Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 16 of 16
Full-Text Articles in Law
How Agencies Can Better Regulate For Racial Justice, Olatunde C.A. Johnson
How Agencies Can Better Regulate For Racial Justice, Olatunde C.A. Johnson
Faculty Scholarship
On his first day in office, President Joseph R. Biden signed an executive order to advance racial equity throughout the federal government by taking a “systematic approach to embedding fairness in decision-making,” redressing inequities, and advancing equal opportunity in agency policies and programs.
This order is an important step. President Biden’s executive order promises new, proactive engagement by the administrative state to promote racial equity and other dimensions of inclusion in agency programs. But federal administrative agencies have played a key role in structuring racial segregation and sustaining racial inequality in housing, health care, access to transit, and wealth. President …
Taxing Combat, Samuel Kan
Taxing Combat, Samuel Kan
Dickinson Law Review (2017-Present)
When you are being shot at or dodging landmines you are in a combat zone. Diplomatic niceties aside, these brave warriors are in danger because of the policies of their Government and we must take care of them. Quite frankly, we must act to insure that we do not have a repeat of what happened in Somalia. In Somalia, the families of the soldiers who lost their lives could not receive the benefits that should have gone to them under the Tax Code because the President never declared it a combat zone.
We don’t know exactly where we’re at in …
A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen
A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen
Dickinson Law Review (2017-Present)
President Trump’s executive order rescinding federal funds from “sanctuary jurisdictions” has brought a critical, but overlooked, question of constitutional law to the forefront of the political debate: how does the Spending Clause apply to local governments? The purpose of the Spending Clause is to empower the federal government to bargain with the states to enact policies it cannot enact itself. This power, however, is constrained within the confines of federalism. The Supreme Court has sought to restrict the Spending Clause by crafting the Dole-NFIB framework, a test to determine whether a federal grant has compromised federalism. At its …
Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies
Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Travel Ban And Presidential Power, Peter Margulies
The Travel Ban And Presidential Power, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo
Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo
Catholic University Law Review
The ability to obtain a security clearance has a wide-ranging impact from job placement to questions of fitness in a presidential election. Sustaining a functional career in intelligence, national security, and many other federal fields within the United States is nearly impossible without proper security clearance. In 2016, the importance of proper clearance evolved into a national debate as each presidential candidate staked claims that their opposition should be excluded from receiving sensitive material.
This Comment begins with a detailed history of modern security clearance procedures and MSPB reviews of clearance revocations. Part I focuses on those who need security …
Travel Ban Update: Supreme Court Grants Certiorari, Peter Margulies
Travel Ban Update: Supreme Court Grants Certiorari, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies
Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies
The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
Law Faculty Scholarship
No abstract provided.