Law Commons^™

The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee

Journal of Legislation

This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.

Textualism Today: Scalia’S Legacy And His Lasting Philosophy, Chase Wathen

University of Miami Law Review

Appointed to the Supreme Court in 1986 by President Reagan, Justice Antonin Scalia redefined the philosophy of textualism. Although methods like the plain meaning rule had been around for over a century, the textualist philosophy of today was not mainstream. While Scalia’s textualism is thought to be a conservative philosophy, Scalia consistently maintained that it was judicial restraint rather than conservatism at the heart of his method. The key tenant of Scalia’s new textualism was an outright rejection of legislative history, which he often brought up in opinions only to mock and dismiss as irrelevant. Starting with the hypothesis that …

Nothing Is Inevitable: A Rejection Of The Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, Jacqueline R. Mancini

St. John's Law Review

(Excerpt)

Until June 2013, Manish Desai worked for Molon Motor and Coil Corporation (“Molon”) as Head of Quality Control. In June of that year, Desai left Molon to take a position with a competitor of Molon, Nidec Motor Corporation (“Nidec”). Molon brought suit against Nidec for trade secret misappropriation and alleged that Desai copied confidential information onto a flash drive before his departure. Based on these allegations, Molon argued not only that Desai unlawfully disclosed its trade secrets but also that “Nidec used and continues to use that information.” Molon brought suit under the federal Defend Trade Secrets Act and …

House Resolution Calling On Vice President Pence To Invoke 25th Amendment, House Of Representatives. United States.

Congressional Materials

Resolution approved 223-205 on January 12, 2021 by the House of Representatives calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate Section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President. The resolution was introduced in response to the January 6, 2021, attack on the United States Capitol.

Researching And Compiling Federal Legislative History, Adeen Postar

Adeen Postar

This research guide is a powerpoint presentation that defines federal legislative history and its uses, as well as provides an overview of the federal legislative process. It also identifies the documents used to compile a federal legislative history and the sources for obtaining those documents.

The Twenty-Fifth Amendment: Law, History, And Recommendations For Reform, John D. Feerick, John Rogan

Miscellaneous

Handout for The Twenty-Fifth Amendment: Law, History, and Recommendations for Reform.

Going "Clear", Ryan D. Doerfler

All Faculty Scholarship

This Article proposes a new framework for evaluating doctrines that assign significance to whether a statutory text is “clear.” As previous scholarship has failed to recognize, such doctrines come in two distinct types. The first, which this Article call evidence-management doctrines, instruct a court to “start with the text,” and to proceed to other sources of statutory meaning only if absolutely necessary. Because they structure a court’s search for what a statute means, the question with each of these doctrines is whether adhering to it aids or impairs that search — the character of the evaluation is, in other words, …

50 Years After The 25th Amendment: How To Improve Presidential Succession, Second Fordham University School Of Law Clinic On Presidential Succession

Reports

Pamphlet summarizing the Second Succession Clinic's recommendations.

The Twenty-Fifth Amendment To The United States Constitution: A Reader's Guide, Yale Law School Rule Of Law Clinic

Reports

Historic overview and analysis of presidential succession coupled with findings of the law clinic.

Continuity In The Presidency: Gaps And Solutions Building On The Legacy Of The 25th Amendment, Fordham Law School, Feerick Center For Social Justice, Fordham Law Review

Miscellaneous

Program for the symposium "Continuity in the Presidency: Gaps and Solutions Building on the Legacy of the 25th Amendment."

Strengthening And Clarifying The 25th Amendment Act Of 2017, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to provide for an alternative body to transmit a written declaration that the President is unable to discharge the powers and duties of his office in accordance with the provisions of the 25th Amendment.

Oversight Commission On Presidential Capacity Act, United States. House Of Representatives

Proposed Presidential Succession Legislation

A prooposed bill to establish an Oversight Commission on Presidential Capacity in the legislative branch. This commission would be used to determine whether the President is mentally or physically unable to discharge the powers and duties of office.

