UNIVERSITY OF BALTIMORE 9/14/06

Transcription

1 UNIVERSITY OF BALTIMORE 9/14/06 DOCUMENT N: COURSE AND PROGRAM DEVELOPMENT COVER SHEET See Course and Program Development Policy and Procedures for Instructions SCHOOL: LAW MSB YGCLA Contact Name: Cheryl Cudzilo Phone: DEPARTMENT / DIVISION: Law School SHORT DESCRIPTION OF PROPOSAL (state name of action item 1-20 and course name, code & number / program affected): Addition of new course: Comparative Refugee and Asylum Law to be offered only in the Curacao Winter Intersession Study Abroad Program. PROPOSED SEMESTER OF IMPLEMENTATION: Fall Spring Year: 2007 Box 1: TYPE OF ACTION ADD(NEW) DEACTIVATE MODIFY OTHER Box 2: LEVEL OF ACTION Non-Credit Undergraduate Graduate OTHER Box 3: ACTION ITEM (check appropriate boxes) DOCUMENTS REQUIRED (see box 4 below) IMPACT REVIEWS (see box 5 on back) APPROVAL SEQUENCE (see box 6 on back) 1. Experimental Course 1 NOP a, c, e AC 2. Course Title NO ABCD 3. Course Credits NO ABCD 4. Course Number NO ABCD 5. Course Level NO ABCD 6. Pre & Co-Requisite NO ABCD 7. Course Description NOP ABCD 8. New Course NOP ABCDEF 9. Deactivate a Course NO ABCDEF 10. Program Requirements NO b, c, d, e ABCDEF 11a. UG Specialization (24 credits or less) NO a, b, c, d, e ABCDEF 11b. Masters Specialization (12 credits or less) NO a, b, c, d, e ABCDEF 11c. Doctoral Specialization (18 credits or less) NO a, b, e ABCDEF 12. Closed Site Program NOT e ABCDHIK 13. Program Suspension 9 NO,5 a, e ABCDEGIK 14a. Certificate Program (ug/g) exclusively within existing degree program NO a, c, e ABCDEFHIK 14b. Certificate Program (ug/g) where degree programs do not exist or where courses are selected NOQR, 6 a, c, e ABCDEFHJL across degree programs (12 or more credits) 15. Off-Campus Delivery of Existing Program NO, 4 a, b, c, e ABCDEFHIL 16a. UG Concentration (exceeds 24 credit hours) NO, 5 a, c, d, e ABCDEFGHJL 16b. Masters Concentration (exceeds 12 credit hours) NO, 5 a, c, d, e ABCDEFGHJL 16c. Doctoral Concentration (exceeds 18 credit hours) NO, 5 a, c, d, e ABCDEFGHJL 17. Program Title Change NO, 5 a, c, d, e ABCDEFGHJL 18. Program Termination NO, 10 d, e ABCDEFGHIK 19. New Degree Program NOQR, 3,8 a, c, d, e ABCDEFGHJL 20. Other Varies Varies Varies Box 4: DOCUMENTATION (check boxes of documents included) N. This Cover Sheet Q. Full 5-page MHEC Proposal T. Other O. Summary Proposal R. Financial Tables (MHEC) P. Course Definition Document S. Contract 1. Approval of experimental course automatically lapses after two offerings unless permanently approved as a new course. 2. Codes: a) Library Services (Langsdale or Law) b) Office of Technology Services c) University Relations d) Admissions 3. Letter of Intent is required by USM at least 30 days before a full proposal can be submitted. Letter of Intent requires only the approval of the dean and the provost and is forwarded to USM by the Office of the Provost. 4. One-page letter to include: Program title & degree/certificate to be awarded; resources requirements; need and demand; similar programs; method of instruction; and oversight and student services (MHEC requirement) 5. One-page letter with description and rational (MHEC requirement) 6. One or two-page document that describes: centrality to mission; market demand; curriculum design; adequacy of faculty resources; and assurance program will be supported with existing resources. (MHEC requirement) 7. Learning objectives, assessment strategies; fit with UB strategic plan 8. Joint Degree Program or Primary Degree Programs require submission of MOU w/ program proposal. (MHEC requirement) 9. Temporary suspension of program to examine future direction; time not to exceed two years. No new students admitted during suspension, but currently enrolled students must be given opportunity to satisfy degree requirements.

2 to be offered only in the Curacao Winter Intersession Study Abroad Program.

