Administrative adjudication

2021 ◽  
Author(s):  
Jeffrey S. Lubbers
Keyword(s):  
United States ◽  
Judicial Review ◽  
The United States ◽  
Federal Courts ◽  
Federal Agencies ◽  
Administrative Record ◽  
The Us ◽  
The World ◽  
Administrative Adjudication ◽  
Made In

The US system of administrative adjudication in which our federal agencies decide disputes with private parties themselves with administrative hearings, with an internal appeal, followed by judicial review based on the administrative record in the federal courts is familiar to American lawyers. But that is not the system that is followed by most countries around the world—where agency decisions are typically made in a very informal manner, with any requested hearings taking place in administrative courts or tribunals and sometimes with further review in the ‘regular’ courts. This dichotomy between the US system of internal administrative adjudication and external administrative adjudication around the world reveals that the United States is the outlier. This chapter describes this dichotomy in more detail and examines its implication in terms of administrative justice and other qualitative measures of the different models.

scholarly journals A Suspended Death Sentence: Habeas Review of Expedited Removal Decisions

2020 ◽  
pp. 655
Author(s):  
Lauren Schusterman
Keyword(s):  
United States ◽  
Judicial Review ◽  
Asylum Seekers ◽  
The United States ◽  
Federal Courts ◽  
Death Sentence ◽  
Low Level ◽  
Bona Fide ◽  
Circuit Courts ◽  
Made In

Expedited removal allows low-level immigration officers to summarily order the deportation of certain noncitizens, frequently with little to no judicial oversight. Noncitizens with legitimate asylum claims should not find themselves in expedited removal. When picked up by immigration authorities, they should be referred for a credible fear interview and then for more thorough proceedings. Although there is clear congressional intent that asylum seekers not be subjected to expedited removal, mounting evidence suggests that expedited removal fails to identify bona fide asylum seekers. Consequently, many of them are sent back to persecution. Such decisions have weighty consequences, but they have remained largely immune from judicial review. This is in part due to a provision of expedited removal, 8 U.S.C. § 1252(e)(2), that prevents the federal courts from hearing habeas petitions that challenge the decisions made in expedited removal. Circuit courts are split on whether this provision violates the Suspension Clause based on diverging interpretations of when noncitizens become entitled to habeas rights. This Note argues that, based on the Supreme Court’s interpretation of the Suspension Clause and the historical purpose of habeas review, noncitizens who are physically in the territorial United States are entitled to habeas rights. As a result, 8 U.S.C. § 1252(e)(2) is unconstitutional. Asylum seekers in the United States are entitled to habeas review of their expedited removal determinations unless Congress enacts an adequate substitute for this review.

Germany's relations with the United States and China from a strategic triangle perspective

2021 ◽  
Author(s):  
Sebastian Biba
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Great Power ◽  
The European Union ◽  
Bilateral Relations ◽  
Puzzle Piece ◽  
The Us ◽  
The World ◽  
Angela Merkel

Abstract As the Sino-American Great Power competition continues to intensify, newly-elected US President Joe Biden's administration now seeks to enlist the support of its allies and partners around the world. As Europe's largest economy and a, if not the, leading voice within the European Union, Germany represents an important puzzle-piece for Biden. But Germany, at least under outgoing chancellor Angela Merkel, has been reluctant to take sides. It is against this backdrop that this article looks into Germany's past and present trilateral relationships with the US and China through the theoretical lens of the so-called strategic triangle approach. Applying this approach, the article seeks to trace and explain German behaviour, as well as to elucidate the opportunities and pitfalls that have come with it. The article demonstrates that Germany's recently gained position as a ‘pivot’ (two positive bilateral relationships) between the US and Chinese ‘wings’ (positive bilateral relations with Germany and negative bilateral relations with each other) is desirable from the perspective of the strategic triangle. At the same time, being pivot is also challenging and hard to maintain. Alternative options, such as entering a US–German ‘marriage’ directed against China, are also problematic. The article therefore concludes that Germany has tough decisions to take going forward.

