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The Elusive Zone Of Twilight, Michael Coenen, Scott M. Sullivan 2021 Seton Hall University Law School

The Elusive Zone Of Twilight, Michael Coenen, Scott M. Sullivan

Boston College Law Review

In his canonical concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer, Justice Robert Jackson set forth a “tripartite” framework for evaluating exercises of presidential power. Regarding the middle category of that framework, Justice Jackson famously suggested that presidential actions undertaken “in absence of either a congressional grant or denial of authority” implicate “a zone of twilight,” within which “any actual test of power is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law.” Since the articulation of this idea some seventy years ago, the Supreme Court has furnished little additional ...


Are Sanctuary Cities Safe? Evaluating The Doj’S Authority To Impose Immigration Conditions On Criminal Justice Grants, Heather Odell 2021 Boston College Law School

Are Sanctuary Cities Safe? Evaluating The Doj’S Authority To Impose Immigration Conditions On Criminal Justice Grants, Heather Odell

Boston College Law Review

On March 24, 2020, in City of Providence v. Barr, the U.S. Court of Appeals for the First Circuit held that the Department of Justice lacked statutory authority to impose immigration-related conditions on Edward Byrne Memorial Justice Assistance Grants awarded to Providence and Central Falls, Rhode Island. As the most recent of five circuit courts to consider this issue, the First Circuit squarely rejected the Second Circuit’s holding that the challenged conditions were statutorily authorized. Instead, the First Circuit sided with the Seventh, Third, and Ninth Circuits in striking down the challenged conditions. Although the First Circuit reached ...


Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti 2021 William & Mary Law School

Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Deconstructing Invisible Walls: Sotomayor's Dissents In An Era Of Immigration Exceptionalism, Karla McKanders 2021 William & Mary Law School

Deconstructing Invisible Walls: Sotomayor's Dissents In An Era Of Immigration Exceptionalism, Karla Mckanders

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


“Drive-By” Jurisdiction: Congressional Oversight In Court, Daniel Epstein 2021 Pepperdine University

“Drive-By” Jurisdiction: Congressional Oversight In Court, Daniel Epstein

Pepperdine Law Review

On July 9, 2020, in Trump v. Mazars USA, LLP and Trump v. Deutsche Bank AG, the Supreme Court held that the lower courts did not adequately consider the separation of powers concerns attendant to congressional subpoenas for presidential information. Given that the question presented in Mazars concerned whether Congress had a legitimate legislative purpose in subpoenaing the President’s personal records, the Supreme Court’s decision is anything but a model of clarity. The Court simultaneously opined that disputes “involving nonprivileged, private information” “do[ ] not implicate sensitive Executive Branch deliberations” while claiming “congressional subpoenas for the President’s information ...


2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School of Law 2021 Roger Williams University

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack Beermann, Gary Lawson 2021 Boston Univeristy School of Law

The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack Beermann, Gary Lawson

Faculty Scholarship

In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. In short, every four years, the Twelfth Amendment requires the President of the Senate (usually the Vice President of the United States) to open certificates provided by state presidential electors and count the votes contained therein. The Constitution allows no role for Congress in this process, and thus, the provisions of the Electoral Count Act purporting to grant Congress the power, by concurrent resolution, to reject a state’s electoral votes, is ...


Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part I, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, McKenna Meadows, Brice Phillips 2021 West Virginia University College of Law

Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part I, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips

West Virginia Law Review Online

The Trump Administration’s immigration policies consistently targeted immigrants, refugees, children, victims of gang violence, and individuals classified as “public charges.” For example, one of former President Trump’s first Executive Orders increased detention of immigrants at the border, including women and children, and limited access to asylum nationwide by expanding expedited removal. Another Order issued the very same day cut federal funding to “sanctuary cities” —jurisdictions that refuse to cooperate with federal authorities in enforcing immigration laws for the sake of protecting immigrant communities. And still another originally suspended the issuance of visas to nationals from Iran, Iraq, Sudan ...


Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, McKenna Meadows, Brice Phillips 2021 West Virginia University College of Law

Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips

West Virginia Law Review Online

Part I of this article described and analyzed Portillo-Flores v. Barr, a case in which the Fourth Circuit, over Judge Stephanie Thacker’s dissent, upheld the Board of Immigration Appeals’ (“BIA”) denial of asylum to a Salvadorian asylum seeker who, as a child, was beaten nearly to death by MS-13 because his sister fled the country to avoid becoming a gang leader’s girlfriend. It contends not only that Portillo-Flores is inconsistent with general immigration standards, but also that the Fourth Circuit committed two main legal errors. First, the Fourth Circuit erred in requiring that Portillo-Flores should have reported the ...


