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Refugee Law's Fact-Finding Crisis
Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.
Protection of Sexual Minorities since Stonewall
The Stonewall Riot in New York in 1969 marked the birth of the sexual minority rights movement worldwide. In the subsequent four decades, equality and related rights on grounds of sexual orientation and gender identity have been enshrined in many African, Asian, Australasian, European and North American countries, thanks to better informed discourses of the natures of sexual orientation, gender identity, equality and rights that systematic scientific and socio-legal research has generated. Discrimination, harassment and persecution on grounds of a person’s sexual orientation or gender identity, however, continue to pervade the laws and social norms in all developed and developing countries...
Transitioning to Reduced Inequalities
The world has never been richer than today. The distribution of our global wealth, however, is hugely biased. Since 1980, the gains were mainly captured by the rich: The top 1% obtained twice as much of the income growth as compared to the bottom 50%. Nevertheless, within economics, debates about inequality have remained rather marginal, despite long-term research by renowned scholars such as Tony Atkinson. Within the public arena, concerns about inequality emerged as a result of a number of developments: First, the global financial crisis in 2008 exposed the risks of the financing of the economy; secondly, 2013, Thomas Picketty’s book “Capital in the 21st century” demonstrated that, a...
The Concealment Controversy
An examination of the concealment controversy in international refugee law.
Women, Judging and the Judiciary
Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are ...
Undocumented Immigrants in an Era of Arbitrary Law
This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research ...
Fleeing Homophobia
Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender ide...
The Right Kind of Suffering
This book is about the asylum experiences of a group of Arab immigrants who used their gender or sexuality to navigate a brutally dysfunctional bureaucracy, a struggle that produces new trauma, stereotypical stories as well as important relief.
The Nature of Inquisitorial Processes in Administrative Regimes
’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.
Law from Below
"This book describes a political theology which provides a mode of engagement with unjust laws. It argues that the theology of Francisco Suárez, SJ, an early modern legal theorist and theologian, which was developed to combat an authoritarian view of law, may be successfully retrieved to provide a constructive model of legal engagement for Christians today, including the possibility that communities may work to change law from the ground up as they function within the legal system, not just outside it. His theory of law thus provides a theologically robust way to mount a counter-narrative to contemporary authoritarian theories of law, while still acknowledging the good in the rule of law and its imposition by a legislative authority. He acknowledges the crucial contribution of citizens to improving law's moral content, without removing the importance of law's own authority or the role of the lawgiver"--