The World of Uncertainty: Is America Losing Its Leverage Towards a Looming New China–Russia Alliance?

2021 ◽  
Vol 13 (04) ◽  
pp. 92-106
Author(s):  
Vitaly KOZYREV
Keyword(s):  
United States ◽  
21St Century ◽  
World Order ◽  
The United States ◽  
Great Power ◽  
Window Of Opportunity ◽  
The Us ◽  
The World ◽  
Alliance Building

The recent deterioration of US–China and US–Russia relations has stumbled the formation of a better world order in the 21st century. Washington’s concerns of the “great power realignment”, as well as its Manichean battle against China’s and Russia’s “illiberal regimes” have resulted in the activated alliance-building efforts between Beijing and Moscow, prompting the Biden administration to consider some wedging strategies. Despite their coordinated preparation to deter the US power, the Chinese and Russian leaderships seek to avert a conflict with Washington by diplomatic means, and the characteristic of their partnership is still leaving a “window of opportunity” for the United States to lever against the establishment of a formal Sino–Russian alliance.

The American Perception of the Palestine-Israel Conflict

2021 ◽  
Author(s):  
Israa Daas ◽  
Keyword(s):  
United States ◽  
Middle East ◽  
Political Party ◽  
The United States ◽  
The Us ◽  
The World ◽  
Us Government ◽  
Source Of Information

Abstract The Palestine-Israel conflict is probably one of the most pressing problems in the Middle East. Moreover, the United States has been involved in this conflict since the 1970s. Therefore, the present research aims to learn more about the American perception of the Palestinian-Israeli conflict. It was conducted using a survey that addressed Americans from different backgrounds, focusing on four variables: the American government’s position, solutions, the Israeli settlements, and Jerusalem. The research suggests a correlation between political party and the American perception of the conflict. It appears that Republicans seem to be against the withdrawal of the Israeli settlements, and they believe that the US government is not biased toward Israel. Nevertheless, Democrats tend to believe that the US government is biased in favor of Israel, and they support withdrawing the Israeli settlements. Moreover, there might be another correlation between the American perception and the source of information they use to learn about the conflict. Most of the surveyed Americans, whatever their resource of information that they use to learn about the conflict is, tend to believe that the US is biased in favor of Israel. It is crucial to know about the American perception when approaching to a solution to the conflict as the US is a mediator in this conflict, and a powerful country in the world. Especially because it has a permanent membership in the UN council. KEYWORDS: American Perception, Palestine-Israel Conflict, Jerusalem, Israeli settlements

United States and Its Challenge to Multilateralism in the Global Economy

2018 ◽  
Vol 74 (4) ◽  
pp. 402-419
Author(s):  
Krishnakumar S.
Keyword(s):  
United States ◽  
Global Economy ◽  
World Economy ◽  
Foreign Exchange Market ◽  
Bilateral Trade ◽  
Developing Economies ◽  
The United States ◽  
The Us ◽  
The World ◽  
Merchandise Trade

With Donald Trump as President of United States, multilateralism in the world economy is facing an unprecedented challenge. The international economic institutions that have evolved since the fifties are increasingly under the risk of being undermined. With the growing assertion of the emerging and developing economies in the international fora, United States is increasingly sceptical of its ability to maneuvre such institutions to suit its own purpose. This is particularly true with respect to WTO, based on “one country one vote” system. The tariff rate hikes initiated by the leader country in the recent past pose a serious challenge to the multilateral trading system. The paper tries to undertake a critical overview of the US pre-occupation of targeting economies on the basis of the bilateral merchandise trade surpluses of countries, through the trade legislations like Omnibus Act and Trade Facilitation Act. These legislations not only ignore the growing share of the United States in the growing invisibles trade in the world economy, but also read too much into the bilateral trade surpluses of economies with United States and the intervention done by them in the foreign exchange market.

