Law Commons^™

Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker

Michigan Journal of International Law

This note reviews the history and antecedents of subsection 203(a)(7)(B), suggests explanations for its repeal, and explores alternative relief for the individuals who might formerly have benefited from it. It is presumed that some victims of natural disasters have a need for refuge equal to that of the refugee fleeing persecution. This is not to say that every "catastrophic natural calamity," as the now defunct statutory formulation put it, produces victims requiring the extraordinary relief of asylum. Yet, when the disaster constitutes a continuing threat to human life, and aid to the stricken area cannot restore an acceptable standard of …

Refugee Resettlement In The United States: The Role Of The Voluntary Agencies, Norman L. Zucker

Michigan Journal of International Law

Statistics on refugee resettlement in the United States are obsolete as soon as they are published. What does remain current and constant, however, is that there is a global refugee crisis. The numbers of refugees in the world are not likely to diminish, and indeed, given the vagaries of international politics, the world's refugee population is likely to increase. As a major world power the United States has had to evolve a refugee policy. This policy operates on two levels: on the foreign level there has been an attempt to provide for the regional and international resettlement of refugees and …

Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass

Michigan Journal of International Law

This note begins with an examination of the problems of establishing, funding, and terminating previous resettlement programs involving Cuban and Indochinese refugees. These programs were limited to assisting refugees from specific geographic areas. Each refugee influx called for new legislation, and "new" programs frequently lingered on beyond their useful lives. Uncertainty about the timing of their eventual phaseout left state and local administrators unable to plan for a smooth transition following the termination of federal funding.

Entry And Exclusion Of Refugees: The Obligations Of States And The Protection Function Of The Office Of The United Nations High Commissioner For Refugees, Guy S. Goodwin-Gill

Michigan Journal of International Law

Refugee problems today tend to have one factor in common-the huge numbers of people involved. But whether it is a case of one or of a mass of individuals, each arriving asylum seeker represents a challenge to established principles of state sovereignty. International jurists once wrote of the free movement of persons between nations, unhampered by passport and visa control. Since the late nineteenth century, however, the principle most widely accepted has been that each state retains exclusive control- an absolute discretion- over the admission to its territory of foreign nationals, refugees or not. Although in practice many countries concede …

Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum

Michigan Journal of International Law

In a recent decision of far-reaching implications, Filartiga v. Pena-Irala, the United States Court of Appeals for the Second Circuit not only identified one such right, but provided invaluable guidance as to how the broader question is to be addressed. This essay offers an analysis of the decision in Filarh'a, as well as a case presenting intriguing points of comparison, Tran Qui Than v. Blumenthal. It then proposes several generalizations concerning the identification of legal rights of refugees, suggesting a strategy for their enforcement, the upshot of which is this: creative marshalling and invocation of rights well …

Appendix Ii, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Review of United States Law

Appendix Iii, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Review of Foreign Laws

Mass Asylum And Human Rights In American Foreign Policy, John Scanlan, G. D. Loescher

Articles by Maurer Faculty

No abstract provided.

Human Rights And The Free Flow Of Information, Lung-Chu Chen

Articles & Chapters

"Human Rights and the Free Flow of Information." This topic immediately raises three key questions: the appropriate conception of human rights; the scope and reach of freedom of information; and finally, the bearing of one upon the other.

Thirty-Fifth Session Of The Sub-Commission Of Protection Of Minorities, Connie De La Vega, Ellen E. Lutz

Connie de la Vega

This article provides a brief synopsis of the 35th Session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, which took place in Geneva, August 16 - September 10, 1982. At the 35th Session there were advances in several areas, particularly regarding the setting of international standards and the improvement of information-gathering procedures. Also promising for the promotion and protection of human rights was that the Working Group on Indigenous Peoples were allowed to present information to the Sub-Commission. At the same time, several dangerous precedents were set which appeared to make it more difficult for non-governmental organizations …

Sterilization Of The Developmentally Disabled: Shedding Some Myth-Conceptions, Deborah Hardin Ross

Florida State University Law Review

No abstract provided.

