Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Sewer Syndicalism: Worker Self-Management In Public Services, Eric M. Fink
Sewer Syndicalism: Worker Self-Management In Public Services, Eric M. Fink
Eric M Fink
In the late nineteenth and early twentieth centuries, municipal governments in various US cities assumed responsibility for utilities and other services that previously had been privately operated. In the late twentieth century, prompted by fiscal crisis and encouraged by neo-liberal ideology, governments embraced the concept of “privatization,” shifting management and control over public services to private entities.
Despite disagreements over the merits of privatization, both proponents and opponents accept the premise of a fundamental distinction between the “public” and “private” sectors, and between “state” and “market” institutions. A more skeptical view questions the analytical soundness and practical significance of these …
Liars And Terrorists And Judges, Oh My: Moral Panic And The Symbolic Politics Of Appellate Review In Asylum Cases, Eric M. Fink
Liars And Terrorists And Judges, Oh My: Moral Panic And The Symbolic Politics Of Appellate Review In Asylum Cases, Eric M. Fink
Eric M Fink
As part of the REAL ID Act, Congress amended the Immigration and Nationality Act to restrict judicial review of adverse credibility determinations by immigration judges. The change came in the wake of controversy of judicial reversals of adverse credibility determinations that the reviewing courts saw as inappropriately speculative and lacking in evidentiary support. Critics, including some appellate judges, have in turn alleged that the appellate courts have been insufficiently deferential to the factual determinations of Immigration Judges (IJs) and the BIA.
This paper examines the argument offered in support of limiting judicial review in this area, and provides an empirical …