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Full-Text Articles in Law

The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies Jun 2020

The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies Apr 2020

Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe Jan 2020

Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe

Law Faculty Scholarship

[excerpt] "Our Constitutional system divides power horizontally, among the three branches of the federal government, and vertically, between the federal government and the states. We refer to the former division as our "separation of powers" and the latter as our "federalism."


New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies Nov 2019

New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies

Law Faculty Scholarship

No abstract provided.


Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants, Peter Margulies Nov 2019

Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Rescinding Inclusion In The Administrative State: Adjudicating Daca, The Census, And The Military's Transgender Policy, Peter Margulies Nov 2019

Rescinding Inclusion In The Administrative State: Adjudicating Daca, The Census, And The Military's Transgender Policy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


President Trump Bars Uninsured Immigrants From The U.S., Peter Margulies Oct 2019

President Trump Bars Uninsured Immigrants From The U.S., Peter Margulies

Law Faculty Scholarship

No abstract provided.


Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies Sep 2019

Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies May 2019

New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests, Peter Margulies Apr 2019

Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies Dec 2018

Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies Dec 2018

Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies Dec 2018

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies Nov 2018

The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Barring Asylum Claims: The President Versus The Statute, Peter Margulies Nov 2018

Barring Asylum Claims: The President Versus The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies Jun 2018

Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein May 2018

Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


The Travel Ban And Presidential Power, Peter Margulies Apr 2018

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies Feb 2018

Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Racism And Impeachment Power, John M. Greabe Jan 2018

Racism And Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt] “Does racism constitute a legitimate basis for removing a president? More generally, what is the scope of Congress's removal power?

”In all but the most extraordinary circumstances, the remedy for incompetent political leadership -indeed, even abhorrent political leadership lies in the next election. But the Constitution does provide Congress with tools to remove certain federal officeholders between elections.”


Travel Ban Update: Supreme Court Grants Certiorari, Peter Margulies Jan 2018

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 Dec 2017

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 Dec 2017

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 Oct 2017

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 Sep 2017

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 Sep 2017

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 Sep 2017

Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Norms, Law And The Impeachment Power, John M. Greabe Sep 2017

Norms, Law And The Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt]

"Most experts believe that, while a president can be criminally prosecuted after leaving office, he cannot be prosecuted while he is president. And while the president may be sued civilly while holding office, the office confers powerful immunities and other constitutional defenses that are unavailable to ordinary civilian defendants."


Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies Sep 2017

Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies Jul 2017

Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies

Law Faculty Scholarship

No abstract provided.