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Articles 1 - 30 of 131
Full-Text Articles in Law
The Prospect And Perils Of Climate Preemption For Public Health, Sarah Fox
The Prospect And Perils Of Climate Preemption For Public Health, Sarah Fox
College of Law Faculty Publications
Climate change is disrupting many communities in the United States and around the world. Climate events like heat waves, hurricanes, drought, fire, and flooding will become much more frequent, and with them will come the need for robust health care responses. Given the widespread and boundary-crossing nature of the problem, an ideal response would possibly originate at the federal or state level. As illustrated by the COVID-19 pandemic, however, there is little guarantee that such a response will be forthcoming. Recent foreclosures of federal options for handling climate change make such a response even less likely. Instead, it seems likely …
A New Strategy For Regulating Arbitration, Sarath Sanga
A New Strategy For Regulating Arbitration, Sarath Sanga
Northwestern University Law Review
Confidential arbitration is a standard precondition to employment. But confidential arbitration prevents a state from ensuring or even knowing whether employees’ economic, civil, and due process rights are respected. Further, employers regularly require employees to waive rights to class proceedings (thereby foreclosing small claims) and to arbitrate under the laws of another jurisdiction (thereby evading mandatory state law). In response, states have tried to regulate arbitration provisions, arbitral awards, and arbitral processes. But these efforts have all failed because the Supreme Court says they are preempted by the Federal Arbitration Act.
In this Article, I argue that states can and …
Zygote Zeitgeist: Legal Complexities In The Expanding Practice Of Embryo Donation, Noah Geldberg
Zygote Zeitgeist: Legal Complexities In The Expanding Practice Of Embryo Donation, Noah Geldberg
Loyola of Los Angeles Law Review
In recent decades, individuals and couples facing the issue of infertility have been able to achieve parenthood through advances in assisted reproductive technology (ART), such as embryo donation. This Article evaluates the current law governing embryo donation, considers the different approaches courts and legislatures have taken to regulate embryo donation, and advocates for an approach that best balances the policy arguments underlying those approaches. Ultimately, this Article argues that contract law, rather than laws surrounding adoption, should govern embryo donations. This Article further argues that state legislatures should clarify the effectiveness of contract law within the field of embryo donation …
The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley
The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley
Scholarly Publications
Many states have delegated substantial authority to regulate federal elections to entities other than their institutional legislatures, such as independent redistricting commissions empowered to determine the boundaries of congressional districts. Article I’s Elections Clause and Article II’s Presidential Electors Clause, however, confer authority to regulate federal elections specifically upon State “legislatures,” rather than granting it to States as a whole. An intratextual analysis of the Constitution reveals that the term “legislature” is best understood as referring solely to the entity within each state comprised of representatives that has the general authority to pass laws. Thus, state constitutional provisions or laws …
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
The Education Duty, Scott R. Bauries
The Education Duty, Scott R. Bauries
Law Faculty Scholarly Articles
A constitution is an instrument of entrustment. By adopting a democratic constitution, a polity places in the hands of its elected representatives its trust that those representatives will act to pursue the ends of the polity, rather than their own ends, and that they will do so with an eye toward the effects of adopted policies. In effect, the polity entrusts lawmaking power to its legislature with the expectation that such power will be exercised with loyalty to the public and with due care for its interests. Simply put, legislatures are fiduciaries.
In this Article, I examine the nature of …
S11rs Sgr No. 21 (Flagship Coalition 2), Caffarel, Landry, Lemoine, Loga
S11rs Sgr No. 21 (Flagship Coalition 2), Caffarel, Landry, Lemoine, Loga
Student Senate Enrolled Legislation
No abstract provided.
Empathy's White Elephant: Responding To The Subprime Mortgage Crisis Without Denigrating The Poor, Adam J. Macleod
Empathy's White Elephant: Responding To The Subprime Mortgage Crisis Without Denigrating The Poor, Adam J. Macleod
Faculty Articles
Empathy is the new coverture. Before state legislatures abolished it in the nineteenth century, the plea of coverture nullified any attempts by a married woman to exercise sovereignty over her property. Just as coverture did to married women, the now-well-known call for empathy in our nation's judgments threatens to deny poor borrowers, as a class, the freedom and responsibility to manage their assets. Empathy, as the ideal judge would employ it, would impede the agency of, and thus denigrate, persons within that class. The injustice (and ground for the ultimate abolition) of coverture arose from its failure to respect women …
Direct Democracy And The Electoral College: Can A Popular Initiative Change How A State Appoints Its Electors?, Michael Mclaughlin
Direct Democracy And The Electoral College: Can A Popular Initiative Change How A State Appoints Its Electors?, Michael Mclaughlin
Fordham Law Review
This Note explores the constitutionality of a proposed popular initiative in California that would direct the manner in which the state appoints presidential electors. Article II, Section 1, Clause 2 of the U.S. Constitution gives the state legislature the power to direct the manner in which the state appoints its presidential electors. The issue presented in this Note is whether a popular initiative qualifies as a “state legislature” under Article II, Section 1, Clause 2. To answer this question, this Note first examines the history of the Elector Appointment Clause, with respect to the Electoral College and in light of …
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region
13 slides
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law
77 slides
New Mexico Water Stake In The Colorado River, Estevan R. Lopez
New Mexico Water Stake In The Colorado River, Estevan R. Lopez
Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)
Presenter: Estevan R. Lopez, Interstate Stream Commission, New Mexico.
2 pages.