The Emergence of the New Cold War: The Syrian and Ukraine Conflicts

2016 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Mediel Hove
Keyword(s):  
United States ◽  
Cold War ◽  
Soviet Union ◽  
Former Soviet Union ◽  
The United States ◽  
The Soviet Union ◽  
The Us ◽  
The World

This article evaluates the emergence of the new Cold War using the Syrian and Ukraine conflicts, among others. Incompatible interests between the United States (US) and Russia, short of open conflict, increased after the collapse of the former Soviet Union. This article argues that the struggle for dominance between the two superpowers, both in speeches and deed, to a greater degree resembles what the world once witnessed before the collapse of the Union of Soviet Socialist Republics (USSR) in 1991. It asserts that despite the US’ unfettered power, after the fall of the Soviet Union, it is now being checked by Russia in a Cold War fashion.

scholarly journals Ukraine in the Focus of US Foreign Policy Priorities

2020 ◽  
pp. 66-79
Author(s):  
N. Gegelashvili ◽  
◽  
I. Modnikova ◽  
Keyword(s):  
United States ◽  
Soviet Union ◽  
The United States ◽  
Donald Trump ◽  
The Soviet Union ◽  
The Us ◽  
The World ◽  
The Russian Federation ◽  
Radical Transformation

The article analyzes the US policy towards Ukraine dating back from the time before the reunification of Crimea with Russia and up to Donald Trump coming to power. The spectrum of Washington’s interests towards this country being of particular strategic interest to the United States are disclosed. It should be noted that since the disintegration of the Soviet Union Washington’s interest in this country on the whole has not been very much different from its stand on all post-Soviet states whose significance was defined by the U,S depending on their location on the world map as well as on the value of their natural resources. However, after the reunification of Crimea with Russia Washington’s stand on this country underwent significant changes, causing a radical transformation of the U,S attitude in their Ukrainian policy. During the presidency of Barack Obama the American policy towards Ukraine was carried out rather sluggishly being basically declarative in its nature. When President D. Trump took his office Washington’s policy towards Ukraine became increasingly more offensive and was characterized by a rather proactive stance not only because Ukraine became the principal arena of confrontation between the United States and the Russian Federation, but also because it became a part of the US domestic political context. Therefore, an outcome of the “battle” for Ukraine is currently very important for the United States in order to prove to the world its role of the main helmsman in the context of a diminishing US capability of maintaining their global superiority.

scholarly journals A concepção de excepcionalidade na consciência social de Estados Unidos e China como elemento para a reflexão sobre disputas hegemônicas

2018 ◽  
Vol 7 (3) ◽  
pp. 551-580
Author(s):  
Marcos Cordeiro Pires ◽  
Thaís Caroline Lacerda Mattos
Keyword(s):  
United States ◽  
Manifest Destiny ◽  
The United States ◽  
Ancient Civilization ◽  
Religious Vision ◽  
The Us ◽  
The World ◽  
Guiding Principles ◽  
International Strategies

