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Vanderbilt University Law School

Judicial review

Vanderbilt Journal of Transnational Law

Immigration Law

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The Refugee Act Of 1980--What Burden Of Proof: Controversy Lives On After "Stevic", Jeffrey S. Bivins Jan 1985

The Refugee Act Of 1980--What Burden Of Proof: Controversy Lives On After "Stevic", Jeffrey S. Bivins

Vanderbilt Journal of Transnational Law

This Article explores the burden of proof debate. First, it delves into the historical developments leading up to the Refugee Act then focuses on the Refugee Act's legislative history and on case law prior to the Supreme Court's decision in Stevic. Second, the Article discusses the Stevic opinion and the interpretation of Stevic in subsequent circuit court decisions. Third, it analyzes Stevic and the subsequent cases. The Article concludes with a look at what the future holds for the Refugee Act.