LL.M. / Please refer to full text to view abstract

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Gendered violence-based immigration laws and nonprofit organizations helping in their implementation have been considered crucial tools in providing access to citizenship for battered immigrants. Despite the progressive character of such institutions, barriers that filter immigrants as worthy to become legitimate members of the United States or as illegitimate subjects remain in place. I explore this paradox based on an in-depth case study of OLA, a nonprofit organization in Texas that provided legal services free of charge to immigrants who not only had been victims of violence, but also were economically impaired to afford the costs related to the application process. My dissertation shows how systems of class, racial/ethnic and gender inequality are formally reflected in the options available for them through the Violence Against Women Act (VAWA) and the Victims of Trafficking and Violence Protection Act (VTVPA), informally reproduced by immigrants' advocates in their daily work practices, and inadvertently reinforced by immigrant applicants. Immigration laws are a major component of the gates that the state creates to reaffirm its sovereignty since these regulate which individuals are welcomed to form part of its population. Legal nonprofits organizations, such as OLA, function as nongovernmental bureaucracies that mediate between the immigrants in quest of legal status, and the state granting legality. In assisting in the implementation of immigration laws, nonprofits inadvertently contribute to the procreation of the citizenship ideals and disciplines beneath state laws. In such manner, they become brokers of mainstream social norms, and reinforce the selective structure of and gated access to American society. Battered immigrants attempting to pass through the formal and informal gates to legality have to balance their obedient and dissident acts in order to satisfy the expectations of those who may grant them access, that is, both nonprofit staff and immigration officers. The interactions between immigrants, nonprofit workers, and the state reveal the intricate ways in which the stratified and stratifying quality of society is (intentionally and unintentionally) recreated on a daily basis.

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Thesis (LL. M.)--Judge Advocate General's School, United States Army, 1990. / "April 1990." Typescript. Includes bibliographical references (leaves 75-181). Also issued in microfiche.

Thesis (Ph. D.)--Columbia University, 1927. / Vita. Without thesis note. Bibliography: p. 355-371.

Thesis (M.A.)--West Virginia University, 2007. / Title from document title page. Document formatted into pages; contains iii, 77 p. Includes abstract. Includes bibliographical references (p. 74-77).

Neither practitioners nor academics in the field of public administration have agreed upon a satisfactory definition of administrative law. To help explain this present-day confusion, conceptual history of administrative law is presented. This history, which stresses how administrative law has been perceived, is divided into three major periods: 1893-1913, 1933-1946, and 1946 to the present. The definition is found to have began as the tripartite view of delegation of legislative authority, exercise of legislative authority, and judicial review, which later changed to a concern for the discretionary component of administrative law; the present-day definition includes substantive law. Because the New Deal era was critical in codifying administrative law and in setting the stage for the changes which followed, the New Deal and post New Deal years are examined closely. The work of Robert Jackson, who served as Solicitor General and then Attorney General under President Franklin Roosevelt, and then as Associate Justice of the Supreme Court from 1941 to his death in 1954, is used as the focal point for the examination. Jackson's work as government attorney had considerable impact on the field of administrative law, especially in his influence on the veto of the Walter Logan bill and the Attorney General's Committee on Administrative Procedure. His work as a Justice had less impact; most of his notable opinions are in dissent and have yet to be affirmed by the Court. The dissertation concludes with a discussion of Jackson's views of administrative law, the necessary components to a definition of administrative law, and the importance of accepting such components for methods of teaching public administration. / Ph. D.

This thesis explores various approaches to constitutional interpretation, paying particular attention to the literalist approach to reading the Constitution set forth by W.W. Crosskey in Politics and the Constitution. Crosskey’s approach is compared to and contrasted with John Rohr’s intentionalist approach to reading the Constitution and the approach of judicial activism. Drawing from literary theory, this thesis outlines Stanley Fish and Robert Scholes’ approaches to reading. Fish, like judicial activists, subordinates the text to the reader. Scholes, like Crosskey, argument for textual primacy. These literary critics mirror the debate in constitutional scholarship over where meaning lies: with the text or with the reader. The debate over interpreting the Constitution adds to the tradition in public administration of normatively grounding the discipline in the Constitution. If this attempt at finding a normative grounding for public administration is to be successful, it must consider issues of interpretation. / Master of Public Administration