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The Surge In Immigration Appeals And Its Impact On The Second Circuit Court Of Appeals, Michael B. Mushlin
The Surge In Immigration Appeals And Its Impact On The Second Circuit Court Of Appeals, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
In this report we (1) describe the BIA procedural reforms; (2) quantify the resulting increase in appeals from the BIA to the circuit courts of appeals with particular emphasis on the Second Circuit; (3) review the constitutional challenges to the BIA reforms, which have been uniformly rejected; (4) describe the administrative response of the Second Circuit to the BIA appeal surge; (5) assess the impact of the surge on the Second Circuit, and its other ramifications; and (6) offer our recommendations on how to deal with the surge going forward.
A Call For Change: Improving Judicial Selection Methods, Jason J. Czarnezki
A Call For Change: Improving Judicial Selection Methods, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Empirical data show that, despite the significant electoral success of state court judges, elections still impact judicial decision making. Using the State of Wisconsin as an example, this Essay suggests that Wisconsin and other state legislatures, with the support of bar associations and academics, should revisit the historical underpinnings of judicial elections and consider both whether electing judges conforms with the historical goals of having an elected judiciary and whether the available empirical data support the belief that elected judges can be systematically consistent and independent in the decision making process.