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Full-Text Articles in Immigration Law
Freedmen And Day Laborers: Why Enforcement Matters, Raja Raghunath
Freedmen And Day Laborers: Why Enforcement Matters, Raja Raghunath
Raja Raghunath
As the one hundred and fiftieth anniversary of Emancipation approaches, there is a cautionary lesson for modern workers from the period that followed the abolition of chattel slavery. Reconstruction, after the Civil War, was the moment when the promise of universal liberty to work first became part of the American state’s covenant with its people. But this promise was quickly lost, as the rights that the federal government extended to the freed slaves – the freedmen – were contested and eventually nullified by vehement opposition in the working fields and cities of the South. In this sense, workers’ rights were …
The Ordinary Remand Rule And The Judicial Toolbox For Agency Dialogue, Christopher J. Walker
The Ordinary Remand Rule And The Judicial Toolbox For Agency Dialogue, Christopher J. Walker
Christopher J. Walker
When a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). Despite that the Supreme Court first articulated this ordinary remand rule in the 1940s and has rearticulated it repeatedly over the years, little work has been done to understand how the rule works in practice, much less whether it promotes the separation-of-powers values that motivate the rule. This Article is the first to conduct such an investigation—focusing on judicial review of agency immigration adjudications and reviewing the …