Improving SOGI Asylum Adjudication: Putting Persecution Ahead of Identity

Separated Children Fleeing Persecution: A Comparative Study of Asylum Policies in the U.K. and the U.S

To all the children who are forced to grow up too quickly, Who have gone far too long without a reason for laughter, May the promise of peace lull you into gentle sleep, And bring you dreams of days before innocence was lost. ACKNOWLEDGEMENTS To all those who have selflessly given me love and support, I owe you my deepest thanks… TRISTAN BORER For the three years I have been fortunate enough to...

On State, Identity and Rights: Putting Identity First

The paper considers the nature of the state understood as the political unity articulated on the basis of a collective identity which provides the state with its capacity to make decisions. The foremost decision of the state to protect and defend this identity is the source of its authority to enforce laws. Collective identity thus represents an object of special interest, unlike both ‘‘politic...

On Putting the Score ahead of the Game

The Meaning of “Well-Founded Fear of Persecution” in United States Asylum Law and in International Law

Part I of this Article reviews the position of these administrative agencies and of the courts that have agreed with them. Part II discusses the contrary position of the majority of the circuit courts. Part III examines the international law bases of the relevant statutory language. It will be demonstrated that legislative history, United States case law, and international policy and practice, ...

Utilitarian Adjudication

In this paper I offer a defense of the view that judges should decide cases in accordance with act utilitarianism: i.e., in whatever way maximizes overall well-being. To advance this thesis, I first briefly give reasons for dissatisfaction with the commonsense thought that judges should just decide cases as the law requires. I then briefly argue for the claim that all moral agents, including ju...