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Full-Text Articles in Law
The States Of Immigration, Rick Su
The States Of Immigration, Rick Su
Journal Articles
Immigration is a national issue and a federal responsibility — so why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that essentially copies existing federal law? Why do they pursue regulations that are likely to be enjoined or struck down by courts? Why do they give so little priority to the immigration laws that do survive?
This Article sheds light on this seemingly irrational behavior. It argues that state …
The Promise And Peril Of Cities And Immigration Policy, Rick Su
The Promise And Peril Of Cities And Immigration Policy, Rick Su
Journal Articles
No abstract provided.
Site-Specific Laws, John Copeland Nagle
Site-Specific Laws, John Copeland Nagle
Journal Articles
Congress often enacts statutes that only apply to a specific place. This essay identifies the instances in which site-specific legislation is appropriate. It recounts the uses of such legislation, the theoretical debate surrounding it, and the circumstances in which it is desirable. Site-specific legislation plays an important role in enabling Congress to prescribe its preferred policy even when agreement on broader legislation. My suggestion, therefore, is that general legislation should remain the default for congressional action, but site-specific legislation is appropriate when (a) there are convincing reasons for adopting special rules for a particular place, (b) there is no agreement …