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Articles 1 - 12 of 12

Full-Text Articles in Law

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman Nov 1994

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 ...


Replacing The Crazy Quilt Of Interlocutory Appeals Jurisprudence With Discretionary Review, John C. Nagel Oct 1994

Replacing The Crazy Quilt Of Interlocutory Appeals Jurisprudence With Discretionary Review, John C. Nagel

Duke Law Journal

No abstract provided.


Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney Oct 1994

Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney

Michigan Law Review

There are two principal aspects of my thesis. First, it is desirable to consider seriously these legislative signals of approval and disapproval, because a blanket rejection, or even systematic hostility, imposes significant opportunity costs on Congress. If the judiciary refuses to consider these signals, Congress will have to expend extra resources to achieve the same ends. That expense will diminish the institution's ability to enact other laws and in some cases will alter the character of the other laws that it is able to enact. The consequent diminution or depletion of Congress's legislative authority is unhealthy from a ...


John Marshall And The Moral Basis For Judicial Review, David F. Forte Jun 1994

John Marshall And The Moral Basis For Judicial Review, David F. Forte

Law Faculty Articles and Essays

During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.


Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson Mar 1994

Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


Judicial Review Equal Protection And The Problem With Plebiscites , Robin Charlow Mar 1994

Judicial Review Equal Protection And The Problem With Plebiscites , Robin Charlow

Cornell Law Review

No abstract provided.


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Articles

No abstract provided.


Terminator 2, Robert F. Nagel Jan 1994

Terminator 2, Robert F. Nagel

Articles

No abstract provided.


Annual Federal Deficit Spending: Sending The Judiciary To The Rescue, Ondrea D. Riley Jan 1994

Annual Federal Deficit Spending: Sending The Judiciary To The Rescue, Ondrea D. Riley

Santa Clara Law Review

No abstract provided.


Why Cases Under The Guarantee Clause Should Be Justiciable, Erwin Chemerinsky Jan 1994

Why Cases Under The Guarantee Clause Should Be Justiciable, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor Jan 1994

The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

For over one hundred years, scholars have closely studied the handful of cases in which state courts, in the years before the Federal Constitutional Convention, confronted the question whether they had the power to declare laws invalid. Interest in these early cases began in the late nineteenth century as one aspect of the larger debate about the legitimacy of judicial review, a debate triggered by the increasing frequency with which the Supreme Court and state courts were invalidating economic and social legislation. The lawyers, political scientists, and historians who initially unearthed the case law from the 1770s and 1780s used ...


Democratic Credentials, Donald J. Herzog Jan 1994

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don ...