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Articles 1 - 30 of 139
Full-Text Articles in Law
Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin
Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin
D.C. Council Testimony
No abstract provided.
Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce
Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce
Journal Articles
No abstract provided.
Assembly Committee On Accountability And Administrative Review, Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review
Assembly Committee On Accountability And Administrative Review, Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review
California Assembly
No abstract provided.
Assembly Committee On Education, 2019 Legislative Summary, Assembly Committee On Education
Assembly Committee On Education, 2019 Legislative Summary, Assembly Committee On Education
California Assembly
No abstract provided.
Assembly Committee On Elections And Redistricting, 2019 Legislative Summary, Assembly Committee On Elections And Redistricting
Assembly Committee On Elections And Redistricting, 2019 Legislative Summary, Assembly Committee On Elections And Redistricting
California Assembly
No abstract provided.
Assembly Committee On Revenue And Taxation, Revenue And Taxation Legislative Summary 2019, Assembly Committee On Revenue And Taxation
Assembly Committee On Revenue And Taxation, Revenue And Taxation Legislative Summary 2019, Assembly Committee On Revenue And Taxation
California Assembly
No abstract provided.
Assembly Committee On Accountability And Administrative Review Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review
Assembly Committee On Accountability And Administrative Review Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review
California Assembly
No abstract provided.
When Do Chinese Subnational Governments Make Law?, Wei Cui, Jiang Wan
When Do Chinese Subnational Governments Make Law?, Wei Cui, Jiang Wan
All Faculty Publications
How often does law get made in China, and what kinds of law? We construct a dataset on subnational lawmaking to address these questions. The dataset builds on a basic insight: Chinese politicians choose among three types of instruments to implement policy—statutes, regulations, and informal policy directives (IPDs). IPDs are easier to promulgate than statutes and regulations, and the fact that they lack the force of law rarely impedes enforcement. Why then do politicians make law at all? Several findings shed light on this puzzle. First, the choice between formal lawmaking and IPDs depends on the policy subject. Second, provinces …
Snapback, Version 2.0: The Best Solution To The Problem Of Snap Removal, Arthur D. Hellman
Snapback, Version 2.0: The Best Solution To The Problem Of Snap Removal, Arthur D. Hellman
Testimony
The forum defendant rule, embodied in 28 U.S.C. § 1441(b)(2), prohibits removal of civil actions based on diversity of citizenship jurisdiction “if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” Pointing to the phrase “properly joined and served,” defendants have argued that § 1441(b)(2) does not bar removal of a diversity action if a citizen of the forum state has been joined as a defendant but has not yet been served. The stratagem of removing before service to avoid the prohibition of § 1441(b)(2) …
Snapback! A Narrowly Tailored Legislative Solution To The Problem Of Snap Removal, Arthur D. Hellman
Snapback! A Narrowly Tailored Legislative Solution To The Problem Of Snap Removal, Arthur D. Hellman
Testimony
“Snap removal” is a stratagem used by defendants in civil litigation as an end run around the forum defendant rule. That rule, embodied in 28 U.S.C. § 1441(b)(2), prohibits removal of civil actions based on diversity of citizenship jurisdiction “if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” Focusing on the phrase “properly joined and served,” defendants have argued that § 1441(b)(2) allows removal of a diversity action when a citizen of the forum state has been joined as a defendant but has not …
Assembly Local Government Committee, 2019 Legislative Summary, Assembly Local Government Committee
Assembly Local Government Committee, 2019 Legislative Summary, Assembly Local Government Committee
California Assembly
No abstract provided.
Assembly Committee On The Judiciary 2019 Bill Summary, Assembly Committee On The Judiciary
Assembly Committee On The Judiciary 2019 Bill Summary, Assembly Committee On The Judiciary
California Assembly
No abstract provided.
Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong
Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues (important …
Unconstitutional Or Just Unworkable? The Life And Death Of A Prohibition On Floor-Crossing In Fletcher V The Government Of Manitoba, Andrew Martin
Unconstitutional Or Just Unworkable? The Life And Death Of A Prohibition On Floor-Crossing In Fletcher V The Government Of Manitoba, Andrew Martin
Articles, Book Chapters, & Popular Press
Fletcher v the Government of Manitoba is the first reported challenge to a floor-crossing prohibition under the Canadian Charter of Rights and Freedoms. This case comment begins with the legislative history of the challenged provision and then provides an overview and critique of the reasons in Fletcher. Against this backdrop, it then reflects on the lessons of the case in two respects. The first is the difficulty in translating a policy idea into legislation – specifically, defining the conduct to be prohibited and determining the appropriate deterrent or penalty for breach. The second respect is the government’s role in …
The Effects Of Criminal Embeddedness On School Violence In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Silvio Segundo Salej Higgins
The Effects Of Criminal Embeddedness On School Violence In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Silvio Segundo Salej Higgins
Department of Justice Studies Faculty Scholarship and Creative Works
This study examines the influence of criminal embeddedness on the intensity of criminal behavior among primary and secondary school students in a large Brazilian city. A database conceived by the Center for the Study of Crime and Public Security at the Federal University in Minas Gerais is used to analyze the involvement of youths displaying delinquent behavior at home or at school and how school performance and peer relationships are effected. Based on differential association and learning theories, the main hypotheses are (1) the greater the criminal embeddedness, the lower the degree of school satisfaction as well as future expectation …
Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Georgia V. Public.Resource.Org, Inc., No. 18-1150 (U.S. Oct. 16, 2019), Michelle M. Wu
U.S. Supreme Court Briefs
Due process and the rule of law require that the public has meaningful access to “the law.” Every major modern society since the Greeks has recognized the importance of this principle. Roscoe Pound, Theories of the Law, 22 Yale L.J. 114, 117 (1912).
