Archive for ‘Student writing’

A Three-year-old Cannot Represent Herself in Court: The Need to Appoint Counsel to Children in Removal Proceedings

A Three-year-old Cannot Represent Herself in Court: The Need to Appoint Counsel to Children in Removal Proceedings

 By Jennifer Quezada Castillo.

Immigration proceedings are far from being simple and easily understood procedures. The court in Castro-O’Ryan v. INS recognized the complexity of our immigration laws by holding that “‘immigration laws [are] second only to the Internal Revenue Code in complexity.’” If courts have recognized the intricacy of our immigration laws, it’s difficult to comprehend why we would require a child to make sense of this complex system without the assistance of an expert in the field. We shouldn’t. However, our laws do not reflect this simple and logical answer. […]

Circumventing International Law:  The EU’s Responsibility for Rights of Migrants Returned to Libya Under Operation Sophia

Circumventing International Law: The EU’s Responsibility for Rights of Migrants Returned to Libya Under Operation Sophia

By Victoria Jensen.

From January to October 2016, nearly 160,000 refugees crossed the Mediterranean to Italy. In response to the smuggling and trafficking across the Mediterranean, the European Union created Operation Sophia. However, Operation Sophia has resulted in migrant and refugee boats being intercepted by the Libyan Coast Guard and being returned to Libya. Through the Operation Sophia training program, the EU has effectively delegated European border control to the Libyan Coast Guard. This practice allows the EU to evade both their duty of non-refoulement and duty to rescue distressed persons at sea. The EU has trained Libyans to conduct actions which the EU could not legally accomplish itself under international law, and is therefore violating international human rights law by aiding and assisting Libya’s wrongful actions. […]

Freedom of Movement: the Right to Leave Permanently and the Right to Leave Temporarily

Freedom of Movement: the Right to Leave Permanently and the Right to Leave Temporarily

By Lauren Gillespie.

Man is a migrant species. With modern technology, emigration has lost its permanency, and people ebb and flow through borders. And today states struggle to control the movement of humanity across borders while respecting the right to freedom of movement. In this article, I argue that the international law community split freedom of movement into two distinct rights: namely, the right to leave permanently and the right to leave temporarily. […]

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

By Howell Ma.

The legalization of gay marriage is being argued in China right now. It is has been discussed in the society for years, especially after the United States (“U.S.”) Supreme Court Obergefell ruling came out in 2015. Constantly, there are discussions regarding why it is so difficult for the People’s Republic of China (“PRC”) to recognize same-sex marriage while ancient China had relatively more tolerant policies towards same-sex relationships. This article argues the greatest challenge is not the constitutional grounds, but rather social hurdles: traditional Confucian culture, the government’s ignorance of the existence of lesbian, gay, bisexual and transgender (“LGBT”) people in China, and the general mass social views of homosexuality and same-sex marriage in China. […]