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Full-Text Articles in Legislation

Punitive Preemption And The First Amendment, Rachel Proctor May Aug 2018

Punitive Preemption And The First Amendment, Rachel Proctor May

San Diego Law Review

In recent years, state legislators have begun passing a new breed of “punitive” preemption laws–those that impose fines, civil and criminal sanctions, and other sanctions on local governments and their officials as a consequence of passing laws or enacting policies that are inconsistent with state laws. This represents a significant change from traditional preemption, under which a local government could enact laws based on its view of preempting state statutes and applicable state constitutional provisions and, if necessary, defend its interpretation in court. When punitive preemption prevents a local lawmaking process from taking place, the state forecloses a unique ...


The Legal Foundations Of White Supremacy, Erika Wilson Aug 2018

The Legal Foundations Of White Supremacy, Erika Wilson

DePaul Journal for Social Justice

No abstract provided.


Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren Aug 2018

Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren

DePaul Journal for Social Justice

No abstract provided.


Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen Aug 2018

Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen

DePaul Journal for Social Justice

No abstract provided.


Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Israel Doron Prof. Aug 2018

Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Israel Doron Prof.

DePaul Journal for Social Justice

No abstract provided.


“I Made A Huge Mistake With My Life” – The Harms Of Prostitution As Mis-Reflected In Israeli Law, Gal Amir, Shulamit Almog Aug 2018

“I Made A Huge Mistake With My Life” – The Harms Of Prostitution As Mis-Reflected In Israeli Law, Gal Amir, Shulamit Almog

DePaul Journal for Social Justice

No abstract provided.


Above Politics: Congress And The Supreme Court In 2017, Jason Mazzone Aug 2018

Above Politics: Congress And The Supreme Court In 2017, Jason Mazzone

Chicago-Kent Law Review

The Supreme Court figured prominently in the November 2016 elections because of the vacancy on the Court that resulted from the death of Justice Antonin Scalia. This Essay picks up the story by examining the place of the Supreme Court in national politics during 2017. It traces congressional efforts to respond to statutory and constitutional rulings by the Court as well as steps to regulate the operations of the Court and the work of the Justices. Although in 2017 Republicans and Democrats introduced numerous bills directed at the Court, these bills were generally modest in scope and, even so, did ...


The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora Aug 2018

The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora

History Theses

The passage of the Seventeenth Amendment helped to democratize the United States Senate and tied the legislative branch closer to the people, but it undermined the links between the state and the federal systems. Any thoughtful discussion on the Progressive Era will generally lead towards the idea of increased involvement of both the government, at all levels, in the lives of the general population, and the increased involvement of the general population in the functioning of the government at large. One seemingly obvious decision made in the early part of the 20th century was the implementation of the Seventeenth ...


The End Of The Home Affordable Modification Program And The Start Of A New Problem, Christopher K. Whelan Jul 2018

The End Of The Home Affordable Modification Program And The Start Of A New Problem, Christopher K. Whelan

Brooklyn Law Review

The mortgage crisis hit the United States hard, leaving millions of homeowners facing hardship and foreclosure. One of many programs enacted during the mortgage crisis was the Home Affordable Modification Program (HAMP). The Obama Administration set out to assist three to four million struggling homeowners in modifying their mortgages and avoiding foreclosure. This note examines HAMP, focusing on the years of litigation that shaped HAMP, giving life to a program that was built on a foundation ready to crack. HAMP provided homeowners with modified mortgage payments, typically beginning with a trial period plan. Once completed, homeowners were routinely denied, resulting ...


Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen Jul 2018

Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen

Brooklyn Law Review

Under 8 U.S.C. § 1226(c), Congress mandates that the Attorney General detain criminal immigrants upon release from prison. The statute neither provides a temporal limitation to detention nor does it afford a criminal immigrant periodic bond hearings to determine whether he or she is a flight risk or danger to the community. Thus, until an immigration judge decides whether a criminal immigrant should be removed from the United States, that person remains detained. With the unprecedent backlog in immigration courts, criminal immigrants are waiting longer for a removal hearing, which means longer time spent in detention with no ...


U.S. Government Aviation Safety Information Resources, Bert Chapman Jul 2018

U.S. Government Aviation Safety Information Resources, Bert Chapman

Libraries Faculty and Staff Presentations

Presentation covering U.S. Government aviation safety information resources. Topics addressed include U.S. laws,legislation, regulations, court cases, information resources from agencies such as the Federal Aviation Administration, Transportation Security Administration, National Aeronautics and Space Administration, congressional aviation oversight committees and congressional support agencies including the Congressional Budget Office, Congressional Research Service, and Government Accountability Office.


Fair Share: Reinvigorating The Twin Cities’ Regional Affordable Housing Calculus, Chase Hamilton Jul 2018

Fair Share: Reinvigorating The Twin Cities’ Regional Affordable Housing Calculus, Chase Hamilton

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Legislation Committee Charge, Legislation Committee Summit For Civil Rights Jul 2018

Legislation Committee Charge, Legislation Committee Summit For Civil Rights

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Segregation Now, Segregation Tomorrow, Segregation Forever?, Elizabeth K. Julian Jul 2018

Segregation Now, Segregation Tomorrow, Segregation Forever?, Elizabeth K. Julian

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil Jul 2018

The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon Jul 2018

50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon

Law & Inequality: A Journal of Theory and Practice

Abridged Transcript, The Summit for Civil Rights, November 9, 2017


A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale Jul 2018

A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale

Law & Inequality: A Journal of Theory and Practice

Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017


Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller Jul 2018

Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller

Washington and Lee Law Review Online

William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts to protect that same class or right. Dignity helps explain the Court’s halting approach to Reconstruction Amendment enforcement power more generally – an approach in which constitutional versus unconstitutional legislation turns on seemingly insignificant regulatory distinctions. And dignity’s role in § 5 ...


