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Bijal Shah
Biography:
Bijal Shah is an associate professor of law at the Arizona State University, Sandra Day O'Connor College of Law. She will be visiting at the UC Berkeley School of Law in Spring 2022.
Professor 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). She is also developing critical theories in these areas of law. Her work appears in publications including the Harvard Law Review, Stanford Law Review, Yale Journal on Regulation, and the Minnesota Law Review, among others. In addition, Professor Shah is the chair of the Association of American Law Schools (AALS) Section on Legislation & Law of the Political Process.
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:
A Critical Theory of the Political Separation of Powers (in progress)
Statute-Focused Presidential Administration, George Washington Law Review (forthcoming) (invited contribution to the Annual Review of Administrative Law)
The President's Fourth Branch, Fordham Law Review (forthcoming) (invited symposium on The Past, Present, and Future
of the Unitary Executive)
Deploying the Internal Separation of Powers Against Racial Tyranny, Northwestern Law Review Online (forthcoming) (invited symposium on Racial Subordination and Structural Marginalization)
Judicial Administration, UC Irvine Law Review (forthcoming)
Executive (Agency) Administration, 72 Stanford Law Review 641 (2020)
Congress's Agency Coordination, 103 Minnesota Law Review 1961 (2019)
Civil Servant Alarm, 94 Chicago-Kent Law Review 101 (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 101 (2017)
The Attorney General's Disruptive Immigration Power, 102 Iowa Law Review 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:
Expanding Presidential Influence on Agency Adjudication, The Regulatory Review / Penn Law (July 2021) (invited symposium)
A Definitive Work on Temporary Political Leadership, JOTWELL (July 2021)
Racism in Administrative Law, Administrative Law Review / A Hard Look (Dec. 2020) (invited podcast)
Investigating a Unitary Executive Model of Immigration, Balkinization (Dec. 2020) (invited symposium on Professors Adam Cox and Cristina Rodríguez's book, "The President and Immigration Law")
Could Pipeline and Non-Residential Fellowships Increase the Diversity of the Academy?, PrawfsBlawg (Sept. 2020) (with Matthew B. Lawrence)
Toward a Critical Theory of Administrative Law, Yale Journal on Regulation, Notice & Comment (July 2020); adapted for the American Bar Association, Administrative and Regulatory Law News (Summer 2020)
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 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)
| Spring 2022 | |
|---|---|
| Course Number | Course Title |
| LAW 735 | Teaching Assistant |
| LAW 781 | Independent Study |
| Fall 2021 | |
|---|---|
| Course Number | Course Title |
| LAW 609 | Administrative Law |
| LAW 791 | Seminar |
| Spring 2021 | |
|---|---|
| Course Number | Course Title |
| LAW 735 | Teaching Assistant |
| LAW 781 | Independent Study |
| Fall 2020 | |
|---|---|
| Course Number | Course Title |
| LAW 609 | Administrative Law |
| Spring 2020 | |
|---|---|
| Course Number | Course Title |
| LAW 609 | Administrative Law |
| LAW 735 | Teaching Assistant |
| LAW 781 | Independent Study |
| LAW 791 | Seminar |
| Fall 2019 | |
|---|---|
| Course Number | Course Title |
| LAW 609 | Administrative Law |
| Spring 2019 | |
|---|---|
| Course Number | Course Title |
| LAW 516 | Criminal Law |
| LAW 609 | Administrative Law |
| LAW 735 | Teaching Assistant |
| LAW 781 | Independent Study |
| Spring 2018 | |
|---|---|
| Course Number | Course Title |
| LAW 516 | Criminal Law |
| LAW 735 | Teaching Assistant |
| LAW 781 | Independent Study |
| LAW 791 | Seminar |
| Fall 2017 | |
|---|---|
| Course Number | Course Title |
| LAW 609 | Administrative Law |
| LAW 781 | Independent Study |
Presentations:
Note to students: LAW 600 "Research Methods" is the Administrative Law course.