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Full-Text Articles in Law
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
Immigration and Human Rights Law Review
Immigrants have long seen the southern border of the United States as the last stop before they are able to enter the land of the free. The Department of Homeland Security, however, strives to make the southern border as inhospitable as possible to those hoping to cross. The Migrant Protect Protocols is the latest attempt from Washington to block access to the United States to immigrants who are detained by forcibly returning them to Mexico to await their deportation proceedings. While Americans have read stories of families being torn apart at the border or listened to interviews of politicians promising …
Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel
Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel
University of Michigan Journal of Law Reform
The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender inequality’s impact …
The Michigan Guidelines On Refugee Freedom Of Movement
The Michigan Guidelines On Refugee Freedom Of Movement
Michigan Journal of International Law
Despite the clear legal foundation of refugee freedom of movement at international law, states are also committed to the deterrence of human smuggling and trafficking, to the maintenance of effective general border controls, to safeguarding the critical interests of receiving communities, and to effectuating safe and dignified repatriation when refugee status comes to an end. Legal obligations to respect refugee freedom of movement therefore co-exist with, and must be reconciled to, other important commitments.
Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck
Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck
Michigan Journal of International Law
This background study focuses on the right to freedom of movement of refugees. It reviews the law pertaining to this freedom from the perspective of the spatial journey of refugees. This focus on the law means that extralegal considerations will not be taken into consideration. The analysis will not proceed from any perceived need for limits that should be accepted as “a product of realism about the strains that migration, especially high-volume migration or sudden influxes, can bring to a society.”
Special Feature: Eighth Colloquium On Challenges In International Refugee Law, James C. Hathaway
Special Feature: Eighth Colloquium On Challenges In International Refugee Law, James C. Hathaway
Michigan Journal of International Law
It is our hope that, as in the case of earlier Michigan Guidelines on the International Protection of Refugees, these unanimously agreed standards will inspire a thoughtful and principled debate among scholars, officials, and judicial and other refugee law decision-makers committed to the legally accurate and contextually sound application of international refugee law norms.
Toward A New Framework For Understanding Political Opinion, Catherine Dauvergne
Toward A New Framework For Understanding Political Opinion, Catherine Dauvergne
Michigan Journal of International Law
This paper was written to frame the work of the Seventh Colloquium on Challenges in International Refugee Law, held at the University of Michigan Faculty of Law, on March 27–29, 2015. To some extent, therefore, it has already served its purpose. It is somewhat tempting in the wake of the Colloquium to completely reconstruct the paper in light of the conversations and conclusions of that event. Such reconstruction, however, would be misleading. Instead, I have chosen to publish the paper in a form that is very similar to its earlier iteration, with a few corrections, clarifications, and explanatory notes about …
Immigrant Victims, Immigrant Accusers, Michael Kagan
Immigrant Victims, Immigrant Accusers, Michael Kagan
University of Michigan Journal of Law Reform
The U visa program provides immigration status to noncitizen victims of crime, ensuring unauthorized immigrants do not become easy prey because they are too afraid to seek help from the police. But under the federal government’s structuring of the U visa program, a victim must also become an accuser to receive immigration benefits. Thus, the U visa implicates the rights of third parties: accused defendants. These defendants are often immigrants themselves who may be deported when U visa recipients level their accusations. Recent state court decisions have created complications in the program by permitting defendants to cross-examine accusers about their …
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Touro Law Review
No abstract provided.
Fifth Colloquium On Challenges In International Refugee Law. The Michigan Guidelines On The Right To Work., Penelope Mathew
Fifth Colloquium On Challenges In International Refugee Law. The Michigan Guidelines On The Right To Work., Penelope Mathew
Michigan Journal of International Law
An Explanatory Note covering the Fifth Michigan Colloquium on Challenges in International Refugee Law and the Right to Work.
The Michigan Guidelines On The Right To Work
The Michigan Guidelines On The Right To Work
Michigan Journal of International Law
The right to work is fundamental to human dignity. It is central to survival and development of the human personality. According to the International Labour Organization (ILO), decent work "sums up the aspirations of people in their working lives-for opportunity and income; rights, voice and recognition ..." Work is interrelated, interdependent with, and indivisible from the rights to life, equality, the highest attainable standard of physical and mental health, an adequate standard of living, the right to social security and/or social assistance, freedom of movement, freedom of association, and the rights to privacy and family life, among others.
