Law Commons^™

Voluntary Disclosure Of Hiv/Aids Status By A Public Health Official To Law Enforcement Agents: The Shortcomings Of South Dakota's Law Section 34-22-12.1(6) And Traditional Public Health Measures, Daniel C. Moon

Daniel C Moon

Section 34-22-12.1(6) of South Dakota’s Codified Laws grants the Secretary of the Health Department to disclose private medical information regarding an individual’s HIV/AIDS status if he or she thinks that that individual is engaged in intentionally infecting another person with HIV/AIDS. This law is problematic because it does not (1) adequately protect an individual’s privacy, and (2) achieve its public health goals. From the privacy aspect, it provides less protection to information regarding an individual’s HIV/AIDS status from three aspects: (1) less protection than the same information possessed by covered entities under the Health Insurance Portability and Accountability Act (“HIPAA”), …

Ensuring A Right Of Access To The Courts For Bias Crime Victims: A Section 5 Defense Of The Matthew Shepard Act, Jordan Woods

Jordan Blair Woods

How The Government Can Protect Home Mortgage Consumers: A Proposal To Provide Consumers A Risk Assessment Of Mortgages, Adeline Park

Adeline Park

The recent sub-prime mortgage crisis has revealed the consumer’s vulnerability in the home mortgage marketplace. Consumers face an overwhelming variety of mortgage options, and are not motivated to invest the necessary time and resources to comprehend the meaning and implications of each loan feature. I propose that the government assess the risk of each loan feature available in the home mortgage market, based on the historical number of foreclosures each loan type has yielded. The government will then require lenders to display the risk assessment icon on all sales, marketing, and advertising materials. The risk assessment icon will identify the …

Habitations Of Cruelty - Pitfalls Of Expanding Hate Crime Legislation To Include The Homeless, Scott Steiner

Scott A Steiner

Hate crime law has developed and expanded substantially since its earliest forms. A concerted effort is currently underway to expand existing hate crime legislation to include the homeless.

This paper provides a history of both state and federal hate crime legislation, examines precisely what a hate crime is (and how that definition differs from state to state), explores the growing problem of violence against the homeless, and analyzes recent developments in expanding state and local law to protect based on homelessness.

It offers both arguments in favor and arguments against the expansion of hate crime laws to include the homeless …

Habitations Of Cruelty - Pitfalls Of Expanding Hate Crime Legislation To Include The Homeless, Scott A. Steiner

Scott A Steiner

Hate crime law has developed and expanded substantially since its earliest form. A concerted effort is currently underway to expand existing hate crime legislation to include the homeless.

This paper provides a history of both state and federal hate crime legislation, examines precisely what a hate crime is (and how that definition differs from state to state), explores the growing problem of violence against the homeless, and analyzes recent developments in expanding state and local law to protect based on homelessness.

It offers both arguments in favor and arguments against the expansion of hate crime laws to include the homeless …

The Perverse Effect Of Campaign Contribution Limits: Making The Amount Of Money That Can Be Offered Smaller Increases The Likelihood Of Corruption In The Federal Legislature, Philip Nichols

Philip M. Nichols

Corruption is an important issue, which poses a special threat to the democratic institutions and integrity of the United States. The purpose of campaign finance regulation is to reduce or eliminate corruption. Congress has enacted substantial legislation for this purpose, yet corruption flourishes. This paper suggests that the campaign finance laws fail to take into account the actual decisionmaking process of a legislator contemplating a corrupt act. By diagramming that process, this paper demonstrates that the legislation, which focuses on limiting the size of individual campaign contributions, actually increases the likelihood of corruption. An understanding of the decisionmaking process points …

Waging War With Wal-Mart: A Cry For Change Threatens The Future Of Industrial Loan Corporations, Zachariah J. Lloyd

Zachariah J. Lloyd

Although ILCs have existed with relatively little fanfare for decades and several blue chips already control ILCs of their own, Wal-Mart’s ILC application created unprecedented opposition and drastic calls for legislative action from nearly every arena to prevent Wal-Mart and other giant retailers like it from controlling a banking institution. The purpose of this Note is to chronicle the development of the ILC industry and analyze whether the separation of banking and commerce is a justifiable basis for opposing ILCs. Part II will address: the history of the ILC, from its creation to emergence as the banking entity of choice …

“Regulating The Political Thicket: Congress, The Courts, And State Reapportionment Commissions", David A. Schultz

David A Schultz

No abstract provided.

The Trouble With Stockjobbers: The South Sea Bubble, The Press And The Legislative Regulation Of The Markets, Benedict Sheehy

Benedict Sheehy

Abstract: The South Sea Bubble Act of 1721 is often taken as the first securities legislation. Further it is understood to be a response to a stock market scandal. In fact, the Act was enacted prior to the scandal and indeed the likely cause of the collapse of the stock bubble itself. This article reviews the historical context, including the finance of government of the era, the development of the South Sea Company and its bubble, the legislation, burst and subsequent effects. It places securities legislation in its historical context as part of a broader movement in corporate law, shifting …

Liars And Terrorists And Judges, Oh My: Moral Panic And The Symbolic Politics Of Appellate Review In Asylum Cases, Eric M. Fink

Eric M Fink

As part of the REAL ID Act, Congress amended the Immigration and Nationality Act to restrict judicial review of adverse credibility determinations by immigration judges. The change came in the wake of controversy of judicial reversals of adverse credibility determinations that the reviewing courts saw as inappropriately speculative and lacking in evidentiary support. Critics, including some appellate judges, have in turn alleged that the appellate courts have been insufficiently deferential to the factual determinations of Immigration Judges (IJs) and the BIA.

This paper examines the argument offered in support of limiting judicial review in this area, and provides an empirical …