Procedure, Politics, Prediction, And Professors: A Response To Professors Burbank And Purcell, Stephen Subrin
Jun 2012
Procedure, Politics, Prediction, And Professors: A Response To Professors Burbank And Purcell, Stephen Subrin
Stephen N. Subrin
In this article I comment on four themes in the work of Stephen Burbank and Edward Purcell, two of the leading scholars of American civil procedure and procedural reform: (1) the relationship of substantive and procedural law; (2) the place of politics in procedural reform; (3) the difficulty of reliably predicting consequences of procedural reform; and (4) challenges that the Class Action Fairness Act of 2005 (CAFA) and similar reforms present for law professors, both in their roles as researchers and writers, and as teachers of would-be lawyers.
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.
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.
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.
Cases And Materials On The Law Governing Lawyers, James Moliterno
Dec 2011
Cases And Materials On The Law Governing Lawyers, James Moliterno
James E. Moliterno
No abstract provided.
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 …
