Law Commons^™

Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski

All Faculty Scholarship

To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains ...

Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran

Law Faculty Scholarship

Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional ...

Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson

Georgetown Law Faculty Publications and Other Works

States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even within states there may be geographic diversity or different selection systems for different levels of courts. Elections can be partisan or non-partisan, contested, or, as in merit-selection states, retention. Some states have dabbled in public financing of judicial elections. Reformers are most critical of contested partisan elections. Those are the elections where the most money is spent, the nastiest ads aired, and the dignity of ...

14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

11 pages.

"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).

Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

24 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado." Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 331 (2013).

Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller Ed.

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

21 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 355 (2013).

Innovation And Competition Policy: Statutory Supplement And Other Materials, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

This Supplement to Cases and Materials on Innovation and Competition Policy includes the following: (1) a statutory supplement containing relevant provisions of the antitrust laws, the Patent Act, the Copyright Act, and the DMCA: (2) an annotated table of contents. Other supplemental materials, including discussion of recent decisions or other developments, will be added from time to time.

This book will be supplemented frequently as important new decisions or other developments occur. However, the author will attempt not to revise individual chapters during the course of the academic semester in order to avoid confusion in pagination or printing. Instead, supplemental ...

Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri

Law Student Publications

This comment argues that the best way to clarify the answer to the question "Who's the author?" (and thus to clarify whether the creator has a termination right) is to resolve the circuit split in favor of a bright-line rule requiring execution of the written agreement prior to the creation of the work. Part I introduces the legal framework under which the issue must be analyzed. Part II reviews the holdings on each side of the circuit split. Part III presents the arguments that both proper statutory construction of U.S. copyright law and the legislative history of the ...

Chief Justices Marshall And Roberts And The Non-Self-Execution Of Treaties, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

This article is a response to David L. Sloss, Executing Foster v. Neilson: The Two-Step Approach to Analyzing Self-Executing Treaties, 53 Harv. Int'l L L.J. 135 (2012).

David Sloss’s article, Executing Foster v. Neilson, is an important contribution to the literature on the judicial enforcement of treaties. The author agrees with much of it, as he agrees with much of Professor Sloss’ other writing on treaties. In particular, the author agrees that the two-step approach to treaty enforcement that Professor Sloss proposes is generally the right approach, and he agrees that the “intent-based” approach to the self-execution ...

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs ...

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.

The Canon At The Water's Edge, Thomas B. Bennett

Faculty Publications

What motivates substantive presumptions about how to interpret statutes? Are they like statistical heuristics that aim to predict Congress's most likely behavior, or are they meant to protect certain underenforced values against inadvertent legislative encroachment? These two rationales, fact-based and value-based, are the extremes of a continuum. This Note uses the presumption against extraterritoriality to demonstrate this continuum and how a presumption can shift along it. The presumption operates to diminish the likelihood that a federal statute will be read to extend beyond the borders of the United States. The presumption has been remarkably stable for decades despite watershed ...

S12rs Sgr No. 26 (Speech Fee), Baudoin

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 30 (Venture Challenge), Vincent

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 43 (Zip Car), Wyatt

Student Senate Enrolled Legislation

A RESOLUTION

to urge and request Louisiana State University implement a car-sharing program.

S12rs Sgr No. 42 (Paper Sustainability), Wyatt

Student Senate Enrolled Legislation

A RESOLUTION

to urge and request Louisiana State University fully implement its power-savings management software

to reduce utility costs.

S12rs Sgb No. 1 (Comm Director), Caffarel

Student Senate Enrolled Legislation

A BILL

To amend the Senate Rules of Order

S12rs Sgr No. 8 (Smoking Receptacles), Bostick

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 27 (Sb 579), Pace

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 13 (Free Speech Take Two), Covell, Glorioso

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 22 (Hillel Congrats), Martin

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 45 (Programming Congrats), Caffarel, Westbrook

Student Senate Enrolled Legislation

A Resolution

To congratulate the Executive Department of Programming and the members of Students on Target for a phenomenal 2012 Groovin’ on the Grounds

S12rs Sgr No. 44 (Health Center Expansion), Vincent

Student Senate Enrolled Legislation

A RESOLUTION

To Support the LSU Student Health center (shc) in the Renovation and use of the Building Adjacent to the SHC known as the Dean French House as a Collegiate Recovery center for students with a history of addiction or issues surrounding personal trauma which may inlcude Students with alcohol and or substance abuse; student veterans Transitioning from Military to Campus Life; students with disordered eating; and/or students facing issues from physical or sexual assault

S12rs Sgfb No. 6 (Isi Speaker), West, Eicher, Eastman

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgb No. 4 (Budget), Beadle

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Budget to reflect the 2012 spring student body

full-time enrollment

S12rs Sgfb No. 5 (Sustainable Edible), Wyatt

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate one-thousand, two-hundred and fifty-six dollars and fifty cents ($1,256.50) from the Student Senate General Contingency Account to fund the materials for the installation of Sustainable Edible Landscaping on campus.

S12rs Sgb No. 5 (Bylaws), Caffarel, Ecker

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Bylaws

S12rs Sgr No. 18 (Bike Pumps), Ecker

Student Senate Enrolled Legislation

No abstract provided.