RESEARCHING REFUGEE AND ASYLUM LAW Margaret Clark, Reference Librarian FSU College of Law Library February 2006.

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Presentation transcript:

RESEARCHING REFUGEE AND ASYLUM LAW Margaret Clark, Reference Librarian FSU College of Law Library February 2006

Refugee & Asylum Law Research Choosing a topic Cutting-edge resources Where to start research Secondary sources Primary sources

Choosing a Topic Legal and major newspapers News Aggregators Press releases or news from IGO and NGO web sites Loose-leaf services (online) BNA’s U.S. Law Week M-B Immigration Bulletin

Choosing a Topic - Newspapers Westlaw ALLNEWS; PAPERSMJ IMMNEWS; IMMIGRBRIEF

Choosing a Topic – News Aggregators Google News Yahoo News

Loose-leaf publications online BNA’s U.S. Law Week

Loose-leaf publications online M-B Immigration Bulletin

KF4802.B46

Cutting Edge Sources Alerting services Scholarly papers Interpreter Releases

Cutting Edge Sources Alerting Services CISNEWS Center for Immigration Studies CISNEWS Scholarly papers Interpreter Releases

Cutting Edge Sources Alerting Services CISNEWS Center for Immigration Studies CISNEWS Migration News UC Davis Migration News Scholarly papers Interpreter Releases

Cutting Edge Sources Alerting Services Scholarly papers CIAO database Google Scholar Interpreter Releases

Cutting Edge Sources Alerting Services Scholarly papers Interpreter Releases Weekly publication Summarizes fed & adm decisions “Hot Topics” Establish WestClip account Also in print KF 4802.I68

Refugee and Asylum law Research is challenging! Field is multidisciplinary Research is found primarily in gray literature Need for current information

Where to start? Use research guides that organize the primary and secondary sources By Elisa Mason Guide to Forced Migration Resources on the Web Guide to International Refugee Law on the Web By others Research Guide to Aliens and the Law Asylum Case Research Guide

Books and treatises Journal articles Gray literature News sources Statistics Country Reports Secondary Sources

Important Treatises Overview AILA’s Asylum Primer, 3 rd ed. Immigration Law and Procedure in a Nutshell Loose-leafs Immigration Law and Procedure, by Matthew Bender Immigration Law Service, by West

Tools for locating books Library Catalog WorldCat IndexMaster netLibrary Digital Libraries

Accessing Aleph

45 hits

WorldCat What is WorldCat? Online catalog of books, periodicals, and electronic materials in libraries worldwide. Most comprehensive resource for bibliographic information – offers 52 million bibliographic records. spans 4000 years of knowledge represents 400 languages

WorldCat identifies materials… …owned by other libraries. … you may want to obtain through Interlibrary Loan.

Access WorldCat by visiting FSU

Digital Libraries UNHCR Library (17,000 records)Library Refugee Studies Centre Library (36,000 records)

Westlaw Lexis Index to Foreign Legal Periodicals Index to Legal Periodicals (ILP) Locate articles 1980-to-date

ILP Retrospective Hein Online JSTOR Locate articles pre-1980

FSU E-Resources by SubjectE-Resources by Subject International Studies Political Science PAIS International Social Science Citation Index Wilson OmniFile Locate articles in the Social Science with these tools:

What is Gray Literature? Academic papers Conference proceedings and papers Corporate documents Government documents Policy briefs Technical reports Theses and dissertations Working papers

Locate gray literature with these tools: CIAO Columbia International Affairs Online CIAO Forced Migration Online U.N. High Commissioner for Refugees sitesite

Country Reports Many organizations publish reports on country conditions. In order to apply for asylum, persons must demonstrate a well-founded fear of persecution. Find reports on country conditions to verify a claim using objective background information. Handout: Country Reports and ConditionsCountry Reports and Conditions

Tools for locating statistics Statistical Universe - LexisNexis AcademicLexisNexis Academic United States Committee for Refugees Handout: Statistical Sources

Primary sources Treaties and conventions National legislation Case law Declarations, recommendations, resolutions

Treaties and Conventions Two Elements to Treaty Research 1.Finding Text authoritative? most recent? 2.Determining Status who has signed and ratified treaty? entered into force? changed by subsequent protocols or amendments?

Treaties and Conventions Finding Text General Online Collections UN Treaty Collection Status of Multilateral Treaties Deposited with the Secretary- GeneralStatus of Multilateral Treaties Deposited with the Secretary- General

Treaties and Conventions Finding Text Refugee Treaties – EISIL U Minn Human Rights Library Recent Treaties International Legal materials ILM Lexis INTLAW lib; ILM file Westlaw ILM database

Search Westlaw or LexisNexis REFLEG - UNHCR REFLEG Foreign Law Guide Aleph online (Login: IP Authentication) Aleph print -- K38.R United States Immigration legislation National legislation

Locating case law Judicial and Administrative Decisions handout handout World LII’s International Courts & Tribunals ProjectInternational Courts & Tribunals Project Refugee Caselaw U. of MichiganU. of Mich Gender Asylum Case Law UC HastingsUC Hastings

Locating resolutions Both GA and SC Resolutions  Official Document System of the United Nations Official Document System of the United Nations  UNBISNET UNBISNET  Access UN Access UN GA Resolutions: NOT legally binding  General Assembly Resolutions General Assembly Resolutions  U.N. Documentation: GA Research Guide U.N. Documentation: GA Research Guide SC Resolutions: Binding on members  Security Council Resolutions Security Council Resolutions

Final Words Develop a research strategy and keep a journal of what you’ve searched and where. Lots on the Web but NOT EVERYTHING. Give yourself plenty of time. ILL process may take a week or more Review published research guides or review Pathfinder. ASK for help!