3 UNIVERSITY OF BALTIMORE DOCUMENT O: SUMMARY PROPOSAL See Course and Program Development Policy and Procedures for Instructions SCHOOL: LAW MSB YGCLA Contact Name: Cheryl Cudzilo Phone: DEPARTMENT / DIVISION: Law SHORT DESCRIPTION OF PROPOSAL (state action item 1-23 and course name & number or program affected): Addition of new course: Comparative Refugee and Asylum Law to be offered only in the Curacao Winter Intersession Study Abroad Program. PROPOSED SEMESTER OF IMPLEMENTATION: Fall Spring Year: 2007 O-1: Briefly describe what is being requested: New course addition to be offered only in the Curacao Winter Intersession Study Abroad Program. For new courses or changes in existing courses (needed by Registrar) OLD Title: Course # / HEGIS Code: Credits: NEW Title: Comparative Refugee and Asylum Law Course # / HEGIS Code: LAW 593 Credits: 2 O-2: Set forth the rationale for the proposal: In a world in which hundreds of thousands of refugees from Africa, the Americas, Asia, Europe and other areas, are fleeing their countries, legal systems focused on adjudicating refugee status and rights are receiving a huge amount of attention. Many law schools within the United States have courses aimed at teaching students about the United States refugee system. Given that refugee law has its origins in international human rights law and is based on international treaties and agreements, however, refugee legal systems should be looked at in an international context. Other countries are developing legal systems to execute the same agreements, and these systems should be viewed comparatively. A course which looks at United States refugee and asylum law in comparison to other countries systems benefits the students as well as the law school and university by offering the most effective and most academically sound method of looking at this area of law. The students will further benefit by learning about the how the legal systems in a variety of countries have responded to mass migrations and the plight of displaced people. Students will learn the sources of international human rights law and will become familiar with several of the major treaties and documents in this area and their impact on domestic law. Students will learn how to analyze international treaties and agreements as well as the legal systems designed to implement those treaties and agreements, and they will compare these systems. Students will learn about the interplay between refugee law and immigration and nationality law; in a period where many nations are reworking their immigration laws to deal with a flood of refugees and other migrants, this is a crucial and timely issue. Finally, refugee law is one of the most compelling areas of law, where the implications of legal decisions and policies literally may mean life or death for thousands of refugees. Rarely does the law have such heartbreaking stories brought before it; rarely is the law used to so dramatically right the wrongs visited upon a person and to give that person a new chance at life. It is a fascinating arena for students to study the law, and to see how different countries have dealt with these challenges. It teaches students of the vital role that lawyers and legal systems play in countries throughout the world.

4 APPROVAL OF NEW LAW SCHOOL COURSE "SUMMARY PAGE" /Deadlines: to commence Spring semester: Sept. 15; Summer or Fall Semester: Feb. 15) Prepared by: -Lauris Wren m: September 4, 2006 Course Title: Comparative Refugee and Asylum Law Credit Hours: 2 Course Description (for inclusion in Law School Catalog): Throughout 'this century, millions of refugees have been forced to flee their homes to escape persecution, war, and other threats, and the world has been forced to respond to these crises. This course will look at the international development of modern refugee law. The primary text will be Refugee Law and Policy, A Comparative and International Approach, by Musalo, Moore, & Boswell (Carolina Academic Press). We will examine the treaties and instruments that have attempted to address the problems facing refugees and displaced people, including the Universal Declaration of Human Rights, the United Nations Convention Relating to the Status of Refugees, the 1967 United Nations Protocol Relating to the Status of Refugees, the United Nations High Commission for Refugees Handbook on Procedures and Criteria for Determining Refugee Status, and the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We will review how refugees have been defined and treated in the United States, and we will compare United States asylum law to the laws of various other countries. If time allows, we will discuss the treatment of specific types of asylumlrefugee claims, including claims based on gender, sexual orientation, and religion. Course Prerequisites: N.A. Open Enrollment: yesl N o Limited Enrollment: Yes No3 Suggested Approximate Class Size: Type of course: Seminar: Workshop: Advocacy: Scholarly Upper Level Writing Req: Clinic: Perspective Course: -X - Concentrations: (check appropriate) Business -- Environmcntnl Gcncrnl - Public &. Govl. - Criminal Estate - I P Real Estate- Int'l & CompJ Electronic - Family Litigation & Advocacy Theories- Assessment Strategies Type of evaluation of student: (check appropriate) Examinatioil X 25+ page Law Review Format Paper - Simulations - Draft Documents/Complex instruments - Short Assignments -

