Crystal Clear Vagueness: The Board Of Immigration Appeals Hampers Justice With Its Vague “Process Of Justice”,
2019
The Catholic University of America, Columbus School of Law
Crystal Clear Vagueness: The Board Of Immigration Appeals Hampers Justice With Its Vague “Process Of Justice”, Maria Natera
Catholic University Law Review
The Immigration and Nationality Act has caused the issue of unconstitutional vagueness to become more prominent in recent years in the context of immigration law. The Act provides definitions for certain crimes that are grounds for legal immigrants to be placed in removal proceedings, with the possibility of deportation. With such severe potential consequences, it is crucial that the definitions be crystal clear on what every crime entails in order to give immigrants fair warning.
One such crime that may subject an immigrant to removal proceedings and deportation is a conviction for an “aggravated felony,” coupled with a sentence of …
Key,
2019
University of San Diego
Department Of Managed Health Care,
2019
University of San Diego
Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2019
University of San Diego
Medical Board Of California, Angela O'Hara, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2019
University of San Diego
Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission,
2019
University of San Diego
Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes,
2019
University of Idaho College of Law
You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum
Articles
No abstract provided.
The Federal Circuit As An Institution,
2019
University of New Hampshire Franklin Pierce School of Law
The Federal Circuit As An Institution, Ryan G. Vacca
Law Faculty Scholarship
The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created to address a unique set of problems specific to patent law. These characteristics have affected its institutional development and made the court one of the most frequently studied appellate courts. This chapter examines this development and describes the evolving qualities that have helped the Federal Circuit distinguish itself, for better or worse, as an institution.
This chapter begins with an overview of the concerns existing before creation of …
Administrative Law: The Trouble With Counting,
2019
UC Law SF
Administrative Law: The Trouble With Counting, Jodi L. Short
The Judges' Book
No abstract provided.
Technology Assisted Review (Tar) Guidelines,
2019
Duke Law
Technology Assisted Review (Tar) Guidelines, Bolch Judicial Institute
Bolch Judicial Institute Publications
In the winter of 2016, more than 50 e-discovery experts volunteered to develop and draft guidelines providing guidance to the bench and bar on the use of technology assisted review (TAR).
This document explains the TAR process and offers “best practices,” which are intended to provide a protocol on whether and under what conditions TAR should be used. It provides a strong record and roadmap for the bench and bar, which explain and support the use of TAR in appropriate cases.
As with any group product of this nature, where some consensus must be reached, the drafters and other participants …
Are Administrative Law Judges Officers Of The State: Constitutional Considerations In The Selection And Tenure Of Administrative Law,
2019
St. Thomas University College of Law
Are Administrative Law Judges Officers Of The State: Constitutional Considerations In The Selection And Tenure Of Administrative Law, Eric H. Miller
St. Thomas Law Review
One of the hallmarks of the Florida Administrative Procedure Act is the creation of a pool of hearing officers independent from any agency or the direct control of any political figure. Since its substantial revision in 1974, the statute has always provided for the selection and hiring of administrative law judges ("ALJ") by the Director of the Division of Administrative Hearings. ALJs hear almost every type of case, from licensure denials to environmental permitting challenges. In most cases, the ALJ weighs the evidence and legal arguments before recommending findings of fact, conclusions of law, and proposed final disposition to the …
The Depravity Of The 1930s And The Modern Administrative State,
2019
Northwestern Pritzker School of Law
The Depravity Of The 1930s And The Modern Administrative State, Steven G. Calabresi, Gary Lawson
Notre Dame Law Review
Gillian Metzger’s 2017 Harvard Law Review foreword, entitled 1930s Redux: The Administrative State Under Siege, is a paean to the modern administrative state, with its massive subdelegations of legislative and judicial power to so-called “expert” bureaucrats, who are layered well out of reach of electoral accountability yet do not have the constitutional status of Article III judges. We disagree with this celebration of technocratic government on just about every level, but this Article focuses on two relatively narrow points.
First, responding more to implicit assumptions that pervade modern discourse than specifically to Professor Metzger’s analysis, we challenge the normally …
A Step Too Far: Matter Of A-B-, "Particular Social Group," And Chevron,
2019
Cornell Law School
A Step Too Far: Matter Of A-B-, "Particular Social Group," And Chevron, Jaclyn Kelley-Widmer, Hillary Rich
Cornell Journal of Law and Public Policy
Every day, thousands of Central American asylum seekers, many fleeing persecution from domestic abusers and gangs, attempt to seek refuge in the United States. To receive asylum, those escaping such violence typically must show membership in a "particulars social group." In Matter of A-B-, issued in June 2018, then-Attorney General Jefferson B. Sessions III attempted to destroy the viability of domestic-violence-related particular social groups altogether. As we demonstrate in this Article, this far-reaching decision should not receive Chevron deference from reviewing courts.
A-B- is concerning both for its potentially calamitous effect on individuals fleeing domestic and gang violence and for …
Faithful Nonexecution,
2019
Moritz College of Law, The Ohio State University
Faithful Nonexecution, Peter M. Shane
Cornell Journal of Law and Public Policy
Decisions by the federal executive branch to under-enforce statutes, whether on a case-by-case or programmatic basis, are a commonplace feature of the modern administrative state. Critics may challenge "nonexecution" decisions in court or otherwise as inconsistent with the President's constitutional duty to "take care that the laws be faithfully executed." Such decisions, however, are most helpfully viewed not as instances of the executive's failure to act, but rather as part and parcel of an agency's affirmative strategies for implementing its statutory mandates. As such, their legality is appropriately judged not under the terms of Article II, but rather according to …
Early Customs Laws And Delegation,
2019
The Catholic University of America, Columbus School of Law
Early Customs Laws And Delegation, Jennifer L. Mascott
Scholarly Articles
Last Term the Supreme Court reexamined the nondelegation doctrine, with several justices concluding that in the proper case, the Court should consider significantly strengthening the doctrine in its contemporary form. Adherents to the doctrine question whether Congress has developed a practice of improperly delegating to administrative agencies the legislative power that Congress alone must exercise under the Vesting Clause of Article I of the Constitution. Many scholars have debated the extent of the historical or textual basis for the doctrine. Instead, this Article examines interactions between executive and legislative actors during the first congressional debates on the Impost, Tonnage, Registration, …
Board Of Editors,
2019
University of Montana
Crowley Acknowledgement,
2019
University of Montana
Table Of Contents,
2019
University of Montana
Letter To The Reader,
2019
University of Montana
Indigenous Law At The Supreme Court Of Canada,
2019
University of Montana
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Public Land & Resources Law Review
No abstract provided.
