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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 …
Replacing The Crazy Quilt Of Interlocutory Appeals Jurisprudence With Discretionary Review, John C. Nagel
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
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 democratic perspective …
Judicial Review Equal Protection And The Problem With Plebiscites , Robin Charlow
Judicial Review Equal Protection And The Problem With Plebiscites , Robin Charlow
Cornell Law Review
No abstract provided.
Annual Federal Deficit Spending: Sending The Judiciary To The Rescue, Ondrea D. Riley
Annual Federal Deficit Spending: Sending The Judiciary To The Rescue, Ondrea D. Riley
Santa Clara Law Review
No abstract provided.