Law Professors & Civil Rights Activists Oppose Sessions Nomination For AG — Reports From The Washington Post & NY Times

https://www.washingtonpost.com/world/national-security/more-than-1100-law-school-professors-nationwide-oppose-sessionss-nomination-as-attorney-general/2017/01/03/dbf55750-d1cc-11e6-a783-cd3fa950f2fd_story.html?hpid=hp_hp-top-table-main_sessions-330pm%3Ahomepage%2Fstory&utm_term=.183362aa3493

http://www.nytimes.com/2017/01/03/us/naacp-occupy-jeff-sessions-office.html

I’m not aware that any Senator of either party has expressed an inclination to vote against Senator Sessions’s confirmation.

PWS

01/03/17

 

Surprise: Bipartisanship Works Even In Our Supposedly Hyper-Partisan Climate, According To New Study!

https://www.washingtonpost.com/news/monkey-cage/wp/2017/01/03/does-bipartisanship-even-work-in-todays-polarized-congress-yes/?hpid=hp_regional-hp-cards_rhp-card-politics%3Ahomepage%2Fcard&utm_term=.ffa80938ccbc

“Bipartisan lawmakers are indeed more effective. A typical lawmaker with above-average bipartisanship is about 11 percent more effective than a typical member with below-average bipartisanship. This means that a bipartisan lawmaker will push a larger legislative portfolio further through the lawmaking process. This is true even after accounting for other factors that also impact effectiveness, such as whether a member is in the majority party, head of a committee or subcommittee, or more senior.

But bipartisanship is particularly helpful for certain kinds of members. First, and unsurprisingly, it matters even more for minority-party members, who cannot move their bills forward without majority-party support.

Second, women in Congress tend to be more bipartisan, and that seems to help them be more effective. Surprisingly, bipartisanship helps women even when they are in the majority. Perhaps women are more likely to recognize that neither party has a monopoly on solutions for the policy problems they care about.”

This ties in nicely with some recent posts by Nolan Rappaport who argues that the time is right for bipartisan Comprehensive Immigration Reform.

PWS

01/03/17

Will 2017 Bring Comprehensive Immigration Reform? — Rappaport Links

Immigrationcourtside.com and The Hill contributor Nolan Rappaport thinks immigration reform could happen under President Trump if conservatives abandon their “enforcement only approach,” liberals agree to a more robust enforcement at the border and the interior, and the two sides agree to “meet in the middle” for the common good.

Nolan writes:

“I am optimistic about comprehensive immigration reform this year. We have a president now who has experience making deals in the business world and I expect him to be more interested in getting an agreement than in advancing his party’s political objectives or in which side is right. That is one of the things I learned doing negotiations on the Hill. It never matters who is right. If you want a deal, you have to find out how to meet the political “needs” of both sides.

I am attaching a list of the articles I have published in case you want to post any more of them. Some of them might be useful for stimulating discussions. For the Hill articles, I think I am limited to posting titles and links.”

Here are the links to some of Nolan’s other articles in The Hill:

  1. Pre-Registration: A Proposal to Kick-Start Comprehensive Immigration Reform (Mar. 5, 2007), http://www.ilw.com/articles/2007,0314-rappaport.shtm
  2. Implementing Immigration Reform in the Age of Belt Tightening (Feb. 15, 2009); http://www.visalaw.com/wp-content/uploads/2013/06/newsletter.pdf at p. 23
  3. Catch 22 (July 12, 2010), http://www.ilw.com/articles/2010,0712-Rappaport.shtm
  4. More Ways to Move Forward on Immigration (Nov. 16, 2010),

    http://www.ilw.com/articles/2010,1116-rappaport.shtm

  5. Immigration Positions of President Barack Obama and the Republican Presidential Hopefuls (Dec. 5, 2011), http://www.ilw.com/articles/2011,1205-Rappaport.shtm
  6. Oversight Hearing on: “U.S. Immigration and Customs Enforcement: Priorities and the Rule of Law (Dec. 7, 2011), http://www.ilw.com/articles/2011,1207-Rappaport.shtm
  7. Analysis of Hearing Before the House Subcommittee on Immigration Policy and Enforcement on, “Visa Waiver Program Oversight: Risks and Benefits of the Program (Dec. 20, 2011), http://www.ilw.com/articles/2011,1220-Rappaport.shtm
  8. Analysis of the Texas Border Coalition’s Report, Without Strategy: America’s Border Security Blunders Facilitate and Empower Mexico’s Drug Cartels (Jan. 26, 2012), http://www.ilw.com/articles/2012,0126-Rappaport.shtm
  9. Analysis of a Hearing Before the House Subcommittee on Immigration Policy and Enforcement on, “Regional Perspectives on Agricultural Guest Worker Programs (Feb. 28, 2012), http://www.ilw.com/articles/2012,0228-rappaport.shtm
  10. Contentious Development of the Passenger Name Records Agreement Between the United States and The European Union (May 2, 2012), http://www.ilw.com/articles/2012,0502-rappaport.shtm
  11. Analysis Of A Hearing Before The Senate Subcommittee on Immigration, Refugees And Border Security On, “Examining the Constitutionality And Prudence Of State And Local Governments Enforcing Immigration Law” (May 17, 2012), http://www.ilw.com//articles/2012,0517-rappaport.shtm

12. Canada’s New Refugee System (July 27, 2012), http://www.ilw.com/articles/2012,0727- Rappaport.shtm

13. Threats to Our Nation’s Borders (Dec. 3, 2012), http://discuss.ilw.com/content.php?940- Article-Threats-to-Our-Nation-s-Borders-by-Nolan-Rappaport

14. Are Terrorists Exploiting Refugee Programs? (Dec. 11, 2012),

http://discuss.ilw.com/content.php?987-Article-Are-Terrorists-Exploiting-Refugee- Programs-by-Nolan-Rappaport

  1. Canada’s Seasonal Agricultural Worker Program is encouraging Mexican farm workers to go to Canada instead of to the United States. (Jan. 16, 2013), http://discuss.ilw.com/content.php?1164-Article-Canada-s-Season-Agricultural-Worker- Program-Is-Encouraging-Mexican-Farm-Workers-To-Go-To-Canada-Instead-Of-To- The-United-States-by-Nolan-Rappaport
  2. What is IRCA, and What Does It Have To Do with Comprehensive Immigration Reform? (Feb. 8, 2013), https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration- law-blog/archive/2013/02/08/what-is-irca-and-what-does-it-have-to-do-with- comprehensive-immigration-reform.aspx?Redirected=true
  3. Will House Republicans Accept the Senate Proposal for Immigration Reform? (Feb. 25, 2013), http://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law- blog/archive/2013/02/25/will-house-republicans-accept-the-senate-proposal-for- immigration-reform.aspx

18. Harvest of Shame Revisited (May 23, 2013),

http://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2013/05/2 3/nolan-rappaport-harvest-of-shame-revisited.aspx

  1. Is DHS Enforcing Our Immigration Laws? (June 17, 2013), http://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2013/06/1 7/nolan-rappaport-is-dhs-enforcing-our-immigration-laws.aspx
  2. What is SBInet? And what does it have to do with spending billions of dollars on border security? (July 25, 2013), http://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2013/07/2 5/what-is-sbinet-and-what-does-it-have-to-do-with-spending-billions-of-dollars-on- border-security.aspx
  3. DACA – Lessons Learned (March 26, 2014), http://discuss.ilw.com/content.php?2971- Article-DACA-%96-Lessons-Learned-By-Nolan-Rappaport
  4. What are other countries doing to secure their borders? (Apr. 10, 2014), http://discuss.ilw.com/content.php?3019-Article-What-are-other-countries-doing-to- secure-their-borders-By-Nolan-Rappaport
  5. In 2012, foreign workers in the United States sent remittances to their home countries totaling more than $123,273,000,000 (Apr. 22, 2014), http://discuss.ilw.com/content.php?3056-Article-In-2012-foreign-workers-in-the-United- States-sent-remittances-to-their-home-countries-totaling-more-than-123-273-000-000- By-Nolan-Rappaport%C2%A0

2

24. It is time to try a different approach to comprehensive immigration reform (May 2, 2014),

http://discuss.ilw.com/content.php?3087-Article-It-is-time-to-try-a-different-approach-to- comprehensive-immigration-reform-By-Nolan-Rappaport

  1. Meet the Challenge of Unaccompanied Alien Children at the Southwest Border: Is there a better way? (July 10, 2014), http://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2014/07/10 /nolan-rappaport-is-there-a-better-way.aspx
  2. Immigration activists are pressing President Obama to halt deportations for as many undocumented immigrants as possible. This is a “be-careful-what-you-wish-for” situation. (August 14, 2014), http://discuss.ilw.com/content.php?3423-Article- Immigration-activists-are-pressing-President-Obama-to-halt-deportations-for-as-many- undocumented-immigrants-as-possible-This-is-a-%93be-careful-what-you-wish-for%94- situation-By-Nolan-Rappaport

27. Is the Visa Waiver Program as secure as it is supposed to be? (Sep. 10, 2014),

http://discuss.ilw.com/content.php?3494-Article-Is-the-Visa-Waiver-Program-as-secure- as-it-is-supposed-to-be-By-Nolan-Rappaport

  1. Why is Australia being criticized for the way it treats asylum seekers and unaccompanied alien children? (March 20, 2015), http://discuss.ilw.com/content.php?4182-Article-Why- is-Australia-being-criticized-for-the-way-it-treats-asylum-seekers-and-unaccompanied- alien-children-By-Nolan-Rappaport
  2. What happens to people who are forced to leave their homes to escape armed conflict or persecution and are not able to leave their countries to seek refuge? (May 6, 2015), http://discuss.ilw.com/content.php?4372-Article-What-happens-to-people-who-are- forced-to-leave-their-homes-to-escape-armed-conflict-or-persecution-and-are-not-able- to-leave-their-countries-to-seek-refuge-By-Nolan-Rappaport
  3. Analysis of a hearing before the House Subcommittee on Border and Maritime Security on, “The Outer Ring of Border Security: DHS’s International Security Programs” (June 26, 2015), http://discuss.ilw.com/content.php?4611-Article-Analysis-of-a-hearing-before- the-House-Subcommittee-on-Border-and-Maritime-Security-on-The-Outer-Ring-of- Border-Security-DHSs-International-Security-Programs-By-Nolan-Rappaport

31. Analysis of Immigration Subcommittee’s Sanctuary Cities Hearing (July 28, 2015),

http://discuss.ilw.com/content.php?4767-Article-Analysis-of-Immigration- Subcommittee%92s-Sanctuary-Cities-Hearing-By-Nolan-Rappaport

32. Immigration positions of Republican presidential hopefuls, with comments (August 13, 2015), http://discuss.ilw.com/content.php?4869-Article-Immigration-positions-of- Republican-presidential-hopefuls-with-comments-By-Nolan-Rappaport

3

  1. Will electing one of the democratic presidential hopefuls move us closer to the passage of a comprehensive immigration reform bill? (September 8, 2015), http://discuss.ilw.com/content.php?4995-Article-Will-electing-one-of-the-democratic- presidential-hopefuls-move-us-closer-to-the-passage-of-a-comprehensive-immigration- reform-bill-By-Nolan-Rappaport
  2. The SBInet project produced a virtual fence only 53 miles long at a cost to the American taxpayers of one billion dollars. What can we expect from the project that replaced it, the Arizona Border Surveillance Technology Plan? (September 21, 2015), http://discuss.ilw.com/content.php?5051-Article-The-SBInet-project-produced-a-virtual- fence-only-53-miles-long-at-a-cost-to-the-American-taxpayers-of-one-billion-dollars- What-can-we-expect-from-the-project-that-replaced-it-the-Arizona-Border-Surveillance- Technology-Plan-By-Nolan-Rappaport

35. What is the United States accomplishing with its refugee program? (October 5, 2015),

http://discuss.ilw.com/content.php?5117-Article-What-is-the-United-States- accomplishing-with-its-refugee-program-By-Nolan-Rappaport

  1. Republicans raise legitimate concerns about Syrian refugees, but the bill they have passed to address those concerns would just impose additional layers of bureaucracy on the refugee background investigation process. (November 24, 2015), http://discuss.ilw.com/content.php?5422-Article-Republicans-raise-legitimate-concerns- about-Syrian-refugees-but-the-bill-they-have-passed-to-address-those-concerns-would- just-impose-additional-layers-of-bureaucracy-on-the-refugee-background-investigation- process-By-Nolan-Rappaport
  2. Analysis of the hearing before the Senate Subcommittee on Immigration and the National Interest, “Why is the Biometric Exit Tracking System Still Not in Place?” (January 25, 2016), http://discuss.ilw.com/content.php?5777-Article-Analysis-of-the-hearing-before- the-Senate-Subcommittee-on-Immigration-and-the-National-Interest-%93Why-is-the- Biometric-Exit-Tracking-System-Still-Not-in-Place-%94-By-Nolan-Rappaport
  3. Analysis of hearing before the Houses Subcommittee on Immigration and Border Security on, “Another surge of illegal immigrants along the Southwestern Border: Is this the Obama Administration’s new normal?” (February 12, 2016), http://discuss.ilw.com/content.php?5888-Article-Analysis-of-hearing-before-the-Houses- Subcommittee-on-Immigration-and-Border-Security-on-%93Another-surge-of-illegal- immigrants-along-the-Southwestern-Border-Is-this-the-Obama-Administration%92s- new-normal-%94-By-Nolan-Rappaport
  4. Has President Barack Obama sabotaged an attempt by Congress to keep terrorists from using the Visa Waiver Program to enter the United States? (February 29, 2016), http://discuss.ilw.com/content.php?5969-Article-Has-President-Barack-Obama- sabotaged-an-attempt-by-Congress-to-keep-terrorists-from-using-the-Visa-Waiver- Program-to-enter-the-United-States-By-Nolan-Rappaport

4

  1. President Obama’s use of executive discretion could have unintended consequences if Donald Trump becomes our next president, (March 7, 2016), http://www.ilw.com/articles/2016,0307-Rappaport.pdf
  2. Should deportations be restricted to deportable aliens who have criminal records? (March 17, 2016), http://www.ilw.com/articles/2016,0317-Rappaport.pdf
  3. The Political Correctness Movement has succeeded in imposing its will on the Library of Congress. (April 1, 2016), http://www.ilw.com/articles/2016,0401-Rappaport.pdf
  4. If he is elected to the presidency, Donald Trump will have statutory authority to suspend the entry of all Muslim aliens (April 20, 3016), http://www.ilw.com/articles/2016,0420- Rappaport.pdf
  5. Analysis of the April 28, 2016, hearing before the House Committee on Oversight and Government Reform on, “Criminal Aliens Released by the Department of Homeland Security.” (May 20, 2016), http://discuss.ilw.com/content.php?6449-Article-Analysis-of- the-April-28-2016-hearing-before-the-House-Committee-on-Oversight-and-Government- Reform-on-%93Criminal-Aliens-Released-by-the-Department-of-Homeland-Security- By-Nolan-Rappaport
  6. Undocumented aliens who entered the United States before 1972, and have resided here continuously since then, may be eligible for lawful status under the little-known Registry legalization program (May 31, 2016), http://www.ilw.com/articles/2016-531- Rappaport.pdf

46. What is Donald Trump really saying about immigration reform? (June 15, 2016),

http://discuss.ilw.com/content.php?6587-Article-What-is-Donald-Trump-really-saying- about-immigration-reform-By-Nolan-Rappaport

  1. Should people who want comprehensive immigration reform vote for Hillary? (July 11, 2016), http://www.ilw.com/articles/2016,0711-Rappaport%20.pdf
  2. Why did the United States put more than 70,000 Japanese American citizens into internment camps during World War II? (July 21, 2016), http://discuss.ilw.com/content.php?6774-Article-Why-did-the-United-States-put-more- than-70-000-Japanese-American-citizens-into-internment-camps-during-W

49. The refugee crisis is being blamed for the terrorist attacks in Europe (August 2, 2016),

Click to access 2016,0802-Rappaport.pdf

50. Is Australia abusing child asylum seekers? (August 15, 2016),

http://discuss.ilw.com/content.php?6907-Article-Is-Australia-abusing-child-asylum- seekers-By-Nolan-Rappaport

5

  1. Republicans will continue to reject comprehensive immigration reform bills until these problems are resolved (August 27, 2016), http://www.huffingtonpost.com/entry/republicans-will-continue-to-reject-comprehensive- immigration_us_57c1f93ee4b0b01630df6454 and http://discuss.ilw.com/content.php?7003&postid=326089#comments_326089
  2. Is Trump’s Ten-Point Immigration Plan a tale told by an idiot, full of sound and fury, signifying nothing? (August 31, 2016), http://www.huffingtonpost.com/entry/is-trumps- ten-point-immigration-plan-a-tale-told-by_us_57c5ba5fe4b004ff0420dcfc and http://discuss.ilw.com/content.php?6999-Is-Trump-s-Ten-Point-Immigration-Plan-a-tale- told-by-an-idiot-full-of-sound-and-fury-signifying-nothing-By-Nolan-Rappaport
  3. Hillary’s immigration enforcement policies could have unintended consequences. (September 5, 2016), http://www.huffingtonpost.com/entry/hillarys-immigration- enforcement-policies-could-have_us_57cc6a15e4b07addc4132fcc?mvr57k1sm2g2v5cdi and http://blogs.ilw.com/entry.php?9422-Hillary-s-immigration-enforcement-policies-could- have-unintended-consequences
  4. Hillary’s immigration policies will not lead to comprehensive immigration reform. (September 10, 2016), http://www.huffingtonpost.com/entry/57d47fbae4b0273330ac42a5?timestamp=1473566 787180 and http://blogs.ilw.com/entry.php?9435-Hillary%92s-immigration-policies-will- not-lead-to-comprehensive-immigration-reform-By
  5. Asylum claims of unaccompanied alien children contribute to backlog crisis in our immigration courts. (September 16, 2016), http://www.huffingtonpost.com/entry/57daaf27e4b0d5920b5b25f0?timestamp=14779558 39975

56. Deportation Without Due Process? (September 20, 2016),

http://www.huffingtonpost.com/entry/deportation-without-due- process_us_57e01aebe4b053b1ccf2a109?timestamp=1474391017164 and http://blogs.ilw.com/entry.php?9452-Deportation-Without-Due-Process

57. Does anyone really know how many undocumented aliens there are? (Sep. 25, 2016),

http://www.huffingtonpost.com/entry/57e41782e4b09f67131e3e7c?timestamp=1474689 173130 and
http://blogs.ilw.com/entry.php?9462-Does-anyone-really-know-how-many- undocumented-aliens-there-are

58. Will Muslim Americans be put in internment camps if more 9/11 attacks occur? (October 1, 2016),

http://www.huffingtonpost.com/entry/57ec0d3be4b0972364deaa05?timestamp=1477955 720792

6

59. The door is wide open for terrorists to use the Visa Waiver Program to come to the U.S. (October 5, 2016), http://www.huffingtonpost.com/entry/57f4275fe4b0ab1116a54b52?timestamp=14756431 12224 and http://blogs.ilw.com/entry.php?9483-The-door-is-wide-open-for-terrorists-to-use-the- Visa-Waiver-Program-to-come-to-the-U-S-by-Nolan-Rappaport&bt=47219

60. What do we know about Syrian refugees? (October 12, 2016),

http://www.huffingtonpost.com/entry/57fbd438e4b0b665ad81873a?timestamp=1476313 713660 and http://blogs.ilw.com/entry.php?9493-What-do-we-know-about-Syrian-refugees-by- Nolan-Rappaport

  1. Schumer is wrong; if Hillary Clinton is elected, immigration reform will be impossible. (October 18, 2016), http://www.huffingtonpost.com/entry/5806bc57e4b021af347763dc?timestamp=1476852 640318 and http://blogs.ilw.com/entry.php?9503-Shumer-is-wrong-if-Hillary-Clinton-is-elected- immigration-reform-will-be-impossible-by-Nolan-Rappaport
  2. We aren’t doing enough to help Syrian refugees, but how much more can we do? (October 24, 2016), http://www.huffingtonpost.com/entry/580bf50ae4b0b1bd89fdb3c6?timestamp=14774237 45093 and http://blogs.ilw.com/entry.php?9509-We-aren%92t-doing-enough-to-help-Syrian- refugees-but-how-much-more-can-we-do-by-Nolan-Rappaport&bt=47494
  3. Aliens entering the US as visitors and never leaving has become more of a problem than illegal entries across the Mexican border. (October 31, 2016), http://www.huffingtonpost.com/entry/5816286ae4b096e870696739?timestamp=1477954 741569 and http://blogs.ilw.com/entry.php?9523-Half-a-million-aliens-a-year-enter-as-visitors-and- never-leave-and-neither-candidate-has-a-solution-to-that-problem

64. President Elect Donald Trump will not be able to deport millions of people. (November 10, 2016),

http://www.huffingtonpost.com/entry/5824c8c5e4b0bb5f0af37f01?timestamp=14789653 34261 and http://blogs.ilw.com/entry.php?9546-President-Elect-Donald-Trump-will-not-be-able-to- deport-millions-of-people-By-Nolan-Rappaport

65. Will the filibuster save the Democrats from an onslaught of Republican legislation? (November 15, 2016), http://www.huffingtonpost.com/entry/5829f30de4b02b1f5257a6c3?timestamp=14792725 86100 and

7

http://blogs.ilw.com/entry.php?9554-Will-the-filibuster-save-the-Democrats-from-an- onslaught-of-Republican-legislation-By-Nolan-Rappaport

  1. Note to President Elect Trump, “Find out why the SBInet project failed before you build your wall.” (November 20, 2016), http://www.huffingtonpost.com/entry/5831c0bae4b0d28e552150b0?timestamp=1479709 085554 and http://blogs.ilw.com/entry.php?9563-Note-to-President-Elect-Trump-%93Find-out-why- the-SBInet-project-failed-before-you-build-your-wall-%94
  2. The key to successful immigration enforcement may be to let the Labor Department handle it. (November 23, 2016), http://www.huffingtonpost.com/entry/5835b67ce4b050dfe61878d7?timestamp=1479968 984594 and http://blogs.ilw.com/entry.php?9568-The-key-to-successful-immigration-enforcement- may-be-to-let-the-Labor-Department-handle-it
  3. Will Trump be able to use information from DACA applications in removal proceedings? (November 28, 2016), http://www.huffingtonpost.com/entry/58390e6ee4b050dfe6187bec?timestamp=14801946 80041 and http://discuss.ilw.com/content.php?7407-Article-Will-Trump-Be-Able-To-Use- Information-From-DACA-Applications-In-Removal-Proceedings-By-Nolan-Rappaport
  4. What immigration enforcement measures is the Senate planning to legislate in 2017? (December 3, 2016), http://www.huffingtonpost.com/entry/583e56bee4b08347769c0540?timestamp=1480997 855952 and

    http://blogs.ilw.com/entry.php?9582- What%20immigration%20enforcement%20measures%20is%20the%20Senate%20planni ng%20to%20legislate%20in%202017?%20By%20Nolan%20Rappaport

70. To control immigration, Trump needs to think outside the wall (December 12, 2016),

http://thehill.com/blogs/pundits-blog/immigration/310078-to-control-immigration- trump-needs-to-think-outside-the-wall

  1. Give DREAMers a break, hardliners a bone with GOP immigration bill (December 20, 2016), http://thehill.com/blogs/pundits-blog/immigration/311243-gop-immigration-bill- gives-dreamers-a-break-hardliners-a-bone
  2. With Obama’s immigration legacy, Trump inherits ‘home free magnet’ (December 28, 2016), http://thehill.com/blogs/pundits-blog/immigration/311994-thanks-to-obamas- immigration-legacy-trump-inherits-our-home#bottom-story-socials

PWS

01/02/17

Sluggish Badgers Hold Off Western Michigan to Win the Cotton Bowl!

The favored Wisconsin Badgers did just enough to hand the outmanned but game Western Michigan Broncos their first defeat of the season, 24-16 at the Cotton Bowl in Dallas. The lackluster performance gave the Badgers an 11-3 mark for the season, while the Mid America Conference Champion Broncos, who entered the game as the only undefeated “BCS” team besides Alabama, dropped to 13-1.

The Badgers came out in the first quarter looking like they were going to do what a bigger, stronger, more athletic team should do when faced with a highly motivated yet less-talented opponent — ram the ball right down their collective throats and end the game early. Behind senior quarterback Bart Houston and an initially punishing running game led by senior running back Corey Clement and the outsized offensive line, the Badgers put together touchdown marches of 75 and 88 yards to lead 14-0. It looked like a laugher.

But, thereafter, the Badgers allowed the smaller, less-talented Broncos to push them all over the field, on offense and defense, outscoring Bucky 16-10, to make a game out of it. After Houston ably led the first two drives, completing all of his passes, Badger Coach Paul Chryst did what he often has done this season – switched to freshman quarterback Alex Hornibrook. The results were immediate – on a third and long Hornibrook lobbed a long, but not crisp, pass that forced receiver George Rushing to come back on the ball, failing to pick up a first down needed to keep the drive going. Wisconsin punted.

Reminiscent of the Penn State debacle, which cost the Badgers a shot at the Rose Bowl, the offense then largely went dormant. Indeed, the only other Badger touchdown was set up by a defensive interception by sophomore inside linebacker T.J. Edwards, who ironically had initially committed to play for the Broncos.

The Badgers also benefitted from several questionable decisions by Broncos Head Coach P.J. Fleck. First, Fleck apparently decided not to have his coaching staff study Wisconsin game film. The Wisconsin field goal was set up by a 51- yard wide receiver sweep by Jazz Peavy – a carbon copy of one that Wisconsin had run successfully in many games this season, until opposing coaches finally caught on. The Broncos also helped the Badgers by continuing to “grind out” yards and occupy clock, even well into the fourth quarter when down by two scores, rather than speeding up the offense and forcing the ball downfield.

The undisputed star for the Badgers was junior tight end Troy Fumagalli, who caught six balls, at least two of them spectacular, for 83 yards and a touchdown. On the other hand, the supposedly “shut down” Wisconsin defense, failed to mount a consistent pass rush against the Broncos smaller offensive line, managed not to corral several Bronco fumbles that were right in front of them, and the Badger defensive backs more or less stood and watched while Bronco quarterback Zach Terrell lobbed a desperation “ripe banana” pass to Corey Davis in the end zone with 3:27 left in the fourth quarter to bring the Broncos within eight. Thereafter the Badgers were able to recover the onside kick and run out the clock to avoid embarrassment and preserve the less than inspiring victory.

The Badger football season is over. On to basketball, where the #14 UW Men (12-2, 1-0, BT) take on the #16 Indiana Hoosiers in Bloomington tomorrow night.

Modest suggestion for Coach Chryst:  Next season, if you want to give your “future stars” some real-time game experience, why not use your superior size and talent to put games like this “out of reach” early before bringing in the next set of “Hornibrooks?”  Houston wasn’t going to compete for the Heisman Trophy, but he was a competent senior quarterback who provided some offensive consistency and was more mobile with a better arm than Hornibrook. The bizarre move to Hornibrook early in the Cotton Bowl let a reeling, discombobulated, and totally outmatched WMU team back into the game.  Bad move!  It also made the game tedious for the fans, as WMU lacked the talent to win while Wisconsin lacked the “oomph” to put the game away.

PWS

01/02/17

 

 

 

The U.S. Immigration Court’s Vision Is All About Best Practices, Guaranteeing Fairness, And Due Process — 7th Circuit’s Judge Posner Thinks It’s A “Farce” — Blames Congressional Underfunding!

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2016/12/31/let-39-s-close-out-2016-with-a-posner-dissent-chavarria-reyes-v-lynch.aspx?Redirected=true

“POSNER, Circuit Judge, dissenting. This case involves a typical botch by an immigration judge. No surprise: the Im‐ migration Court, though lodged in the Justice Department, is the least competent federal agency, though in fairness it may well owe its dismal status to its severe underfunding by Congress, which has resulted in a shortage of immigration judges that has subjected them to crushing workloads. See, e.g., Julia Preston, “Deluged Immigration Courts, Where Cases Stall for Years, Begin to Buckle,” NY Times, Dec. 1, 2016, www.nytimes.com/2016/12/01/us/deluged‐immigratio n‐courts‐where‐cases‐stall‐for‐years‐begin‐to‐buckle.html?_r =0 (visited Dec. 30, 2016).”

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Go on over to Dan Kowalski on LexisNexis Immigration Community and read the full opinion and Judge P’s full dissent in Chavarria-Reyes v. Lynch.

Also, read Julia Preston’s article in the NY Times, cited by Judge Posner, quoting (and picturing) me here:

http://www.nytimes.com/2016/12/01/us/deluged-immigration-courts-where-cases-stall-for-years-begin-to-buckle.html

PWS

01/02/17

In Foreign Policy, We Should Think “Marshall” (As In Gen. George C.) Not “Martial” — Dropping Bombs Unlikely To Secure World Peace Or Insure American Security

http://www.nytimes.com/2017/01/02/opinion/marshall-plans-not-martial-plans.html?smprod=nytcore-iphone&smid=nytcore-iphone-share

Senator Chris Murphy (D-CT) writes in a NY Times op-ed:

“Even after Iraq, American foreign policy and military elites still cling to the notion that military intervention can bring political stability, somehow, to the Middle East. This is a fallacy.

Restraint in the face of evil is hard stuff, but hubris in the face of evil is worse. The United States never should have taken sides in the Syrian civil war. If we had shown restraint from the outset, more people would be alive today.

The real question is how to stop societies from descending into civil war in the first place. This is the most important foreign policy question facing the next Congress. The response must start with a recognition that a foreign policy built on brute military strength alone holds few answers for societies caught in a downward spiral.”

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In October 2016, Dr. Franziska Hötte, a Federal Judge from Germany, and I were invited to be panelists at the German Law in Context Series sponsored by Washington and Lee University Law School in Lexington, Virginia.   During the event, our wonderful law student guide took us on a walking our which included a stop at the General George C. Museum on the adjacent campus of Virginia Military Institute.

Not only was Marshall a five-star General who, as Chief of Staff of the United States Army, led the Allied Forces to victory in World War II, he also served as Secretary of State and Secretary of Defense during the Truman Administration. Indeed he was the last, and only, military officer to receive a waiver of the “civilian leadership only protocol” to enable him to serve as Secretary of Defense.    (As we know, President Elect Trump’s nominee for Secretary of Defense, Marine General James S. Mattis, will need such a waiver to serve).

But, General Marshall’s most impressive achievements came in peacetime, where he conceptualized, organized, and sold the “Marshall Plan” for reconstructing Europe to a somewhat skeptical Congress and American public. His vision lead directly to the emergence of modern Europe as a strong economic force, and to a bulwark of alliances among Western Democracies against the further spread of Soviet Communism during the Cold War period. General Marshall was Time Magazine’s “Man of the Year” in 1943, and received the 1953 Nobel Peace Prize for the Marshall Plan.

Interestingly, Marshall was a somewhat mediocre student at VMI, excelling mostly at football, horsemanship, and, not surprisingly, leadership.

General Marshall was an amazing combination of warrior, statesman, diplomat, visionary, and persuader. I find it difficult to envision anyone today with the skill set and credibility to sell such a large peacetime investment by the United States in rebuilding the economies and infrastructures of former foreign enemies. Indeed, these days the proposition of rebuilding our own crumbling infrastructure sometimes seems like a challenging “sell.”

Below is a picture of Judge Hötte (left) with our student guide taken on the VMI Parade Ground.    I highly recommend the Marshall Museum, which can be “done” in several hours.

PWS

01/02/17

 

Good To His Word, “The Leader Of the Pack” Takes Them Into The Playoffs — AR’s 4 TD Passes Tame Lions!

In mid-October, the Green Bay Packers were 4-6, wallowing in the throes of a four game losing streak. In Green Bay, where the home-town Packers aren’t everything, just the only thing, the conspiracy theories abounded — Aaron Rodgers was “over the hill,” he was preoccupied with girlfriend Olivia Munn, Vladimir Putin was hacking the signals and relaying them to the opposition.

But, AR remained cool. Acknowledging that he hadn’t played up to par, he predicted that the Pack would “run the table” — win their remaining six games — and make the playoffs. Many observers were skeptical.

Tonight, AR silenced the skeptics. Overcoming hamstring and calf injuries, the lack of a consistent running game, and an unreliable defense suffering from numerous key injuries, Rodgers threw four touchdown passes (giving him 40 for the season) in leading the Packers to a 31-24 road victory over the Detroit Lions that clinched the NFC North title. AR eluded rushers who seemed to have him in their grasp, ridiculously extended plays, and made several key runs .

Kudos to the Pack’s under-appreciated offensive line, which provided outstanding protection while controlling the line of scrimmage. Additionally, the defense, under beleaguered coordinator Dom Capers, made key stops and generally contained the Lions’ high-octane passing attack led by quarterback Matthew Stafford.

The Pack’s victory earned them a home playoff date against the NY Giants at Lambeau Field next Sunday. But, beware Packer fans: The last two times these teams met at Lambeau in the postseason, quarterback Eli Manning led the Giants to impressive wins.

Meanwhile, all was not lost for the Lions. They journey to Seattle to take on the Seahawks in the first round of the playoffs next Saturday.

PWS

01/01/17

Chief Gives Year-End Shout-Out To Retail Level Jurists!

https://www.washingtonpost.com/politics/courts_law/roberts-steers-clear-of-controversy-praises-district-judges-in-year-end-report/2016/12/31/445fc61a-cf8c-11e6-a747-d03044780a02_story.html?utm_term=.b76ef6d5bf24

“There already are 84 vacancies at the district level Roberts was writing about, with about another dozen openings expected early in the year.

There are 673 district judgeships authored by Congress around the nation, and Roberts said they are aided by more than 500 senior district judges, who are eligible for retirement with full pay but still continue to work part time.

“Unlike politicians, they work largely outside of the public eye,” Roberts wrote. The typical judge has a docket of about 500 cases, he said, and is responsible for all aspects of moving a lawsuit toward resolution.

“The judge must have mastery of the complex rules of procedure and evidence and be able to apply those rules to the nuances of a unique controversy,” he wrote. “As the singular authority on the bench, he must respond to every detail of an unscripted proceeding, tempering firm and decisive judgment with objectivity, insight, and compassion. This is no job for impulsive, timid, or inattentive souls.”

The most challenging part of the job is sentencing those found guilty of a criminal offense, Roberts wrote, balancing the perspectives of prosecutor, defendant and victim and guided by legislative directive and sentencing guidelines.”

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Wow!  500 case dockets!  The “average” U.S. Immigration Judge handles a docket approaching 2,000 cases, almost four times the average for a U.S. District Judge.  At the time I retired from the U.S. Immigration Court at Arlington, VA on June 30, 2016, the two of us assigned to so-called “non-priority dockets” (everything except detained, juveniles, and recently arrived “adults with children”) each had more than 5,000 assigned cases — ten times more than a U.S. District Judge!

Notably, notwithstanding “docket chaos” which has sent the backlog of pending cases soaring to more than  one-half million, the Department of Justice and the Executive Office for Immigration Review, which administer the Immigration Courts, have failed to establish a “Senior Judge” program like that which assists U.S. District Judges.  Moreover, they have never implemented a Congressionally-enacted program for “phased retirement” and mentoring by Immigration Judges (or anyone else, for that matter).  Consequently, the literally centuries of judicial experience and expertise that retiring “baby boomer” judges have gained is completely lost to the over-strapped Immigration Court System.

And, it’s not that the role of a U.S. Immigration Judge is noticeably less significant than that of a U.S. District Judge.  Chief Justice Roberts describes the difficulties of sentencing, which is certainly quite similar to, and no less gut-wrenching, than the decisions about people’s lives, future, and freedom that Immigration Judges make on a daily basis.

For a wonderful recent description of what the daily life of a U.S. Immigration Judge is like, go over to USA Today and read this first-hand account by Hon. Thomas G. Snow, my former colleague at the Arlington Immigration Court.  Judge Snow is widely respected and admired as “one of the best.”  Here’s the link:

http://www.usatoday.com/story/opinion/2016/12/12/immigration-judge-gut-wrenching-decisions-column/95308118/

Happy New Year 2017,

PWS

01/01/17