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2022

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Full-Text Articles in Law

The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee Dec 2022

The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The Clean Water Act has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This Article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This array …


The Common Law As Statutory Backdrop, Anita S. Krishnakumar Dec 2022

The Common Law As Statutory Backdrop, Anita S. Krishnakumar

Georgetown Law Faculty Publications and Other Works

Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist and what precise shape modern textualism should take, the Court’s continued reliance on one decidedly atextual interpretive tool has gone largely unnoticed — the common law. Indeed, the common law has played an underappreciated, often dispositive, gap-filling role in statutory interpretation for decades, even as the textualist revolution has sidelined other non-text-focused interpretive tools. But despite the persistent role that the common law has played in statutory interpretation cases, the use of common law rules and definitions as an interpretive resource is surprisingly understudied and …


Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning Dec 2022

Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning

Faculty Scholarship

In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …


Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw Nov 2022

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw

Articles

This piece offers an extended critique of one aspect of the so-called "independent state legislature" theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I's Elections Clause, which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof," and Article H's Presidential Electors Clause, which provides that "[e]ach State shall appoint, in such Manner as the Legislature …


Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate Nov 2022

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


F22rs Sgr 4 (Congratulate Rha), Landon Zeringue, John Sweat Oct 2022

F22rs Sgr 4 (Congratulate Rha), Landon Zeringue, John Sweat

Student Senate Enrolled Legislation

To commend, congratulate, and offer appreciation to the residential staff of LSU’s East Campus Apartments for their work promoting campus safety by putting on the successful “Let’s Talk Safety!” program


F22rs Sgr No. 2 (Prime Time Class Scheduling), Cooper Ferguson, Emma Long, Calvin Feldt, Elizabeth Laurent Oct 2022

F22rs Sgr No. 2 (Prime Time Class Scheduling), Cooper Ferguson, Emma Long, Calvin Feldt, Elizabeth Laurent

Student Senate Enrolled Legislation

To Urge and Request that the University Registrar halts the reimplementation of a policy that limits departments to scheduling no more than 55% of their course sections within prime-time hours


F22rs Sgr 5 (Establishment Of Graduate Healthcare Committee), Adam Dohrenwend, Gabriella Boodhoo, Alicia Cerquone, Leah Clendaniel, Blessing Egbejiogu, Terry Geraldsen, Ritu Ghose, Cullen Hodges, Natalie Kaczynski, Soheil Kafiliveyjuyeh Oct 2022

F22rs Sgr 5 (Establishment Of Graduate Healthcare Committee), Adam Dohrenwend, Gabriella Boodhoo, Alicia Cerquone, Leah Clendaniel, Blessing Egbejiogu, Terry Geraldsen, Ritu Ghose, Cullen Hodges, Natalie Kaczynski, Soheil Kafiliveyjuyeh

Student Senate Enrolled Legislation

To establish the committee on the Graduate Student Healthcare Crisis as a temporary committee of LSU Student Government, pursuant to Article XIV of the LSU Student Government Bylaws


F22rs Sgr No. 1 (Allen Hall Murals), Nicole Monceaux, Cooper Ferguson, Ryan Reed Oct 2022

F22rs Sgr No. 1 (Allen Hall Murals), Nicole Monceaux, Cooper Ferguson, Ryan Reed

Student Senate Enrolled Legislation

To Urge and Request Louisiana State University paint a new representation of Student Life over the Mural in Allen Hall depicting segregation and people of color picking cotton


F22rs Sgr 6 (Provost List - Dean's List For Lsu Online), Emma Long, Justin Butler, Gabby Farrar, Calvin Feldt, Elizabeth Laurent, Nicole Nguyen, Hamood Qureshi, Dhriti Shastri Oct 2022

F22rs Sgr 6 (Provost List - Dean's List For Lsu Online), Emma Long, Justin Butler, Gabby Farrar, Calvin Feldt, Elizabeth Laurent, Nicole Nguyen, Hamood Qureshi, Dhriti Shastri

