CORPORATE governance laws and INDUSTRIAL management
The article offers information on the incoherency of corporate governance in the U.S. It features an overview of its impact and means done by the government to address it. Moreover, it also discusses the need for Congress to expand the Securities and Exchange Commission's (SEC) mandate to impose corporate governance standards.
LABOR organizing, LABOR union recognition, and EMPLOYERS
The article discusses the appropriateness of a union organizing method in the U.S. called card checking. Card checking is the process of union recognition validated through the issuance of union authorization card signatures. Members of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and independent unions are the proponents of checking recognition in connection with the amendments to the Employer Free Choice Act (EFCA) of 2007.
ATTORNEY & client, PRACTICE of law, WAIVER of appeal, and JUDICIAL process
The article focuses on the attorney-client privilege protection act in the U.S. According to the author, Corporate privilege waivers have generated exceptional controversy despite the widespread nature of analogous waiver in the justice system. Meanwhile, those who oppose the waiver practice are powerful and loud enough that U.S. Congress is contemplating the passage of the Attorney-Client Privilege Act.
The article focuses on the mainstreaming requirement of individual with disabilities, particularly in the context of autistic spectrum disorders in the U.S. According to the author, autism is a brain development disorder characterized by impairments in social and communication abilities. Therefore, the author concludes that U.S. Congress and the Department of Education would effectuate the commendable goal of allowing schools to provide best treatment for children with autism.
FINANCIAL crises, BAILOUTS (Finance), PUBLIC institutions, and UNITED States economy -- 2001-2009
The article discusses the amends for the Troubled Asset Relief Plan (TARP), the financial bailout plan enacted by the U.S. Congress and the White House in October 2008. It provides a brief overwiew on the causes of the financial crises experiencing in the country. Moreover, the authors suggest and outline details of how TARP should be channeled through government institutions, including the Federal Housing Administration (FHA), Fannie Mae and Freddie Mac.
VISAS, IMMIGRATION law, IMMIGRANT families, and UNITED States -- Politics & government -- 21st century
The current backlog of over 3.5 million immigration visas places strains on mixed immigration status families and exacerbates the undocumented population problem. Families who choose to wait for a visa to become available before reunifying may strain the family unit. Those who reunify in the United States without first obtaining legal status face deportation and inadmissibility because of their unlawful residence in the United States. Congress has made some attempts to alleviate these strains. Unfortunately, the broad intent of these statutory changes has run up against narrow administrative interpretation. Nonetheless, in the present political climate, administrative solutions that seek to solve inadequacies in the current system are more politically expedient than installing a completely new family visa program. Therefore, immigration reform efforts must focus on expansive statutory interpretation of these and other existing statutes. In this essay I outline the social costs of an inadequate family visa program and offer some suggestions for administrative improvements to the program that do not necessitate legislative action. However, the inadequacies of the current family petition system must eventually be addressed through a congressional overhaul of the process. Therefore, I visit the history of narrow administrative interpretation of immigration legislative action to highlight how important agency interpretation is in the drafting of immigration legislation. I conclude the essay by discussing the elements I believe should be included in family visa petition reform. [ABSTRACT FROM AUTHOR]
POLITICAL asylum, LEGAL status of political refugees, BORDER crossing, DEPORTATION, and EXPEDITED removal (Immigration)
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) added major new restrictions to U.S. asylum law. Several other laws passed in the wake of 9/11 produced additional restrictions. Various proposals to modify or even eliminate the changes made by IIRIRA and the post-9/11 laws have been introduced over the years; the Refugee Protection Act of 2010 (RPA) is the most prominent recent example of these efforts. As this Article details, the RPA has much to commend within it, especially its proposed elimination of the one year deadline for asylum applications that was originally imposed by IIRIRA. The most pressing problem not substantively addressed by the RPA concerns the expansion of expedited removal, a central innovation of IIRIRA. Expedited removal authorizes Customs and Border Patrol officers to apprehend and deport persons without appropriate travel documents and to bar them from reentry for five years. For persons caught up in the expedited removal process, deportation typically occurs less than forty-eight hours after arrival at the U.S. border. The process is able to work so quickly because the deportation decision typically is made by a front-line border patrol worker and his or her supervisor, with the possibility of judicial review either completely barred or extremely limited, depending on the circumstances. Although various government studies, as well as reports by other groups, have shown that expedited removal results in many improper deportations, the process nonetheless has been expanded step-by-step in recent years beyond its original limitation to U.S. ports of entry, and now applies to all locations within 100 miles of a U.S. border (expansively defined to include all international waters). This Article argues that the RPA's failure to curtail this expansion is a significant and unwelcome omission; indeed, the most recent expansions have greatly increased the risk of deporting U.S. citizens and legal permanent residents. The risk of improper deportation is not likely to be appreciably lessened by the RPA's authorization of one additional government study of expedited removal. As the Article points out, while prior studies with a similar charge and duration have revealed much wrongdoing, they also have been mainly ignored by immigration authorities. However, the inadequacy of past studies to bring about concrete reform is in no small part due to limitations placed upon them by Congress or by immigration administrators. The Article asserts that, in order to overcome the bureaucratic biases of the Customs and Border Patrol and to ensure the proper implementation of the law, these limitations must be revised or eliminated. The Article accordingly concludes with a number of specific recommendations for enabling future studies to achieve the dual objectives of shedding light and bringing about reform. [ABSTRACT FROM AUTHOR]
