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Full-Text Articles in Law

Forced Migration, The Human Face Of A Health Crisis, Lawrence O. Gostin, Anna E. Roberts Nov 2015

Forced Migration, The Human Face Of A Health Crisis, Lawrence O. Gostin, Anna E. Roberts

Georgetown Law Faculty Publications and Other Works

Nearly 60 million refugees, asylum-seekers and internally displaced persons (IDPs) fled their homes in 2014, predominately from war-torn Syria, Afghanistan and Somalia. The global response to assisting this vulnerable group has been wholly incommensurate with the need given the profound health hazards faced by forced migrants at each stage of their journey. The majority of forced migrants are housed in lower-income countries that do not have the infrastructure to assist the significant numbers of individuals who are crossing their borders and the humanitarian organizations who seek to assist in the response are grossly underfunded and under-resourced.

Countries have varying responsibilities …


My Turn: Halting Refugee Admissions Is Misguided, Erin B. Corcoran Nov 2015

My Turn: Halting Refugee Admissions Is Misguided, Erin B. Corcoran

Law Faculty Scholarship

Article excerpt: In the aftermath of terrorist attacks in Paris, state governors from more than 25 states, including the governor of my state, New Hampshire, have stated that they are shutting down their borders and not allowing Syrian refugees to live in their states. While their pronouncements carry no legal weight, because state governors don’t have the authority to decide whether to admit refugees into the United States (that is the president’s prerogative), they are misguided and morally reprehensible.


Us Leaders Cave To Popular Fear On Syrian Refugees, Lauren Carasik Nov 2015

Us Leaders Cave To Popular Fear On Syrian Refugees, Lauren Carasik

Media Presence

No abstract provided.


Political Refugees, Captives, Slaves And Other Migrants In International Law Of Ancient Near East (2nd Millenium Bc), Víctor M. Sánchez Nov 2015

Political Refugees, Captives, Slaves And Other Migrants In International Law Of Ancient Near East (2nd Millenium Bc), Víctor M. Sánchez

Víctor M. Sánchez

International treaties in the 2nd millennium BC in the Ancient Near East (ANE) demonstrate the importance placed on regulating migratory movements at the time. The economic and political basis of such regulation helps outline a critical analysis in comparison to current international law regarding the same forms of migratory movements. The loss of social value of human beings arising from demographic changes explains the enormous difference between past and present regulatory models. Only the recovery of human value in its economic sense will permit changes to the current regulation of migratory movements. The variety of extradition clauses in the treaties …


No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian Aug 2015

No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian

Georgia Journal of International & Comparative Law

No abstract provided.


Submission To The Select Committee On The Recent Allegations Relating To Conditions And Circumstances At The Regional Processing Centre In Nauru, Azadeh Dastyari Apr 2015

Submission To The Select Committee On The Recent Allegations Relating To Conditions And Circumstances At The Regional Processing Centre In Nauru, Azadeh Dastyari

Azadeh Dastyari

No abstract provided.


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 8) (2015), Roger Williams University School Of Law Jan 2015

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 8) (2015), Roger Williams University School Of Law

RWU Law

No abstract provided.


Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer Jan 2015

Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer

David Barnhizer

Table of Contents Death of the “Melting Pot” The Rejection of Assimilation and the Rise of “Identity Sects” Western Europe and the US Face Significant Challenges to Their Creeds and Cultures The Radicalizing Search for Identity and Meaning The Velocity, Scale and Difference of Migrant Entry Into Dissimilar Cultures Assimilation Is Not Easy Under the Best of Circumstances ISIS, al-Qaeda and The Old Man of the Mountain What Are the Creedal Values For Which Western Nations Should Expect Commitment from Immigrants and Citizens? “Warning! Do Not Approach!” Beyond Non-Assimilation to Cultural Transformation The Right to Preserve a “Cultural Ecosystem” The …


Life After Limbo: Stateless Persons In The United States And The Role Of International Protection In Achieving A Legal Solution, David C. Baluarte Jan 2015

Life After Limbo: Stateless Persons In The United States And The Role Of International Protection In Achieving A Legal Solution, David C. Baluarte

Scholarly Articles

Stateless persons are not recognized as citizens by any country, and as such, their enjoyment of fundamental human rights depends on the good faith of host countries, and their basic human security and dignity are often subject to the whims of immigration authorities. Despite this intense level of vulnerability, U.S. immigration law does not explicitly recognize statelessness, nor does it provide for humanitarian protection to relieve stateless persons of their suffering. Rather, stateless persons are treated like any other unauthorized migrants in the United States; when they are ordered removed, they are mandatorily detained while immigration officials undertake efforts to …


Non-Refoulement In A World Of Cooperative Deterrence, Thomas Gammeltoft-Hansen, James C. Hathaway Jan 2015

Non-Refoulement In A World Of Cooperative Deterrence, Thomas Gammeltoft-Hansen, James C. Hathaway

Articles

Developed states have what might charitably be called a schizophrenic attitude towards international refugee law. Determined to remain formally engaged with refugee law and yet unwavering in their commitment to avoid assuming their fair share of practical responsibilities under that regime, wealthier countries have embraced the politics of non-entrée, comprising efforts to keep refugees away from their territories but without formally resiling from treaty obligations. As the early generation of non-entrée practices — visa controls and carrier sanctions, the establishment of “international zones,” and high seas deterrence — have proved increasingly vulnerable to practical and legal challenges, new forms of …


Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan Jan 2015

Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan

Scholarly Works

Asylum adjudication is often the invisible frontline in the struggle by oppressed groups to gain recognition for their plights. Through this process, individual people must tell their stories and try to show that they are genuine victims of persecution rather than simply illegal immigrants attempting to slip through the system. In 2002, because the world had not yet acknowledged the nature of the calamity from which they were escaping, many Darfurian asylum cases would have relied on the ability of each individual to convince government offices to believe their stories. They would have had to be deemed “credible,” or they …