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Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson

Dale Thompson

No abstract provided.

Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson

Dale Thompson

The controversial immigration bill S.B. 1070 enacted by the Arizona legislature utilizes local police to enforce Arizona's interpretations of immigration rules. Meanwhile, the "Utah Compact" suggests that all aspects of immigration policy should be handled by the federal government, not by states or localities. In the midst of this contentious debate, this article uses an "optimal federalism" framework to examine the appropriate locus for immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, in order to determine the appropriate level of government for addressing these institutional aspects of immigration policy. It concludes that due …

Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson

Dale Thompson

The controversial immigration bill S.B. 1070 enacted by the Arizona legislature utilizes local police to enforce Arizona's interpretations of immigration rules. Meanwhile, the "Utah Compact" suggests that all aspects of immigration policy should be handled by the federal government, not by states or localities. In the midst of this contentious debate, this article uses an "optimal federalism" framework to examine the appropriate locus for immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, in order to determine the appropriate level of government for addressing these institutional aspects of immigration policy. It concludes that due …

Immigration Policy Through The Lens Of Optimal Federalism, Dale B. Thompson

Dale Thompson

The controversial immigration bill S.B. 1070 enacted by the Arizona legislature utilizes local police to enforce Arizona's interpretations of immigration rules. Meanwhile, the "Utah Compact" suggests that all aspects of immigration policy should be handled by the federal government, not by states or localities. In the midst of this contentious debate, this article uses an "optimal federalism" framework to examine the appropriate locus for immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, in order to determine the appropriate level of government for addressing these institutional aspects of immigration policy. It concludes that due …

Handshake Deals: The Future Of Informal State Agreements And The Interstate Compacts Clause, Todd J. Hartley

Todd J Hartley

On January 1, 2012, the Western Climate Initiative (“WCI”) will begin regulating businesses in twenty-seven different North American states and provinces when it implements a cap and trade program to control greenhouse gas emissions. Though the WCI will regulate almost a third of the North American economy, it was formed with little more than a handshake in 2007 by five state governors. Neither Congress nor any other federal entity has approved the organization. States increasingly use informal agreements like the WCI to enact social policies; however, these agreements often are unconstitutional under the Interstate Compacts Clause (“ICC”). The ICC states …

When The Wise (Latina) Judge Meets A Living Constitution - Why It Is A Matter Of Perception, Laura A. Hernandez

Laura A Hernandez

At the time of Justice Sonia Sotomayor’s confirmation hearings, much was made of a statement she made in a 2001 lecture at the University of California, Berkeley, School of Law concerning a judge’s approach to the cases that come before her. “. . . . I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.” The resulting backlash and condemnation caused Justice Sotomayor to apologize for her endorsement of the idea that a wise Latina would, and should, …

The Skinny On The Federal Menu-Labeling Law & Why It Should Survive A First Amendment Challenge, Dayna B. Royal

Dayna B. Royal

In America’s battle of the bulge, the bulge is winning. Contributing to this obesity epidemic is Americans’ increasingly widespread practice of eating at restaurants where deceptively fattening food is served to patrons who grossly underestimate the calories in their meals.

To combat this problem and promote public health, Congress enacted a federal menu-labeling law, which requires that restaurants post calorie information next to menu offerings. The constitutionality of this law has yet to be tested in court. But New York City’s law, enacted prior, has survived First Amendment scrutiny.

Like New York’s menu-labeling law, the federal law should withstand a …

Moral And Legal Dilemma: A Legal Analysis Of The Criticisms Leveled Against Arizona Sb 1070, Michael K. Marriott

Michael K Marriott

The Support Our Law Enforcement and Safe Neighborhoods Act, more commonly known as Arizona SB 1070, is a recently passed bill targeting unlawful immigration. Touted to be the strongest piece of immigration legislation passed in America's recent history, the bill has come under fire on state, national, and international levels.

This paper begins by setting the stage for why SB 1070 was passed, and what legislators sought to accomplish. It then provides a basic overview of the bill, with an emphasis towards its more controversial aspects. From there it groups together certain classes of criticisms that have been publicly leveled …

Unprotected Txtng:It’S Not The Only Driving Distraction Congress Should Be Worried About, Amanda K. Koch

Amanda K. Koch

This Article explores the history of cell phone use and the new era of text-based messaging while driving. It details the legislative response of the states and the federal government towards the problem of distracted driving. Further, it explores the Constitutionality of the pending federal legislation. In addition, this Article discusses the role that new technology may play in curtailing the problems associated with text- based communications while driving. Finally, this Article offers why broader language in the ALERT Drivers Act will help address the dangers of all distracting activities that occur while driving.

Reasoning About The Irrational: The Roberts Court And The Future Of Constitutional Law, H. Jefferson Powell

H. Jefferson Powell

Reasoning about the irrational: The Roberts Court and the future of constitutional law [Abstract] Commentary on the future direction of the Roberts Court generally falls along political lines that correlate with the commentators’ views on the political desirability of the Court’s recent decisions. A more informative approach is to look for opinions suggesting changes in the presuppositions with which the justices approach constitutional decision making. In footnote 27 in his opinion for the Court in the Heller second amendment decision, Justice Scalia suggested a fundamental revision of the Court’s assumptions about the role of judicial doctrine, and the concept of …

Reasoning About The Irrational: The Roberts Court And The Future Of Constitutional Law, H. Jefferson Powell

H. Jefferson Powell

Reasoning about the irrational: The Roberts Court and the future of constitutional law [Abstract] Commentary on the future direction of the Roberts Court generally falls along political lines that correlate with the commentators’ views on the political desirability of the Court’s recent decisions. A more informative approach is to look for opinions suggesting changes in the presuppositions with which the justices approach constitutional decision making. In footnote 27 in his opinion for the Court in the Heller second amendment decision, Justice Scalia suggested a fundamental revision of the Court’s assumptions about the role of judicial doctrine, and the concept of …

Spirited Away: Constitutional Revolutions Countered By The Non-Delegation Doctrine, Matthew A. Gripp Esq.

Matthew A Gripp Esq.

This paper will argue that the Supreme Court should awaken the non-delegation doctrine. Succinctly, the non-delegation doctrine states that congress may not delegate it’s legislative power to administrative agencies.1 The traditional “intelligible principle” test has been the guiding light in separation of powers analysis but in the history of the court it has found the requisite intelligible principle lacking in only two Congressional statutes.2