Topics in American Federalism (Fahey)
T 10:00AM - 12:00PM
Silverman Hall M28
Although the Supreme Court frequently characterizes the federal power over immigration policy as "exclusive," this seminar will explore the ways that immigration policy and enforcement are conducted not just by the federal government, but by state and local governments as well. We will canvas the legal infrastructure of our federalist immigration regime, including (but not limited to) immigration enforcement at the federal, state and local level; the intersections of the Immigration and Nationality Act with state and local criminal law; state and local integration and non-integration policies; and state and local involvement in housing and transporting immigration detainees. We will also consider the theoretical basis of immigration federalism. In the second half of the semester, students will have the opportunity to apply their learning to unsettled legal questions currently making their way through the courts, including the status of sanctuary cities, state and local power to influence the "boarder wall," and federal authority to prosecute state judges for failing to assist in immigration enforcement. No prerequisites.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.