Monday, November 24, 2014
Refocusing the Debate on Policy, Not Legal Authority
Must Enforcement Discretion be Exercised Case-by-Case?
Playing Politics with the Office of Legal Counsel
For the Symposium on Administrative Reform of Immigration Law
Like the Emancipation Proclamation, Obama's order forces democracy
Sunday, November 23, 2014
Prosecutorial Discretion Through the Looking Glass
David Alan Sklansky
Friday, November 21, 2014
Two Rationales for Administrative Relief
Executive Discretion and Congressional Priorities
Adam Cox & Cristina
Strategic Supreme Court Resignations
Thursday, November 20, 2014
What it is not: Dispelling the myths of the new DHS immigration initiative
Symposium on Administrative Reform of Immigration Law
Wednesday, November 12, 2014
Call for Papers -- Family Law Workshop at University of Illinois
My colleague, Robin Fretwell Wilson, is organizing the inaugural Harry Krause Emerging Family Law Scholars Workshop at the University of Illinois College of Law on Monday, January 19, 2015. The workshop is an opportunity for junior scholars (teaching for seven years or less) to present papers and receive feedback from more senior scholars -- in family law and related fields. The deadline for submission of brief paper proposals is December 1, 2014. Full details about the event and submission information at this link.
Tuesday, November 11, 2014
For Veterans Day, Read about a Soldier
Mary L. Dudziak
November 11, or Veterans Day, was once called Armistice Day, the
official ending of World War I. Congress created the official national
holiday in 1926, noting that
"it is fitting that the recurring
anniversary of this date should be commemorated with thanksgiving and
prayer and exercises designed to perpetuate peace through good will and
mutual understanding between nations." Peace would be fleeting, however,
and the United States would have many more veterans to honor. Along the
way, November 11 became a day to honor all veterans. In the 21st
century, the holiday receives more notice than a few decades ago, even
though fewer American families participate in war service.
As the work of war becomes an abstraction for most of us, the earlier
hope for peace has been replaced by public celebrations of militarism.
Sunday, November 09, 2014
Ready to Throw in the Towel
Gerard N. Magliocca
Over the past few years, Jack and I have had a friendly disagreement about how to characterize the Obama presidency. I've argued that Obama was a reconstructive president (in the mode of Ronald Reagan or Andrew Jackson) who was in the process of creating a new constitutional regime. Jack has taken the view that President Obama is a preemptive president (more like Bill Clinton), who takes opportunities when he can but has not fundamentally changed the political order. I based my view on the President's broad victory in 2008, the enactment of the Affordable Care Act in 2010, and the fact that he was reelected in 2012 and held the Senate majority for his party.
Saturday, November 08, 2014
States’ rights—to block the flow of federal funds to their citizens?
As a matter of statutory interpretation, the plaintiffs’ argument in King/Halbig—that the ACA as a whole clearly requires no subsidies to go to anybody in a state with a federal exchange—is sufficiently implausible that I think it is fair to characterize it as fundamentally a political argument.
Friday, November 07, 2014
Certiorari Granted in King v. Burwell
Gerard N. Magliocca
When King was decided, I said in a post here that four Justices would be waiting on the courthouse steps for the certiorari petition. Get ready for some fireworks in the Spring!
Wednesday, November 05, 2014
An Impeachment Primer
Collected Links for Symposium on Failure to Flourish: How Family Law Undermines Family Relationships
Failure to Flourish: How Family Law Undermines Family Relationships (Oxford University Press, 2014).
Obamacare is Not Settled--Part XVII
Gerard N. Magliocca
Here are a couple of observations about yesterday's results. One is that GOP control of the Senate means that there will be no voluntary retirements from the Supreme Court until 2017. Like it or not, Justice Kennedy will continue as the swing vote. Another is that House Republicans now control around 250 seats, which is their largest number since Al Capone was powerful and flagpole sitting was popular. There is no way that Democrats can make up that deficit in one election cycle, thus we are looking at a GOP House for at least four more years.
Time to Dust Off Impeachment Scholarship?
Monday, November 03, 2014
Tempered Support for a Cultural Change Agenda
Sunday, November 02, 2014
Like Looking for a Vacuum
Some really close readers of Balkinization may have noticed the lack of blog posts from me for a few months, which is for a happy reason (my daughter was born). It’ll be a little while before I return to regular blogging. But with the election looming Tuesday, I wanted to put up a brief post.
Saturday, November 01, 2014
On “Traditionalists,” “Village Builders,” and the Futures of Children