David S. Rubenstein Publications, Presentations, and Other Activity
Articles in Law Reviews
“The Paradox of Administrative Preemption,” __ Harvard Journal of Law and Public Policy ___ (forthcoming).
"Delegating Supremacy?," 65 Vanderbilt Law Review 1125 (2012).
"'Relative Checks': Towards Optimal Control of Administrative Power," 51 William & Mary Law Review 2169 (2010).
"Restoring the Quid Pro Quo of Voluntary Departure," 44 Harvard Journal on Legislation 1 (2007).
"Putting the Immigration Rule of Lenity In Its Proper Place: A Tool of Last Resort After Chevron," 59 Administrative Law Review 479 (2007).
"Metadata: What You Can't See May Hurt You," 81:9 Journal of the Kansas Bar Association 14 (October 2012).
"Unraveling the Negotiator's Ethical Paradox," 80 Journal of the Kansas Bar Association 9 (March 2011).
"Kiyemba v. Obama: Can a Federal Judge Order the Release of Non-military Guantanamo Detainees into the United States?," Preview of United States Supreme Court Cases (March 22, 2010).
"The Paradox of Administrative Preemption," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013.
"Immigration Structuralism: A Return to Form", The Duke Journal of Constitutional Law and Public Policy Symposium, Duke University School of Law, Durham, North Carolina, January 11, 2013.
"Ethics in Negotiation," Annual Judge Advocates General Conference, Topeka, Kansas, October 7, 2012.
"Consitutional Issues in Immigration," Consitutional Controversies in the 2012 Elections Series, Lawrence Jewish Community Center, Lawrence, Kansas, September 12, 2012.
"The Subfederal Immigration Revolution," Topeka Bar Association, Topeka, Kansas, February 3, 2012.
"Breaching Borders: Arizona's Encroachment Into the Federal Immigration Domain?," American Constitution Society for Law and Public Policy (Washburn Law Chapter) Topeka, Kansas, November 10, 2010.
"The Negotiating Lawyer's Ethical Paradox", KBA CLE, Topeka, Kansas, November 5, 2010.
Conference commentator, "The Legal Ethics of Lawyers in Government," Hempstead, New York, October 2009.
"Relative-Checks," Hofstra Junior-Faculty Workshop, Hempstead, New York, October 2009.
"Relative-Checks," New York City Bar Association Administrative Law Section, New York, New York, October 2009.
"Justice Sotomayor: The Person and Jurist," New York Court of Appeals Program honoring Justice Sonia Sotomayor, Hempstead, New York, September 2009.
Presenter, "Relative Checks" as applied to the problem of "Judicial Control of Alien Favorable Policy?" and Commentator/Moderator, work-in-progress "incubator" session, Emerging Immigration Scholars Workshop, Hempstead, New York, July 2009.
"How a Brief Becomes Law: An Insiders View," King & Spalding's Litigation Group, New York, New York, July 2008.
"A 'Deference' Guide for Immigration Judges," presented to New York Immigration Judges, New York, New York, April 2006.
Symposium Planner and Host, Breaching Borders: State Encroachment into the Federal Immigration Domain?, Washburn University School of Law, Topeka, Kansas, October 20-21, 2011.