Weaponizing The Office Of Legal Counsel, Emily Berman 2021 University of Houston Law Center

Weaponizing The Office Of Legal Counsel, Emily Berman

Boston College Law Review

This Article argues that the Office of Legal Counsel (OLC)—an office within the Justice Department that issues legal opinions that govern executive branch actors—arms the executive branch with a powerful weapon to deploy in its conflicts with Congress. Despite its reputation as a neutral arbiter of constitutional questions, OLC’s separation-of-powers opinions do not simply describe the executive’s view of the law; they actually augment executive powers vis-à-vis Congress. This novel argument emerges from two descriptive claims laid out in this Article. The first is that OLC’s institutional design guarantees that its separation-of-powers opinions will articulate ...


The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro 2021 University of Pennsylvania Carey Law School

The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro

Faculty Scholarship at Penn Law

President Donald Trump and his supporters repeatedly pointed to positive economic trends in the United States prior to the pandemic as proof of the growth delivered by his Administration, especially through deregulation. Yet, the Trump Administration actually accomplished much less by way of deregulation than it claimed—and much less than most commentators and scholars have surmised. In this Article, we perform an original analysis of data on federal regulation from the Trump Administration’s four years and find every claim made about its deregulatory record turned out either to be wrong or significantly exaggerated. The reality is that the ...


Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Could Changes To The Endangered Species Act Actually Threaten Species?, Manuel L. Colon Jr. 2021 Villanova University Charles Widger School of Law

Could Changes To The Endangered Species Act Actually Threaten Species?, Manuel L. Colon Jr.

Villanova Environmental Law Journal

No abstract provided.


Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco 2021 Villanova University Charles Widger School of Law

Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik de Alarcón, David H. Secor, Norma Fuentes-Mayorga 2021 Safe Horizon Immigration Law Project

“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik De Alarcón, David H. Secor, Norma Fuentes-Mayorga

Michigan Journal of Race and Law

This Article places the Trump Administration’s decision to cancel TPS for Haitians within the longer history of U.S. racism and exclusion against Haiti and Haitians, observes the legal challenges against this decision and their limitations, and imagines a future that repairs the harms caused by past and current racist policies. First, this Article briefly outlines the history of exclusionary, race-based immigration laws in the United States, and specifically how this legal framework, coupled with existing anti-Black ideologies in the United States, directly impacted Haitians and Haitian immigrants arriving in the United States. Next, the Article provides an overview ...


Understanding & Tracking Presidential Transitions, Ashley A. Ahlbrand 2021 Indiana University Maurer School of Law

Understanding & Tracking Presidential Transitions, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.


The Power To “Try” “Cases Of Impeachment”: Some Reflections On The Finality, Transparency And Integrity Of Senate Adjudications Of Presidential Impeachments (Including That Of Donald J. Trump), Vikram D. Amar, Jason Mazzone 2021 University of Illinois College of Law

The Power To “Try” “Cases Of Impeachment”: Some Reflections On The Finality, Transparency And Integrity Of Senate Adjudications Of Presidential Impeachments (Including That Of Donald J. Trump), Vikram D. Amar, Jason Mazzone

Chicago-Kent Law Review

No abstract provided.


The Senate, The Trump Impeachment Trial And Constitutional Morality, Joel K. Goldstein 2021 Saint Louis University School of Law

The Senate, The Trump Impeachment Trial And Constitutional Morality, Joel K. Goldstein

Chicago-Kent Law Review

No abstract provided.


Impeachment As A ‘Madisonian Device’ Reconsidered, Amanda Hollis-Brusky 2021 Pomona College

Impeachment As A ‘Madisonian Device’ Reconsidered, Amanda Hollis-Brusky

Chicago-Kent Law Review

No abstract provided.


Like “Nobody Has Ever Seen Before”: Precedent And Privilege In The Trump Era, Heidi Kitrosser 2021 University of Minnesota Law School

Like “Nobody Has Ever Seen Before”: Precedent And Privilege In The Trump Era, Heidi Kitrosser

Chicago-Kent Law Review

No abstract provided.


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