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Articles 1 - 8 of 8
Full-Text Articles in Law
Effectuating Change In The Regulation Of Hiv Vaccines, Scott M. Engstrom
Effectuating Change In The Regulation Of Hiv Vaccines, Scott M. Engstrom
Scott M Engstrom
HIV has been at the forefront in politics, medicine, and law since its discovery in 1981. Over thirty years have passed since the virus began a wave of fear made worse by a sensationalist media. Though much of the uproar has dulled, the lasting effects on the American Psyche have remained as the AIDS death toll has risen. Although the medical community has made significant progress in managing the infection through complex drug cocktails, prevention remains the most effective tool in the fight against AIDS. However, the old aphorism “an ounce of prevention is worth a pound of cure” has …
Foia Request To Uscis On Deferred Action Records, Shoba Wadhia
Foia Request To Uscis On Deferred Action Records, Shoba Wadhia
Shoba Sivaprasad Wadhia
No abstract provided.
The Immigration Prosecutor And The Judge: Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia
The Immigration Prosecutor And The Judge: Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. Absent from this scholarship is a serious examination of the judiciary’s role in immigration decisions involving prosecutorial discretion. I attribute this absence to both a silent concession that prosecutorial discretion decisions are automatically barred from judicial review because of the plain language of the Immigration and Nationality Act (INA); the judicial review “exceptions” in the Administrative Procedures Act (APA), and the cases that analyze these …
Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Can Bar Arbitration, Daivy P. Dambreville
Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Can Bar Arbitration, Daivy P. Dambreville
Daivy P Dambreville
The U.S. Supreme Court has long adhered to a federal policy favoring arbitration, and has consistently resolved ambiguities within arbitration clauses in favor of arbitration. In applying this principle, courts are guided by the Federal Arbitration Act (FAA) which provides the federal substantive law of arbitrability. The Court has now consistently interpreted the FAA’s main purpose as to guarantee that arbitration agreements are enforced according to their terms. Yet, in regard to procedural matters of arbitrability there is a presumption that these matters should be decided by the court, unless otherwise stated in the arbitration agreement. But where parties devise …
Combating Liquorlining: State Controlled Alcohol Distribution Increases Public Welfare For Low Income African Americans, Daivy P. Dambreville
Combating Liquorlining: State Controlled Alcohol Distribution Increases Public Welfare For Low Income African Americans, Daivy P. Dambreville
Daivy P Dambreville
One consideration that has not been raised during the persistent debates over alcohol regulation in Pennsylvania is the potential effect that a paradigm switch would have on low income minority communities – in particular, the African American community which makes up the largest percentage of low income inhabitants in Pennsylvania. Low income African American communities are particularly susceptible to legislative changes to liquor laws because they often lack the social and political power to lobby for policies that favor their particular considerations. Moreover, research on issues that disproportionally affect African Americans throughout the United States, such as unusually high levels …
State Regulated Gun Control Is Dwindling Right Before Our Eyes, So Load Up!, Daivy P. Dambreville
State Regulated Gun Control Is Dwindling Right Before Our Eyes, So Load Up!, Daivy P. Dambreville
Daivy P Dambreville
A brief comment on state-regulated gun control.
Response From Uscis On My Foia Re: Deferred Action, Shoba Wadhia
Response From Uscis On My Foia Re: Deferred Action, Shoba Wadhia
Shoba Sivaprasad Wadhia
No abstract provided.
Reading The Morton Memo Federal Priorities And Prosecutorial Discretion, Shoba Wadhia
Reading The Morton Memo Federal Priorities And Prosecutorial Discretion, Shoba Wadhia
Shoba Sivaprasad Wadhia
On June 30, 2010, the Deputy Assistant Secretary for Immigration and Customs Enforcement (ICE), John Morton, issued a memo to the agency that reflected the Obama administration’s oft repeated intent to focus removal efforts on serious offenders. Morton noted: In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the use of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency's highest enforcement priorities, namely national security, public safety, and border security. …