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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
Shruti Rana
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. …
James Buchanan As Savior? Judicial Power, Political Fragmentation, And The Failed 1831 Repeal Of Section 25, Mark Graber
James Buchanan As Savior? Judicial Power, Political Fragmentation, And The Failed 1831 Repeal Of Section 25, Mark Graber
Mark Graber
James Buchanan is often credited with being the unlikely savior of judicial review in early Jacksonian America. In 1831, Buchanan, then a representative from Pennsylvania, issued a minority report criticizing the proposed repeal of Section 25 of the Judiciary Act of 1789 that is generally credited with convincing a skeptical Congress that fundamental constitutional norms required federal judicial oversight of state courts and state legislatures. This paper claims that federalism and political fragmentation were more responsible than James Buchanan for the failed repeal of Section 25, for the maintenance of judicial power in the United States during the transition from …
A Broader View Of The Immigration Adjudication Problem, Jill Family
A Broader View Of The Immigration Adjudication Problem, Jill Family
Jill E. Family
Networks Of Heightened Scrutiny In Corporate Law, Reza Dibadj
Networks Of Heightened Scrutiny In Corporate Law, Reza Dibadj
Reza Dibadj
This Article is a follow-up to a previous article, Networks of Fairness Review in Corporate Law (Fairness). After an overview of the fundamentals of the fairness standard and network theory, Fairness deployed network and statistical analyses to conduct an empirical study of the fairness doctrine as articulated by the Delaware Supreme Court and the Delaware Court of Chancery. This initial analysis focused on the fairness standard for one principal reason: it is considered to be the most plaintiff-friendly standard of review, in marked distinction to the well-known business judgment rule (BJR). But there are also four other prominent standards of …
Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich
Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich
Thomas J. Stipanowich
Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American arbitration is at a crescendo. Much of this criticism stems from the fact that arbitration under standard procedures has taken on the trappings of litigation - extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. Paradoxically, concerns about the absence of appeal on the merits in arbitration have caused some to craft provisions calling for judicial review for errors of law or fact in awards. It is time to return to fundamentals in American arbitration. Those who seek …
Abuse And Discretion: Evaluating Judicial Discretion In Custody Cases Involving Violence Against Women, Dana Harrington Conner
Abuse And Discretion: Evaluating Judicial Discretion In Custody Cases Involving Violence Against Women, Dana Harrington Conner
Dana Harrington Conner
This Article is an exploration of the history and creation of the broad power of the custody trial judge, the unsatisfactory standards applied in custody cases involving violence against women, and our system’s inability to adequately review flawed decisions at the appellate level. The Article deconstructs both the process of judicial decision-making at the trial court level in custody cases involving batterers and the standards applied to these cases at the appellate court stage. In addition, the Article also proposes a multi-level approach to resolving the domestic violence dilemma in a custody case.
History confirms that the custody trial judge …