This chapter discusses the implications of the UK Supreme Court judgment on gay rights in HJ (Iran)  UKSC 31, which inspired a fierce debate among refugee law scholars on the role of a claimant’s acts, identity and rights, especially in a 2012 article by James Hathaway and Jason Pobjoy in 2012. The chapter argues that the reaction to that decision by Hathaway and Pobjoy’s article crystallises a broader dispute concerning a gay person’s future conduct in refugee law at the heart of refugee protection and how this debate systematises the two broad trends that literature and case law reveal, which are represented by the judgment and the article. The chapter proceeds thereafter to reflects on the reasons why the claimant’s future behaviour causes such trouble and suggests that the refugee law community might in fact be fighting over the ‘right’ solution to a different puzzle.
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Julian M. Lehmann
This chapter will assess the workforce of the 1951 Geneva Refugee Convention from the point of view of legal research debates. It is guided by the questions of whether the Convention is relevant (has the Convention evolved to ensure its continuous application?), effective (do the Convention’s provisions serve their purpose, and if not, why?) and whether it is sustainable (are there trends that could challenge the Convention’s relevance and effectiveness?). It addresses these questions by outlining contentious issues in respect of the following selected topics of refugee law research: the development of the Convention’s refugee definition; the relation of refugee law to human rights law; the dissonance between the Convention’s provisions on criteria for refugee status and substantive rights on the one hand, and access to asylum on the other hand; the universality of the Convention; and, last but not least, the relation of the Convention to politics. The chapter concludes with an assessment on the Convention’s future, as well as on research agendas for refugee law.
This chapter deals with the strategies which Australia has employed to minimize the impact of its Refugee Convention obligations on its ability to implement its immigration and border control agenda. The chapter’s content is of wider relevance because, in the wake of the Syrian refugee crisis, commitment to human rights is receding and anxieties about uncontrolled population movement are coming to the fore in an increasing number of states. These states are looking to Australia for lessons on how to respond. Three inferences can be drawn from Australia’s conduct over the past 25 years: successive governments have not been politically committed to achieving the object and purpose of the Refugee Convention; they have viewed that Convention as an obstacle to achieving a policy objective to which they have been politically committed, the exercise of complete control over the entry and presence in Australia of non-citizens; and they nevertheless take the view that it is politically untenable, internationally if not domestically, to admit to flouting the Convention while remaining a party to it.
The Code gives the trustee various rights and powers, some of which are collectively referred to as the avoidance or avoiding powers. These powers foster equal treatment among creditors, by defeating any pre-bankruptcy creditor (or debtor) efforts to drain assets out of the debtor, and thus the estate. Three key avoiding powers are the preference provisions, the fraudulent transfer provisions, and the trustee’s “strong arm” provisions. Additionally, every state has its own fraudulent conveyance or transfer law, which is applicable outside of bankruptcy as well as in bankruptcy. Preference actions avoid two problems: the debtor’s management picking winners and losses on the eve of filing, and some creditors getting better treatment than others simply by virtue of when the petition is filed. Fraudulent transfer actions return assets to the estate that left either for inadequate value, or as part of the debtor’s plot to hide its assets. And the strong arm powers allow the trustee to harness the powers of individual creditors for the benefit of the estate as a whole.
The last decade has seen a rapid security build-up in the West African Sahel. Several powerful actors, including the US, France, and the European Union, have funneled money into counterterrorism and anti-organized crime initiatives throughout the region. These efforts have dramatically changed the scope and character of foreign engagement with the Sahel. Many popular media and scholarly accounts of contemporary foreign-led security efforts in the Sahel are quick to write these developments exclusively into a post-9/11 counterterrorism lineage, which expands outward from the Middle East and East Africa into West Africa. However, these conventional accounts often miss the ways in which present security interventions are inflected through a range of deeper environmental anxieties about arid and semi-arid spaces. This chapter explores this by tracing the fashioning of Sahelian landscapes as sites of security governance in the 21st century.
Joseph Price, Sebastian Brown and Jacob Van Leeuwen
We construct a new dataset that links information on professional baseball players with genealogical information about their family members. Our sample includes 4,091 major league players born before 1940 along with 8,344 of their siblings. We find that MLB players live about 3 years longer than their siblings. In order to examine how much of this difference is due to a possible income effect, we also construct a sample of 6,134 minor league players (who never made it to the majors) and 9,245 of their siblings. We find an even larger gap for the minor league players with them living about 4.1 years longer than their siblings. The dataset that we’ve constructed provides a unique way to incorporate information from census and vital records to expand the types of measures that we have about professional athletes.
Richard T. Froyen and Alfred V. Guender
Chapter 2 presents some early models that treat the question of optimal monetary policy as one of constrained optimization in an uncertain environment. The constraints are the equations of the model that characterizes the economy. Within this framework the choice of instrument and target variables is considered. The concept of a combination policy is explained. The final sections in the chapter extend the analysis to cases where uncertainty is due to not only to additive shocks but also to uncertainty about model parameters and structure.
Michael Leeds and Hugh Rockoff
For many years after the Civil War there were many prominent African American jockeys. They rode winners in all of the Triple-Crown races: the Kentucky Derby, the Preakness Stakes, and the Belmont Stakes. But at the turn of the century African American jockeys were forced out. It was another poignant example of the “Strange Career of Jim Crow.” This chapter uses a new dataset on the Kentucky Derby, including odds all the entrants in all of the races through 1911, to explore further the attitudes of owners, trainers, and the betting public toward African American jockeys before their expulsion.
In this very preliminary inquiry, we consider five “systems” of betting on sport, from: (1) private peer-to-peer betting, to (2) commercial bookmaking on multiple outcomes, (3) parimutuel betting on combination of events, (4) real-time betting, and eventually (5) platform intermediated peer-to-peer betting. The evolution from one step to another was mainly driven by betting operators, who played with regulation to supply the customers with betting opportunities that fit their preferences and biases: ball sports displaced horse racing, and live betting cannibalized the other forms of betting since the mid-2000s. The advent of the Internet made regulations difficult to enforce and cut tax income, but solutions to these problems are eventually being found, with algorithms providing for fraud detection and exchange of information enabling the taxation of bettors’ income rather than placed bets. Implementation is still in the waiting, though.