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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
Membership In A Particular Social Group: International Journalists And U.S. Asylum Law, Edward L. Carter, Brad Clark
Membership In A Particular Social Group: International Journalists And U.S. Asylum Law, Edward L. Carter, Brad Clark
Faculty Publications
At least thirty non-U.S. journalists in the last decade have argued in U.S. Courts of Appeal that U.S. immigration authorities erroneously denied their asylum applications based on persecution in their native countries. ... Still, journalists persecuted in their home countries for their journalism work might better fit the statutory qualifications for asylum --primarily persecution on account of race, religion, nationality, political opinion or membership in a "particular social group"--than the U.S. immigration system sometimes acknowledges. ... Finally, and most importantly, the asylum seeker bears the burden to establish that he or she is unable or unwilling to return to his …
Newspaper Vs. Non-Newspaper Litigants In The U.S. Supreme Court, 1964-2001, Edward L. Carter, James C. Phillips
Newspaper Vs. Non-Newspaper Litigants In The U.S. Supreme Court, 1964-2001, Edward L. Carter, James C. Phillips
Faculty Publications
Newspapers have been involved as litigants in some of the most significant First Amendment cases to come before the U.S. Supreme Court. Particularly since the groundbreaking case New York Times Co. v. Sullivan in 1964, newspapers have played a prominent role in Supreme Court cases that have defined many important points of First Amendment doctrine and have tested the nation's commitment to freedom of expression. Newspapers have successfully challenged, among other regulations, strict liability for defamation, a mandatory right of reply for political candidates, prior restraint of publication and a courtroom closure order in a high-profile state murder trial. But …