Este artigo busca refletir sobre o contexto de uma eventual disputa hegemônica entre Estados Unidos e China. Entretanto, ao invés de traçar um cenário prospectivo, busca-se levantar elementos históricos da formação de ambas as sociedades com vistas a delinear as bases das atuais estratégias internacionais de cada país. Importante característica comum entre ambas é que tanto Estados Unidos e China se veem como excepcionais, resultado de virtudes e de condições históricas específicas que moldaram de cada sociedade. Tal percepção de excepcionalidade está entre os princípios norteadores da inserção externa de Estados Unidos e China, além justificar e solidificar a construção das bases ideológicas que definem a concepção de hegemonia de cada país. Na perspectiva dos Estados Unidos, prevalece a noção de um “Destino Manifesto” – Manifest Destiny, uma visão missionária e religiosa sobre seu papel na ordem mundial. No caso da China, uma civilização milenar autocentrada e pacífica, construída sob o princípio imperial de “Tudo sob o Céu” – Tianxia ??, na qual o imperador chinês exercia o seu mandato celestial por meio da virtude e da benevolência sobre o povo Han e os povos vassalos de todo o mundo. Assim, o objetivo deste artigo é o de analisar a construção da excepcionalidade em ambas as sociedades e relacionar tais características com suas políticas atuais.     ABSTRACT: This article seeks to reflect on the context of a possible hegemonic dispute between the United States and China. However, instead of outlining a prospective scenario, it seeks to raise historical elements of the formation of both societies in order to outline the bases of the current international strategies of each country. An important characteristic that United States and China have in common is that both see themselves as exceptional, as result of their own virtues and the specific historical conditions they have shaped from each society. This perception of exceptionality is among the guiding principles of the US and China's external performance and justifies the ideological foundations that define each country's conception of hegemony. From United States perspective´s the notion of "Manifest Destiny” brings with it a missionary and religious vision about its role in the world. In China's case, a self-centered and peaceful ancient civilization, built under the imperial principle of "All Under Heaven" - Tianxia ??, in which the Chinese Emperor exercised his heavenly mandate through virtue and benevolence over the Han people and the vassal peoples of the whole world. Thus, the objective of this article is to analyze the perception of exceptionality in both societies and to relate such characteristics to their current policies. Keywords: United States. China. Hegemony. Exceptionality. Manifest Destiny. All Under Heaven.     Recebido em: Agosto/2018. Aprovado em: Novembro/2018.

Letters to the Editor

PEDIATRICS ◽  
1981 ◽  
Vol 68 (3) ◽  
pp. 473-473
Author(s):  
David B. Nelson ◽  
Renate D. Kimbrough ◽  
Philip S. Landrigan ◽  
A. Wallace Hayes ◽  
George C. Yang ◽  
...  
Keyword(s):  
United States ◽  
Drug Administration ◽  
Food Supply ◽  
Food Industry ◽  
The United States ◽  
Letters To The Editor ◽  
Department Of Agriculture ◽  
The Us ◽  
The World ◽  
Food Commodities

Dr Wray's comments are, of course, very appropriate and encouraging. Aflatoxin was first detected in food commodities from other parts of the world. As concentrations in other parts of the world have usually been higher, little attention has been paid to the possibility of aflatoxin exposure in humans in the United States except by those who are directly involved in monitoring the human food supply (US Department of Agriculture, the food industry, and the US Food and Drug Administration).

INTERNATIONAL FOOD AND NUTRITION PROGRAMS

PEDIATRICS ◽  
1970 ◽  
Vol 46 (1) ◽  
pp. 145-152
Author(s):  
L. J. Filer ◽  
Lewis A. Barness ◽  
Richard B. Goldbloom ◽  
Malcolm A. Holliday ◽  
Robert W. Miller ◽  
...  
Keyword(s):  
United States ◽  
Food Supply ◽  
Agricultural Development ◽  
Developed Countries ◽  
The United States ◽  
World Food ◽  
Economic Assistance ◽  
Food Problem ◽  
The World ◽  
Made In

Workers in the pediatric field have recognized that undernutrition is of major importance in developing countries around the world and have expressed interest in the extent to which efforts have been made in the United States to deal with this problem. This report attempts to bring together information from a wide variety of sources and to summarize the considerable efforts that have been made in dealing with these problems of undernutrition. It may provide a basis for future planning and involvement on the part of those concerned with solutions for the food problems abroad as well as the application of experience with them to situations in this country. The vital importance of nutrition was forcefully described by the President's Science Advisory Committee in its 1968 report on the "World Food Problem." The principal findings and conclusions reached were stated as follows: 1. the scale, severity, and duration of the world food problem are so great that a massive, long-range, innovative effort unprecedented in human history will be required to master it; 2. the solution of the problem that will exist after about 1985 demands that programs of family planning and population control be initiated now. The food supply is critical for the immediate future; 3. food supply is directly related to agricultural development and, in turn, agricultural development and overall economic development are critically interdependent in the hungry countries; and 4. a strategy for attacking the world food problem will, of necessity, encompass the entire foreign economic assistance effort of the United States in concert with other developed countries, voluntary institutions, and international organizations.

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