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Articles 1 - 7 of 7
Full-Text Articles in Law
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
Philosophy: Faculty Publications and Other Works
Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …
“By Accident Of Birth”: The Battle Over Birthright Citizenship After United States V. Wong Kim Ark, Amanda Frost
“By Accident Of Birth”: The Battle Over Birthright Citizenship After United States V. Wong Kim Ark, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting the Wong family's struggle for legal recognition to illuminate the convoluted history of birthright citizenship. Newly discovered archival materials reveal that Wong Kim Ark and his family experienced firsthand, and at times shaped, the fluctuating relationship between immigration, citizenship, and access to …
Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes
Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes
UDC Law Faculty in the News
No abstract provided.
Unrwa And Palestine Refugees, Susan M. Akram
Unrwa And Palestine Refugees, Susan M. Akram
Faculty Scholarship
This chapter studies the relationship between Palestinian refugees and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). UNRWA’s role is to provide humanitarian ‘relief’ and to provide economic opportunities—‘works’—for refugees in the areas of major displacement: the West Bank, Gaza, Syria, Jordan, and Lebanon. Initially, the definition of Palestine refugee for UNRWA’s purposes was a sub-category of the United Nations Conciliation Commission on Palestine definition for purposes of relief provision, but it also included other categories of persons displaced from later conflicts. Following the passage of the Convention on the Reduction of Statelessness, the …
Shadow Pandemic: Covid-19 Lockdown Brings Increased Risk Of Violence For Rohingya Women And Girls, Sara Edwards
Shadow Pandemic: Covid-19 Lockdown Brings Increased Risk Of Violence For Rohingya Women And Girls, Sara Edwards
Law in a Post-Pandemic World
This blog is a reflection on the increases in gender-based violence (GBV) against Rohingya women in Bangladesh due to the COVID-19 pandemic.
Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine Venter
Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine Venter
Journal Articles
This Article argues that states must desist from and be held accountable for the ongoing practices of denying refugees due process and denying humanitarian groups the rights to freely associate and freely exercise their religion in assisting refugees.
Refugees, Refoulement, And Freedom Of Movement: Asylum Seekers’ Right To Admission And Territorial Asylum, Timothy E. Lynch
Refugees, Refoulement, And Freedom Of Movement: Asylum Seekers’ Right To Admission And Territorial Asylum, Timothy E. Lynch
Faculty Works
Despite the assertions by many, including eminent refugee scholars, UNHCR, and other refugee advocates, and except within the contexts of the regional regimes of Africa and Latin America, international law, including the 1951 Refugee Convention (and its 1967 Protocol) and the customary international law of non-refoulement, does not obligate States to admit into their territories asylum seekers or refugees, including those who appear at their frontiers seeking territorial asylum. This Article establishes this claim, considers this absence as a normative incoherency within international refugee law, and then concludes by urging States to consent to an obligation to admit asylum seekers …