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Derivative Foreign Relations Law, Jean Galbraith
Derivative Foreign Relations Law, Jean Galbraith
Articles
We treat U.S. foreign relations law as a discrete body of law—and it is. But it is not independent. To the contrary, it relies on the same institutional actors that govern more generally: the President, Congress, the federal judiciary, administrative agencies, and sub-national governments. And far from being static, these institutions change radically over time in how they are constituted, in what internal rules they apply, and in what legal outputs they produce. The Trump Administration is a recent and painful example whose legacy continues to loom large, including on the Supreme Court. This symposium contribution considers what these broader …
Inéire Report And Policy Recommendations, Arjumand Younus, Simon Caton, Muhammad Atif Qureshi, Mingyeong Jeon, Arefeh Kazemi, Sandra Ruiz Moriana
Inéire Report And Policy Recommendations, Arjumand Younus, Simon Caton, Muhammad Atif Qureshi, Mingyeong Jeon, Arefeh Kazemi, Sandra Ruiz Moriana
Articles
Over the years there has been an increased amount of immigration into Ireland leading to the formation of a multicultural society. More recently however immigration has become a controversial issue within Ireland leading to growing anti-immigrant sentiment and political conflict (Costa, 2023) reported as early as 2018 in a report by Irish Human Rights and Equality Commission and Economic & Social Research Institute (McGinnity, Grotti, Russell, Fahey, et al., 2018). This project aims to provide a comprehensive analysis of the factors behind such sentiment and its consequences by means of collecting comprehensive data on it and performing a quantitative and …
Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith
Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith
Articles
The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …
Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker
Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker
Articles
Motivated in part by Congress’s failure to legislate, presidents in recent years seem to have turned even more to the regulatory process to make major policy. It is perhaps no coincidence that the feld of administrative law has similarly seen a resurgence of scholarship extolling the virtues of democratic accountability in the modern administrative state. Some scholars have even argued that bureaucracy is as much as if not more democratically legitimate than Congress, either in the aggregative or deliberative sense, or both.
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Articles
In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …