SelectedWorks @ Widener University Commonwealth Law School
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Another Limit on Federal Court Jurisdiction? Immigrant Access to Class-Wide Injunctive Relief
No full textThis article examines a statute that may embody another limit on the power of the federal courts. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) implemented sweeping changes that substantially restrict federal court review of administrative immigration decisions. One provision implemented as a part of IIRIRA, 8 U.S.C. § 1252(f)(1), appears, at least at first glance, to prohibit courts from issuing class-wide injunctive relief in immigration cases. Such a restriction would be significant because federal courts have issued class-wide injunctions in the past to stop unconstitutional immigration practices and policies of the federal government. The Supreme Court has not yet directly interpreted section 1252(f)(1). Taking a closer look at the text of this provision in the context of relevant Supreme Court precedent, this article suggests that the provision may not impose a broad bar against the use of class-wide injunctive relief in the immigration context. In addition, if the Court interprets this provision to broadly restrict class-wide injunctive relief, this article examines whether habeas corpus jurisdiction may provide an alternative means to obtain such relief. Ultimately, resolution of the effect of this provision will implicate the ongoing scholarly debate over the constitutionality and propriety of congressional restrictions of federal court review
Check Substitution: The Payment Processors\u27 Perspective
No full textThe fifth and concluding panel of the Federal Reserve Bank of Chicago\u27s 2005 Payments Conference brought together payment processors to discuss check substitution by payors and the elimination of the physical check in the clearance and settlement process. Although the panelists agreed that while check usage is decreasing, they generally concluded checks will still remain an important part of the payment system in the foreseeable future. The panelists focused on how innovations, incentives and regulation are influencing check substitution and improvements to check processing
Distinguishing Swaps From Futures: A Regulatory History
No full textOver 20 years since the first official over-the-counter derivative trade went public between IBM and the World Bank, the divide between the OTC and exchange-traded derivatives industries is as wide as ever. Although many firms trade both types, the individual participants in those shops still tend to think of themselves as either a swaps or a futures person. Such division can best be understood by appreciating the regulatory battle in the U.S. over swap regulation. Although much of that battle ended in 2000 with the passage of the Commodity Futures Modernization Act, defining differences continue to distinguish the two industries