50th Anniversary Of The Twenty-Fifth Amendment And Tribute To Birch Bayh, Joseph Donnelly

Congressional Materials

Indiana Senator Joseph Donnelly's tribute to former Senator Birch Bayh on the Senate floor on March 28, 2017. Donnelly recognizes Senator Bayh's work on the Twenty-Fifth Amendment. From the Congressional Record.

"No Harm, Still Foul": Unharmed Creditors And Avoidance Of A Debtor's Pre-Petition Transfer Of Exemptible Property, Alyssa Pompei

St. John's Law Review

(Excerpt)

This Note sides with the “no harm, no foul” approach in this debate, arguing that bankruptcy courts should not avoid prepetition transfers of otherwise exempt property under § 548 simply because an exemption was not actually taken and the transfer was instead the alternative path used to shield the property from collection. Part I of this Note explains the constructive fraud and exemption provisions of the Bankruptcy Code, including state opt-out provisions which are particularly applicable to this issue. Part I also discusses the legislative history of federal bankruptcy law with particular focus on the creation of the Bankruptcy …

Campbell At 21/Sony At 31, Jessica D. Litman

Articles

When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable increase in exclusive copyright rights. In the nearly forty years since Congress enacted the 1976 copyright act, the rights of copyright owners have expanded markedly. Copyright owners’ demands for further expansion continue unabated. Meanwhile, they raise strident objections to proposals to add new privileges and exceptions to the statute to shelter non-infringing uses that might be implicated by their expanded rights. Copyright owners have used the resulting uncertainty …

House Swaps: A Strategic Bankruptcy Solution To The Foreclosure Crisis, Lynn M. Lopucki

Michigan Law Review

Since the price peak in 2006, home values have fallen more than 30 percent, leaving millions of Americans with negative equity in their homes. Until the Supreme Court’s 1993 decision in Nobelman v. American Savings Bank, the bankruptcy system would have provided many such homeowners with a remedy. They could have filed bankruptcy, discharged the negative equity, committed to pay the mortgage holders the full values of their homes, and retained those homes. In Nobelman, however, the Court misinterpreted reasonably clear statutory language and invented legislative history to resolve a three-to-one split of circuits in favor of the minority view …

Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson

University of Michigan Journal of Law Reform

Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed to …

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.

How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers

Pepperdine Law Review

No abstract provided.

Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady

Pepperdine Law Review

No abstract provided.

Researching And Compiling Federal Legislative History, Adeen Postar

Research Guides

This research guide is a powerpoint presentation that defines federal legislative history and its uses, as well as provides an overview of the federal legislative process. It also identifies the documents used to compile a federal legislative history and the sources for obtaining those documents.

Text(Plus-Other-Stuff)Ualism:Textualists' Perplexing Use Of The Attorney General's Manual On The Administrative Procedure Act, K. M. Lewis

Michigan Journal of Environmental & Administrative Law

Textualist judges, such as U.S. Supreme Court Justice Antonin Scalia, are well known for their outspoken, adamant refusal to consult legislative history and its analogues when interpreting ambiguous provisions of statutory terms. Nevertheless, in administrative law cases, textualist judges regularly quote the Attorney General’s Manual on the Administrative Procedure Act, an unenacted Department of Justice document that shares all the characteristics of legislative history that textualists find odious: unreliability, bias, and failure to pass through the bicameralism and presentment processes mandated by the U.S. Constitution. As a result, judges that rely on the Manual in administrative law cases arguably reach …

The Continuing Vitality Of The Presumption Of Irreparable Harm In Copyright Cases, Andrew F. Spillane

Marquette Intellectual Property Law Review

Property has long enjoyed civil enforcement through a potent remedy: the permanent injunction. For decades, federal courts across the country roundly granted permanent relief upon finding infringement and a threat of future infringement of one type of property: copyrights. Beyond these showings, a prevailing plaintiff in a copyright infringement case would not have to prove the cornerstone of equitable relief—irreparable harm—to obtain an injunction. But after the U.S. Supreme Court¹s decision in eBay v. MercExchange, some courts have abandoned this truncated equitable inquiry. In its place, the lower federal courts now apply eBay's four-factor test to determine whether a copyright …

