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Bijal Shah

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Associate Professor of Law
Faculty, DTPHX Campus, Mailcode 9520
Biography

Bijal Shah's research lies at the intersection of administrative law and structural constitutionalism, and is grounded in the specifics of agency dynamics (particularly in matters of immigration and interagency coordination).  Her work appears in publications including the Harvard Law Review, Yale Journal on Regulation, Minnesota Law Review, Columbia Human Rights Law Review, and the New York University (NYU) Law Review Online, among others.  Her most recent paper, forthcoming in the Stanford Law Review, illustrates how executive agencies defend their turf and thereby wield control over the administrative state by litigating against independent agencies.  Professor Shah is also a co-managing editor of the Administrative & Regulatory Law News, published quarterly by the American Bar Association.       

Prior to joining the Sandra Day O' Connor College of Law, Professor Shah was an acting assistant professor at the NYU School of Law.  Before entering the academy, Professor Shah was Associate General Counsel for the Department of Justice / Executive Office for Immigration Review.  In this position, she wrote immigration regulations, legislation and national policies on behalf of the General Counsel, White House and Congress.  Earlier in her career, Professor Shah served as a Presidential Management Fellow in the Department of Homeland Security / U.S. Citizenship and Immigration Services, and served details in the Department of Justice, Homeland Security headquarters and the State Department.

Professor Shah is a graduate of the Yale Law School, where she was a senior editor on the Yale Law Journal and a Yale University Kirby Human Rights Fellow.  Professor Shah is also a graduate of the Harvard University, Kennedy School of Government.  Immediately after completing her law and graduate studies, Professor Shah was a Harvard University Sinclair Kennedy Fellow, during which time she worked with the Ministry of Finance and Economic Development in Mauritius.  Before entering law school, Professor Shah was an investment banker at UBS PaineWebber.

Education
  • J.D. Yale Law School
  • M.P.A. Harvard University, Kennedy School of Government
  • B.A. Brandeis University
Publications

LAW REVIEW PUBLICATIONS:

Executive Administration, 72 Stanford Law Review (forthcoming)

Congress's Agency Coordination, 103 Minnesota Law Review 1961 (2019)

Civil Servant Alarm, 94 Chicago-Kent Law Review 101 (forthcoming 2019) (invited response to Professor Jennifer Nou)

Interagency Transfers of Adjudication Authority, 34 Yale Journal on Regulation 279 (2017)

Toward an Intra-Agency Separation of Powers, 92 NYU Law Review Online 101 (2017)

The Attorney General's Disruptive Immigration Power, 102 Iowa Law Review Online 129 (2017) (invited response to Attorney General Alberto Gonzales)

Uncovering Coordinated Interagency Adjudication, 128 Harvard Law Review 805 (2015)

LGBT Identity in Immigration, 45 Columbia Human Rights Law Review 100 (2013)

Gay American Deviance, 26 Wisconsin International Law Journal 1 (2008) 

Blood, Land, and Sex: Legal Pluralism in Eritrea, 7 Yale Human Rights & Development Law Journal 192 (2004) (book review)

 

SHORT PIECES:

Presidential Administration via Litigation, Yale Journal on Regulation, Notice & Comment (June 2019)

Putting Public Administration Back into Administrative Law, JOTWELL (June 2018)

Reliance Interests & the DACA Rescission, American Constitution Society (Apr. 2018)

Encouraging Legislative Expertise-Forcing, Take Care (Aug. 2017) (invited symposium on Professor Josh Chafetz’s new book, "Congress's Constitution: Legislative Authority and the Separation of Powers") 

Arizona's Problems with Immigration Federalism, Take Care (Aug. 2017)

Domestic Adherence to the Gender Binary, Take Care (July 2017)

Vagueness in 'Aggravated Felony,' Take Care (June 2017)

"Passing the Buck" in Agency Adjudication, Yale Journal on Regulation, Notice & Comment (June 2017)

Limiting Citizenship Inequality, Take Care (June 2017)

Agency Power in Immigration, Yale Journal on Regulation, Notice & Comment (Feb. 2016) 

Brand X Developments in the Ninth Circuit and Beyond, 3 Immigration Law Advisor 7 (Sept. 2009) (professional publication)

Fall 2019
Course NumberCourse Title
LAW 609Administrative Law
Spring 2019
Course NumberCourse Title
LAW 516Criminal Law
LAW 609Administrative Law
LAW 735Teaching Assistant
LAW 781Independent Study
Spring 2018
Course NumberCourse Title
LAW 516Criminal Law
LAW 735Teaching Assistant
LAW 781Independent Study
LAW 791Seminar
Fall 2017
Course NumberCourse Title
LAW 609Administrative Law
LAW 781Independent Study
Fall 2016
Course NumberCourse Title
LAW 600Research Methods
Presentations

Note to students:  LAW 600 "Research Methods" is the Administrative Law course.