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Full-Text Articles in Law
Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana
Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana
Shruti Rana
The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively. An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling …
Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana
Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana
Shruti Rana
This essay reviews and critiques two new books on the debate over immigration and citizenship, Anna O. Law, The Immigration Battle in American Courts, and Ediberto Roman, Citizenship and Its Exclusions: A Classical, Constitutional, and Critical Race Critique. Law’s book takes a procedural approach to unraveling the complex immigration cases emanating from the U.S. courts of appeals and the U.S. Supreme Court. This essay challenges some of Law’s conclusions and suggests methodological alterations that may strengthen her key arguments. Roman’s book is distinct from Law’s in that it takes on a much broader historical and procedurialist view of the idea …