The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens,
2013
Pepperdine University
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal ,
2013
Pepperdine University
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings ,
2013
Pepperdine University
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind,
2013
Pepperdine University
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model,
2013
Pepperdine University
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Dual Standards For Third-Party Intervenors: Distinguishing Between Public-Law And Private-Law Intervention,
2013
Vanderbilt University Law School
Dual Standards For Third-Party Intervenors: Distinguishing Between Public-Law And Private-Law Intervention, Justin P. Gunter
Vanderbilt Law Review
Courts stand as the final arbiters of many important and controversial issues in the United States. While it is the province of the judicial branch to hear "cases" and "controversies" that impact the immediate parties to a suit, many modern suits impact unrepresented parties and thus have policy implications. To describe this phenomenon, scholars use the terms "private law" and "public law." As public law gained greater prominence, commentators began to realize the need to revise the Federal Rules of Civil Procedure to facilitate this type of litigation. Historically, unrepresented parties who were affected by a suit could use the …
Property's Ends: The Publicness Of Private Law Values,
2013
Cornell Law School
Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander
Cornell Law Faculty Working Papers
Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Article contends that property’s real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property’s ultimate end, is neither monistic or simple. Rather, it is inclusive and comprises multiple values. Those values, the content of human flourishing, derives, at least in part, from an understanding of the sorts of beings we are ― social and political. A consequence of this conception of the human condition is that the values of …
Religions As Sovereigns: Why Religion Is "Special",
2013
BYU Law
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Faculty Scholarship
Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …
The Restatement (Second): Its Misleading Quality And A Proposal For Its Amelioration,
2013
Pepperdine University
The Restatement (Second): Its Misleading Quality And A Proposal For Its Amelioration, W. Noel Keyes
Pepperdine Law Review
No abstract provided.
The Restatement (Second): A Tribute To Its Increasingly Advantageous Quality, And An Encouragement To Continue The Trend,
2013
Pepperdine University
The Restatement (Second): A Tribute To Its Increasingly Advantageous Quality, And An Encouragement To Continue The Trend, John W. Wade
Pepperdine Law Review
No abstract provided.
Land Use Aesthetics: A Citizen Survey Approach To Decision Making ,
2013
Pepperdine University
Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear
Pepperdine Law Review
No abstract provided.
Consumer Debt And Usury: A New Rationale For Usury ,
2013
Pepperdine University
Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris
Pepperdine Law Review
No abstract provided.
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency,
2013
University of Nebraska-Lincoln
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Lisa PytlikZillig Publications
Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …
Constitutional Remedies & Public Interest Balancing,
2013
University of New Hampshire School of Law
Constitutional Remedies & Public Interest Balancing, John M. Greabe
Law Faculty Scholarship
The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts possess the same power with respect to the substitutionary remedies usually provided at law. The conventional account has things backwards when it comes to constitutional remedies. The modern Supreme Court frequently requires the withholding of substitutionary constitutional relief under doctrines developed to protect the perceived public interest. Yet it has treated specific relief to remedy ongoing or imminent invasions of rights as routine, at least when …
Plain Language Prospects In American Public Law: Insiders Weigh In,
2013
University of Stirling
Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones
The Modern American
No abstract provided.
The Rule Of Law And The Perils Of Precedent,
2013
Notre Dame Law School
The Rule Of Law And The Perils Of Precedent, Randy J. Kozel
Michigan Law Review First Impressions
In a world where circumstances never changed and where every judicial decision was unassailably correct, applying the doctrine of stare decisis would be a breeze. Fidelity to precedent and commitment to sound legal interpretation would meld into a single, coherent enterprise. That world, alas, is not the one we live in. Like so much else in law, the concept of stare decisis encompasses a series of trade-offs-and difficult ones at that. Prominent among them is the tension between allowing past decisions to remain settled and establishing a body of legal rules that is flexible enough to adapt and improve over …
Conceptions Of Civil Society In International Lawmaking And Implementation: A Theoretical Framework,
2013
Georgetown University Law Center
Conceptions Of Civil Society In International Lawmaking And Implementation: A Theoretical Framework, Laura Pedraza-Farina
Michigan Journal of International Law
The last two decades have seen an unprecedented explosion in the number of civil society organizations seeking to influence national and international policy making and implementation. Global leaders, activists, scholars, and policy experts have increasingly called for the inclusion of civil society in international governance and in the national implementation of international commitments. Most recently, the wave of civil uprisings that swept the Middle East and North Africa has put fostering civil society participation high on the agenda of national governments and international organizations. Indeed, most international organizations have devised mechanisms to engage with civil society and regard civil society …
Human Rights Obligations To The Poor,
2013
University of Michigan Law School
Human Rights Obligations To The Poor, Monica Hakimi
Book Chapters
Poverty unquestionably detracts from the human rights mission. Modern human rights law recognizes a broad range of rights - for example, "to life, liberty, and security of person" and to adequate "food, clothing, and medical care."1 Any number of those rights might go unrealized in conditions of extreme poverty. However, human rights law has always been partly aspirational. For those seeking to improve the lives of the poor, the key question is not what rights exist but how to make those rights operational. What does human rights law actually require of states? And how might its obligations benefit the poor?
Can A Pluralistic Commonwealth Endure?,
2013
University of Oklahoma College of Law
Can A Pluralistic Commonwealth Endure?, Brian Mccall
Faculty Articles
This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.
A Child Is Not A Commodity: Stopping Domestic Child Sex Trafficking,
2013
University of Florida Levin College of Law
A Child Is Not A Commodity: Stopping Domestic Child Sex Trafficking, Michelle Tomes
University of Florida Journal of Law & Public Policy
No abstract provided.
