Download hi-res photo E-Mail: dam3r@virginia.edu Phone: (434) 924-3144 Office: WB177C Secretary/Assistant: Pennie Newell Subjects: Immigration and refugee law, presidential powers, international human rights, constitutional law

David A. Martin Warner-Booker Distinguished Professor of International Law J.D., Yale Law School, 1975 B.A., DePauw University, 1970 David Martin joined the law faculty in 1980, after serving two years as special assistant to the assistant secretary for human rights and humanitarian affairs at the Department of State. In 1995 he took leave from the Law School, serving as General Counsel of the Immigration and Naturalization Service until 1998. He has taught citizenship, constitutional law, immigration, international law, international human rights, presidential powers, refugee law, and property. While a student at Yale Law School, Martin served as editor-in-chief of the Yale Law Journal. After receiving his law degree, he clerked for Judge J. Skelly Wright of the U.S. Court of Appeals for the D.C. Circuit and then for U.S. Supreme Court Justice Lewis F. Powell, Jr. He later practiced with Rogovin Stern & Huge in Washington, D.C., before accepting the post at the State Department. As a German Marshall Fund research fellow in Geneva in 1984-85, Martin examined Western Europe's response to rising numbers of asylum seekers. In 1988 he chaired the Immigration Section of the Association of American Law Schools, from 2003 to 2005 he served as Vice President of the American Society of International Law, and in 2004 he was elected to the Board of Editors of the American Journal of International Law. He has twice served as a consultant to the Administrative Conference of the United States, preparing studies and recommendations on federal migrant worker assistance programs and on reforms to political asylum adjudication procedures. In 1993 he undertook a consultancy for the Department of Justice that led to major reforms of the U.S. political asylum adjudication system.  In 2003-04 he was asked by the Department of State to provide a comprehensive study of the U.S. overseas refugee admissions program, leading to recommendations for reform of that system.

Foreword to the Sixth Edition: Major Developments in Asylum Law over the Past Year, in Asylum Case Law Sourcebook: Master Index and Case Abstracts for U.S. Court Decisions (Thomson/West, 6th ed. 2006).

"Adelaide Abankwah, Fauziya Kasinga, and the Dilemmas of Political Asylum," in Immigration Stories 245 (David A. Martin & Peter H. Schuck eds., Foundation Press, 2005).

"Citizenship in Countries of Immigration: Introduction," in Thomas Alexander Aleinikoff & Douglas Klusmeyer, eds., From Migrants to Citizens: Membership in a Changing World 25 (Carnegie Endowment for International Peace, 2000).

"Refugees and Migration," 1 United Nations Legal Order 391 (Oscar Schachter & Christopher C. Joyner, eds.) (Grotius, 1995).

"Human Rights Fact-Finding by National Governments," in Richard B. Lillich, ed., Fact-Finding Before International Tribunals 305 (11th Sokol Colloquium) (Transnational Publishers, 1992).

"The Refugee Concept: On Definitions, Politics, and the Careful Use of a Scarce Resource," in Howard Adelman, ed., Refugee Policy: Canada and the United States 30 (York Lanes Press, 1991).

"Human Rights: The Development of the Constitutional Framework and the Prospects for the Future: Roundtable Discussion" (with others), in Kenneth W. Thompson & Rett R. Ludwikowski, eds., Constitutionalism and Human Rights: America, Poland, and France: a Bicentennial Colloquium at the Miller Center 143 (University Press of America, 1991).

"Immigration and Refugees," in John Norton Moore et al., eds., National Security Law 1083 (Carolina Academic Press, 1990).

"Asylum Seekers in the Western Democracies: A Comparative Overview," in Walter Kälin, ed., Droit des réfugiés 11 (Editions Universitaires Fribourg Suisse, 1991).

"New Developments in Refugee Law and Current Problems: Asylum Concept; Solidarity; and the Concept of Burden-Sharing," in Symposium on the Promotion, Dissemination and Teaching of Fundamental Human Rights of Refugees (Tokyo, 7-11 December, 1981): Collected Proceedings 61-71 (U.N. High Commissioner for Refugees, 1982).


Articles:



“Eight Myths about Immigration Enforcement,” 10 N.Y.U. J. Legis. & Pub. Pol’y 525 (2007).

“Judicial Review and the Military Commissions Act: On Striking the Right Balance,” 101 Am. J. Int’l L. 344 (2007).

“What Lures Them Here: Changes to Immigration Law Should Focus Less on the Border and More on the Job,” Legal Times, May 29, 2006, at 66.

