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Department Of Homeland Security V. Regents Of The University Of California And Its Implications, Brian Wolfman
Department Of Homeland Security V. Regents Of The University Of California And Its Implications, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
The Trump Administration's effort to get rid of Deferred Action for Childhood Arrivals, or DACA, failed before the Supreme Court in Department of Homeland Security v. Regents of the University of California, 140 S. Ct. 1891, 1896 (2020). In this essay -- based on a presentation given to an American Bar Association section in September 2020 -- I review DACA, the Supreme Court's decision, and its potential legal implications.
The failure of the Trump Administration to eliminate DACA may have had significant political consequences, and it surely had immediate and momentous consequences for many of DACA’s hundreds of thousands …
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
It is a foundational principle of administrative law that a reviewing court should not dispose of a petition for review or appeal on grounds not relied upon by the agency, and should not reach issues in the first instance not addressed administratively. In such circumstances, there is a strong presumption that the reviewing court should remand the case to the agency for further proceedings rather than reach out to decide the disputed issues. The United States Supreme Court explicitly extended operation of the “ordinary remand rule” to the immigration context in its 2002 decision in INS v. Ventura. Notwithstanding subsequent …
Willard Hurst And The Administrative State: From Williams To Wisconsin, Daniel R. Ernst
Willard Hurst And The Administrative State: From Williams To Wisconsin, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
This article follows Willard Hurst from his undergraduate days at Williams College through the start of his teaching career at Wisconsin in the fall of 1937. During these years Hurst acquired an abiding interest in the rise of the administrative state as well as some of the insights he would use to account for it in his mature work. For the most part, the article proceeds chronologically through four episodes in Hurst's training: (1) his year-long study of Charles and Mary Beard's "Rise of American Civilization" undertaken as an undergraduate at Williams College; (2) his three years as a student …
Putting The Correct "Spin" On Lucas, Richard J. Lazarus
Putting The Correct "Spin" On Lucas, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.