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Articles 31 - 60 of 11949

Full-Text Articles in Law

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre Dec 2020

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging ...


The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk Dec 2020

The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk

Seattle Journal of Technology, Environmental & Innovation Law

Legislators attempt to achieve intended goals by enacting laws that provide for regulatory enforcement. However, many times laws are unable to achieve their stated goals and in some ways may create new or exacerbate existing issues. Luckily, upon review, many of these issues can be fixed with quick modifications to either their implementation or enforcement mechanisms. In its current form, the Clean Air Act does not effectively account for differences in regional climate patterns, and, moreover, it perpetuates environmental injustice. If local governments were given more autonomy to enforce the Clean Air Act, they could shape its enforcement to more ...


Symmetry's Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters Dec 2020

Symmetry's Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters

Michigan Law Review

Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of ...


Restoring The Power Of The Convening Authority To Adjust Sentences, Jacob R. Weaver Dec 2020

Restoring The Power Of The Convening Authority To Adjust Sentences, Jacob R. Weaver

Michigan Law Review

In 2013, Congress abrogated the power of certain military officers to reduce court-martial sentences, thereby eliminating a military defendant’s best hope for efficient and effective relief from common legal errors in the military justice system. While the overhaul of the Uniform Code of Military Justice (UCMJ) in 2016 promised significant reform, it ultimately failed to substantially reduce common legal errors. This Note analyzes how the 2013 and 2016 reforms have combined to prevent military defendants from receiving timely and adequate relief. In light of this analysis, this Note suggests an amendment to the UCMJ that would restore to certain ...


Buckeyes Against The Boycott: Why Ohio's Law Opposing Bds Is Protected Under The First Amendment, Hannah Kraus Nov 2020

Buckeyes Against The Boycott: Why Ohio's Law Opposing Bds Is Protected Under The First Amendment, Hannah Kraus

Cleveland State Law Review

In 2016, Ohio became the fourteenth state to enact legislation denouncing the Boycott, Divestment, and Sanctions movement against Israel. Codified as § 9.76 of the Ohio Revised Code, this legislation prohibits any state agency from contracting with a company that boycotts Israel during the contractual period. While the constitutionality of § 9.76 has not been challenged, anti-BDS statutes passed by other state legislatures have faced First Amendment challenges. This Note argues that § 9.76 of the Ohio Revised Code complies with the First Amendment under the government speech doctrine. In 1991, the Supreme Court applied the government speech doctrine in ...


A History Of United States Cannabis Law, David V. Patton Nov 2020

A History Of United States Cannabis Law, David V. Patton

Journal of Law and Health

Perhaps the best way to understand early-Twenty-First Century state and federal cannabis law in the United States is to examine the relevant history. Justice Oliver Wendell Holmes, Jr.’s statement is apropos: "[A] page of history is worth a volume of logic." This article begins by discussing the early history of cannabis and its uses. Next, the article examines the first state and federal marijuana laws. After a brief comparison of alcohol prohibition to cannabis prohibition, this article addresses cannabis laws from the 1920s to the early 1950s. Then, the article takes up the reorganization of the federal drug regulatory ...


Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz Nov 2020

Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz

Congressional Testimony

No abstract provided.


The Hamburglar, Friend Or Foe: What Is The Best Solution For Lawsuits Alleging Obesity Caused By Fast Food Outlets When No Causal Link Between Consumption And Obesity Can Be Found?, Mary Hoshall Hodges Nov 2020

The Hamburglar, Friend Or Foe: What Is The Best Solution For Lawsuits Alleging Obesity Caused By Fast Food Outlets When No Causal Link Between Consumption And Obesity Can Be Found?, Mary Hoshall Hodges

Journal of Food Law & Policy

When is the last time you ventured through the drive-thru of a fast food establishment? Maybe last night when it was just easier than taking the time to cook dinner, or maybe last weekend on your way home from vacation, or maybe when you were running low on funds and needed a cheap meal? Given the busy, fast-paced lives Americans lead, it is no wonder that many rely on the fast food industry, even though most would not care to admit it.


A Thirteenth Amendment Approach To The Reauthorization Of The Violence Against Women Act, Kylee M. Petritsch Nov 2020

A Thirteenth Amendment Approach To The Reauthorization Of The Violence Against Women Act, Kylee M. Petritsch

The Macksey Journal

Violence against a woman turns her into a non-autonomous instrument. The use of violence as a threat against a woman leaves her vulnerable, often times forcing her to do something contrary against their will. Women who experience domestic violence continuously experience threatening situations that result in subordination to their domestic partner. The term "involuntary servitude" listed in the Thirteenth Amendment allows the Amendment to be one of the most powerful, yet underused, provisions of the Constitution of the United States. Although the Amendment was created to abolish slavery against African Americans in the early years of the Republic, scholars have ...


