Vol. 119 No. 1

Crime Federalism
Article

IMMIGRANT SANCTUARY AS THE “OLD NORMAL”: A BRIEF HISTORY OF POLICE FEDERALISM

Trevor George Gardner *

Three successive presidential administrations have opposed immi­grant-sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigra­tion enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular his­tory of a field this Article identifies as “police federalism.” For nearly all of U.S. history,[...]

Land Use
CLR Online

TRESPASS AND VANDALISM OR PROTECTING THAT WHICH IS HOLY? THE MISSING PIECE OF RELIGIOUS LIBERTY LAND-USE CLAIMS

Edward K. Olds *

Introduction On October 27, 2016, Casey Camp-Horinek was arrested for pray­ing. The State of North Dakota claims that she was arrested for trespass, rioting, and endangerment by fire, but Camp-Horinek was acting out of a religious duty to protect the purity of Lake Oahe. This Comment will discuss whether the enforcement of these laws against […]

Administrative Law
Article

THE SELF-DELEGATION FALSE ALARM: ANALYZING AUER DEFERENCE’S EFFECTS ON AGENCY RULES

Daniel E. Walters *

Auer deference holds that reviewing courts should defer to agen­cies when the latter interpret their own preexisting regulations. This doc­trine relieves pressure on agencies to undergo costly notice-and-com­ment rulemaking each time interpretation of existing regulations is neces­sary. But according to some leading scholars and jurists, the doc­trine actually encourages agencies to promulgate vague rules in the first instance, augmenting[...]