Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (51)
- International Law (42)
- International Humanitarian Law (17)
- Law and Society (8)
- Law and Race (7)
-
- Organizations Law (7)
- Military, War, and Peace (6)
- Transnational Law (6)
- Social and Behavioral Sciences (5)
- Civil Rights and Discrimination (4)
- Legal History (4)
- European Law (3)
- Law and Gender (3)
- Sociology (3)
- Health Law and Policy (2)
- Law and Politics (2)
- Legal Writing and Research (2)
- Migration Studies (2)
- Political Science (2)
- Supreme Court of the United States (2)
- Arts and Humanities (1)
- Civil Law (1)
- Comparative Politics (1)
- Comparative and Foreign Law (1)
- Courts (1)
- Education Law (1)
- Environmental Law (1)
- Ethics in Religion (1)
- Institution
-
- University of Michigan Law School (34)
- Boston University School of Law (9)
- Georgetown University Law Center (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- American University Washington College of Law (2)
-
- Maurer School of Law: Indiana University (2)
- Schulich School of Law, Dalhousie University (2)
- University of Pennsylvania Carey Law School (2)
- Cleveland State University (1)
- Connecticut College (1)
- Edith Cowan University (1)
- Florida A&M University College of Law (1)
- Fordham University (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Miami Law School (1)
- University of Missouri-Kansas City School of Law (1)
- Vanderbilt University Law School (1)
- Publication Year
- Publication
-
- Articles (28)
- Faculty Scholarship (9)
- Georgetown Law Faculty Publications and Other Works (6)
- Scholarly Works (6)
- Book Chapters (3)
-
- Other Publications (3)
- All Faculty Scholarship (2)
- Articles by Maurer Faculty (2)
- Articles in Law Reviews & Other Academic Journals (2)
- International Migrants Bill of Rights Symposium (2)
- Articles & Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- CISLA Senior Integrative Projects (1)
- Faculty Works (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Law in a Post-Pandemic World (1)
- Religion (1)
- Research outputs 2022 to 2026 (1)
- Reviews (1)
- Student Works (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 61 - 75 of 75
Full-Text Articles in Human Rights Law
Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey
Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey
Articles
A number of jurisdictions have fastened onto a "solution" that appears to reconcile respect for refugee law with the determination of states to rid themselves quickly of potentially violent asylum seekers. Courts in these states have been persuaded that a person who has committed or facilitated acts of violence may lawfully be denied a refugee status hearing under a clause of the Refugee Convention that authorizes the automatic exclusion of persons whom the government reasonably believes are international or extraditable criminals. Refugee law so interpreted is reconcilable with even fairly blunt measures for the exclusion of violent asylum seekers. In …
Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway
Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway
Book Chapters
While many of us in the refugee protection community have traditionally seen temporary protection as something to be resisted, I believe that temporary protection could, in contrast, be a profoundly important part of a solution to the international refugee protection crisis. To make my argument that the right kind of temporary protection could be an important means to give new life to international refugee protection, I will briefly address three issues. First, I would like to suggest why it is that states around the world, in the North and increasingly in the South as well, are refusing the live up …
Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz
Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue aimed at understanding just how well these asylum systems are balancing the dual goals. The Workshop was convened by the Institute for the Study of International Migration (ISIM) of Georgetown University and the Center for the Study of Immigration, Integration and Citizenship Policies (CEPIC) of the Centre Nationale de Recherche Scientifique, with the support of the German Marshall Fund of the United States. It was held on July 1-3, 1999, at Oxford University.
The workshop examined key issues …
Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil
Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil
Georgetown Law Faculty Publications and Other Works
Western nations have struggled to accomplish the dual goals of refugee and asylum policies: (1) identifying and protecting Convention refugees as well as those fleeing civil conflict; and (2) controlling for abuse. The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue to explore just how well these asylum systems are balancing the dual goals. The workshop exa!llined key elements of the U.S. and European asylum systems: decision making on claims, deterrence of abuse, independent review, return of rejected asylum seekers, scope of the refugee concept, social rights and …
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick
Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick
Articles
America's troubled relationship with international law, in particular human rights law, is well documented. In many cases, the United States simply will not agree to be bound by international human rights treaties. For example, the United States has yet to ratify even such fundamental agreements as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, and the Convention on the Rights of the Child. When the United States does agree to become a party to an international human rights treaty, it has often sought to condition its acceptance …
Forward To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram
Forward To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram
Faculty Scholarship
Palestinian refugees have a status that is unique under international refugee law. Unlike any other group or category of refugees in the world, Palestinians are singled out for exceptional treatment in the major international legal instruments which govern the rights and obligations of states towards refugees: the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol; the Statute of the United Nations High Commissioner for Refugees; and, specifically with regard to the Palestinians, the Regulations governing the mandate of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East. Almost all states …
America's Apostasy, James C. Hathaway
America's Apostasy, James C. Hathaway
Articles
It has often struck me that the prominence of the Restatement of the Foreign Relations Law of the United States epitomizes the plight of international law in this country. The title of this standard reference on international law does not even refer to international law, but instead to foreign relations law. That is, it is meant to set out the standards by which we may legitimately judge the conduct of others. The clear, if unintended, message is that the Restatement is not really a codification of laws that bind us. And indeed, it is explicitly not just a codification, but …
International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway
International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway
Articles
International refugee law is designed only to provide a back-up source of protection to seriously at-risk persons. Its purpose is not to displace the primary rule that individuals should look to their state of nationality for protection, but simply to provide a safety net in the event a state fails to meet its basic protective responsibilities.1 As observed by the Supreme Court of Canada, "[t]he international community was meant to be a forum of second resort for the persecuted, a 'surrogate,' approachable upon the failure of local protection. The rationale upon which international refugee law rests is not simply the …
Can International Refugee Law Be Made Relevant Again?, James C. Hathaway
Can International Refugee Law Be Made Relevant Again?, James C. Hathaway
Articles
Ironic though it may seem, I believe that the present breakdown in the authority of international refugee law is attributable to its failure explicitly to accommodate the reasonable preoccupations of governments in the countries to which refugees flee. International refugee law is part of a system of state self-regulation. It will therefore be respected only to the extent that receiving states believe that it fairly reconciles humanitarian objectives to their national interests. In contrast, refugee law arbitrarily assigns full legal responsibility for protection to whatever state asylum-seekers are able to reach. It is a peremptory regime. Apart from the right …
Violence Against Women And The Asylum Process, John Linarelli
Violence Against Women And The Asylum Process, John Linarelli
Scholarly Works
Perhaps no area of public legislation generates as much controversy, or attracts as much rhetoric, as immigration. Immigration is perceived as the core of who we are as a nation. Legal norms governing the movement and migration of people across the borders of countries determine who is entitled to live in a country and ultimately who will control its resources. Immigration goes to the heart of sovereignty, particularly where sovereignty is popular, such as in consolidated democracies.' Asylum is a controversial issue within the immigration debate. This Article will interpret some of the recent developments in asylum law that are …
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Articles
International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
Articles & Chapters
No abstract provided.
International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman
International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Mass Asylum And Human Rights In American Foreign Policy, John Scanlan, G. D. Loescher
Mass Asylum And Human Rights In American Foreign Policy, John Scanlan, G. D. Loescher
Articles by Maurer Faculty
No abstract provided.