refugee law and policy a comparative and international approach law casebook

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Refugee Law And Policy

Author : Karen Musalo
ISBN : 1594608393
Genre : Law
File Size : 65. 72 MB
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The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. It includes an extensive discussion of the concept of “social visibility” which has become one of the most controversial interpretive issues in U.S. refugee law. Although Refugee Law and Policy is directed to students of U.S. law, it draws on the legislation, jurisprudence and guidelines of other Refugee Convention and Protocol signatories, including Canada, the United Kingdom, Germany, Australia, New Zealand and South Africa. The casebook is up to date on developments to harmonize refugee policy within the European Union, and includes discussion of relevant E.U. directives. In its treatment of both U.S. and global trends, Refugee Law and Policy examines and contrasts some of the most controversial contemporary issues in refugee law, such as the denial of access to the territory of the country of asylum, through use of expedited removal and similar “accelerated” procedures, the increased use of detention, and the ongoing debate over gender-based claims for protection. Refugee Law and Policy also compares current trends in refugee law to parallel trends in human rights and humanitarian and international criminal law, with special reference to the work of the International Criminal Tribunals for Yugoslavia and Rwanda, and the International Criminal Court. The materials Musalo, Moore and Boswell present in the book are more fully examined through the extensive use of notes and comments, which also serve to highlight essential themes and concepts of the text and to make them more accessible to the reader. Since the casebook addresses both substance and procedure, with a focus on practice as well as theory, it is an excellent text not only for students, but for practitioners and those in government agencies as well.

Forced Migration

Author : David A. Martin
ISBN : 0314285334
Genre : Law
File Size : 58. 10 MB
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Forced Migration: Law and Policy, 2nd edition, addresses the legal framework and policy issues raised by asylum seekers, refugees, internally displaced persons, and other forced migrants. It includes new materials on detention policies, expedited procedures, firm resettlement, fact-finding in the asylum process, gender-related persecution, maritime interdiction, particular social group, terrorism bars, the Convention Against Torture, and many other topics. The principal focus of this casebook is U.S. law and policy, but it also includes a wealth of comparative materials from many countries and regional organizations. Forced Migration provides a more expansive, in-depth treatment of topics examined in the chapter on asylum and the Convention Against Torture in the casebook, Immigration and Citizenship, Process and Policy, 7th edition, co-authored by Aleinikoff, Martin, Motomura, and Fullerton.

Refugee Law And Policy

Author : Karen Musalo
ISBN : UVA:X004267724
Genre : Law
File Size : 65. 92 MB
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Immigration Controls

Author : Kay Hailbronner
ISBN : 1571810897
Genre : Social Science
File Size : 66. 47 MB
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Some of the most pressing questions in immigration law and policy today concern the problem of immigration controls. How are immigration laws administered, and how are they enforced against those who enter and remain in a receiving country without legal permission? Comparing the United States and Germany, two of the four extended essays in this volume concern enforcement; the other two address techniques for managing high-volume asylum systems in both countries.

An Introduction To The Comparative Study Of Private Law

Author : James Gordley
ISBN : 9781316101889
Genre : Law
File Size : 43. 11 MB
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This collection of readings sets out the two fundamental distinctions between common and civil law, namely that the former originated in the English courts, the latter in the Roman legal tradition, and that the common law is based on judicial decisions whereas codes form the basis of modern civil law. The core of the book consists of cases, statutes and code provisions shaping the doctrines central to the law of property, tort, contract and unjust enrichment in the United States, England, France and Germany. These materials provide a road map of the law of each, allowing the reader to consider how doctrines differ, how these differences emerged and whether the underlying problems and solutions are common to all. They also allow for comparison to be made between the approaches of common and civil law and to consider the extent to which they depend on the origin and nature of the law.

Immigration And Refugee Law And Policy

Author : Stephen Legomsky
ISBN : 1609304241
Genre : Emigration and immigration law
File Size : 34. 10 MB
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Since its initial publication in 1992, the book has been adopted at 183 U.S. law schools. It mixes theory, policy, and politics with practice-oriented materials that deal in doctrine, planning, and problem-solving. Legomsky and Rodríguez make heavy use of policy analysis, fact problems, and simulation exercises. The teacher's manual contains detailed analyses of all the policy questions, fact problems, and simulation exercises, as well as synopses of all the cases, sample syllabi, and other teaching suggestions. The new edition incorporates the sweeping changes of the past five years. Highlights include: Discussion of DACA and the dramatic November 2014 executive actions Analysis of the legal limits and policy implications of prosecutorial discretion and other Obama Administration executive actions Discussion of comprehensive legislative immigration reform efforts, including S.744 A new section on vulnerable children, addressing UAC, special immigrant juveniles, child asylum issues, and children's use of T and U visas, with specific discussion of the current Central American UAC issues and 2014 opinion of the Inter-American Court A completely re-written section on same-sex marriages, to reflect Windsor, Zeleniak, and Administration implementation initiatives Entirely rewritten section on asylum claims based on particular social group, to reflect the recent BIA decisions in M-E-V-G- and W-G-R- (concerning the social distinction and particularity requirements), the BIA's 2014 landmark domestic violence decision in A-R-C-G-, and related developments on gender-based asylum claims A completely rewritten section on crimmigration generally, the crime-related deportability grounds, and the categorical and modified categorical approaches, to reflect the Supreme Court's recent decisions in Moncrieffe and Descamps, lower court decisions such as Silva-Trevino, and the 2014 BIA decision in Dominguez-Rodriguez The addition of an extended section on federalism and Arizona v. United States in chapter 2 (constitutional foundations), the creation of a new chapter on enforcement that includes discussion of Secure Communities (now PEP), 287(g), non-cooperation laws, and detention, and a reorganization and streamlining of chapter 12 (undocumented immigrants), to accommodate these changes New developments on in-state tuition for undocumented students New developments on drivers' licenses for undocumented residents New material on advance parole, Arrabally, 601A provisional unlawful presence waivers, and parole in place MAVNI renewal and extension to DACA recipients New developments on Padilla New avenues for representation for low-income immigrants and refugees The Supreme Court's Cuellar de Osorio decision on the Child Status Protection Act New developments on EB-5, particularly with respect to regional centers Material concerning work permits for H-4 nonimmigrants New material on the Adam Walsh Act Discussion of dramatic increases in credible fear interviews and Administration responses Discussion of the asylum clock litigation and its effect on work authorization Material on FOIA litigation involving asylum officer interview notes Important recent court decisions on temporary protected status New developments on in-country renunciation of U.S. citizenship Discussion of assisted reproductive technology (ART) and its effects on both immigration and citizenship law

