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How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf 2018 University of Nevada, Las Vegas

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.


Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll 2017 Selected Works

Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll

Gregor Noll


In this contribution I argue that the asylum and migration control policies of the EU are usefully analysed as an expression of liberal thought. I will show how the roots of these policies go all the way back to the creation of the Union in the 50s and illustrate how this heritage affects the prevailing rules in the areas of migration and asylum. I shall also highlight how this order was paradoxically strengthened during the crisis of 2015 and 2016. I will explain why the concept of solidarity in EU law is poorly constructed and map possible solutions. If the ...


Causes For The Irregular Migration Crises Case Of Kosovo - Final Paper Pdf.Pdf, Xhevdet Halili 2017 University of Prishtina

Causes For The Irregular Migration Crises Case Of Kosovo - Final Paper Pdf.Pdf, Xhevdet Halili

Xhevdet Halili

Based on Eurostat’s data, the number of asylum seekers in EU member states from Republic of Kosovo (RKS) was 66,885 citizens during 2015, ranking Kosovo as the fourth highest in the world (following Syria, Afghanistan and Iraq). Consequently, these data are considered to be noticeably worrisome for the country. The purpose of this article is to determine the causes of this major flux of migrating asylum seekers from RKS to EU countries. Within this context, the research includes analysis of relevant statistics which monitor this situation, including the applicable laws that result in this unfavorable occurrence. The relevant ...


Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring 2017 Louisiana State University

Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring

Darlene C. Goring

No abstract provided.


Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak 2017 John Marshall Law School

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups. Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings. This gender-based violence has rendered women ...


Algorithmic Jim Crow, Margaret Hu 2017 Washington and Lee University School of Law

Algorithmic Jim Crow, Margaret Hu

Margaret Hu

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on ...


Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs 2017 Roger Williams University School of Law

Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs

Law School Blogs

No abstract provided.


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak 2017 John Marshall Law School

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups.

Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings.

This gender-based violence has rendered women ...


Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo de Souza Dantas Fico, Leticia Machado Haertel 2017 InterAmerican Court of Human Rights

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


There Are No Strangers Among Us: Catholic Social Teachings And U.S. Immigration Law, Terry Coonan 2017 St. John's University School of Law

There Are No Strangers Among Us: Catholic Social Teachings And U.S. Immigration Law, Terry Coonan

The Catholic Lawyer

No abstract provided.


Lin V. United States Department Of Justice: The Circuits Split On The Issue Of Whether Marital Status Is Dispositive Of Asylum Eligibility In The United States For Individuals Who Suffer Persecution Under China's Coercive Family Planning Practices, Sara E. Stewart 2017 University of Maine School of Law

Lin V. United States Department Of Justice: The Circuits Split On The Issue Of Whether Marital Status Is Dispositive Of Asylum Eligibility In The United States For Individuals Who Suffer Persecution Under China's Coercive Family Planning Practices, Sara E. Stewart

Maine Law Review

In Lin v. United States Department of Justice, the United States Court of Appeals for the Second Circuit remanded three consolidated appeals to the Board of lmmigration Appeals (BIA) for reconsideration. Petitioners Shi Liang Lin, Xian Zou, and Zhen Hua Dong applied for asylum based on persecution they and their unmarried girlfriends suffered under the coercive family planning practices employed by the People's Republic of China. Retaining jurisdiction over the petitions after re-disposition by the BIA, the Second Circuit demanded that the BIA clarify two issues regarding its interpretation of United States' immigration laws. First, the Second Circuit insisted ...


It’S Time To Open Up The L-1b: How The Emergence Of Open Source Technology Will Impact The L-1b Visa Program, Elizabeth K. Ottman 2017 The Catholic University of America, Columbus School of Law

It’S Time To Open Up The L-1b: How The Emergence Of Open Source Technology Will Impact The L-1b Visa Program, Elizabeth K. Ottman

Catholic University Law Review

The L-1 visa program allows multinational companies to transfer both managerial/executive employees and employees who hold “specialized knowledge” to work in the United States. In the Information Technology (IT) industry, it has become increasingly difficult to get workers approved for intra-company transfer due to the way United States Citizenship and Immigration Services (USCIS) narrowly interprets the definition of specialized knowledge. Although USCIS has issued memoranda that indicate knowledge “need not be proprietary or unique,” in practice, knowledge of proprietary software is the most effective way to prove an employee in the IT industry has specialized knowledge. However, in the ...


The Progressives: Racism And Public Law, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...


Working To Serve And Protect An Immigrant-Friendly Community: Why The Bridgewater State University Police Department Supports Massachusetts Senate Bill No. 1305, David H. Tillinghast 2017 Bridgewater State University

Working To Serve And Protect An Immigrant-Friendly Community: Why The Bridgewater State University Police Department Supports Massachusetts Senate Bill No. 1305, David H. Tillinghast

Bridgewater Review

No abstract provided.


Algorithmic Jim Crow, Margaret Hu 2017 Washington and Lee University School of Law

Algorithmic Jim Crow, Margaret Hu

Fordham Law Review

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on ...


The Antiterrorism And Effective Death Penalty Act Of 1996: An Attempt To Quench Anti-Immigration Sentiments?, Ella Dlin 2017 St. John's University School of Law

The Antiterrorism And Effective Death Penalty Act Of 1996: An Attempt To Quench Anti-Immigration Sentiments?, Ella Dlin

The Catholic Lawyer

No abstract provided.


Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz 2017 University of Maine School of Law

Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz

Maine Law Review

Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six percent increase ...


Examining The Board Of Immigration Appeals' Social Visibility Requirement For Victims Of Gang Violence Seeking Asylum, Elyse B. Wilkinson 2017 University of Maine School of Law

Examining The Board Of Immigration Appeals' Social Visibility Requirement For Victims Of Gang Violence Seeking Asylum, Elyse B. Wilkinson

Maine Law Review

Since the late 1990s, Latin America has been plagued by gang violence. The increasingly organized and progressively larger gangs are known as the Mara Salvatrucha 13 (MS-13) and the 18th Street Gang (collectively referred to as the “Mara” in this Comment). These gangs are ubiquitous within certain Latin American countries and pose a serious threat to the economic and social stability of the region. The targets of the Mara are mostly youth between the ages of fifteen and eighteen (but as young as eight), women, and those who decry the gang's violence. Resistance to the Mara has resulted in ...


Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies 2017 Roger Williams University School of Law

Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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