Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legislation (2)
- Civil rights (1)
- Constitutional law (1)
- Economic rights (1)
- Ethics (1)
-
- Human rights (1)
- Insurance (1)
- International human rights (1)
- Judicial discretion (1)
- Judicial enforcement (1)
- Mistretta (1)
- Nondelegation Doctrine (1)
- Originalism (1)
- Political rights (1)
- Precedent (1)
- Regulation (1)
- Scalia (1)
- Separation of powers (1)
- Social rights (1)
- Stare decisis (1)
- Whitman (1)
- Publication
- Publication Type
Articles 1 - 16 of 16
Full-Text Articles in Law
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Journal of Legislation
No abstract provided.
Baking Common Sense Into The Ferpa Cake: How To Meaningfully Protect Student Rights And The Public Interest, Zach Greenberg, Adam Goldstein
Baking Common Sense Into The Ferpa Cake: How To Meaningfully Protect Student Rights And The Public Interest, Zach Greenberg, Adam Goldstein
Journal of Legislation
No abstract provided.
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
Journal of Legislation
No abstract provided.
Chevron, And Beyond The Infinite: The Judicial And Legislative Challenges To The Administrative State, Shane Labarge
Chevron, And Beyond The Infinite: The Judicial And Legislative Challenges To The Administrative State, Shane Labarge
Journal of Legislation
No abstract provided.
A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas
A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas
Journal of Legislation
No abstract provided.
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Journal of Legislation
No abstract provided.
Compensatory Damages Are Not For Everyone: Section 1997e(E) Of The Prison Litigation Reform Act And The Overlooked Amendment, Eleanor M. Levine
Compensatory Damages Are Not For Everyone: Section 1997e(E) Of The Prison Litigation Reform Act And The Overlooked Amendment, Eleanor M. Levine
Notre Dame Law Review
Since the 2013 Amendment was passed, courts have continued to split regarding how to interpret § 1997e(e), but they have failed to consider whether the 2013 Amendment alters the meaning or clarifies Congress’s intentions with respect to § 1997e(e). This Note argues that the 2013 Amendment changes the plain meaning of § 1997e(e) such that it could lead to different outcomes in cases on both sides of the circuit split, ultimately concluding that it shows Congress intended the more restrictive interpretive approach to prevail. This Note further illustrates how the 2013 Amendment fails to adhere to the goals of either …
The Classical Avoidance Canon As A Principle Of Good-Faith Construction, Brian Taylor Goldman
The Classical Avoidance Canon As A Principle Of Good-Faith Construction, Brian Taylor Goldman
Journal of Legislation
No abstract provided.
The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton
The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton
Journal of Legislation
No abstract provided.
Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase
Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase
Journal of Legislation
No abstract provided.
California Propositions 62 & 66 As Misguided Models For The Capital Punishment Debate: The Argument For The Inclusion Of Catholic Social Teaching And Other Religious Denominations In The Discussion And A Proposed Solution, Cornelius V. Loughery
Journal of Legislation
No abstract provided.
Systemic Governmental Recalcitrance In Regulating Confidentiality Under The Child Abuse, Prevention & Treatment Act (Capta): A Case Study, William Wesley Patton
Systemic Governmental Recalcitrance In Regulating Confidentiality Under The Child Abuse, Prevention & Treatment Act (Capta): A Case Study, William Wesley Patton
Journal of Legislation
In 2003, Congress amended the Child Abuse, Prevention and Treatment Act (CAPTA) to provide states with more flexibility in designing open child dependency hearings. The Federal Children’s Bureau has interpreted those amendments as a congressional waiver of CAPTA confidentiality in open court proceedings, and there-fore, currently tens of millions of abused and neglected children no longer have federal protection from being re-traumatized by disclosure of confidential CAPTA child welfare case information. This article demonstrates that the Children’s Bureau’s statutory interpretation is inconsistent with congressional intent and that states are still mandated to reasonably prevent the republication of confidential data by …
Two Steps Forward, One Step Back: The Defend Trade Secrets Act Of 2016 And Why The Computer Fraud And Abuse Act Of 1984 Still Matters For Trade Secret Misappropriation, Patrick J. Manion
Two Steps Forward, One Step Back: The Defend Trade Secrets Act Of 2016 And Why The Computer Fraud And Abuse Act Of 1984 Still Matters For Trade Secret Misappropriation, Patrick J. Manion
Journal of Legislation
No abstract provided.
Dead Or Alive? The Law, Policy, And Market Effects Of Legislation On Unclaimed Life Insurance Benefits, James M. Carson, Robert E. Hoyt, Tim R. Samples
Dead Or Alive? The Law, Policy, And Market Effects Of Legislation On Unclaimed Life Insurance Benefits, James M. Carson, Robert E. Hoyt, Tim R. Samples
Notre Dame Journal of Law, Ethics & Public Policy
A wave of multi-state audits on the insurance industry’s use of the Social Security Administration’s Death Master File (DMF) stirred national controversy over the status of unclaimed life insurance proceeds. Multi-state investigations uncovered “asymmetric” use of the DMF among many large insurance companies. Accusations of unethical behavior led to numerous settlement agreements between state regulators and insurers. Payouts and fines stemming from these settlements already number in the billions of dollars. Legislative responses are also underway. Some states have adopted—and others are considering—legislation requiring life insurers to search the DMF to identify and pay (or eascheat) unclaimed death benefits. Currently, …
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Notre Dame Journal of Law, Ethics & Public Policy
The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …
Justice Scalia, The Nondelegation Doctrine, And Constitutional Argument, William K. Kelley
Justice Scalia, The Nondelegation Doctrine, And Constitutional Argument, William K. Kelley
Journal Articles
Justice Antonin Scalia wrote two major opinions considering the nondelegation doctrine. In Whitman v. American Trucking Associations, he accepted and applied a very broad, indeed virtually unlimited, view of Congress's power to delegate authority to administrative agencies that was consistent with the Court's precedents since the New Deal. In his dissent in Mistretta v. United States, however, he concluded that the constitutional structure formally barred the delegation of naked rulemaking power to an agency that was untethered to other law execution tasks. This essay analyzes Justice Scalia's nondelegation jurisprudence in light of the general jurisprudential commitments he championed throughout his …