The Failure of Immigration Appeals
Within the same immigration court, some immigration judges are up to three times more likely than their colleagues to order… Continue reading →
Search results for: “Article”
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Vested Rights, “Franchises,” and the Separation of Powers
Modern courts and commentators have had trouble distinguishing the kinds of decisions that require “judicial” power from the adjudicative tasks… Continue reading →
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Balancing Versus Structured Decision Procedures: Antitrust, Title VII Disparate Impact, And Constitutional Law Strict Scrutiny
Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make… Continue reading →
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Faithful Execution and Enforcement Discretion
This Article uses Deferred Action for Parents of Americans and Lawful Permanent Resident program (DAPA) to explore the tension between… Continue reading →
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Presidential Signing Statements: A New Perspective
This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I… Continue reading →
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Taking Disability Public
Antidiscrimination laws enforce the idea that no one should be forced or encouraged to hide their race, gender, sexuality, or… Continue reading →
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Secrecy Creep
Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on… Continue reading →
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Separation of Powers Legitimacy: An Empirical Inquiry into Norms About Executive Power
The continuing debate over the President’s directive authority is but one of the many separation‐of‐powers issues that have confronted courts,… Continue reading →
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Paying for Long-Term Performance
In the aftermath of the financial crisis, regulators, firms, and investors are seeking to put in place executive pay arrangements… Continue reading →
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The Judicial Role in Constraining Presidential Nonenforcement Discretion: The Virtues of an APA Approach
Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means… Continue reading →