Philip G. Schrag
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About Philip G. Schrag
Philip G. Schrag, the Delaney Family Professor of Public Interest Law at Georgetown University Law Center, teaches Civil Procedure and directs the Center for Applied Legal Studies, in which students represent refugees from persecution who are seeking asylum in the United States. Before joining the Law Center faculty in 1981, he was assistant counsel to the NAACP Legal Defense Educational Fund, the Consumer Advocate of the City of New York, a professor at Columbia University Law School, and Deputy General Counsel of the U.S. Arms Control and Disarmament Agency, from which he received a Meritorious Honor Award in 1981. Professor Schrag has also had a distinguished and varied career in civic service, which has included positions as a delegate to the District of Columbia Statehood Constitutional Convention in 1982, an editor and consultant on consumer protection during the Carter-Mondale transition, a consultant to the New York State Consumer Protection Board, a consultant to the Governor's Advisory Council of Puerto Rico, an advisor to the Committee of Chinese Legal Educators, and an Academic Specialist for the United States Information Agency in the Czech Republic and Hungary. In addition, he drafted New York City's Consumer Protection Act of 1969. He has written or co-authored fourteen books and dozens of articles on consumer law, nuclear arms control, legal ethics, political asylum, and various other topics for both law journals and popular publications. In 2008, he received the Association of American Law Schools' Deborah L. Rhode award for advancing public service opportunities in law schools through scholarship, service and leadership, the Lexis/Nexis' Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law, and the Outstanding Law Faculty Award from Equal Justice Works.
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Books By Philip G. Schrag
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An indispensable tool for students taking courses in professional responsibility, this book contains only the essential resources: the ABA Model Rules of Professional Conduct and the official comments; a selection of the most distinctive state variations; and more than 130 original practice questions, in the format used in the Multistate Professional Responsibility Examination (MPRE), along with answers and detailed analyses.
Professors and students will benefit from:
- The ABA Rules of Professional Conduct and the official comments, as issued through August 2022.
- A carefully selected compilation of variations found in state ethics codes. Each variation was chosen to demonstrate a policy choice made by a state that departed from the ABA’s suggested model. The purpose is to enable students to compare certain state rules with the Model Rules and to better understand the policy choices reflected in the ABA Model Rules.
- More than 130 original practice questions, organized into 14 chapters, in the multiple-choice format used by the MPRE, which permits students to test their understanding of each topic studied in the course.
- Detailed narrative analyses of the answer to each question, explaining why one choice is correct, and why each incorrect answer is not correct.
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In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system, showing how the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers and what we can do about it.
For decades, advocates for refugee children and families have fought to end the U.S. government’s practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum. Baby Jails is the history of that legal and political struggle. Philip G. Schrag, the director of Georgetown University’s asylum law clinic, takes readers through thirty years of conflict over which refugee advocates resisted the detention of migrant children. The saga began during the Reagan administration when 15-year-old Jenny Lisette Flores languished in a Los Angeles motel that the government had turned into a makeshift jail by draining the swimming pool, barring the windows, and surrounding the building with barbed wire. What became known as the Flores Settlement Agreement was still at issue years later, when the Trump administration resorted to the forced separation of families after the courts would not allow long-term jailing of the children. Schrag provides recommendations for the reform of a system that has brought anguish and trauma to thousands of parents and children. Provocative and timely, Baby Jails exposes the ongoing struggle between the U.S. government and immigrant advocates over the duration and conditions of confinement of children who seek safety in America.
Graham Allison's book Essence of Decision changed the way in which academic analysts think about how governments make major foreign and defense policy decisions.1 Before Allison's book appeared in 1971, even the leading writers on foreign policy tended to describe and explain governmental decisions almost exclusively as if governments were rational human beings making carefully considered choices among available options. This book applies the Allisonian framework to the response of the United States government to a private arms control initiative undertaken in 1986 by the Natural Resources Defense Council, an environmental organization.
Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period.
Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors’ recommendations, including repeal of the one-year deadline, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.
Memoirs and case studies of fraud schemes and consumer protection from an insider who helped to found New York City's first consumer watchdog agency, 'Counsel for the Deceived' is a funny, candid account of fraud and institutional paralysis written by a then-newby lawyer, the city's Consumer Advocate. Philip Schrag was appointed by former Miss America Bess Myerson to defend consumer rights. In six case histories, reading more like a true-crime novel than an academic study, he documents the schemes of the "commercial underworld" and the inability of courts and government agencies to respond in time.
Schrag came into office expecting to initiate a new system, which would at last defend the powerless consumer. Instead, he discovered how both petty criminals and big corporations are able to use the law, the courts, and the general feeling favoring the status quo to delay and blunt any attacks made upon them. The book tells the fascinating and amusing story of how Schrag's young lawyers and investigators became disillusioned by observing the gap between the promise of the legal system and its actual performance—and how, in reaction, they invented unprecedented methods of consumer protection, some of which cause Schrag himself to question their ethical propriety. Enjoyable as the stories are, their purpose is to raise serious and basic questions about our legal process and its ability to secure consumer justice, or even "law and order."
This book is a unique demonstration of a rare ability to report true crime as it occurs in everyday life. It is a witty and perceptive analysis of the actual working of our government and our courts.
The fortieth anniversary edition of this classic, acclaimed book features new introductory material: a preface by the author, and a foreword by Marc Galanter of the University of Wisconsin. They place the work in its legal and contemporary setting, and update the reader. Ralph Nader's original introduction is also included.
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In 1993, Congress created a student loan repayment plan intended to enable high-debt graduates to accept low-income, public service jobs by reducing their loan payments and eventually forgiving part of their debts. But this Congressional initiative only helps those with catastrophically low incomes. It has failed to attract many users because, as implemented through regulations of the U.S. Department of Education, it requires payment over too long a period (25 years before forgiveness).
Many students go to graduate and professional schools in pursuit of careers in public service. But they often must borrow $100,000 or more to finance their education. Their loan repayment obligations become so high that they can no longer afford to follow their ideals, and they abandon their plans to have public service careers and seek employment with corporations or firms offering high salaries. The income-contingent repayment plan should have appealed to would-be public interest lawyers, who are among the graduates with the highest debt-to-income ratios; but the plan has failed them, and Schrag explores why and how the plan should be reformed, either by Congress or by the federal administration.