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Full-Text Articles in Law
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
San Diego Law Review
The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …
Trustees Of The Justice System: Quasi-Judicial Activity And The Failure Of The 1990 Aba Model Code Of Judicial Conduct, Mark Scott Bagula, Robert C. Coates
Trustees Of The Justice System: Quasi-Judicial Activity And The Failure Of The 1990 Aba Model Code Of Judicial Conduct, Mark Scott Bagula, Robert C. Coates
San Diego Law Review
This Article discusses the treatment of judges' activities to improve the law in the 1990 Model Code of Judicial Conduct. The 1972 Code of Judicial Conduct separated the guidelines for engaging in acts to improve the law ("quasi-judicial activity") from cautions against off-bench activity wholly unrelated to the law ("extra-judicial activity"). The 1990 Model Code of Judicial Conduct consolidates quasi-judicial activity and extra-judicial activity into a single canon - Canon 4. The authors argue that this consolidation provides judges with little encouragement to improve the law. They suggest that the failure to encourage judges to improve our justice system is …