section of the exclusion clause that has increased in both use and profile in recent years. Article 1(F)(a) applies to individuals who may be implicated in crimes against peace (more commonly known today as crimes of aggression), war crimes, or crimes against humanity as such crimes are defined in relevant international instruments. Where a decision maker finds that “there are serious reasons for considering that” an asylum seeker has committed one of these acts, the remainder of the Refugee Convention does not apply, and any protections to which the claimant would …
A Cost-Benefit Analysis Of Religious Persecution: Casting Up A Dread Balance Sheet, R. George Wright
A Cost-Benefit Analysis Of Religious Persecution: Casting Up A Dread Balance Sheet, R. George Wright
University of Richmond Law Review
No abstract provided.
Seeking Asylum For Former Child Soldiers And Victims Of Human Trafficking, Tina Javaherian
Seeking Asylum For Former Child Soldiers And Victims Of Human Trafficking, Tina Javaherian
Pepperdine Law Review
No abstract provided.
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.