Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Asylum (7)
- Refugee status (6)
- Refugees (6)
- Treaties (5)
- Refugee Convention (4)
-
- Persecution (3)
- Refugee Law (3)
- Refugee law (3)
- Treaty interpretation (3)
- International law (2)
- Migration (2)
- Nexus (2)
- Protection (2)
- United Nations High Commissioner for Refugees (2)
- Adan v. Secretary of State for the Home Department (1)
- Alien Act (1)
- Australia (1)
- Boat refugees (1)
- Capitalism (1)
- Chinese immigration (1)
- Civil Liberties (1)
- Colloquiums (1)
- Constitutional Law (1)
- Constitutional faith (1)
- Convention on the Rights of the Child (1)
- Cuba (1)
- Defamation (1)
- Doctrine of Discovery (1)
- Emigration & immigration (1)
- HMAS Manoora (1)
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Immigration Law
Crooked Straits: Maritime Smuggling Of Humans From Cuba To The United States, Donald Brown
Crooked Straits: Maritime Smuggling Of Humans From Cuba To The United States, Donald Brown
University of Miami Inter-American Law Review
No abstract provided.
A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder
A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder
Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Why International Law Favors Emigration Over Immigration, Thomas Kleven
University of Miami Inter-American Law Review
No abstract provided.
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Michigan Journal of International Law
This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Michigan Journal of International Law
The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.
Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson
Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson
Michigan Journal of International Law
In this Article, we argue that the House of Lords' reasoning in Adan was seriously flawed. The House of Lords correctly recognized that evidence that minorities face a heightened risk of being persecuted can be sufficient to show a nexus to a Convention ground. Yet it erred when it went on to hold that only differentially at-risk individuals or groups can benefit from refugee status. If a person's risk of being persecuted is causally linked to his or her race, religion, nationality, membership of a particular social group, or political opinion, the nexus requirement is satisfied irrespective of whether the …
The Causal Nexus In International Refugee Law, James C. Hathaway
The Causal Nexus In International Refugee Law, James C. Hathaway
Articles
For all of its value as a critical mechanism of human rights protection, international refugee law is not an all-encompassing remedy. In at least two ways, the category of persons of concern to refugee law is significantly more narrow than the universe of victims of human rights abuse. First, only persons able somehow to leave their own country can be refugees. Alienage is a requirement for refugee status because of concerns about the limits of international resources and the potential for responsibility-shifting, as well as in recognition of the fundamental constraints which sovereignty still places on meaningful intervention by the …
Powers Inherent In Sovereignty: Indians, Aliens, Territories, And The Nineteenth Century Origins Of Plenary Power Over Foreign Affairs, Sarah H. Cleveland
Powers Inherent In Sovereignty: Indians, Aliens, Territories, And The Nineteenth Century Origins Of Plenary Power Over Foreign Affairs, Sarah H. Cleveland
Faculty Scholarship
Does the United States have powers inherent in sovereignty? At least since the 1819 decision in McCulloch v. Maryland, conventional wisdom has held that national government is one of limited, enumerated powers and exercises “only the powers granted to it” by the Constitution and those implied powers “necessary and proper” to the exercise of the delegated powers. All powers not delegated to the federal government are reserved to the states and to the people. In the 1936 decision in United States v. Curtiss-Wright Export Corp., however, the Supreme Court asserted that federal authority over foreign relations operated independently …
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
Human Rights Brief
No abstract provided.
Refugee Law Is Not Immigration Law, James C. Hathaway
Refugee Law Is Not Immigration Law, James C. Hathaway
Articles
The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.