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Conclusion: 'If You Don't Pull Up . . .'., James J. White
Conclusion: 'If You Don't Pull Up . . .'., James J. White
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Today I am going to talk about a lawyer duty that is just as important as the duty to exercise warm zeal on behalf of a client, but it is a duty that is unknown to the popular culture and rarely touched on in law school. That is the duty to say no to your client, to step in front of a client who is determined to do something stupid, or in violation of the civil or criminal law.
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
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An individual qualifies as a Convention refugee only if he or she has a "well-founded fear" of being persecuted. While it is generally agreed that the "well-founded fear" requirement limits refugee status to persons who face an actual, forward-looking risk of being persecuted (the "objective element"), linguistic ambiguity has resulted in a divergence of views regarding whether the test also involves assessment of the state of mind of the person seeking recognition of refugee status (the "subjective element").