Beyond Congress: The Study Of State And Local Legislatures, Richard Briffault
Beyond Congress: The Study Of State And Local Legislatures, Richard Briffault
Faculty Scholarship
I'd like to thank the Journal of Legislation and Public Policy for inviting me back to N.Y.U. I am particularly grateful to have the opportunity to sit between and learn from Bill Eskridge and Beth Garrett, who have once again demonstrated in their comments today why they are leaders in this field. I understand now what it must have been like to be a student in a class with Eskridge as the professor and Garrett as a fellow student – can you imagine what an experience that must have been?
I am going to focus my remarks on state and …
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Utah Wilderness Debate (Or Is That Debacle), Jeffrey W. Appel
The Utah Wilderness Debate (Or Is That Debacle), Jeffrey W. Appel
Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)
95 pages (includes illustrations and maps).
Property Rights And Public Resources, Mark L. Pollot
Property Rights And Public Resources, Mark L. Pollot
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
4 pages.
Voting Rights, Home Rule, And Metropolitan Governance: The Secession Of Staten Island As A Case Study In The Dilemmas Of Local Self-Determination, Richard Briffault
Voting Rights, Home Rule, And Metropolitan Governance: The Secession Of Staten Island As A Case Study In The Dilemmas Of Local Self-Determination, Richard Briffault
Faculty Scholarship
On January 1, 1898, amid fanfare and celebration, the city of Greater New York – "the greatest experiment in municipal government the world has ever known" – was born. The consolidation of the cities, counties, and towns on the New York State side of New York Harbor into one great metropolis was a capstone to one century of rapid economic and population growth and a fitting harbinger of a new century of urban greatness for the region and, indeed, the nation. Now, with another century mark approaching, there is a distinct possibility that the City of New York, already beset …
Our Localism: Part I – The Structure Of Local Government Law, Richard Briffault
Our Localism: Part I – The Structure Of Local Government Law, Richard Briffault
Faculty Scholarship
Two themes dominate thejurisprudence of American local government law: the descriptive assertion that American localities lack power and the normative call for greater local autonomy. The positive claim of local legal powerlessness dates back to the middle of the nineteenth century and continues to be affirmed by treatises and commentators as a central element of state-local relations. The argument for local selfdetermination has a comparably historic pedigree and broad contemporary support. The scholarly proponents of greater local power – what I will call "localism" – make their case in terms of economic efficiency, education for public life and popular political …
Our Localism: Part Ii – Localism And Legal Theory, Richard Briffault
Our Localism: Part Ii – Localism And Legal Theory, Richard Briffault
Faculty Scholarship
A central theme in the literature of local government law is that local governments are powerless, incapable of initiating programs on behalf of their citizens or of resisting intrusions by the state. How can scholars make this claim when under state legislation and federal and state judicial decisions local autonomy plays a critical role in the law of school finance, land-use regulation and local government formation and preservation? As we have seen, a partial response turns on the varying assessments of the nature of power. But much of the answer also has to do with differing assumptions about the underlying …
How Citizens Can Use The Initiative Power, Robert L. Scott
How Citizens Can Use The Initiative Power, Robert L. Scott
IUSTITIA
The purpose of this discussion is to demonstrate how the initiative power may be employed by citizens wishing to pass a law independent of the state legislature. Although the initiative power is granted in many state constitutions, in the past it has been used sparingly. However during these days of political activism the initiative power has been given new vitality. For example, in the area of environmental law it has been employed by citizens groups in such states as California, Illinois, and Wisconsin to reserve greater individual rights against environmental polluters.
The Powers Of Home Rule Cities In Colorado, Howard C. Klemme
The Powers Of Home Rule Cities In Colorado, Howard C. Klemme
Publications
No abstract provided.
Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson
Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson
Law Faculty Scholarly Articles
In its continuing role as guardian of citizens’ constitutional rights, the Supreme Court in Baker v. Carr unlocked widespread concern for equal representation in state legislatures. Having been suppressed for two decades in which an amazing shift of population has occurred, the question of reapportionment and what to do about it had become one of great importance. In November, 1960, apportionments of 30 state legislatures had been challenged in state and federal courts. In addition, ten cases of an electoral character are presently on the docket of the Supreme Court of the United States.
Apart from the legal implications and …
Journal Of The Senate Of The Commonwealth Of Kentucky, December 30, 1885 - May 18, 1886, Kentucky. General Assembly. Senate.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 30, 1885 - May 18, 1886, Kentucky. General Assembly. Senate.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1883 - May 12, 1884, Kentucky. General Assembly. Senate.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1883 - May 12, 1884, Kentucky. General Assembly. Senate.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Journal Of The Senate Of The Commonwealth Of Kentucky, November 28, 1881 - April 24, 1882, Kentucky. General Assembly. Senate.
Journal Of The Senate Of The Commonwealth Of Kentucky, November 28, 1881 - April 24, 1882, Kentucky. General Assembly. Senate.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1879 - May 6, 1880, Kentucky. General Assembly. Senate.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1879 - May 6, 1880, Kentucky. General Assembly. Senate.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, December 31, 1877 - April 10, 1878, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, December 31, 1877 - April 10, 1878, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1877 - April 10, 1878, Kentucky. General Assembly. Senate.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1877 - April 10, 1878, Kentucky. General Assembly. Senate.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1875 - March 20, 1876, Kentucky. General Assembly. Senate.
Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1875 - March 20, 1876, Kentucky. General Assembly. Senate.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, December 31, 1875 - March 20, 1876, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, December 31, 1875 - March 20, 1876, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.