Casebook On Eu Environmental Law

Author : Ludwig Kramer
ISBN : 9781847312297
Genre : Law
File Size : 51. 29 MB
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This book comments on fifty key judgments which the Court of Justice and the Court of First Instance have given on European Community environmental law. For each judgment,the facts and procedures are described, followed by an extract of the essential parts of the judgment and a commentary which places the judgment in its legal, environmental and political context and develops the lines of reasoning of the Court. The fifty cases selected cover all substantive and procedural aspects of Community environmental law, as regards the provisions of the EC Treaty (cases 1 to 9), horizontal problems (cases 10 to 18), water and air (cases 19 to 25), products and noise (cases 26 to 32), nature protection (cases 33 to 38), waste management (cases 39 to 45) and procedural questions (cases 46 to 50). Particular emphasis is laid on commenting on recent judgments: thus, the oldest case discussed dates from 1991 and 43 of the 50 judgments date from 1996 or later. The book provides a clear insight into the jurisdiction of the European Courts; it will be of particular use to practitioners of national and Community environmental law, researchers, law students and administrators. It is written in a comprehensible style which also makes it a useful tool for non-lawyers who deal with European Community environmental law and policy.

Global Competition Law And Economics

Author : Einer Elhauge
ISBN : 9781847317674
Genre : Law
File Size : 53. 35 MB
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This is the second edition of the acclaimed text on global antitrust law. With markets becoming increasingly global, mergers requiring approval in several different jurisdictions, cartels in one nation affecting supply in others, and countries increasingly entering into treaties with each other about the content or enforcement of competition laws, antitrust law is now a truly global phenomenon. Modern antitrust law is also different because it now reflects an increasingly economic approach to analysing antitrust and competition policy. This innovative work is the only truly comparative and economically sophisticated casebook on the market. Addressed to students from all jurisdictions having competition laws, this casebook provides an in-depth analysis of the two major global antitrust regimes in the world, as well as a summary of selected national antitrust laws. As such it will also serve as a useful reference for practitioners, competition officials and policy-makers interested in competition law. In the four years since the first edition, the increased globalization of antitrust law has continued apace. China, the world's third largest economy after the EU and US, has adopted an antitrust law and other nations have modified and modernized their antitrust regimes. The EU has adopted a new EU Treaty, new EU guidelines on abuse of dominance, new EU guidelines on non-horizontal mergers, and new EU regulations and guidelines on vertical agreements. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the appearance of a new economic approach in the revised 2010 U.S. Merger Guidelines. This new edition expands and updates the pioneering approach of the first edition, addressing new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea, with expanded coverage of China's new antitrust law, and the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela. Praise for the first edition '...worthy of considerable praise...contains a vast collection of well-chosen material taking in a wide span of both antitrust and merger law issues. It is well written and clear throughout, particularly on the economic concepts, and provides incisive commentary and questions which inspire further study.' Peter Whelan, Cambridge Law Journal 'Enlightened law professors and law schools will best serve their students not by teaching national competition law but by adopting Global Competition Law and Economics...an excellent book for introductory courses in comparative competition law at either a graduate or undergraduate level.' Okeoghene Odudu, Common Market Law Review '...the best four-and-a-half centimetres of shelf-space that I have seen devoted to competition law and policy issues for a very long time†?.' Yvonne van Roy, New Zealand Law Journal 'Free from the ideologically-driven perspective that can affect other antitrust casebooks, this is also the first casebook organized from inception with an eye directly on the global context...this book may be used in a classroom in Europe just as it will be used in the U.S. The result is a highly welcome contribution to the evolution of competition studies.' Judge Douglas Ginsburg '...this book is the only one on the market that is extremely well suited for use in a comparative antitrust law class...an extraordinarily teachable book that contains everything you might want to present...Finally, the comparative antitrust field has a standard textbook to use. And a wonderful standard it is.' Robert H Lande, University of Baltimore Law School

Is International Law International

Author : Anthea Roberts
ISBN : 9780190696436
Genre : Law
File Size : 24. 71 MB
Format : PDF
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Immigration And Refugee Law

Author : Catherine Dauvergne
ISBN : 1552395677
Genre : Emigration and immigration law
File Size : 35. 38 MB
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