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Full-Text Articles in Law
"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana
"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana
Faculty Scholarship
Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …
Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Villazor
Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Villazor
Faculty Publications
This Article explores the doctrinal and theoretical challenges confronting San Francisco's non-cooperation ordinance, and similar subfederal actions. It does so using a non-conventional but useful method of engaging in a dialectic exchange. In using the dialectic structure, we take our cue from Professor Stephen Legomsky's elegant use of the device in his recent article on the meaning of undocumented status. As he noted, the format has been "under-utilized" in legal scholarly literature. More scholars should use this method, he contended, because it helps to reveal the diametrically opposed positions of various groups concerning aparticular issue. Importantly, a dialectic conversation facilitates …
Oh, I'M Sorry, Did That Identity Belong To You: How Ignorance, Ambiguity, And Identity Theft Create Opportunity For Immigration Reform In The United States, Matthew T. Hovey
Oh, I'M Sorry, Did That Identity Belong To You: How Ignorance, Ambiguity, And Identity Theft Create Opportunity For Immigration Reform In The United States, Matthew T. Hovey
Villanova Law Review
No abstract provided.
The Rocky Path From Section 601 Of The Iirira To Issue- Specific Asylum Legislation Protecting The Parents Of Fgm-Vulnerable Children, Andy Rottman
University of Colorado Law Review
Political asylum in the United States is intended to protect those who fear persecution if they are returned to their country of origin. Arguably, the United States asylum system works reasonably well when the asylum seeker fits neatly within the statutory asylum scheme. If, however, asylum seekers' claims fall outside the statute, the asylum system can work inhumane results. In these situations, Congress can use issue-specific legislation to protect a group facing a discrete humanitarian crisis. This was done in section 601 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), which explicitly provided asylum protection to …
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Articles
No abstract provided.