Administrative Law
Michigan appellate courts rendered decisions on administrative law during the 2010
Survey period regarding the intersection of administrative law and what may be regarded as certain private rights. Read More …
Tag: Administrative Law
Administrative Law
Michigan appellate courts rendered decisions on administrative law during the 2009
Survey period regarding application of the Freedom of Information Act and the seminal 2008 Rovas decision, as well as onseveral other substantive law areas. Read More …
Waiting for Alvarado: How Administrative Delay Harms Victims Of Gender-Based Violence Seeking Asylum
“Well? Shall we go? Yes, let’s go. (They do not move).”
Over the course of their ten-year marriage in Guatemala, Ms. Rody Alvarado Peña’s husband brutally and violently abused her. Ms.Alvarado managed to escape to America, but once she arrived, she discovered that the most intimate details of her life would be scrutinized in an administrative immigration system that re-victimized her and protracted her suffering for another fourteen years. She has not seen her children since she arrived, and until she was granted asylum in December2009, she had no way to bring them to the United States. Her case is one of the most illustrative and modern examples of administrative malfunction and delay in the American immigration system Read More …
What We Learn in Troubled Times: Deregulation and Safe Work in the New Economy
Even before the financial crisis of September 2008, the average American worker would confidently report we live in troubled times. Staggering income inequality has become the norm in the United States. Medical care has become an unaffordable luxury for working Americans who lack employer-provided health insurance. New forms of work organization and employment have rendered once secure jobs vulnerable and, in some cases, removed those who labor from the protective ambit of labor and employment law. A weakened labor movement is increasingly at pains to protect those employees with union representation from the fluctuations of global markets. Of course, most American workers have no representation at all. Read More …
Ideological Dissonance, Disability Backlash, and the ADA Amendments Act
Upon its original passage, the ADA was described by some as the most significant civil rights legislation since the Civil Rights Act of 1964. Not quite twenty years after the Act’s passage, that characterization was severely challenged as courts took an increasingly strict approach to the definition of disability. The judicial construction of the ADA was decried as inappropriately restrictive, or more forcefully, as a “backlash” against individuals with disabilities. Appeals were made to Congress to amend the statute to provide for a broader interpretation of disability status. Read More …