Law Commons^™

Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Sessions V. Dimaya: Vagueness Doctrine & Deportation Statutes, Matthew Gibbons

Duke Journal of Constitutional Law & Public Policy Sidebar

Sessions v. Dimaya seeks to determine whether the residual clause of a criminal provision, incorporated by reference into a civil immigration law, is void for vagueness. Although there is an instance of the Supreme Court applying the criminal vagueness standard to an immigration statute resulting in deportation, the United States argues that immigration law is not subject to that vagueness standard because it is civil and not criminal. This commentary argues that Sessions v. Dimaya presents the Supreme Court with an opportunity to conform with its precedents, further the principles underlying vagueness doctrine, and appear to apply judicial rules consistently. …

A Less Corrupt Term: 2016–2017 Supreme Court Roundup, Marc O. Degirolami, Kevin C. Walsh

Faculty Publications

(Excerpt)

In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions.

Even so, the Court was hardly immune to the steady transformation of our governing institutions into reality TV shows. Over the weekend leading into the final day of the term, speculation ignited from who-knows-where about the possible departure of its main character, Justice Anthony Kennedy. To us, the chatter seemed forced—as if the viewing public needed something to fill the vacuum left …

Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Flight Risk Or Danger To The Community? Rodriguez And The Protection Of Civil Liberties In The U.S. Immigration System, Charlie Kazemzadeh

Duke Journal of Constitutional Law & Public Policy Sidebar

Upon arrival to the United States, foreign nationals are required to prove beyond a doubt that they comply with the various requirements for admission into the country. For those who fail to meet this standard, there are only two options: accept immediate removal to their country of origin, or fight removal. For many who contest their deportation, their fate is civil incarceration until their case is adjudicated, which can take several years. The case of Jennings v. Rodriguez addresses the constitutionality of prolonged civil incarceration without the access of mandatory, periodic bond hearings for these individuals.

Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.