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Dubious Deference: Reassessing Appellate Standards Of Review In Immigration Appeals, Michael Kagan
Dubious Deference: Reassessing Appellate Standards Of Review In Immigration Appeals, Michael Kagan
Scholarly Works
The long-standing doctrine of deferential review by appellate courts of findings of fact by administrative agencies is seriously flawed for two main reasons. First, the most prominent justification for deference relies on the empirical assumption that first-instance adjudicators are best able to determine the truth because they can directly view witness demeanor. Decades of social science research has proven this assumption about the value of demeanor false. Second, in principle, the deference rule applies to all types of administrative adjudication, with no attention to the relative gravity of interests at stake in different types of cases or to the varying …
Enforcing Masculinities At The Borders, Jamie R. Abrams
Enforcing Masculinities At The Borders, Jamie R. Abrams
Nevada Law Journal
No abstract provided.