Law Commons^™

Interagency Dynamics In Matters Of Health And Immigration, Medha D. Makhlouf

Faculty Scholarly Works

When Congress delegates authority to an executive agency, it tells us something important about the expertise that Congress wishes to harness in policymaking on an issue. In the legal literature on interagency dynamics and cooperation, issues at the nexus of health and immigration are largely understudied. This Article extends this literature by examining how delegations of authority on issues at the intersection of health and immigration influence policymaking. In an analysis of how administrative law models apply to three topics in the shared regulatory space of the Department of Health and Human Services (“HHS”) and the Department of Homeland Security …

Requiring The Executive To Turn Square Corners: The Supreme Court Increases Agency Accountability In Department Of Homeland Security V. Regents Of The University Of California, Claudia J. Bernstein

Dickinson Law Review (2017-Present)

Administrative agencies frequently promulgate rules that have dramatic effects on peoples’ lives. Deferred Action for Childhood Arrivals (“DACA”) is one such example. DACA grants certain unlawful immigrants a temporary reprieve from deportation, as well as ancillary benefits such as work permits. In 2017, the Department of Homeland Security (“DHS”) sought to rescind DACA on the basis that the program violates the Immigration and Nationality Act.

This Comment analyzes the recent Supreme Court decision about DACA’s recission in Department of Homeland Security v. Regents of University of California. In rejecting DHS’s attempt to rescind DACA, the Court strengthened agency accountability …

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Pepperdine University School Of Law; Legal Summaries, Nicole Banister

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census, Khaled A. Beydoun

Michigan Law Review First Impressions

“Arab Americans are white?” This question—commonly posed as a demonstration of shock or surprise—highlights the dissonance between how “Arab” and “white” are discursively imagined and understood in the United States today. These four words also encapsulate the dilemma that currently riddles Arab Americans. The population finds itself interlocked between formal classification as white, and de facto recognition as nonwhite. The Office of Management and Budget (OMB), the government agency that oversees the definition, categorization, and construction of racial categories, currently counts people from the Middle East and North Africa (MENA) as white. The United States Census Bureau (Census Bureau), the …

Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger

Articles

Inducing governmental organizations to do the right thing is the central problem of public administration. Especially sharp challenges arise when “the right thing” means executing not only a primary mission but also constraints on that mission (what Philip Selznick aptly labeled “precarious values”). In a classic example, we want police to prevent and respond to crime and maintain public order, but to do so without infringing anyone’s civil rights. In the federal government, if Congress or another principal wants an executive agency to pay attention not only to its mission, but also to some other constraining or even conflicting value—I …

Legal Summaries, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman

Journal of the National Association of Administrative Law Judiciary

The Supreme Court's ruling in Jama v. Immigration and Customs Enforcement affects the Government's authority to elect destination countries when deciding where to deport removable aliens. This note will explore the Jama decision. Part II details the procedural history of the case. Part III details and sets forth the facts of the case. Part IV analyzes the majority opinion by Justice Scalia, as 160 well as the dissenting opinion by Justice Souter. Part V considers Jama's judicial, administrative and social impact.5 Finally, Part VI concludes the discussion of Jama and the deportation policy.

Legal Summaries, Leslie Polizzotto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

The Shifting Border Of Immigration Regulation, Ayelet Shachar

Michigan Journal of International Law

While American immigration law is still largely informed by the doctrine of plenary power, which holds that "[a]dmission to the United States is a privilege granted by the sovereign" (as the Supreme Court asserted in Knauff more than fifty years ago), what has dramatically changed in recent years is the location of "our gates," which no longer stand at the country's territorial edges. Instead, the border itself has become a moving barrier, a legal construct that is not tightly fixed to territorial benchmarks. This shifting border of immigration regulation, as we might call it, is selectively utilized by national …

"Quotidian" Judges Vs. Al-Qaeda, Mark S. Davies

Michigan Law Review

In Terror in the Balance: Security, Liberty, and the Courts, University of Chicago law professors Eric A. Posner and Adrian Vermeule invite those of us worried about the American response to al-Qaeda to consider the proper role of judges. Judges, of course, are not being dispatched to the hills of Pakistan nor are they securing our borders or buildings. But as the executive seeks to implement a range of new policies in the name of protecting us from al-Qaeda, the judicial treatment of these policies shapes the American response. Posner and Vermeule suggest a kind of Hippocratic view of …