Transnational Families In Crisis: An Analysis Of The Domestic Violence Rule In E.U. Free Movement Law, Adam Weiss
Transnational Families In Crisis: An Analysis Of The Domestic Violence Rule In E.U. Free Movement Law, Adam Weiss
Michigan Journal of International Law
This Essay analyzes a concrete rule of European law that has emerged to address the problem of domestic violence within certain transnational families. The domestic violence rule is found in Article 13 of the European Community Free Movement Directive (the Directive), legislation that governs the rights of E.U. citizens and their family members to enter and reside in other E.U. Member States.6 The rule affects the rights of a discrete group: non-E.U. ("third-country national") family members of migrant E.U. citizens, that is, E.U. citizens who have moved to another E.U. Member State (the "host State") to exercise residence rights there. …
Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster
Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster
Michigan Journal of International Law
This Article first questions the legitimacy of protection elsewhere practices. It then considers the circumstances in which the transfer of refugees might take place. It should be emphasized that the Michigan Guidelines set out the minimum requirements and constraints imposed by international law when a state wishes to implement a protection elsewhere policy. In addition, in some instances the Michigan Guidelines engage in "progressive development" of the law by suggesting safeguards that, while not strictly required by international law, should be respected in order to ensure the implementation of such policies in a way that protects and ensures the rights …
Refugee Protection In International Law: Unhcr's Global Consultations On International Protection, Taylor H. Garrett
Refugee Protection In International Law: Unhcr's Global Consultations On International Protection, Taylor H. Garrett
Michigan Journal of International Law
Review of Refugee Protection in International Law: UNHCR's Global Consultations on International Protection (Erika Feller, Volker Türk & Frances Nicholson eds.)
Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff
Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff
Michigan Journal of Race and Law
This essay argues that the concept of post-nationalism does not precisely explain the American concept of citizenship. This is due to the strict construction of the nation state in American constitutional theory, the ineffective role of international human rights norms in American jurisprudence, and the extension of protection to non-citizens based on territorialist rationales. For these reasons, the author suggests that denizenship is a more appropriate way of viewing the American citizenship model, and is one that explains how notions of personal identity can be transnational while still justifiable within traditional nation-state constructs.
The Michigan Guidelines On The Internal Protection Alternative
The Michigan Guidelines On The Internal Protection Alternative
Michigan Journal of International Law
In many jurisdictions around the world, 'internal flight' or 'internal relocation' rules are increasingly relied upon to deny refugee status to persons at risk of persecution for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee law and policy, the viability of a universal commitment to protection is challenged by divergence in state practice. These Guidelines seek to define the ways in which international refugee law should inform what the authors believe is more accurately described as the 'internal protection alternative.' It is the product of collective …
Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson
Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson
Michigan Journal of Gender & Law
Part I of this article examines two cases. In one case, a United States immigration court allowed female circumcision as a defense to deportation. In another case, the Canadian Immigration and Refugee Board granted political asylum after recognizing female circumcision as a form of persecution. Part II assesses the extent of protections currently provided for potential victims of female circumcision under U.S. asylum law and analyzes the factors that a court should consider when making asylum determinations. Part III recommends that gender should be added to the enumerated grounds for persecution under U.S. asylum law. This section provides a hypothetical …
Race Discourse And Proposition 187, John Sw Park
Race Discourse And Proposition 187, John Sw Park
Michigan Journal of Race and Law
Proposition 187 inspired a visceral public discourse. Proponents and opponents of the measure discussed several themes important to contemporary political theory, particularly themes related to sovereignty and civil rights. This Note shows how participants in that debate-including people of color-spoke of "rights" in a way that denied the possibility for undocumented aliens to have rights. When citizens spoke, they did so in a way that implicitly linked rights to citizenship; in other words, they assumed that without citizenship, persons were not entitled to rights or rights-based claims. Ironically, the debate about Proposition 187 pointed to the achievements of a "civil …
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
Michigan Journal of International Law
This article will discuss in greater detail the profound defects of the Court's Zacarias decision. Section I will discuss the interpretation of key provisions of the 1980 Refugee Act, and describe the case of Jairo Elias Zacarias. Section II will review the plain language and legislative intent of the Act, including the congressional purpose of conforming to the 1967 Protocol. Section III will consider issues of burden of proof, and will examine the substantive impact which Zacarias has had on refugee cases. Section IV will focus on religious persecution as a paradigm of the inadequacy of an intent-based requirement and …
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
St. Mary's Law Journal
The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …
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
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 …
The Development Of Refugee Law, Paul Weis
The Development Of Refugee Law, Paul Weis
Michigan Journal of International Law
In customary international law, nationality provides the principal link between the individual and the law of nations. Refugees are commonly understood to be persons who have been compelled to leave their homes on account of natural catastrophes or because of political events; they may be inside or outside their country of origin. Refugees may be stateless or not; most present-day refugees are not stateless. Only international political refugees-persons who are outside their country of origin for political reasons-are discussed in this article, an overview of sources of refugee law, and a preface to the articles in this volume which take …
Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen
Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen
Michigan Journal of International Law
In country after country a political polarization is growing, a movement away from the center-to the right and to the left. In states with a less than stable political structure, coups d'etat and strongmen are commonplace. International law is broken as a matter of convenience. The media are filled with news of interventions, aggressions, even warfare. Human rights are frequently trodden under foot. And we are faced with a rising wave of xenophobia.