5 Other (explain) Text(s): Include author, title, publisher, date of publication, and if the text is required: Refugee Law and Policy, A Comparative and Intevnational Approach 2nd Edition, by Musalo, Moore, & Boswell (Carolina Academic Press 2002). Required. Refugee Law and Policy: Selected Statutes, Regulations And Intevnational Matevials, by Musalo, Moore, & Boswell (Carolina Academic Press). Required. Content Outline: This course will look at the international development of modern refugee law. We will examine the treaties and instruments that have attempted to address the problems facing refugees and displaced people. We will review how refugees have been defined and treated in the United States, and we will compare United States asylum law to the laws of various other countries. If time allows, we will discuss the treatment of specific types of asylurn/refugee claims, including claims based on gender, sexual orientation, and religion. Week One: Week Two: Historic treatment of refugees; definition of who is a refugee. Treaties and Instruments aimed at addressing the problems facing refugees and displaced people: the Universal Declaration of Human Rights, the United Nations Convention Relating to the Status of Refugees, the 1967 United Nations Protocol Relating to the Status of Refugees, the United Nations High Commission for Refugees Handbook on Procedures and Criteria for Determining Refugee Status, and the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Non-refoulement vs. asylum United States Refugee/Asylum Law and Policy Race, Religion, Nationality, Political Opinion, Membership in a Particular Social Group. Nexus, Well founded fear, Burden of Proof, State vs. Non-State persecutor, Bars to Asylum/Refugee status. Other Western Hemisphere countries' systems or practices in dealing with refugees. Inter-American agreements regarding processing and treatment of refugees. Week Three: European Refugee Systems. Application of the definition of refugee and procedures used to adjudicate refugee status. Cruz-Varas v. Sweden Vilvarajah v. UK Regina v. Hnme Secretary ex parte Kivnlcumaran Islam v. Sec. of State for the Home Department Regina v. Home Secretary ex parte Shah If time, Australian Refugee System. Current Debates in Refugee Law: security issues; detention of asylum seekers; prosecution of asylum seekers for use of false documents or violation of immigration laws; public assistance given to asylum seekers; mass migration following civil war; breakdown of governments; etc.

6 Possible Inserts: 1990 Cairo Declaration on Human Rights in Islam 1994 Arab Charter on Human Rights Final Declaration of the Regional Meeting for Asia of the World Conference on Human Rights of 2 April 1993 (Bangkok Declaration) Draft Pacific Charter of Human Rights Learning Goals: Throughout this century, millions of refugees have been forced to flee their homes to escape persecution, war, and other threats, and the world has been forced to respond to these crises; the students will learn about.the how the legal systems in a variety of countries have responded to these catastrophes. Students will learn the sources of international human rights law and will become familiar with several of the major treaties and documents in this area and their impact on domestic law. Students will learn how to analyze international treaties and agreements as well as the legal systems designed to implement those treaties and agreements, and they will compare these systems. Students will learn about the interplay between refugee law and immigration and nationality law; in a period where many nations are reworking their immigration laws to deal with a flood of refugees and other migrants, this is a crucial and timely issue. A Full Rationale (include how the proposed course will benefit the students, the Law School and the University): In a world in which hundreds of thousands of refugees from Africa, the Americas, Asia, Europe and other areas, are fleeing their countries, legal systems focused on adjudicating refugee status and rights are receiving a huge amount of attention. Many law schools within the United States have courses aimed at teaching students about the United States refugee system. Given that refugee law has its origins in international human rights law and is based on international treaties and agreements, however, refugee legal systems should be looked at in an international context. Other countries are developing legal systems to execute the same agreements, and these systems should be viewed comparatively. A course which looks at United States refugee and asylum law in comparison to other countries' systems benefits the students as well as the law school and university by offering the most effective and most academically sound method of looking at this area of law. The students will further benefit by learning about the how the legal systems in a variety of countries have responded to mass migrations and the plight of displaced people. Students will learn the sources of international humail rights law and will becoine fainiliar with several or the major treaties and documents in this area and their impact on domestic law. Students will learn how to analyze international treaties and agreements as well as the legal systems designed to implement those treaties and agreements, and they will compare these systems. Students will learn about the interplay between refugee law and immigration and nationality law; in a period where many nations are reworking their immigration laws to deal with a flood of refugees and other migrants, this is a crucial and timely issue. Finally, refugee law is one of the most compelling areas of law, where the implications of legal decisions and policies literally may mean life or death for thousands of refugees. Rarely does the law have such heartbreaking stories brought before it; rarely is the law used to so dramatically right the wrongs visited upon a person and to give that person a new chance at life. It is a fascinating arena for

7 students to study the law, and to see how different countries have dealt with these challenges. It teaches students of the vital role that lawyers and legal systems play in countries throughout the world. Note: Original syllabus shall be on file in the Office of the Academic Dean