Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 16 of 16
Full-Text Articles in Law
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Journal of the National Association of Administrative Law Judiciary
This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
Journal of the National Association of Administrative Law Judiciary
The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
Journal of the National Association of Administrative Law Judiciary
After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …
Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda
Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This paper discusses history of world free trade after the second world war has a very long and winding history, which is also colored by the formation of international trade organizations, in which many countries who involved have antinomy thoughts, where some of them feel the world of trade needs a free trade system, resulting to negotiations and various forms of compromise. Entering the era of globalization marked by the birth of various kinds of multilateral and bilateral agreements as well as the formation of economic blocs clearly shows the relationship or linkages and dependencies between nations and people around …
Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria
Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria
Michigan Journal of Environmental & Administrative Law
This paper examines, enunciates, and makes explicit a set of market principles historically relied upon by the Federal Energy Regulatory Commission (FERC) to regulate wholesale electricity markets as required under the Federal Power Act (FPA). These identified competitive market principles are supported by policy and legal foundations that run through a myriad of FERC orders and court decisions. This paper seeks to make that history and those implicit market principles explicit by distilling and organizing Commission Orders and court decisions. It concludes that five market principles, each with multiple subprinciples, can be identified as elemental to how FERC understands and …
Stop Regulating Government Paperwork With More Government Paperwork, Joseph D. Condon
Stop Regulating Government Paperwork With More Government Paperwork, Joseph D. Condon
Michigan Journal of Environmental & Administrative Law
The Paperwork Reduction Act (PRA) is an often-ignored law with a large impact. Federal agencies cannot ask the same questions of more than nine people or entities without submitting a proposed information collection to the White House Office of Management and Budget for review, a process that can take up to a year to complete. In an attempt to regulate the amount of paperwork foisted on the public, the PRA has created an enormous amount of paperwork for federal agencies—without any meaningful reduction in the paperwork burden faced by the public. Yet, likely because the burden of the PRA is …
A Pragmatic Republic, If You Can Keep It, William R. Sherman
A Pragmatic Republic, If You Can Keep It, William R. Sherman
Michigan Law Review
These things we know to be true: Our modern administrative state is a leviathan unimaginable by the Founders. It stands on thin constitutional ice, on cracks between the executive, legislative, and judicial branches. It burdens and entangles state and local governments in schemes that threaten federalism. And it presents an irresolvable dilemma regarding democratic accountability and political independence. We know these things to be true because these precepts animate some of the most significant cases and public law scholarship of our time. Underlying our examination of administrative agencies is an assumption that the problems they present would have been bizarre …
Power To The People: Why We Need Full Federal Preemption Of Electrical Transmission Regulation, Max Hensley
Power To The People: Why We Need Full Federal Preemption Of Electrical Transmission Regulation, Max Hensley
University of Michigan Journal of Law Reform
State and federal governments have made significant investments in the development and installation of renewable energy technology. However, further increases in renewable power use have been stymied by the continued mismatch between the national interest in connecting consumers with utility-scale wind and solar installations and state and local control over the siting of electrical transmission lines. Because renewable power potential is often located far from consumers, transmission lines must cross multiple jurisdictions whose local interests have tended to prevent or significantly delay development. This Note analyzes that disconnect, reviews academic and legislative proposals to overcome it, and proposes a way …
The Case For Abolishing Centralized White House Regulatory Review , Rena Steinzor
The Case For Abolishing Centralized White House Regulatory Review , Rena Steinzor
Michigan Journal of Environmental & Administrative Law
A series of catastrophic regulatory failures have focused attention on the weakened condition of regulatory agencies assigned to protect public health, worker and consumer safety, and the environment. The destructive convergence of funding shortfalls, political attacks, and outmoded legal authority have set the stage for ineffective enforcement, unsupervised industry self-regulation, and a slew of devastating and preventable catastrophes. From the Deepwater Horizon spill in the Gulf of Mexico to the worst mining disaster in forty years at the Big Branch mine in West Virginia, the signs of regulatory dysfunction abound. Many stakeholders expected that President Barack Obama would recognize and …
Compulsory Patent Licensing: Is It A Viable Solution In The United States, Carol M. Nielsen, Michael R. Samardzija
Compulsory Patent Licensing: Is It A Viable Solution In The United States, Carol M. Nielsen, Michael R. Samardzija
Michigan Telecommunications & Technology Law Review
As technology continues to advance at a rapid pace, so do the number of patents that cover every aspect of making, using, and selling these innovations. In 1996, to compound the rapid change of technology, the U.S. Supreme Court affirmed that business methods are also patentable. Hence in the current environment, scores of patents, assigned to many different parties, may cover a single electronic device or software--making it increasingly impossible to manufacture an electronic device without receiving a cease and desist letter or other notice from a patentee demanding a large royalty or threatening an injunction. Companies, particularly those in …
A History And Analysis Of The Federal Communications Commission’S Response To Radio Broadcast Hoaxes, Justin Levine
A History And Analysis Of The Federal Communications Commission’S Response To Radio Broadcast Hoaxes, Justin Levine
Federal Communications Law Journal
Courts have long held that the government can punish an individual for falsely shouting "Fire!" in a crowded theater. But what is a government agency to do when the venue is none other than a theater of the imagination heard throughout the nation? Ever since the broadcast of Orson Welles's War of the Worlds, the FCC has struggled to find a balance in preventing harmful broadcast hoaxes while still encouraging radio to develop vibrant, imaginative programming. What defines a hoax deemed harmful to the public interest versus one that constitutes mere playful entertainment? This Article details the major events and …
The Civil Rights Hydra, Neal Devins
The Civil Rights Hydra, Neal Devins
Michigan Law Review
A Review of The Civil Rights Era by Hugh Davis Graham
Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers
Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers
Dalhousie Law Journal
This book consists of ten essays on the general theme of effective techniques for controlling and regulating social behaviour. The authors draw on the disciplines of management studies, history and criminology, public policy studies and economics, psychology, anthropology, law, sociology, and political science. They are, collectively, a modern manifestation of Roscoe Pound's concept of law in action as "social engineering".
Regulation In Perspective: Historical Essays, Michigan Law Review
Regulation In Perspective: Historical Essays, Michigan Law Review
Michigan Law Review
A Review of Regulation and Perspective: Historical Essays edited by Thomas K. McCraw
Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin
Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin
Villanova Law Review
No abstract provided.
Film Censorship: The American And British Experience, Robert J. Klein
Film Censorship: The American And British Experience, Robert J. Klein
Villanova Law Review
No abstract provided.