Student Senate Enrolled Legislation

To Urge and Request LSU to create a “Provost’s List” to provide a college honor to LSU online students who complete 12 hours of coursework across two (2) consecutive terms in a traditional spring or fall semester with a 3.5 grade point average


F22rs Sgr 8 (Building Renaming Committee), Cooper Ferguson, Adam Dohrenwend Oct 2022

F22rs Sgr 8 (Building Renaming Committee), Cooper Ferguson, Adam Dohrenwend

Student Senate Enrolled Legislation

A resolution to strongly condemn President William F. Tate IV for actions taken in regards to the Building Name Evaluation Committee and to Urge and Request LSU to follow-through on Fall 2017’s SGR 15 and Fall 2020’s SGR 4


F22rs Sgr 11 (Congratulate Jacob Brumfield), Landon Zeringue, Cooper Ferguson, Colin Raby, John Sweat Oct 2022

F22rs Sgr 11 (Congratulate Jacob Brumfield), Landon Zeringue, Cooper Ferguson, Colin Raby, John Sweat

Student Senate Enrolled Legislation

To Commend, Congratulate, and Show Appreciation on behalf of LSU’s Student Body toward Jacob Brumfield for his immense dedication and service toward LSU and its students


F22rs Sgr 9 (Virtual Tigercard), Amelie Chadwick, Chelsea Chisolm, Jack Griswold, Jahi Palmer, Mason Pfeffer, Hamood Qureshi Oct 2022

F22rs Sgr 9 (Virtual Tigercard), Amelie Chadwick, Chelsea Chisolm, Jack Griswold, Jahi Palmer, Mason Pfeffer, Hamood Qureshi

Student Senate Enrolled Legislation

To Urge and Request Louisiana State University to implement a virtual TigerCard system


F22rs Sgr No. 13 (Electric Vehicle Charging), Alicia Cerquone Oct 2022

F22rs Sgr No. 13 (Electric Vehicle Charging), Alicia Cerquone

Student Senate Enrolled Legislation

To Urge and Request Parking & Transportation Services to install three electric vehicle chargers in locations that are accessible to students and are compliant with the Americans with Disabilities Act


F22rs Sgb No. 15, Colin Raby Oct 2022

F22rs Sgb No. 15, Colin Raby

Student Senate Enrolled Legislation

A bill to appropriate $1000 from the Student Government Initiatives Account to fund the "Final Stretch" event jointly with the SG Executive Branch


F22rs Sgb No. 11 (Ccell), Angel Puder Oct 2022

F22rs Sgb No. 11 (Ccell), Angel Puder

Student Senate Enrolled Legislation

TO APPROPRIATE A MAXIMUM OF TEN THOUSAND AND EIGHT HUNDRED EIGHTY DOLLARS ($10,880) FROM THE STUDENT GOVERNMENT INITIATIVES ACCOUNT TO THE LSU CENTER FOR COMMUNITY ENGAGEMENT, LEARNING, AND LEADERSHIP (CCELL) TO FUND THE CREATION OF EIGHT (8) NEW SERVICE-LEARNING COURSE


F22rs Sgr No. 14 (Congrats Rehm), Emma Bruney Oct 2022

F22rs Sgr No. 14 (Congrats Rehm), Emma Bruney

Student Senate Enrolled Legislation

To Commend, Congratulate, and Show Appreciation on behalf of LSU’s Student Body toward Rehm Maham for his immense dedication and service to Student Government and the LSU community as a whole


F22rs Sgb No. 6 (Biodegradable Confetti), Landon Zeringue, Hamood Qureshi Oct 2022

F22rs Sgb No. 6 (Biodegradable Confetti), Landon Zeringue, Hamood Qureshi

Student Senate Enrolled Legislation

To appropriate $2000 for the purchase of 8 boxes (1 cubic foot each) of biodegradable confetti and 8 orders of glassine bags (300 each) to be handed out to graduates from the Student Government office for the Fall 2022 commencement


F22rs Sgb No. 18 (Bike Repair Stations), Colin Raby, Nicole Monceaux Oct 2022

F22rs Sgb No. 18 (Bike Repair Stations), Colin Raby, Nicole Monceaux

Student Senate Enrolled Legislation

A bill to appropriate $15,500 from the Student Government Initiatives Account to fund the purchase of six (6) Bicycle Repair “Fixit” stations


