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2012

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Administrative Law

Articles 1 - 15 of 15

Full-Text Articles in Law

Book Review, Environmental Law And Sustainability After Rio, David Wirth Dec 2012

Book Review, Environmental Law And Sustainability After Rio, David Wirth

David A. Wirth

Review of an accessible collection of essays from around the world, offering insights into legal and political issues surrounding environmental law and sustainability.

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Podcast, Usage-Based Pricing In Broadband, Daniel Lyons Nov 2012

Podcast, Usage-Based Pricing In Broadband, Daniel Lyons

Daniel Lyons

No abstract provided.

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Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice Nov 2012

Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice

Julie A. Nice

While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea change began in the United States around 1970 that marked the end of our social commitment to shared prosperity and the beginning of the steady widening of income inequality to its current historic level. In response, poor people might have been expected to turn to the courts for protection against the perennially pervasive prejudice against them, especially considering their relative—if not absolute—lack of political clout. But the Supreme Court had virtually closed the courthouse door in Dandridge v. Williams, affording to poor people …

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Deportation Law And The New American Diaspora, Daniel Kanstroom, Mary Waters Sep 2012

Deportation Law And The New American Diaspora, Daniel Kanstroom, Mary Waters

Daniel Kanstroom

No abstract provided.

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How Effective Is Deportation As An Immigration Policy?, Daniel Kanstroom Jul 2012

How Effective Is Deportation As An Immigration Policy?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family May 2012

Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family

Jill E. Family

In a unanimous decision on Monday, the Court held that the Department of Justice’s Board of Immigration Appeals (BIA) reasonably construed a statute to forbid the imputation of a parent’s U.S. residency and immigration status to a child to compute the child’s eligibility for relief from removal (deportation).  The Court reversed the decision of the Ninth Circuit in Holder v. Gutierrez, consolidated with Holder v. Sawyers.

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Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family Jan 2012

Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family

Jill E. Family

At oral argument on January 18, the Court questioned the attorneys in Holder v. Gutierrez and Holder v. Sawyers about calculating relief from removal.  At issue in these consolidated cases is whether a parent’s immigration status and residency in the United States may be imputed to a minor child to calculate eligibility for relief from removal.  The Board of Immigration Appeals (BIA) said no; the U.S. Court of Appeals for the Ninth Circuit said yes.

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Argument Preview: Calculating Relief From Removal, Jill Family Jan 2012

Argument Preview: Calculating Relief From Removal, Jill Family

Jill E. Family

Holder v. Gutierrez and Holder v. Sawyers call into question the BIA’s decision to forbid the imputation of a parent’s immigration status and residency in the United States to a minor child for the purpose of calculating eligibility for relief from removal.  Scratching that simple surface reveals a complex history of imputation and relief from removal.

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Endgame Visions: How Smoking Became History: Looking Back To 2012, Richard Daynard Dec 2011

Endgame Visions: How Smoking Became History: Looking Back To 2012, Richard Daynard

Richard A. Daynard

No abstract provided.

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Strategic Directions And Emerging Issues In Tobacco Control: Allying Tobacco Control With Human Rights: Invited Commentary, Richard Daynard Dec 2011

Strategic Directions And Emerging Issues In Tobacco Control: Allying Tobacco Control With Human Rights: Invited Commentary, Richard Daynard

Richard A. Daynard

No abstract provided.

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Linking The Questions: Judicial Supremacy As A Matter Of Constitutional Interpretation, Tabatha Abu El-Haj Dec 2011

Linking The Questions: Judicial Supremacy As A Matter Of Constitutional Interpretation, Tabatha Abu El-Haj

Tabatha Abu El-Haj

This Article explains that what has been missing from the debate between advocates of popular constitutionalism and defenders of judicial supremacy is any account of the practice of constitutional interpretation. Without a clear sense of what constitutional interpretation involves, we cannot assess the prevailing assumption that the Supreme Court is uniquely positioned to interpret the Constitution or explore an expertise-based justification for its claim to finality. The Article, therefore, revisits the debate about judicial supremacy by starting, not with history or politics, but with constitutional interpretation itself.

Having explored the practice of constitutional interpretation, it concludes that the Supreme Court …

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More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless Dec 2011

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Rebecca Sharpless

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys — nonprofit attorneys who focus on helping individuals in civil cases — sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women’s work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to …

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Administrative Law Through The Lens Of Immigration Law, Jill Family Dec 2011

Administrative Law Through The Lens Of Immigration Law, Jill Family

Jill E. Family

Immigration law does lag behind in the advancement of public law, but not in all respects. While immigration law is idiosyncratic in many ways, this article finds immigration law in the administrative law mainstream when it comes to its troubles with nonlegislative rules (sometimes called guidance documents). There are concerns throughout administrative law that agencies use such rules to bind regulated parties practically, even if not legally, without the procedural protections of notice and comment.
This article analyzes immigration troubles with nonlegislative rules and makes three main contributions. First, it casts new light on the negative effects of guidance documents …

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Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom Dec 2011

Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom

Daniel Kanstroom

This chapter offers an overview of deep questions about immigration and deportation law and practice. It includes a discussion of recent deportation policies and Supreme Court precedents.

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Strategic Directions And Emerging Issues In Tobacco Control: Product Liability, Richard Daynard, Eric Legresley Dec 2011

Strategic Directions And Emerging Issues In Tobacco Control: Product Liability, Richard Daynard, Eric Legresley

Richard A. Daynard

No abstract provided.

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