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 →
2016
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A Complainant‐Oriented Approach to Unconscionability and Contract Law
This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of… Continue reading →
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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 →
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Hitting Reset: Devising A New Video Game Copyright Regime
In this Comment, I argue that obtaining and sustaining optimal video game innovation and creativity requires two complementary advancements by… Continue reading →
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Preambles in Treaty Interpretation
The New START Treaty debate provides a glimpse of what is a general state of uncertainty surrounding preambles, the roles… Continue reading →
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Get Out of Jail Free? Preventing Employment Discrimination Against People with Criminal Records Using Ban the Box Laws
Some legal scholars have argued that Ban the Box laws are inherently ineffective in preventing employment discrimination against people with… Continue reading →
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Introduction: The Bounds of Executive Discretion in the Regulatory State
What are the proper bounds of executive discretion in the regulatory state, especially over administrative decisions not to take enforcement… Continue reading →
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The Most Knowledgeable Branch
In the modern era, the executive branch has extraordinary information‐gathering advantages over the legislative and judicial branches. As a result,… Continue reading →
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The Hidden Costs of Cliff Effects in the Internal Revenue Code
Cliff effects in the Internal Revenue Code trigger a sudden increase of federal tax liability when some attribute of a… Continue reading →
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Constitutional Arrogance
My argument is that the presidency of the United States has the institutional disposition and capacity for constitutional arrogance—to take… Continue reading →