F22rs Sgb No. 19 (Creative Crosswalk), Trevor Cupit Oct 2022

F22rs Sgb No. 19 (Creative Crosswalk), Trevor Cupit

Student Senate Enrolled Legislation

To appropriate a maximum of five thousand (5000) dollars from the Initiatives account towards the funding and installation of the creative crosswalk


F22rs Sgb No. 20 (Silver Wings Transportation), Colin Raby Oct 2022

F22rs Sgb No. 20 (Silver Wings Transportation), Colin Raby

Student Senate Enrolled Legislation

A bill to appropriate $1931.00 from the Student Government Initiatives Account to fund the travel for Silver Wings’ first large service project to support and aid Hurricane Ian relief


F22rs Sgb No. 17 (Megsa Website), Colin Raby, Adam Dohrenwend, Terry Geraldsen Oct 2022

F22rs Sgb No. 17 (Megsa Website), Colin Raby, Adam Dohrenwend, Terry Geraldsen

Student Senate Enrolled Legislation

To allocate $1,500 from the Student Government Contingency Account to fund the renovation and optimization of the Mechanical Engineering Graduate repository


F22rs Sgb No. 21 (Personal Safety Alarms), Emma Champagne Oct 2022

F22rs Sgb No. 21 (Personal Safety Alarms), Emma Champagne

Student Senate Enrolled Legislation

To appropriate a maximum of $2,200.00 from the Student Government initiatives account to fund 500 personal safety alarms


F22rs Sgb No. 22 (Various Fruit Trees), Landon Zeringue Oct 2022

F22rs Sgb No. 22 (Various Fruit Trees), Landon Zeringue

Student Senate Enrolled Legislation

A Bill to Allocate Thirteen Thousand Dollars and Zero Cents ($13,000.00) from the Student Government Initiatives Account for the Purchase of Fifty (50) Various Fruit Trees to be Planted and Maintained Around Campus to Create a Sustainable Edible Landscape


F22rs Sgb No. 3 (Summer Funding), Colin Raby Oct 2022

F22rs Sgb No. 3 (Summer Funding), Colin Raby

Student Senate Enrolled Legislation

To establish the temporary budget and appropriations committee’s ability to appropriate funds, a maximum amount determined by the general Senate body before Senate’s Spring semester Sine Die adjournment


F22rs Sgb No. 4 (Open Meeting Law), Olivia Devall Oct 2022

F22rs Sgb No. 4 (Open Meeting Law), Olivia Devall

Student Senate Enrolled Legislation

To amend the Student Government code to be in compliance with Open Meeting Laws


F22rs Sgb No. 5 (Freedom Funding), Colin Raby Oct 2022

F22rs Sgb No. 5 (Freedom Funding), Colin Raby

Student Senate Enrolled Legislation

To strike “A student, registered student organization, or University Department shall only receive one Senate funding allocation per semester and cannot exceed two Senate funding allocations per academic year. An allocation is defined as a sponsored bill accompanied by a funding request form” from Title VII Chapter 3 section 204 paragraph 2 of the Student Government Code


F22rs Sgb No. 7 (Annual Budget), Colin Raby Oct 2022

F22rs Sgb No. 7 (Annual Budget), Colin Raby

Student Senate Enrolled Legislation

To establish the LSU Student Government 2023 Academic Fiscal Year Operational Budget


F22rs Sgb No. 8 (Illegal Recruiting), Cooper Ferguson Oct 2022

F22rs Sgb No. 8 (Illegal Recruiting), Cooper Ferguson

Student Senate Enrolled Legislation

A Bill to Amend Title VI Chapter 4 Section 306 of the Student Government Code of the Student Government of Louisiana State University


F22rs Sgb No. 13 (Vacancy Policy), Olivia Devall Oct 2022

F22rs Sgb No. 13 (Vacancy Policy), Olivia Devall

Student Senate Enrolled Legislation

A Bill to amend Title II of the Student Government Code