Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legislation

Legislation

University of Georgia School of Law

Scholarly Works

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

The Filibuster And The Framing: Why The Cloture Rule Is Unconstitutional And What To Do About It, Dan T. Coenen Apr 2014

The Filibuster And The Framing: Why The Cloture Rule Is Unconstitutional And What To Do About It, Dan T. Coenen

Scholarly Works

The U.S. Senate’s handling of filibusters has changed dramatically in recent decades. As a result, the current sixty-vote requirement for invoking cloture of debate does not produce protracted speechmaking on the Senate floor, as did predecessors of this rule in earlier periods of our history. Rather, the upper chamber now functions under a “stealth filibuster” system that in practical effect requires action by a supermajority to pass proposed bills. This Article demonstrates why this system offends a constitutional mandate of legislative majoritarianism in light of well-established Framing-era understandings and governing substance-over-form principles of interpretation. Having established the presence of a …


Contemporary Meaning And Expectations In Statutory Interpretation, Hillel Y. Levin Jan 2012

Contemporary Meaning And Expectations In Statutory Interpretation, Hillel Y. Levin

Scholarly Works

This Article introduces and explores an approach to, or theme within, statutory interpretation, one grounded in contemporary meaning and expectations. This approach posits that judges interpreting ambiguous statutes are and should be constrained by the understanding and expectations of the contemporary public as to the law’s meaning and application. These are developed in response to, and mediated by, the actions and statements of government officials and the broader community. The Article argues that this apparently radical approach is necessary in order for law to maintain its moral force, and further that the principles underlying it are embedded in several doctrines …


The Legislative Process In Georgia Local Government Law, R. Perry Sentell Jr. Sep 1970

The Legislative Process In Georgia Local Government Law, R. Perry Sentell Jr.

Scholarly Works

What our city fathers do as legislators and how they do it impinges upon the daily lives of most of us. Those involved in the production of municipal law and those affected by it will find this study of legislative procedure at the local level of great interest and help. Here is a solid piece of research which will stand for a long time to come.