“Major Developments in Asylum Law over the Past Year,” 83 Interpreter Releases 1889 (Sept. 1, 2006).

"Offshore Detainees and the Role of Courts after Rasul v. Bush: The Underappreciated Virtues of Deferential Review," 25 B.C. Third World L.J. 125 (2005).

"A New Era for U.S. Refugee Resettlement," 36 Colum. Human Rights L. Rev. 299 (2005).

“Preventive Detention: Immigration Law Lessons for the Enemy Combatant Debate,” 18 Geo. Immigr. L.J. 305 (2004).

The United States Refugee Admissions Program: Reforms for a New Era of Refugee Resettlement (U.S. Department of State, 2004).

"Behind the Scenes on a Different Set: What Congress Needs to Do in the Aftermath of St. Cyr and Nguyen," 16 Geo. Immigr. L.J. 313 (2002).

"Double Ties: Why Nations Should Learn to Love Dual Nationality" (with Thomas Alexander Aleinikoff), For. Poly, Nov./Dec. 2002, at 80.

"Fixing INS? Congress Should Take Some Blame for Our Immigration Woes," Legal Times, Apr. 29, 2002, at 51.

"Graduated Application of Constitutional Protections for Aliens: The Real Meaning of Zodvydas v. Davis," 2001 Sup. Ct. Rev. 47 (2002).

"The United States and Dual Nationality: Past and Future," 24 In Def. of the Alien 14 (2002).

"Haste, Gaps, and Some Possible Cures for the ICC [International Criminal Court]," 41 Va. J. Int’l L. 152 (2000).

"Waiting for Solutions: Extending the Period of Time for Migrants to Apply for Green Cards Doesn’t Get at the Real Problem," Legal Times, May 28, 2001, at 66-67.

"The 1995 Asylum Reforms: A Historic and Global Perspective," Center for Immigration Studies Backgrounder, May 2000.

"Expedited Removal, Detention, and Due Process," 22 In Def. of the Alien 161 (2000).

"In Elian’s Interest?" N.Y. Times, April 21, 2000, at A25.

"On Counterintuitive Consequences and Choosing the Right Control Group: A Defense of Reno v. AADC," 14 Geo. Immigr. L. J. 363 (2000), abstract available online from SSRN.

"Two Cheers for Expedited Removal in the New Immigration Laws," 40 Va. J. Int'l L. 673 (2000), abstract available online from SSRN.

"New Rules on Dual Nationality for a Democratizing Globe: Between Rejection and Embrace," 14 Geo. Immigr. L. J. (1999), abstract available online from SSRN.

"Affirmative Action" (commentary published in German translation), 3/99 Zeitschrift für Kultur-Austausch 65, Fall 1999.

"Why Split the INS?: Immigration Services and Enforcement Must Be Linked," Legal Times, Sept. 6, 1999, at 21.

"How Rhetoric Became Rights," Washington Post Outlook Section, Nov. 1, 1998, at C2; reprinted as "Human Rights’ Ongoing Journey from Hopeful Rhetoric to Reality," International Herald Tribune, Nov. 26, 1998, at 9.

"Making Asylum Policy: The 1994 Reforms," 70 Wash. L. Rev. 725 (1995).

"The Civic Republican Ideal for Citizenship, and for Our Common Life," 35 Va. J. Int'l L. 301 (1994).

"Reluctance to Prosecute War Crimes: Of Causes and Cures," 34 Va. J. Int'l L. 255 (1994).

"Interdiction, Intervention, and the New Frontiers of Refugee Law and Policy," 33 Va. J. Int'l L. 473 (1993).

"Strategies for a Resistant World: Human Rights Initiatives and the Need for Alternatives to Refugee Interdiction," 26 Cornell Int'l L. J. 753 (1993).

"Tribute to William L. Robie," 16 In Def. of the Alien 213 (1993).

"Response to Gibney, et al., USA Refugee Policy: A Human Rights Analysis Update," 6 J. of Refugee Studies 153 (1993).

"Kurds and Haitians: From Refugee Legalisms to Humanitarian Intervention?" 86 Am. Soc'y. Int'l L. Proc. 623 (1992).

"Of Law, Families, and Apple Prices," Va. L. Sch. Rep., Winter 1992, at 23-26.

"Asylum Case Law: How the New Regulations Can Help," 14 In Def. of the Alien 132 (1991).

