Immigration

Online
Essay
Trump 2.0 Removal Cases & the New Shadow Docket
William N. Eskridge Jr.
William N. Eskridge Jr. is the Alexander M. Bickel Professor of Public Law, Yale Law School. He appreciates extraordinarily helpful comments from Susan Koniak, Sydney Allard, Jackson Dellinger, Albert Feuer, and Navid Kiassat, as well as excellent editorial assistance from the University of Chicago Online team.

Welcome to the Supreme Court’s emergency docket. Like the Twilight Zone, the emergency docket is “the middle ground between light and shadow,” and hence is the core of the so-called “shadow docket.” Commentators have criticized the Court’s shadow-docket interventions: Summary orders shirk the Court’s responsibility to resolve important legal issues in reasoned opinions informed by complete briefing and oral argument, are unwise because they risk premature decisionmaking before issues percolate in the lower courts, provide insufficient or confusing direction for lower courts, and undermine the Court’s legitimacy because of their “shadowy” deliberation. My big problem is that shadow-docket stays deeply (not just technically) undermine the rule of law and violently affect the lives of people like O.C.G. without sufficient legal justification.

Constitutional Law Immigration
2
Article
79.4
Delegation in Immigration Law
Adam B. Cox
Professor of Law, New York University School of Law
Eric A. Posner
Kirkland and Ellis Professor of Law, The University of Chicago Law School

Thanks to Emily Berman, Ryan Bubb, Stephen Lee, Nancy Morawetz, Moran Sedah, Peter Schuck, Fred Vars, and workshop participants at The University of Chicago Law School, New York University School of Law, and The University of Alabama School of Law for helpful comments. Thanks also to Kuntal Cholera and David Woolston for research assistance.

Delegation Immigration Law and Economics
Print
Essay
80.1
The Institutional Structure of Immigration Law
Eric A. Posner
Kirkland and Ellis Distinguished Service Professor of Law, The University of Chicago Law School

This Article was prepared for The University of Chicago’s Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012. Thanks to the participants in that conference and Adam Cox for comments, and to Ellie Norton and Randy Zack for helpful research assistance. The Russell Baker Scholarship Fund at The University of Chicago Law School provided financial assistance.

Immigration Institutional Design Law and Economics
Print
Essay
80.1
Designing Temporary Worker Programs
Hiroshi Motomura
Susan Westerberg Prager Professor of Law, University of California, Los Angeles

I would like to thank Noah Zatz, Sabine Tsuruda, and participants in The University of Chicago’s Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012, for their very helpful comments. I am indebted to Brittney Stanley for excellent research and editing assistance.

Immigration Institutional Design Labor Law
Print
Essay
80.1
Screening for Solidarity
Stephen Lee
Assistant Professor of Law, University of California Irvine School of Law

For helpful comments, I am grateful to Jennifer Gordon, Catherine Fisk, David Moore, and Laura Weinrib. This essay benefitted from presentations at UC Irvine School of Law, BYU J. Reuben Clark Law School, and at The University of Chicago’s Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012. The UC Irvine Law School research librarians provided excellent support. I am also grateful to Morgan White-Smith, Taylor Meehan, and the other University of Chicago Law Review editors for their superb editorial work. Please direct comments and questions to slee@law.uci.edu.

Immigration Institutional Design Regulation

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