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Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
South Carolina Law Review
No abstract provided.
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
South Carolina Law Review
No abstract provided.
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
South Carolina Law Review
No abstract provided.
The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty
The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty
Immigration and Human Rights Law Review
President Donald Trump is known throughout the world for continuously promoting “the wall” between Mexico and the United States. Since his inauguration in 2016, President Trump has pushed the legislature to fund construction of a physical barrier on the southern border of the United States. Not only is the wall an actual construct, but the wall also represents his entire approach to immigration law. Mexican residents are not the only ones suffering from the Trump administration's policies. While targeting Southern neighbors and undocumented or “illegal” immigrants, Trump has also created difficulties across the entire visa process for legal immigrants. Individuals …
Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson
Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson
Immigration and Human Rights Law Review
This paper will argue that beginning with President Reagan the adoption of unitary theory as a central tenet in presidential administrations created a now ongoing consolidation of executive regulatory authority. This consolidation of power has considerably accelerated over the course of the last four decades. As Courts continue to defer to the executive in decisions made within the broad grants of power delegated by Congress, the relevance of the legislative body dwindles. The checks on executive assumption of power have largely been removed. The wall between the executive and the administrative have crumbled, and what were once considered unofficially separate …
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Immigration and Human Rights Law Review
Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen, the legal …
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
Seattle Journal of Environmental Law
Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how …
Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon
Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon
Idaho Law Review
No abstract provided.
Context-Specific Seminole Rock Reform, Aneil Kovvali
Context-Specific Seminole Rock Reform, Aneil Kovvali
Florida State University Law Review
Under Bowles v. Seminole Rock, courts will defer to an administrative agency's interpretation of rules that the agency produced. For decades, Seminole Rock deference was an uncontroversial part of the administrative law landscape. But recently, the doctrine has come under siege. Drawing on concerns about the flexible structure of the administrative state, critics of the doctrine have won an increasingly sympathetic ear in the Supreme Court and in Congress. This Essay suggests that any reform of Seminole Rock should be driven by three principles: Fidelity to congressional intent, avoidance of undesirable side effects, and careful targeting of a clear problem. …