-
作者:Sweeney, Maureen A.
作者单位:University System of Maryland; University of Maryland College Park
摘要:United States immigration courts that decide asylum cases are situated within the Justice Department (DOJ)-a law enforcement agency deeply invested in enforcing border control-and are subordinate to the Attorney General, the nation's politically appointed chief law enforcement officer. This institutional subjugation of immigration judges and the Board of Immigration Appeals (BIA or Board) challenges the system's integriy and leaves people who are seeking protection promised by international tr...
-
作者:Aman, Alfred C., Jr.; Rookard, Landyn Wm.
作者单位:Indiana University System; Indiana University Bloomington
摘要:Modern government is comprised of a complex admixture of public and private actors. From the provision of public services, to growing movements to sell off national parks, to the very task of legislating, the public is unlikely to encounter an area of government that is untouched by privatization. But public transparency mechanisms, including the seminal Freedom of Information Act (FOIA), rely upon an outdated, rigid conception of the private-public dichotomy. They fail to provide the public w...
-
作者:James, Corin
作者单位:American University
-
作者:Turner, Savannah
作者单位:American University
-
作者:Kovacs, Kathryn E.
作者单位:Rutgers University System; Rutgers University Newark
摘要:The unitary executive is no longer a theory; it is real. The President operates on the premise that, because all executive power is vested in him, his appointees merely assist him in performing his constitutional duty. The rise of the unitary executive is not a new phenomenon, but it has reached a new pinnacle. This Article demonstrates that among the contributing causes to that climb are the judicial rules about rulemaking. The provisions governing agency rulemaking in the Administrative Proc...
-
作者:Revesz, Joshua
作者单位:Yale University
摘要:This Article explores and critiques the administrative law doctrine of voluntary remand. When petitioners challenge an agency policy, the agency may ask the reviewing court to return the policy to the agency for reconsideration-effectively terminating the court's role in the case. Voluntary-remand motions risk agency opportunism and political manipulation but are nevertheless routinely and uncritically granted by courts. The Article explores the theory and history of voluntary-remand doctrine,...
-
作者:Webley, Alec
作者单位:New York University
摘要:How does an ordinary citizen find out what the government is doing and why? One early method was pioneered by the Administrative Procedure Act (APA). The APA requires that when a government agency finalizes a rule, it publishes a preamble containing a concise general statement of the rule's basis and plopose. But the public truth-telling function of these preambles has become undermined by their spectacular length, often to more than a thousand pages longer than their parent rules, making it v...
-
作者:Messer, Sabra R.
作者单位:American University
摘要:In 2007, the Public Service Loan Forgiveness (PSLF) program was enacted to encourage qualified individuals to seek employment in the public sector. A decade later in 2017, the first round of qualified applicants are eligible to receive forgiveness on the remaining balances of their student loans provided they work for a qualifying employer and have made 120 on-time payments under an approved repayment program. However, the PSLF program has been criticized as duplicative and expensive, resultin...
-
作者:Kalinowski, Alissa S.
作者单位:American University
-
作者:Weaver, Holly L.