IMMIGRATION enforcement, LABOR laws, EMPLOYMENT of undocumented immigrants, and VIOLENCE in the workplace
In considering specific provisions of the Immigration and Nationality Act that can be "fixed" in the absence of comprehensive immigration reform, we must seek to ameliorate the unintended consequences of existing provisions. One important and potentially devastating consequence has been the exploitation of noncitizen workers arising out of the implementation of the employer sanctions provisions of the Act. The employer sanctions provisions were implemented to punish employers who knowingly hired undocumented workers. Since its enactment, however, it has been workers themselves who have borne the consequences of employer sanctions enforcement efforts. Employer sanctions investigations have yielded vastly more deportation orders than employer violations. Today, moreover, prosecutors charge workers with fraud and similar criminal violations, even though Congress did not intend criminal sanctions for workers who worked in the United States without authorization. These actions are taken in the name of immigration enforcement, which I believe is overemphasized. A more nuanced reading of the Act reveals a congressional intent to admit and protect several categories of noncitizens, including victims of workplace criminal activity. Specifically, the Act contains a potentially powerful provision that can undo many of the unintended consequences of employer sanctions provisions, and at the same time refocus enforcement efforts on the originally-intended employers who knowingly hire undocumented workers. The U visa provision of the INA-intended to protect victims of crimes, including workplace crimes-can and should provide leverage to workers who seek to uphold or enforce labor and employment rights in the most egregious settings (i.e., those in which the employer is both circumventing the immigration employer sanctions provisions and exploiting noncitizen workers who fear deportation). In this essay, I recommend ways to strengthen the U visa provision so that it can mitigate the unintended consequences of employer sanctions provisions for workers. [ABSTRACT FROM AUTHOR]
JUDGES -- United States, UNITED States legislators, LEGAL professions, and FORENSIC sciences
The article offers information on how judges, legislators and the legal community would apply the forensic science in response to the report of the National Research Council of the National Academy of Science (NAS) in the U.S. It mentions the need of the validation of the Report to resolve controversy within the forensic science. Also mentioned is the creation of the National Institute of Forensic Science (NIFS) for the improvement of the sector rather than stagnation.
CRIMINAL judgments, HONEST services fraud, STATUTES, CRIMINAL law, EMPLOYEES, ACTIONS & defenses (Law), and UNITED States
The article discusses the decision of the U.S. Supreme Court in the criminal case against Enron Corp. chief executive officer (CEO) Jeffrey Skilling in the context of overcriminalization. Topics include the prosecutorial invention of honest services fraud, the Court's ruling to narrow the Honest Services Statute in the case, and the impact of the decision on the risks associated in criminal statutes. It also explores the Court's judgment options and the response of the Congress to the case.
The article examines the decision of the U.S. Supreme Court in the criminal case against Enron Corp. chief executive officer (CEO) Jeffrey Skilling and the role of the judiciary in the statutory process. It notes the effort of the Supreme Court to limit the reach of the Honest Service Statute under the 18th amendment of the U.S. Constitution (USC) and why the statute was deemed unconstitutionally vague. It argues the need for the Congress to define the scope and limits of honest services fraud.
LAND use laws, DUE process of law, FREEDOM of religion, LANDOWNERS, and RELIGIOUS institutions
The article focuses on the Religious Land Use and Institutionalized Persons Act (RLUIPA) and examines whether the law imposes a substantial burden on the believer or religious institution in the U.S. The law was enacted by the Congress to correct the problems of the Religious Freedom Restoration Act (RFRA). The author says that religious landowners can invoke due process when they face barriers from local land use decision makers.
LAND use laws, CHURCH & state, FREEDOM of religion, and RELIGIOUS discrimination
The article focuses on the Religious Land Use and Institutionalized Persons Act (RLUIPA), which was enacted by the U.S. Congress to correct the problems of the proposed Religious Freedom Restoration Act (RFRA). It notes that the RLUIPA has helped protect the churches' First Amendment rights. The author says that governments can avoid problems under RLUIPA if they treat churches equality and they can regulate the location of churches if they do not use their power to exclude or discriminate.
ADOPTION -- United States, SAME-sex parents, GOVERNMENT policy, LEGAL status of adopted children, and HUMAN rights
The article focuses on the importance of Full Faith and Credit Clause of the U.S. Constitution for adoptions by same-sex parents. It indicates that goal of a legislative resolution toward ensuring the rights of same-sex adoptive parents and their adopted children. It suggests the need for the Congress to pass a Protection of Adoptive Children Act, which would guarantee that same-sex adoptive couples will be given the same rights as all other adoptive parents across the country.
CONSUMER protection, CONSUMER law, LAW enforcement, FINES (Penalties), FEDERAL government, UNITED States. Federal Trade Commission Act, and UNITED States
This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any "unlawful," "unfair," or "deceptive" acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime-- which has been the law of the land for several decades--carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest stages. Unfortunately, that promise has not been fulfilled because these laws are chronically under-enforced. At present, only one federal agency--the Federal Trade Commission--has broad standing to enforce the FTC Act; while state Attorneys General and consumers typically have standing to enforce the little Acts, they cannot keep up with the rate of corporate malfeasance. This Article argues that the nation's legislatures should invite cities and counties with populations over 50,000 into consumer protection enforcement by granting them standing to seek injunctive relief and penalties under the FTC Act and little Acts. It addresses the practical benefits and barriers to disaggregating consumer protection enforcement in this way and discusses the attendant localism and federalism concerns. [ABSTRACT FROM AUTHOR]