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Deconstructing Deem And Pass: A Constitutional Analysis Of The Enactment Of Bills By Implication, Ronald J. Krotoszynski Jr.
Deconstructing Deem And Pass: A Constitutional Analysis Of The Enactment Of Bills By Implication, Ronald J. Krotoszynski Jr.
Articles
Since 1933, the U.S. House of Representatives has maintained a procedure, the self-executing rule, that permits a single floor vote to pass multiple independent bills. Using this procedure, the House can pass a bill and, at the same time, "deem passed" entirely separate bills via a single floor vote. Some legal scholars have argued that this procedure is constitutionally unobjectionable, provided that members of the House clearly understand the legislative effects, whether singular or plural, of a particular vote. Others, however, have argued that the device violates the Constitution because the House and Senate do not vote on the same …
The Law Of The Body, Meredith M. Render
The Law Of The Body, Meredith M. Render
Articles
This Article posits that a "law of the body" is overdue. In the absence of clarity about the legal status of the human body, courts have constructed a collection of circumstantially defined categories for resolving the question of human body ownership and use. This patchwork approach is awkward, unwieldy, incoherent, and, by many lights, ultimately unjust. Many able minds have been applied to critiquing the distributive consequences of a regime in which we cannot-at any point in our lives- "own" our own bodies (or its constituent parts), but other people can and do. But what has been missing from these …
Optimal Asylum, Shalini Ray
Optimal Asylum, Shalini Ray
Articles
The U.S. asylum system is noble but flawed. Scholars have long recognized that asylum is a “scarce” political resource, but U.S. law persists in distributing access to asylum based on an asylum seeker’s ability to circumvent migration controls rather than the strength of the asylum seeker’s claim for protection. To apply for asylum, an asylum seeker must either arrange to be smuggled into the United States or lie to the consulate while abroad to obtain a nonimmigrant visa. Nonimmigrant visa requirements effectively filter the pool of asylum applicants according to wealth, educational attainment, and intent not to remain in the …