Nfib V. Sebelius At 5, Nicole Huberfeld Jun 2018

Nfib V. Sebelius At 5, Nicole Huberfeld

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton Jun 2018

Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton

Seattle University Law Review

Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the ...


Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq. Jun 2018

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.

St. Mary's Law Journal

Abstract forthcoming


Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang Jun 2018

Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang

Brooklyn Journal of Corporate, Financial & Commercial Law

In recent years, green bonds have emerged as a way for the financial industry to contribute to environmentally friendly projects, combat climate change, and provide funds for green infrastructures across the world. While the green bond market has expanded drastically across large nations in Europe and Asia, market growth has stalled in the United States, in part due to a lack of promising regulations in the United States. Existing regulations on green bond issuance in the United States only exists in the form of non-binding international guidelines. This Note reviews the benefits and potentials of green bonds both as an ...


The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung Jun 2018

The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung

Brooklyn Journal of Corporate, Financial & Commercial Law

As the world braces itself for the unveiling of autonomous vehicles, the idea of regulation and oversight has gone largely undetected. Though some states have already begun enacting legislation ahead of the technology’s wide release, the regulatory landscape across the country is in disarray. It is imperative that both manufacturers and consumers be given some sort of uniform understanding as to how the automation is overseen throughout the manufacturing process and how liability will be levied in the case of inevitable mistakes on our nation’s roadways. This Note proposes that the National Highway Traffic Safety Administration be responsible ...


A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky Jun 2018

A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh ...


Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham Jun 2018

Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission and the Commodity Futures Trading Commission were directed by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) to create whistleblower protection programs that reward informants with massive bounty payments. At the time of its passage, the Dodd-Frank Act was a highly controversial statute that was passed on partisan lines. Its whistleblowing authority was one of its “most contentious provisions.” As the result of the 2016 elections, the Dodd-Frank Act has come under renewed attack in Congress and by the new Trump administration. The stage is being set for possible repeal of ...


Sourcing Service Receipts For Franchise Tax Apportionment In Texas, Ray Langenberg, Matt Jones Jun 2018

Sourcing Service Receipts For Franchise Tax Apportionment In Texas, Ray Langenberg, Matt Jones

St. Mary's Law Journal

Abstract forthcoming


The Rhetorical Canons Of Construction: New Textualism's Rhetoric Problem, Charlie D. Stewart Jun 2018

The Rhetorical Canons Of Construction: New Textualism's Rhetoric Problem, Charlie D. Stewart

Michigan Law Review

New Textualism is ascendant. Elevated to prominence by the late Justice Antonin Scalia and championed by others like Justice Neil Gorsuch, the method of interpretation occupies an increasingly dominant place in American jurisprudence. Yet, this Comment argues the proponents of New Textualism acted unfairly to reach this lofty perch. To reach this conclusion, this Comment develops and applies a framework to evaluate the rhetoric behind New Textualism: the rhetorical canons of construction. Through the rhetorical canons, this Comment demonstrates that proponents of New Textualism advance specious arguments, declare other methods illegitimate hypocritically, refuse to engage with the merits of their ...


A (Re)Adoption Story: What Is Driving Adoptive Parents To Rehome Their Children And What Can Texas Do About It, Emma Martin Jun 2018

A (Re)Adoption Story: What Is Driving Adoptive Parents To Rehome Their Children And What Can Texas Do About It, Emma Martin

Texas A&M Law Review

Ava was adopted from Africa when she was four years old. She became the baby sister to two older brothers and the daughter to two loving, experienced parents. A year or two after Ava moved to America, she and her “forever family” attended a Colorado summer camp. All was seemingly well until the camp staff and the other families at camp started to notice something strange about the way Ava’s parents treated her compared to her brothers. After an activity, the parents greeted the brothers with an excited “did you have fun?” or “what did you learn?,” while the ...


Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation, Wynee Ngo Jun 2018

Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation, Wynee Ngo

Brooklyn Journal of International Law

In the face of environmental turmoil; countries across the world are implementing measures to mitigate the deteriorating effects that common day practices have on the ecosystem. The European Union has implemented directives to govern plastic use on a continental scale. On the other hand; the African Union (AU) has been silent on plastic use; despite a string of African countries implementing stringent plastic reform legislation. This Note will examine the European Union and AU’s international frameworks and powers; while also detailing currently enacted EU directives and African state-level regulations. It will then conduct a comparative analysis of the AU ...


Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties, Caitlin M. Baranowski Jun 2018

Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties, Caitlin M. Baranowski

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, the New York City Council enacted the Freelance Isn’t Free Act (FIFA) to protect freelancers from non-payment. Among FIFA’s protections is the requirement that hiring parties provide a written contract to freelancers for any work exceeding $800 over a 120-day period. As the nation’s first legislation ensuring freelancers’ rights, FIFA marks a major turning point in the development of protections for the gig economy’s growing independent workforce. While its purpose is laudable and necessary, this Note argues that FIFA is currently too ambiguous. To resolve FIFA’s ambiguity, this Note recommends, at the very least ...