Refugee Law (Chang-Muy)
Faculty
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| Fernando Chang-Muy Thomas O'Boyle Lecturer in Law fchang@law.upenn.edu |
Additional Information
Skills Training
Oral Presentations
Team Projects
Drafting Legal Documents
Other Professional Skills:
Grading
40% Participation,
30% Exam,
30% Paper,
Other (Weekly Reporting dealing with root cause or host country treatment throughout (Individual) 5
Mock Application for Asylum I-589 One page Affidavit (Individual) 10
Team Presentations on Intl Human Rights 10
Team Presentations throughout on Non Profit Competencies 10
A Table of Contents for an Asylum Application in lieu of an actual packet for an actual asylum seeker (Individual) 30
Response to a hypothetical asylum applicant 20
A Team website putting theory into practice 15)
Exam
Essay,
Take Home,
Open-Book (In lieu of exam, the following will be class deliverabnles:
-Development of asylum packet for asylum seekers (Application for Asylum; Affidavit; Country of origin research)
-Development & presentation of website on a theme for non lawyers - )
Yes
¿ Topics should be chosen on or before the tenth Class
¿ Topics should be chosen that are interesting, novel and important TO YOU.
¿ The paper could
o -explain the meaning of a specific case in the context of a developing area but not be limited to a description of the law or a review of a single case;
o -suggest statutory/regulatory reform
o -supply new critical analysis for decision-making in the courts
¿ Outline will be submitted to Instructor by the BEGINNING OF THE TWELFTH week.
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.
- If you are absent due to illness or some other unavoidable circumstance, email me and I can make PowerPoint slides or other class materials available to you.
- When you are better, please make an appointment to meet with me and I will review/answer questions about what you missed.
Meeting Times/Location
W 3:00PM - 5:45PM
Silverman Hall 240A
Category
Upper-Level
Credits
3.0
This course will explore the origins of protection from persecution: “refuge” or “asylum.” We will begin with a review of the United Nations 1951 Convention and 1967 Protocol relating to the Status of Refugees – international treaties against which refugee protection is measured. We will study the responsibilities and realities of the Office of the United Nations High Commissioner for Refugees which monitors States’ implementation of the UN treaty. The course will begin with how Africa, Asia, Latin America, Europe, and the Middle East deal with refugees. Throughout the course, students will explore the root causes reasons of current and potential displacements in these regions of the world.
The major portion of the course, however, will deal with who is and is not a refuge vis-a-vis the various sources of law in the United States: the 1980 Refugee Act, implementing regulations, and judicial decisions. To better understand how theory is put into practice, students will regularly report on current events, learn from guest lecturers, and submit project-based assignments. In the past, a field trip gave students the opportunity to interview actual asylum seekers in Pennsylvania or New Jersey, some of whom may be in detention. Due to ongoing public health issues, we will not be able to do so this semester. However, the readings, guest speakers, and film clips aim to illustrate how the United States legislative, executive, and judicial branches interact in determining refugee status.
The course will conclude by looking at the international and domestic response to refugee issues such as exclusion from refugee status, employment, public benefits entitlements, expedited procedures, detention, and returns to safe countries. By the end of the course, students will be able to apply the nuts and bolts of asylum so that they can represent an asylum seeker. Each class will be bookended with two other major topics. At the beginning of classes, students will discuss the linkage between human rights and persecution. Teams of students will lead discussions of how knowledge of core international human rights standards can help prove persecution - a key element in the refugee definition. To that end, this course has been approved as meeting the requirements towards the Global Human Rights Certificate.
And towards the end of the semester, teams of students will also facilitate discussions of key non-profit components: governance, human resource management, program evaluation, and administrative operations issues such as resource development. Given the important role that non-profit organizations play in advocating for refugees, student teams will present best practices regarding non-profit core competencies. By the end of the course students will better understand how non-profits can implement promising practices as to refugees, so that students can apply the information to work in, volunteer, or serve on Boards of serving non-profits.
Learning Objectives The course aims to support students in achieving various learning objectives. By the end of the course students will be able to understand:
International Human Rights and the intersection with “persecution” such as: a. International human rights principles and core human rights instruments b. The intersection of human rights with the “persecution” element/prong of the refugee definition
Key refugee policies and practices such as: a. Root cause of flight and host country responses b. Legal definition of refugee vs. asylee c. International and U.S. domestic asylum process to determine legal status d. Grounds for exclusion and deportation e. Refugee resiliency as well as challenges
Non-profit competencies and promising practices, with a focus on making services accessible to refugees such as: a. Board governance b. Human Resources management c. Program Evaluation and Collaboration d. Resource/Fund Development
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.
Professional Responsibility and Ethics Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.
Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.
Equity and Inclusion Learning outcomes: Demonstrate a core understanding of the varied legal aspects of equity and inclusion; Perform legal analysis in the context of topics related to equity and inclusion; Communicate effectively on the legal aspects of equity and inclusion; Demonstrate an understanding of how equity and inclusion are connected to and affected by a wide variety of legal and regulatory structures and doctrines.