Disrupting Immigration: How Administrative Rulemaking Could Transform the Landscape for Immigrant Entrepreneurs

Article by: Tess Douglas

44 PEPP. L. REV. 199 (2016)

Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through unusual routes. While Congress, the President, and the United States Citizenship and Immigration Services (USCIS) recognize the need for clear and accessible immigration standards for immigrant entrepreneurs, the politicized nature of immigration law has impeded significant change.

This Comment details how administrative rules could offer a less politicized and more certain route for immigrant entrepreneurs. Specifically, this Comment examines how nonbinding policy memoranda and interpretive rules could provide substantial benefits to immigrant entrepreneurs. This manner of promulgating rules fits within USCIS’s administrative authority, and would enable immigrant entrepreneurs to focus on innovating their businesses rather than navigating the immigration system.

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Protecting America’s Children: Why an Executive Order Banning Juvenile Solitary Confinement Is Not Enough

Article by: Carina Muir

44 PEPP. L. REV. 151 (2016)

Despite its devastating psychological, physical, and developmental effects on juveniles, solitary confinement is used in juvenile correctional facilities across the United States.  This Comment posits that such treatment violates the Eighth Amendment’s Cruel and Unusual Punishment Clause, the United Nations’ Convention on the Rights of the Child, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. It likewise argues that that President Obama’s recent Executive Order banning juvenile solitary confinement is simply not a powerful enough remedy and discusses why it must be paired with Congressional legislation or Supreme Court jurisprudence if it is to have any lasting effect.

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The Impact of Marijuana Legalization on Youth & the Need for State Legislation on Marijuana-Specific Instruction in K–12 Schools

Article by: Amanda Harmon Cooley

44 PEPP. L. REV. 71 (2016)

State legalization of marijuana is a divisive and polarizing issue that has resulted in fragmentation between governments and citizens. Contrary to federal law, voters in many states have approved ballot initiatives legalizing the sale of marijuana to adults for their recreational use. This Article argues that any state that legalizes marijuana has a concomitant duty to amend its K–12 public school instructional statutes to provide for substantial marijuana education. No state has yet enacted such legislation even though current alternative educational methods fail to provide sufficient safeguards.  Accordingly, this Article proposes new statutory remedies that could bridge the gap between partisan opponents, cure a legal deficiency that has the potential to cause irreparable harm to children, and provide a model for future states that legalize marijuana.

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False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing the Call to Ban Lethal Autonomous Weapons

Article by: Chris Jenks

44 PEPP. L. REV. 1 (2016)

By casting into the indeterminate future and projecting visions of so-called killer robots, The Campaign to Stop Killer Robots (The Campaign) has incited moral panic in an attempt to stimulate a discussion—and ultimately a ban—on lethal autonomous weapons (LAWS). The real concern is the weapon systems’ ability to select and engage targets without human intervention. However, weapons systems that perform these functions have already been employed internationally since 1980 and The Campaign has been unable to specify which of the current systems its proposed ban should include. This article explains autonomy in general and as applied to weapons systems.  It examines both The Campaign’s primary source documents and reports on LAWS by the Human Rights Watch and a United Nations Special Rapporteur. Likewise, it discusses the flaws with The Campaign’s current approach and proposes an alternative moratorium on LAWS designed primarily to lethally target personnel.

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