Energy Emergencies, Amy L. Stein Nov 2020

Energy Emergencies, Amy L. Stein

Northwestern University Law Review

Emergency powers are essential to the proper functioning of the government. Emergencies demand swift and decisive action; yet, our system of government also values deliberation and procedures. To enable such agility in a system fraught with bureaucracy, Congress frequently delegates unilateral statutory emergency powers directly to its most nimble actor: the President. The powers Congress delegates to the President are vast and varied, and often sacrifice procedural requirements in favor of expediency. Most scholars and policymakers have come to terms with this tradeoff, assuming that the need to respond quickly is outweighed by any loss of accountability.

This Article challenges ...


Postponing Federal Elections Due To Election Emergencies, Michael T. Morley Nov 2020

Postponing Federal Elections Due To Election Emergencies, Michael T. Morley

Washington and Lee Law Review Online

Federal Election Day didn’t just happen. Rather, it reflects the culmination of a series of federal laws enacted over the course of nearly seventy years. Each of those laws requires states to hold a different type of federal election on the same day. These statutes also grant states flexibility to hold federal elections at a later date if there is a “failure to elect” on Election Day. Based on a detailed examination of these provisions’ texts, legislative histories, and histories of judicial application, this Article explains that federal Election Day laws empower states to postpone or extend federal elections ...


Same-Party Legislative Appointments And The Problem Of Party-Switching, Tyler Yeargain Nov 2020

Same-Party Legislative Appointments And The Problem Of Party-Switching, Tyler Yeargain

Texas A&M Law Review

For half of the states and almost every territory in the United States, legislative vacancies are filled by some system of temporary appointments rather than by special elections. Most of these systems utilize “same-party” appointments to ensure continuity of representation. But few states have anticipated the problem of state legislators switching parties. Though party-switching is rare, it happens frequently enough that several state supreme courts have already interpreted same-party appointment statutes as applied to party-switchers.

This Article argues for a uniform approach to the problem of party-switchers in same-party appointment systems. First, this Article reviews the current legislative appointment schemes ...


An Interprofessional Approach To Teaching Advocacy Skills: Lessons From An Academic Medical-Legal Partnership, Vicki W. Girard, Eileen S. Moore, Lisa P. Kessler, Deborah F. Perry, Yael Cannon Nov 2020

An Interprofessional Approach To Teaching Advocacy Skills: Lessons From An Academic Medical-Legal Partnership, Vicki W. Girard, Eileen S. Moore, Lisa P. Kessler, Deborah F. Perry, Yael Cannon

Georgetown Law Faculty Publications and Other Works

Medical students and educators recognize that preparing the next generation of health leaders to address seemingly intractable problems like health disparities should include advocacy training. Opportunities to acquire the knowledge and skills needed to effectively advocate at the policy level to promote systems-, community-, and population-level solutions are a critical component of such training. But formal advocacy training programs that develop and measure such skills are scarce. Even less common are interprofessional advocacy training programs that include legal and policy experts to help medical students learn such skills.

This 2016–2017 pilot study started with a legislative advocacy training program ...


Possible Reliance: Protecting Legally Innocent Johnson Claimants, Keagan Potts Nov 2020

Possible Reliance: Protecting Legally Innocent Johnson Claimants, Keagan Potts

Michigan Law Review

The writ of habeas corpus presents the last chance for innocent defendants to obtain relief from invalid convictions and sentences. The writ constitutes a limited exception to the finality of judgments. Given the role finality plays in conserving judicial resources and deterring criminal conduct, exceptions created by habeas must be principally circumscribed. Since the Supreme Court’s invalidation of the Armed Career Criminal Act’s residual clause in Johnson v. United States, the federal courts of appeals have attempted to develop a test that protects the writ from abuse by Johnson claimants.

This Note first contributes a new understanding of ...


How Congress Can Help Raise Vaccine Rates, Dorit Rubinstein Reiss, Y. Tony Yang Oct 2020

How Congress Can Help Raise Vaccine Rates, Dorit Rubinstein Reiss, Y. Tony Yang

Notre Dame Law Review Reflection

2019 saw an unusually high number of measles cases, and other preventable disease outbreaks, at least in part linked to vaccines refusal. States are considering legislative responses. This Essay examines what role the federal government can fill in increasing vaccines rates. The Essay suggests that the federal government has an important role to fill in funding research, coordination, and local efforts. It also suggests that a federal school vaccine mandate is likely not the solution: first, such mandates can run into plausible constitutional challenges, and second, there are policy arguments against it. The policy contentions include the unfairness of imposing ...


