Law Commons^™

Asylum Rights And Wrongs: What The Proposed Refugee Protection Act Will Do And What More Will Need To Be Done, Michele R. Pistone

Working Paper Series

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) added major new restrictions to U.S. asylum law. Several other laws passed in the wake of 9/11 produced additional restrictions. Various proposals to modify or even eliminate the changes made by IIRI¬RA and the post-9/11 laws have been introduced over the years; the Refu¬gee Protection Act of 2010 (RPA) is the most prominent recent example of these efforts. As this Article details, the RPA has much to commend within it, especially its proposed elimination of the one year deadline for asylum applications that was originally imposed by IIRIRA.

The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan

Working Paper Series

The question of the place of higher law in the ordinary practice of law is even now dogged by the brooding omnipresence caricature. This Article seeks to introduce and apply a philosophically defensible account of natural law, the one defended by Thomas Aquinas, to various problematics of contemporary law and jurisprudence. The Article argues that such higher law is not so high as to be relevant only to sexy constitutional questions, as is often supposed, but to everything we do in law. The Article argues that liberals and conservatives alike should acknowledge both the place of natural law in the …

Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan

Working Paper Series

This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …

Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard

Todd S Aagaard

This Article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …

A Response To Professor Camp: The Importance Of Oversight, Leslie Book

Working Paper Series

In past writings and in an upcoming article by Professor Bryan Camp, The Problem of Adversarial Process in the Administrative State, 83 IND. L. J. ### (2008), Professor Camp criticizes the procedural protections Congress added in the tax collection process, noting the limitations of adversary proceedings in the IRS’s tax collection process. In particular, Professor Camp strongly criticizes the collection due process (CDP) rights that were part of the landmark IRS Restructuring and Reform Act of 1998. Given the size of the tax gap, and likely increasing calls for the IRS to do a better job in reducing that tax …

Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard

Working Paper Series

This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …

Fixing Fair Use, Michael W. Carroll

Working Paper Series

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another’s copyrighted expression under certain circumstances. The doctrine’s extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another’s copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …

Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo

Working Paper Series

The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the …

The Collection Due Process Rights: A Misstep Or A Step In The Right Direction?, Leslie Book

Working Paper Series

This article defends one of the more controversial parts of the Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA 98) the collection due process (CDP) provisions. CDP gives taxpayers the right to independent administrative and judicial review of IRS decisions to use its awesome administrative collection powers, powers that have long made the IRS a feared creditor.

Prior to CDP’s enactment, the IRS had the power to collect taxes from taxpayers without judicial review of administrative collection determinations. This power, atypical for creditors which often must get judicial approval for summary collection action, led many observers to …

Administrative Law - Pending Petition For Agency Reconsideration Bars Appellate Court Jurisdiction, Karen L. Pascale

Villanova Law Review

No abstract provided.

Administrative Law - Farmers Home Administration Is Not Required To Comply With Pennsylvania's Mortgage Foreclosure Statutes Prior To Foreclosing On A Loan Obtained Through Its Federal Lending Program, Deborah R. Popky

Villanova Law Review

No abstract provided.

Administrative Law - Freedom Of Information Act - Taxpayer's Request For Disclosure Of Return Information Is Governed By The Freedom Of Information Act Rather Than The Internal Revenue Code, Michael E. Defrank

Villanova Law Review

No abstract provided.

Administrative Law - Freedom Of Information Act - Exemption 5 Includes A Qualified Privilege For Confidential Commercial Information, Roman J. Koropey

Villanova Law Review

No abstract provided.

Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker

Villanova Law Review

No abstract provided.

Federal Practice And Procedure - Implied Cause Of Action - Title Vi Of The Civil Rights Act Of 1964 And Section 504 Of The Rehabilitation Act Of 1973 Imply Private Causes Of Action, Jane Duffy

Villanova Law Review

No abstract provided.

Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii

Villanova Law Review

No abstract provided.

Administrative Law - Occupational Safety And Health Act - In Prescribing Permissible Limits For Employee Exposure To Coke Oven Emissions Secretary Of Labor Was Not Authorized To Place Affirmative Duty On Employers To Research And Develop New Technology To Meet Those Limits, John Stemplewicz

Villanova Law Review

No abstract provided.

Administrative Law - Pennsylvania Human Relations Commission Does Not Have The Authority To Award Damages For Mental Anguish And Humiliation Arising From Unlawful Disrimination, Stanley A. Smith

Villanova Law Review

No abstract provided.

Administrative Law - Adminsitrative Procedure Act - Standing To Challenge Agency Action Requires A Showing That The Plaintiff Has Suffered Injury In Fact To A Protected Interest From The Face Of The Patricular Statutory Provision Allegedly Violated, Or When Protective Intent Is Clear From Its Legislative History, Kenneth A. Jacobsen

Villanova Law Review

No abstract provided.

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review

No abstract provided.

Communications Law - Television - Antisiphoning Rules Governing Movie And Sports Content Of Pay Cable Television Exceeded Jurisdiction Of Fcc Under Federal Communications Act, Jennifer Hess Asher

Villanova Law Review

No abstract provided.

Adminsitrative Law - Does An Alien's State Narcotics Conviction Subject Him To Mandatory Deportation Under Section 241(A)(11) Of The Immigration And Nationality Act If His Conviction Has Been Set Aside Pursuant To A State Procedure, Robert E. Greshes

Villanova Law Review

No abstract provided.

Environmental Law - Judicial Review Under Nepa, Kenneth A. Jacobsen

Villanova Law Review

No abstract provided.

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review

No abstract provided.

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review

No abstract provided.

Federal Jurisdiction And Procedure, Various Editors

Villanova Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

Truth In Lending And The Federal Class Action, Joseph A. Dworetzky

Villanova Law Review

No abstract provided.

The Frontiers Of The Federal Mandamus Statute, Bruce Comly French

Villanova Law Review

No abstract provided.

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.

Villanova Law Review

No abstract provided.