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Articles 991 - 1020 of 1028
Full-Text Articles in Immigration Law
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Scholarly Articles
No abstract provided.
The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav
The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav
Faculty Scholarship
The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …
State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff
State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff
Michigan Journal of International Law
This paper will explore the international regime of refugee law, seeking to show how legal "solutions" to the "refugee problem" are profoundly state-centered. I will argue that discussions of "solutions" in refugee law and policy have taken a dramatic turn in recent years, replacing an exilic bias with a source-control bias. This new orientation focuses attention on countries of origin, supporting repatriation and human rights monitoring before and after return. I suggest that the shift in emphasis, albeit grounded in part in humanitarian concerns, presents real risks when realized within a system committed to the protection of human rights …
Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn
Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn
Scholarly Works
This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.
Restricting The Flow Of Asylum-Seekers In Belgium, Denmark, The Federal Republic Of Germany, And The Netherlands: New Challenges To The Geneva Convention Relating To The Status Of Refugees And The European Convention On Human Rights, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan
Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan
Penn State International Law Review (1982 - 2011)
In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.
Sanctuary: The New Underground Railroad, Daniel M. Brinks
Sanctuary: The New Underground Railroad, Daniel M. Brinks
Michigan Law Review
A Review of Sanctuary: The New Underground Railroad by Renny Golden and Michael McConnell
Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry
Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry
UIC Law Review
No abstract provided.
Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
Antioch Law Journal
Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …
Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus
Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus
NYLS Journal of Human Rights
No abstract provided.
International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman
International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes
The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes
Cardozo Law Review
No abstract provided.
Index, Michigan Journal Of International Law
Index, Michigan Journal Of International Law
Michigan Journal of International Law
Index of terms used in this volume.
Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker
Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker
Michigan Journal of International Law
This note reviews the history and antecedents of subsection 203(a)(7)(B), suggests explanations for its repeal, and explores alternative relief for the individuals who might formerly have benefited from it. It is presumed that some victims of natural disasters have a need for refuge equal to that of the refugee fleeing persecution. This is not to say that every "catastrophic natural calamity," as the now defunct statutory formulation put it, produces victims requiring the extraordinary relief of asylum. Yet, when the disaster constitutes a continuing threat to human life, and aid to the stricken area cannot restore an acceptable standard of …
Refugees, Law, And Development In Africa, Peter Nobel
Refugees, Law, And Development In Africa, Peter Nobel
Michigan Journal of International Law
This article concerns those large movements of people in Africa, which have been called the "African refugee problem." However, large and intriguing migrations of populations have occurred in Africa for centuries. The earliest migrations reflected the spread of culture, the growth of trade and the development of roving early kingdoms. The unique history behind the refugee dilemma, however, begins with the instability spawned by slave trading and colonialism. Sensitivity to these eras heightens an understanding of why today's Africa is wrought with economic crises, territorial disputes, unnatural frontiers, misfit ethnic combinations, and more refugees than any other continent. Against this …
International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty
International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty
Michigan Journal of International Law
This article explores the possibility of using some of the other international agreements to secure the rights of asylum seekers. These treaties belong to the relatively new body of international law- human rights law- which gives broad protection to individuals everywhere regardless of status. In a significant development for international law, 12 institutions and procedures have been established internationally and regionally to monitor the enforcement of these human rights agreements. Several of these institutions, by virtue of treaty or statute, even possess the competence to hear complaints about states' violations of human rights. Insofar as the claims of refugees fall …
Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman
Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman
Michigan Journal of International Law
One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …
The Refugee Act Of 1980: Its Past And Future, David A. Martin
The Refugee Act Of 1980: Its Past And Future, David A. Martin
Michigan Journal of International Law
Offered here is a description of the key provisions of the Refugee Act, suggesting why they took the shape they did and outlining the major difficulties that remain in crafting and sustaining effective refugee and asylum policies.
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.
Refugee Resettlement In The United States: The Role Of The Voluntary Agencies, Norman L. Zucker
Refugee Resettlement In The United States: The Role Of The Voluntary Agencies, Norman L. Zucker
Michigan Journal of International Law
Statistics on refugee resettlement in the United States are obsolete as soon as they are published. What does remain current and constant, however, is that there is a global refugee crisis. The numbers of refugees in the world are not likely to diminish, and indeed, given the vagaries of international politics, the world's refugee population is likely to increase. As a major world power the United States has had to evolve a refugee policy. This policy operates on two levels: on the foreign level there has been an attempt to provide for the regional and international resettlement of refugees and …
Deportation And The Refugee, Elwin Griffith
Deportation And The Refugee, Elwin Griffith
Michigan Journal of International Law
Long ago when it was unnecessary to restrict the number of aliens entering the United States, there was little distinction between refugees and other immigrants. Both groups shared similar motivations and problems. Some immigrated solely for economic reasons, while others sought new horizons because of political or religious persecution at home. In the main, though, the desire to immigrate was nurtured by the yearning for a better life.
Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass
Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass
Michigan Journal of International Law
This note begins with an examination of the problems of establishing, funding, and terminating previous resettlement programs involving Cuban and Indochinese refugees. These programs were limited to assisting refugees from specific geographic areas. Each refugee influx called for new legislation, and "new" programs frequently lingered on beyond their useful lives. Uncertainty about the timing of their eventual phaseout left state and local administrators unable to plan for a smooth transition following the termination of federal funding.
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 …
Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young
Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young
Michigan Journal of International Law
A refugee leaves the country of his or her national origin because the political community will not or can no longer vouchsafe the refugee's life, liberty, or peace of mind. In many cases, the sovereign of national origin actively and coercively deprives the refugee of those basic components of human dignity. By taking flight, refugees enter a precarious realm between sovereigns. They may no longer rely upon the solicitude of their native sovereign, yet international law gives them no effective replacement for that power. They gain neither a right to asylum in other countries nor one to the assumption of …
Appendix Iii, Michigan Journal Of International Law
Appendix Iii, Michigan Journal Of International Law
Michigan Journal of International Law
In this section: • Review of Foreign Laws
Appendix Iv, Michigan Journal Of International Law
Appendix Iv, Michigan Journal Of International Law
Michigan Journal of International Law
In this section: • Selected Works on the Rights and Status of Refugees Under United States and International Law, 1960-1980
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 …
Appendix Ii, Michigan Journal Of International Law
Appendix Ii, Michigan Journal Of International Law
Michigan Journal of International Law
In this section: • Review of United States Law
Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin
Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin
Michigan Journal of International Law
This article analyzes some of the significant post-World War II refugee crises and describes in summary how the international community responded to each. Overpopulation, legal and illegal migration, and repatriation of thousands of colonials have had a negative influence on public opinion with respect to rescuing and assisting refugees. Yet today the refugee problem and the attendant human suffering is growing. There are serious apprehensions about the mounting costs and the ability of those concerned to cope. The international machinery is stretched; inflation and unemployment in the industrialized world have further complicated the search for solutions. Present and future refugee …
Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee
Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee
Michigan Journal of International Law
Part I of this note provides an overview of federal legislation regarding admissions of unaccompanied refugee children. Part II describes various obstacles to a smooth transition from the child's admission into the United States to his or her placement by a state court with a permanent legal custodian who ensures that the child receives care and supervision. Problems in this area frequently result from uncertainties regarding long-term financial responsibility for the child. Also common are procedural difficulties in introducing unaccompanied refugee children into state child welfare systems. Part III then focuses on conflicts arising after the child's placement, when the …