Enough Is As Good As A Feast, Noah C. Chauvin Oct 2020

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ...


Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey Oct 2020

Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey

Seattle University Law Review

This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely ...


“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines Oct 2020

“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines

Seattle University Law Review

The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.


The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley Oct 2020

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an ...


“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter Oct 2020

“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter

Seattle University Law Review

To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer and more concise definition of physical restraint. Additionally, although there are many state-level sentencing systems throughout the United States, this Comment only focuses on the federal sentencing guidelines for robbery because of the disparate way in which these guidelines are applied from circuit to circuit.


Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen Oct 2020

Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen

St. Mary's Law Journal

Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment ...


U.S. Government Military And Space Force Literature, Bert Chapman Oct 2020

U.S. Government Military And Space Force Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Established in 2018, the U.S. Space Force is the newest branch of the U.S. military. The reality of space as an arena for international geopolitical and military competition has been around for decades in scholarly literature. This presentation will examine recently published and publicly accessible U.S. Government and military literature on Space Force. These works examine various economic, military, and political aspects of this entity and how it may affect U.S. national security policy in years to come.


Public Policy Origins Of U.S. Data, Bert Chapman Oct 2020

Public Policy Origins Of U.S. Data, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed introduction and overview of public policy origins of U.S. data. Shows how congressional legislation and Office of Management and Budget documents influence compilation and dissemination of U.S. Government data. Stresses how Indiana General Assembly requirements influence compilation of Indiana state agency data and Indiana local government agency data. Places emphasis on roles played in data compilation and dissemination by public policy research institutions/think tanks. Concludes by stressing limitations of data collection by governmental and non-governmental entities.


“Waiving” Goodbye To Medicaid As We Know It: Modern State Attempts To Transform Medicaid Programs Through Section 1115 Waivers, Chandler Gray Oct 2020

“Waiving” Goodbye To Medicaid As We Know It: Modern State Attempts To Transform Medicaid Programs Through Section 1115 Waivers, Chandler Gray

Washington and Lee Law Review Online

This Note explores recent state efforts to reshape their respective Medicaid programs through Section 1115 waivers. Specifically, this Note looks at states that wish to convert their Medicaid program to a block grant through Section 1115 waivers. Examining the lawfulness of these waivers requires analyzing the language and application of both the Medicaid Act and the Administrative Procedure Act. This Note argues that any use of Section 1115 waivers to implement a block grant program would be a violation of the Medicaid Act and thus unlawful. Further, federal approval of such programs would be deemed arbitrary and capricious. To justify ...


Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law Oct 2020

Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law

California Initiative Review (CIR)

No abstract provided.


Proposition 14: The California Stem Cell Research, Treatments, And Cures Initiative Of 2020, Hannah Fortin, Soraya Ghasemiyeh Oct 2020

Proposition 14: The California Stem Cell Research, Treatments, And Cures Initiative Of 2020, Hannah Fortin, Soraya Ghasemiyeh

California Initiative Review (CIR)

No abstract provided.


Proposition 15: The California Schools And Local Communities Act Of 2020, Mo Roeckl-Navarzio, Alexander Lee Oct 2020

Proposition 15: The California Schools And Local Communities Act Of 2020, Mo Roeckl-Navarzio, Alexander Lee

California Initiative Review (CIR)

No abstract provided.


Proposition 16: Allowing Affirmative Action In Public Contracting, Employment, And Education, Leanne Bolano, Arvinder Kaur Oct 2020

Proposition 16: Allowing Affirmative Action In Public Contracting, Employment, And Education, Leanne Bolano, Arvinder Kaur

California Initiative Review (CIR)

No abstract provided.


Proposition 17: Voting Rights Restoration For Persons On Parole (2020), Steven Weiss, Alex Cabaluna, Quentin Barbosa Oct 2020

Proposition 17: Voting Rights Restoration For Persons On Parole (2020), Steven Weiss, Alex Cabaluna, Quentin Barbosa

California Initiative Review (CIR)

No abstract provided.


Proposition 18: Primary Voting For 17-Year-Olds Amendment Allows 17-Year-Olds To Vote In Primary Elections, Yevgeniy P. Pislar, Rachel Puleo Oct 2020

Proposition 18: Primary Voting For 17-Year-Olds Amendment Allows 17-Year-Olds To Vote In Primary Elections, Yevgeniy P. Pislar, Rachel Puleo

California Initiative Review (CIR)

No abstract provided.