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The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
The Federal Circuit As A Federal Court, Paul R. Gugliuzza
The Federal Circuit As A Federal Court, Paul R. Gugliuzza
William & Mary Law Review
The U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction over patent appeals and, as a consequence, the last word on many legal issues important to innovation policy. This Article shows how the Federal Circuit augments its already significant power by impeding other government institutions from influencing the patent system. Specifically, the Federal Circuit has shaped patent-law doctrine, along with rules of jurisdiction, procedure, and administrative law, to preserve and expand the court's power in four interinstitutional relationships: the court's federalism relationship with state courts, its separation of powers relationship with the executive and legislative branches, its vertical …
Adjudication Of Socio-Economic Rights By The Constitutional Court Of South Africa: Walking The Tightrope Between Activism And Deference, Avinash Govindjee
Adjudication Of Socio-Economic Rights By The Constitutional Court Of South Africa: Walking The Tightrope Between Activism And Deference, Avinash Govindjee
National Law School of India Review
The prominent presence of South Africa in discussions on the adjudication of socio-economic rights can be attributed to two principal reasons - one, the absence of any constitutional distinction between these rights and civil and political rights, and two, their acceptance as being fundamental and justiciable. African courts, particularly the Constitutional Court which is the highest court of the land, have been central to the moulding and evolution of these sanctions, a role which becomes more appreciable when contextualised with the country's relatively poor socio-economic development. This article presents a snapshot of some of the landmark contributions made by the …