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Full-Text Articles in Law
Trending @ Rwu Law: Deborah Gonzalez's Post: Bringing Good Fortune (And New Champions) Into The New Year!: 01-22-2016, Deborah Gonzalez
Trending @ Rwu Law: Deborah Gonzalez's Post: Bringing Good Fortune (And New Champions) Into The New Year!: 01-22-2016, Deborah Gonzalez
Law School Blogs
No abstract provided.
Limiting Deterrence: Judicial Resistance To Detention Of Asylum-Seekers In Israel And The United States, Michael Kagan
Limiting Deterrence: Judicial Resistance To Detention Of Asylum-Seekers In Israel And The United States, Michael Kagan
Scholarly Works
Governments have advanced the argument that asylum-seekers may be detained in order to deter other would-be asylum-seekers from coming. But in recent litigation in the United States and Israel, this justification for mass detention met with significant resistance from courts. This Essay looks at the way the American and Israeli courts dealt with the proposed deterrence rationale for asylum-seeker detention. It suggests that general deterrence raises three sequential questions:
1. Is deterrence ever legitimate as a stand alone justification for depriving people of liberty?
2. If deterrence is sometimes legitimate, is it valid as a general matter in migration control, …
Telling Refugee Stories: Trauma, Credibility, And The Adversarial Adjudication Of Claims For Asylum, Stephen Paskey
Telling Refugee Stories: Trauma, Credibility, And The Adversarial Adjudication Of Claims For Asylum, Stephen Paskey
Journal Articles
When trauma survivors seek asylum in the United States, the deck is stacked against them. In most cases, the applicant’s story is the only direct evidence of the applicant’s claim, and asylum is certain to be denied if a judge finds the applicant not credible. But the stories told by trauma survivors defy cultural norms for a credible story: they are often inconsistent, vague, and both logically and chronologically disjointed. As a result, asylum may be wrongly denied. The problem is inherent in our asylum adjudication system, which subjects most applicants to an adversarial hearing.
This article uses scholarship on …