In the United States, “the law” largely comes from appellate courts, legislatures, and administrative agencies who have been granted rule-making authority. As every first year law student learns, those law-making bodies have developed highly specific methods for communicating their pronouncements of law through official publications, such as the Official Code of Georgia Annotated (“OCGA”).
Those specific methods …
F18rs Sgr No. 18, Bridget Ryan
F18rs Sgr No. 18, Bridget Ryan
Student Senate Enrolled Legislation
A RESOLUTION TO COMMEND THE LSU STUDENT HEALTH CENTER AND STUDENT HEALTH CENTER EXECUTIVE DIRECTOR, D’ANN MORRIS FOR PROPERLY USING STUDENT FEES IN ITS OPERATIONS AND SERVICES
F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon
F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon
Student Senate Enrolled Legislation
To amend the LSU Student Government Bylaws regarding executive staff and senatorial responsibilities
F19rs Sgb No. 1 (Exec And Senate Bylaws), Menon
F19rs Sgb No. 1 (Exec And Senate Bylaws), Menon
Student Senate Enrolled Legislation
A BILL
To amend the LSU Student Government Bylaws regarding executive staff and senatorial responsibilities
F19rs Sgb No. 2 (Order For Senators As Parliamentarian In Case Of Vacancy), Grashoff
F19rs Sgb No. 2 (Order For Senators As Parliamentarian In Case Of Vacancy), Grashoff
Student Senate Enrolled Legislation
To amend the Student Senate Rules of Order to allow Senators to Serve as Parliamentarian in the Case of a Vacancy in the Position.
F19rs Sgb No. 2 ( Parliamentarian Vacancy), Grashoff
F19rs Sgb No. 2 ( Parliamentarian Vacancy), Grashoff
Student Senate Enrolled Legislation
A Bill
To amend the Student Senate Rules of Order to allow Senators to serve as Parliamentarian in the case of a vacancy in the position
F19rs Sgb No. 4, Martin
F19rs Sgb No. 4, Martin
Student Senate Enrolled Legislation
A BILL
To amend the LSU Student Government Election Code Article II: Governance of elections to provide for further election outreach
F19rs Sgb No. 3 (Sg Budget), Cheatwood
F19rs Sgb No. 3 (Sg Budget), Cheatwood
Student Senate Enrolled Legislation
A BILL
to amend the Student Government budget.
Digitizing The Indiana Code, Susan David Demaine, Benjamin J. Keele
Digitizing The Indiana Code, Susan David Demaine, Benjamin J. Keele
Articles by Maurer Faculty
The Ruth Lilly Law Library holds one of the most complete sets of the official Indiana Code in print, and we often receive research requests for sections of the historical Code from attorneys and other researchers. The print collection is far more complete than anything available online and is freely available for anyone to use, but this generally requires a trip to the library. Currently, there is no free online public access to the Indiana Code predating 2009, and paid access offers no codes between 1921 and 1990. We have set out to change this.
Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood
Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood
FIMS Publications
This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …
Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino
Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino
Faculty Articles and Other Publications
This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court should read …
Proposed New York Trust Code, Surrogate’S Court Advisory Committee To The Chief Administrative Judge Of The Courts Of The State Of New York
Proposed New York Trust Code, Surrogate’S Court Advisory Committee To The Chief Administrative Judge Of The Courts Of The State Of New York
Other Scholarship
Text of a proposed New York Trust Code to be submitted to the New York Legislature.
Imaginary Bottles, Jessica Litman
Imaginary Bottles, Jessica Litman
Articles
This essay, written for a symposium commemorating John Perry Barlow, who died on February 7, 2018, revisits Barlow's 1994 essay for WIRED magazine, "The Economy of Ideas: A Framework for patents and copyrights in the Digital Age (everything you know about intellectual property is wrong)." Barlow observed that networked digital technology posed massive and fundamental challenges for the markets for what Barlow termed “the work we do with our minds” and for the intellectual property laws designed to shape those markets. He predicted that those challenges would melt extant intellectual property systems into a smoking heap within a decade, and …
The Kids Are Not Alright: Leveraging Existing Health Law To Attack The Opioid Crisis Upstream, Yael Cannon
The Kids Are Not Alright: Leveraging Existing Health Law To Attack The Opioid Crisis Upstream, Yael Cannon
Georgetown Law Faculty Publications and Other Works
The opioid crisis is now a nationwide epidemic, ravaging both rural and urban communities. The public health and economic consequences are staggering; recent estimates suggest the epidemic has contracted the U.S. labor market by over one million jobs and cost the nation billions of dollars. To tackle the crisis, scholars and health policy initiatives have focused primarily on downstream solutions designed to help those who are already in the throes of addiction. For example, the major initiative announced by the U.S. Surgeon General promotes the dissemination of naloxone, which helps save lives during opioid overdoses.
This Article argues that the …
21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.