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Full-Text Articles in Law

Special Immigrant Juvenile Status: Problems With Substantive Immigration Law And Guidelines For Improvement, Maria V. Martorell Dec 2011

Special Immigrant Juvenile Status: Problems With Substantive Immigration Law And Guidelines For Improvement, Maria V. Martorell

Maria V Martorell

There is a long-standing tradition in the justice system of recognizing that legal matters involving minors are inherently different, requiring laws to protect children in the courthouse and in society. The juvenile system of justice began in the United States in 1824 and was designed for the benefit of children. The purpose of creating a separate system for juveniles was “(1) to separate children from adult offenders and (2) to rehabilitate” juveniles. Most juvenile courts have exclusive jurisdiction over the majority of cases involving minors, and these are transferred to the adult court system only when it “serve[s] the best …


Who Are Refugees?, Matthew Lister Aug 2011

Who Are Refugees?, Matthew Lister

Matthew J. Lister

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all who are unable to meet their basic needs on their own as "refugees," and to extend to them the …


Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman Jul 2011

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam Jun 2011

Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam

Chicago-Kent Law Review

Asylum law provides an area within immigration law that is unexpectedly friendly to lesbians, gay men, bisexuals, and transgender persons. Persons who suffer persecution on account of "membership in a particular social group" are eligible to live and work in the United States. This encompasses lesbians, gay men, bisexuals, and transgender persons who suffer persecution. However, United States law does not clearly define applicable standards in this area. As a result, different adjudicators in the asylum process focus on different methodological approaches and sometimes inject bias into the process. In addition, because the terms "lesbian," "gay," "bisexual," and "transgender" are …


Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron Apr 2011

Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron

University of Miami International and Comparative Law Review

No abstract provided.


Executive Deference In U.S. Refugee Law: Internationalist Paths Through And Beyond Chevron, Bassina Farbenblum Feb 2011

Executive Deference In U.S. Refugee Law: Internationalist Paths Through And Beyond Chevron, Bassina Farbenblum

Duke Law Journal

No abstract provided.


A More Promising Promised Land: Israel Copes With An Influx Of Asylum Seekers By Implementing The 1951 Convention Relating To The Status Of Refugees And The 1967 Protocol, Aliyah M. Phillips Jan 2011

A More Promising Promised Land: Israel Copes With An Influx Of Asylum Seekers By Implementing The 1951 Convention Relating To The Status Of Refugees And The 1967 Protocol, Aliyah M. Phillips

Aliyah M Phillips

This Comment addresses the State of Israel’s most recent actions in coping with a mass influx of African asylum seekers, and whether those actions represent compliance with the 1951 Convention Relating to the Status of Refugees (“1951 Convention”), and the 1967 Protocol. Past scholarship has criticized Israel’s response to the influx, focusing on a lack of compliance. By examining Israel’s most recent practices with regard to asylum seekers, this Comment takes a novel and nuanced approach to identifying Israel’s compliance with the 1951 Convention. The argument set forth in this Comment operates from the presumption that a state’s compliance with …


A Fine Line, Redefined: Moving Toward More Equitable Asylum Policies, Heather M. Kolinsky Jan 2011

A Fine Line, Redefined: Moving Toward More Equitable Asylum Policies, Heather M. Kolinsky

Scholarly Articles

This article is an exploration of the inequities that still remain in asylum claims, with particular reference to the experience of Chinese citizens seeking asylum and Cuban refugees.


Balancing National Security And International Responsibility: The Immigration System’S Legal Duty To Asylees Fleeing Gang Violence In Central America, Margot Kniffin Jan 2011

Balancing National Security And International Responsibility: The Immigration System’S Legal Duty To Asylees Fleeing Gang Violence In Central America, Margot Kniffin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


From The Border To The Bench: The Barriers To Freedom For Victims Of Domestic Violence Seeking Asylum In The United States And Why A Favorable Decision In The Case Of R-A- Is Necessary But Not Sufficient Protection For Future Claimants, Chelsea M. Peter Jan 2011

From The Border To The Bench: The Barriers To Freedom For Victims Of Domestic Violence Seeking Asylum In The United States And Why A Favorable Decision In The Case Of R-A- Is Necessary But Not Sufficient Protection For Future Claimants, Chelsea M. Peter

Saint Louis University Law Journal

No abstract provided.


Tale Of Two Policies: A Defense Of China's Population Policy And An Examination Of U.S. Asylum Policy, Mona Ma Jan 2011

Tale Of Two Policies: A Defense Of China's Population Policy And An Examination Of U.S. Asylum Policy, Mona Ma

Cleveland State Law Review

The U.S. asylum law presents a distorted view of China's policy to the world and unfairly taints China's image in the international arena. It also undermines the effectiveness of the policy by encouraging Chinese citizens to break the law. This article advocates the repeal of IIRAIRA § 601 by demonstrating that China's population policy is a necessary and responsible social policy. Part II gives a brief history of the U.S. asylum law relating to China's population policy, including the pre-1996 court split on whether to grant Chinese nationals asylum based on violations of China's population policy. In re Chang, a …


E.U. Accountability To International Law: The Case Of Asylum, James C. Hathaway Jan 2011

E.U. Accountability To International Law: The Case Of Asylum, James C. Hathaway

Articles

In one of his later published works, Eric Stein wrote that "[a]s modern administrative state, transparency in the Union is essential not only to inform member state parliaments and electorates, but also to help form an all-European debate and public opinion that are required to sustain advanced integration."' In his usual prescient way, Professor Stein captured the dilemma of the European Union as it has shifted from an amalgam of states seeking consensus in a largely behind-closed-doors way to what many would see as an emerging federal state. With its undoubted ability to project power, will the European Union effectively …


Batterers As Agents Of The State: Challenging The Public/Private Distinction In Intimate Partner Violence-Based Asylum Claims, Marisa S. Cianciarulo Dec 2010

Batterers As Agents Of The State: Challenging The Public/Private Distinction In Intimate Partner Violence-Based Asylum Claims, Marisa S. Cianciarulo

Marisa S. Cianciarulo

Intimate partner violence has been recognized by asylum-providing countries as a form of persecution. Nevertheless, it has often been difficult for battered women to establish their eligibility for asylum. Frustratingly, it is often the public/private distinction that is the culprit in the failure of survivors of intimate partner violence to prove their asylum claims. Adjudicators of asylum claims often view intimate partner violence as a private matter: a husband harming his wife on account of personal reasons. This scenario stands in stark contrast to the more traditional asylum claim: an agent of the state harming a citizen on account of …