"Asylum Crises in the Western Democracies," Va. L. Wkly., Apr. 12, 1991, at 1, 4, 7.

"Alternative Futures for International Refugee Processing," 13 In Def. of the Alien 103 (1990).

"Symposium: Legal Immigration Reform: Panel II: The 'New Refugees': Remarks," 4 Geo. Immigr. L. J. 221, 232-238 (1990).

"Effects of International Law on Migration Policy and Practice: The Uses of Hypocrisy," 23 Int'l Migration Rev. 547 (1989).

"Human Rights Advances Belie Pessimism of Pioneer Activists," Daily Progress, Dec. 18, 1988, at E3.

"A Human Rights Agenda:The Routine and the Special," 28 Va. J. Int'l L. 885 (1988).

"Judicial Review of Legalization Denials," 65 Interpreter Releases 757 (1988).

"The End of De Facto Asylum: Toward a Humane and Realistic Response to Refugee Challenges," 18 Cal. W. Int'l L. J. 161 (1987/88).

"Mandel, Cheng Fan Kwok, and Other Unappealing Cases: The Next Frontier of Immigration Reform," 27 Va. J. Int'l L. 803 (1987).

"Unfinished Business: Adjudication and Review," 10 In Def. of the Alien 102 (1987).

"Comparative Policies on Political Asylum: Of Facts and Law," 9 In Def. of the Alien 105 (1986).

"International Law and the Influx of Aliens: Sanctuary and the Right to Exclude" (panel chairman), 80 Am. Soc'y. Int'l L. Proc. 95 (1986).

"Human Rights and the Movement of Persons: Remarks," 78 Am. Soc'y. Int'l L. Proc. 346 (1984).

"Due Process and Membership in the National Community: Political Asylum and Beyond," 44 U. Pitt. L. Rev. 165 (1983).

"Reevaluating the Legislative Veto after Chadha," Va. L. Wkly., Sept. 9, 1983, at 1, 3.

"Large-Scale Migrations of Asylum Seekers," 76 Am. J. Int'l L. 598 (1982).

"The Legislative Veto and the Responsible Exercise of Congressional Power," 68 Va. L. Rev. 253 (1982).

"The Refugee Act of 1980: Its Past and Future," 1982 Mich. YB Int'l Legal Stud. 91.


Statements:

Policy Brief “Immigration Enforcement: Beyond the Border and the Workplace,” Migration Policy Institute, (released in connection with the Independent Task Force on Immigration and America’s Future) July 2006.

Statement on "Immigration and the Organization of the Homeland Security Department," U.S. Congress Senate Committee on the Judiciary. Hearing, June 26, 2002.

Statement in Terrorism, Asylum Issues, and U.S. Immigration Policy 43-54, 95, 100. U.S. Congress. Senate Committee on the Judiciary. Hearing, May 28, 1993.

Statement. "Haitian Detention and Interdiction," 189-206. U.S. Congress. House Committee on the Judiciary. Hearing, June 8, 1989.

"Employer sanctions and the Immigration Reform and Control Act," in The Basics of Immigration Law VI-1 to VI-15 (Virginia Law Foundation, 1987).

Statement in Immigration Reform and Control Act 326-346. U.S. Congress. Senate Committee on the Judiciary. Hearings, Feb. 24-Mar. 7, 1983.

Statement in The U.S. Supreme Court Decision Concerning the Legislative Veto 129-158. U.S. Congress. House Committee on Foreign Affairs. Hearings, July 19-21, 1983.

Testimony (with T. Alexander Aleinikoff and Arthur C. Helton). "Refugee Assistance," 91-121. U.S. Congress. House Committee on the Judiciary. Hearings, June 7-22, 1983.

Statement in Asylum Adjudication 126-145. U.S. Congress. Senate Committee on the Judiciary. Hearings, Oct. 14 and 16, 1981.


Book Reviews:

Review of Hathaway, The Law of Refugee Status, 87 Am. J. Int'l L. 348 (1993).

Review of Nanda, Refugee Law and Policy, 87 Am. J. Int'l L. 171 (1993).

Review of Gibney, ed., Open Borders? Closed Societies? 84 Am. J. Int'l L. 987 (1990).

"Membership and Consent: Abstract or Organic?" (reviewing Schuck & Smith, Citizenship Without Consent) 11 Yale J. Int'l L. 278 (1985).

Review of Ramcharan, ed., International Law and Fact-Finding in the Field of Human-Rights, 11 Int'l J. Legal Info. 289 (1983).