Presidential Succession Act Of 2010, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to allow the President to submit a presidential succession list. The individual next in line after the President and Vice President would be either the Speaker of the House, the Majority Leader of the House, or the Minority Leader of the House (or the Speaker until the President submits such name). If that individual is unable to serve, the next in line would be either the Majority Leader of the Senate, the President Pro Tempore of the Senate, or the Minority Leader of the Senate (or the Majority Leader of the Senate until the President submits such …

The Adequacy Of The Presidential Succession System In The 21st Century: Filling The Gaps And Clarifying The Ambiguities In Constitutional And Extraconstitutional Arrangements, Fordham Law School, Fordham Law Review

Miscellaneous

Program for the Adequacy of the Presidential Succession System in the 21st Century: Filling the Gaps and Clarifying the Ambiguities in Constitutional and Extraconstitutional Arrangements.

The Adequacy Of The Presidential Succession System In The 21st Century: Filling The Gaps And Clarifying The Ambiguities In Constitutional And Extraconstitutional Arrangements, Fordham Law Review, American Constitution Center, Federalist Society

Miscellanea

Program for The Adequacy of the Presidential Succession System in the 21st Century symposium, Fordham University School of Law, April 16-17, 2010.

Legislative History Sources, Susan Lewis-Somers

Research Guides

This research guides provides an overview of resources for researching legislative histories: complete legislative histories, legislative history summaries, bill tracking sources, and selected secondary sources. It also identifies the documents that comprise a complete legislative history and sources for locating these documents.

A Fighting Chance For Outlaws: Strict Scrutiny Of North Carolina's Felony Firearms Act, Matthew Jordan Cochran

Matthew Jordan Cochran

This comment presents a substantive due process challenge to North Carolina's Felony Firearms Act (codified at N.C. Gen. Stat. § 14‑415.1), which, as modified in 2004, criminalizes owning a firearm—even in your own home—if you've ever been convicted of a felony. The discussion is very comprehensive.

I begin with an assumption (which by now appears supported by Second Amendment jurisprudence and post-Heller commentary) that individuals have a fundamental right of self-defense, and proceed to demonstrate that the Act deprives persons of that right without being narrowly tailored toward furthering any compelling state interest. For example, the statute does not …

This Lemon Comes As A Lemon. The Lemon Test And The Pursuit Of A Statute’S Secular Purpose., Josh Blackman

Josh Blackman

Lemon is a curious fruit. The Lemon Test, derived from Lemon v. Kurtzman, is a three-pronged test to determine whether a government action violates the Establishment Clause of the First Amendment. This article will focus on the first prong of the Lemon Test, which queries whether a statute has a “secular purpose.” While many other articles have focused on the secular aspect of this prong, few have considered what exactly purpose means. Before piercing the citric skin of the purpose prong of the Lemon test, I consider intentionalism and purposivism as jurisprudential schools of thought. What is the purpose behind …

State Government New State Flag: Change Design And Description Of State Flag; Change Design And Description Of State Seal; Provide For The Preservation And Protection Of Certain Public Monuments And Memorials; Require Agencies Eligible For Receipt Of State Funds To Display State Flag; Limit State Appropriations For Agencies Failing To Comply With Provisions; Provide For Enforcement, Darren Summerville

Georgia State University Law Review

The Act establishes a new design for the Georgia state flag, replacing the version adopted by the General Assembly in 1956. The Act also slightly modifies the design and description of the state seal; the new great seal is incorporated as a substantial portion of the new flag design. The Act also amends the Georgia Budget Act by requiring those state agencies eligible for the receipt of state funds to display the new flag; those agencies in noncompliance with this mandate are subject to denial of further appropriations. Finally, the Act preserves and protects existing state and local memorials and …