Administrative Detention In Israel And The Occupied Territories, Richard Gladstein

Antioch Law Journal

Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …

Ua21 Wku Affirmative Action Plan Volume Ii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Archives Records

This volume contains information and instructions regarding goals and timetables:

• Memorandum
• Availability Data

It also contains the goals and timetables for the following units:

• College of Arts & Humanities
• College of Business Administration
• College of Education
• College of Science, Technology & Health
• Academic Services
• Academic Affairs
• Office of the President
• Business Affairs
• Student Affairs

Freedom And Choice In Constitutional Law, John H. Garvey

Boston College Law School Faculty Papers

The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provisions, only one kind – freedoms, which protect the right to make choices – pose serious difficulties when applied to persons of diminished capacity. He then proposes a hierarchy of ways in which we can attribute freedoms to such persons: …

Mens Rea, Due Process And The Supreme Court: Toward A Constitutional Doctrine Of Substantive Criminal Law, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Symposium: The Trial Of The "Gang Of Four" And Its Implication In China

Maryland Series in Contemporary Asian Studies

No abstract provided.

Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii

Vanderbilt Journal of Transnational Law

Book Reviews

Human Rights: International Petition System

Binders 1 and 2

Maxine E. Tardu

Dobbs Ferry: Oceania Publications, Inc.,1979 and 1980. $75.00 per Binder.

Reviewed by Howard D.Coleman

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The International Law and Policy of Human Welfare

Edited by R. St. John Macdonald, D.M. Johnston and L. Morris

The Netherlands: Sijthoff and Noordhoff, 1978. Pp. xviii, 690. $95.

Reviewed by Clark C. Siewert

-----------------------------------------------

Deep Sea Mining

Judith T. Kildow, Editor

Cambridge, Massachusetts and London, England: MIT Press. 1980. Pp. 251.

Reviewed by John T. Smith II

Capital Punishment And The Right To Life: Some Reflections On The Human Right As Absolute, Peter J. Riga

Seattle University Law Review

The right to life of the person and its various applications in different political situations is one of the most debated subjects of our day. This question is important today for a number of reasons: the widespread demand for abortion, the drive for the right to die, and the challenge to capital punishment. The debate seems at times to be confused: those opposing all forms of war and capital punishment seem to approve of abortion; while others vehemently opposed to abortion, approve of war and capital punishment. But this inconsistency disappears once an absolute view of man's right to life …

Ua21 Wku Affirmative Action Plan Volume I, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Archives Records

This 1981 Affirmative Action Plan is published as a revision of the WKU Affirmative Action Plan first published in 1974.

State Prisoners, Federal Courts, And Playing By The Rules: An Analysis Of The Aldisert Committee's Recommended Procedures For Handling Prisoner Civil Rights Cases, Gay Gellhorn

Seattle University Law Review

The Comment first will recapitulate the full range of procedural initiatives proposed by the Aldisert Committee for adoption as local court rules. Then it will analyze the Committee's recommendations relating to pleading forms and screening the complaints before service of process, the critical stage at which courts dispose of most prisoner complaints. Although concluding that important aspects of the recommended procedures are fundamentally inconsistent with federal statutes and rules, this Comment acknowledges the valid concerns generating the Committee's proposals, and then suggests alternative judicial actions responsive to the phenomenon of state prisoner civil rights com- plaints in federal courts.

Introduction: Human Rights And Jurisprudence, Myres Mcdougal, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Foreward: Access To Justice As A Focus Of Research, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

No abstract provided.

The Right To Privacy In Nineteenth Century America, David J. Seipp

Faculty Scholarship

On December 15, 189o, Samuel D. Warren and Louis D. Brandeis, two young Boston law partners, published an article in the Harvard Law Review entitled The Right to Privacy. In that article, they proposed a remedy for invasions of personal privacy by the press. More than ninety years later, protection of privacy has become a major concern of the law. Legal scholars have organized the extensive body of case law into a coherent common law of privacy; the Supreme Court has enshrined the right to privacy in the "penumbra" of the Bill of Rights; and Congress has enacted additional safeguards.

Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Human Rights In Northern Ireland: Ireland V. The United Kingdom, Deirdre E. Donahue

Boston College International and Comparative Law Review

No abstract provided.

The Emerging Jurisprudence Of The Human Rights Committee, B. G. Ramcharan

Dalhousie Law Journal

Referring to the role of the Human Rights Committee in the examination of reports submitted by States parties to the International Covenant on Civil and Political Rights, the Canadian representative in the Third Committee of the General Assembly in 1966, expected that the Committee would "examine, analyse, appraise and evaluate the reports ... in a searching and critical fashion." ' After two years, during which five sessions of the Human Rights Committee were held, how does the Committee measure up to this standard? This will be the main inquiry of the present article during the course of which the following …

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins

Michigan Law Review

A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn

The Problem Of Public Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

The Sunday Times Case: Freedom Of The Press And Contempt Of Court Under English Law And The European Human Rights Convention, Nathaniel L. Nathanson

Kentucky Law Journal

No abstract provided.