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The statutory design raises additional concerns about unintended potential consequences.
Many could be resolved by improved statutory design and communication of new legal requirements and protections.
Influence and displacement take away control from the legislature, either forcing it to enact constitutional-style rules or else making the effect of its statutory design uncertain.
Congress' decision to ameliorate the condition of aliens subject to a final order of removal who cannot be repatriated, but who need not be detained, illustrates a balance in the statutory design.
The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes.
She will describe the statutory design of the new Consumer Financial Protection Bureau (CFPB) and the types of financial products, services, and providers under the jurisdiction of the CFPB.
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Although comprehensive plans are statutory, their design and content is very much at local discretion, and for the most part, not a rigid process governed from above.
"Furthermore, we believe that charging, prosecuting and convicting the 15 protesters under the Aviation and Maritime Security Act fails to take sufficient account of the statutory intent of the law, the mischief it was designed to remedy, and the potential for abuse of these statutory provisions in the circumstances of this case," the experts added.
Like DHS, the courts operate under new statutory timeframes, designed to achieve "permanancy" for children in foster care more quickly.
The Court there held that statutory presumptions designed to discourage evasion of California's ban on alien landholding discriminated against the citizen children of aliens.
12 The Court of Appeals did not find that the Secretary failed to give sufficient notice in violation of the Due Process Clause or any statutory provision designed to implement it.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com