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Full-Text Articles in Legislation

Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri May 2018

Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri

St. Mary's Journal on Legal Malpractice & Ethics

Corporate law norms are reflected in lawyers’ ethical duties. The enactment of benefit corporation legislation across the country signals a legislative acknowledgment that corporate law can serve as a public, rather than a merely private, ordering mechanism. Benefit corporations expressly adopt a public benefit as a legal purpose of the enterprise. While many have written about this important development with respect to corporate fiduciary law, this essay is the first to explore the professional and ethical responsibility of lawyers representing benefit corporations. In the last century, as scholars and courts drove an understanding of corporate law that elevated the interests ...


The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav May 2018

The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav

Master's Projects and Capstones

Mongolia, land-locked between two politically, economically, and militarily powerful nations — Russia and China — often must balance its foreign and security policies with its two neighbors and countries beyond. When discussing Mongolia’s foreign policy and security apparatus, historians and scholars look at the international relations of East Asia as a whole. This is the case not because Mongolia’s foreign policy is insignificant but because greater powers impose greater influence on smaller states. Mongolia’s partial involvement in World War II (WWII), and the Cold War introduced new challenges as well as opportunities for Mongolia to modernize its foreign policy ...


A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks May 2018

A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

No abstract provided.


The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson May 2018

The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson

Honors Theses AY 17/18

Copyright term extension is often a contentious topic among copyright owners, corporate lobbyists, and opponents of copyright extension. The history of copyright law spans more than 225 years and has always been an ever-evolving process. The Copyright Act of 1790 was the first statute in the United States to identify definite provisions of copyright law and permitted authors the right to their intellectual property for a duration of 14 years. Today, depending on the type of work, copyright terms can reach up to 120 years. Historically, Disney has been exceedingly protective of their intellectual property and is a prominent supporter ...


Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang May 2018

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in ...


Towards The Second Founding Of Federal Sentencing, Dawinder S. Sidhu May 2018

Towards The Second Founding Of Federal Sentencing, Dawinder S. Sidhu

Maryland Law Review

In 1987, the Nation’s first attempt to standardize federal sentencing came in the form of the United States Sentencing Guidelines. Following United States v. Booker, however, the Guidelines project began bending, and today it is now all but broken, besieged by complexity, undue severity, and the very disparities that it was designed to limit. This Article responds to this crisis by establishing the blueprint for an alternative federal sentencing model. Under this proposal, sentencing determinations would be based on statutory grades and unweighted aggravating and mitigating factors. This approach brings coherence to the purposes of punishment and, by deemphasizing ...


Ethereum And The Sec: Why Most Distributed Autonomous Organizations Are Subject To The Registration Requirements Of The Securities Act Of 1933 And A Proposal For New Regulation, Tiffany L. Minks May 2018

Ethereum And The Sec: Why Most Distributed Autonomous Organizations Are Subject To The Registration Requirements Of The Securities Act Of 1933 And A Proposal For New Regulation, Tiffany L. Minks

Texas A&M Law Review

In a world full of new technology, the risk of fraud is constantly increasing. In the securities industry, this risk existed long before the use of technology. Congress enacted the Securities Act of 1933 to combat the risk of fraud and misrepresentation in the sale of securities. By requiring full disclosure, investors have the opportunity to make informed decisions prior to investing. However, Distributed Autonomous Organizations (“DAOs”), through the use of blockchains and smart-contracts, engage in the sale of securities without fully disclosing the risks or complying with the registration requirements of the Securities Act of 1933. Compliance with the ...


When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner May 2018

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...


Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz May 2018

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro May 2018

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...


Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong May 2018

Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong

Michigan Telecommunications and Technology Law Review

The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive ...


Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer May 2018

Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer

Michigan Telecommunications and Technology Law Review

Over the past several years, two former bandmates in the 1960s rock group, The Turtles, have initiated several lawsuits against the popular music streaming services, Pandora and Sirius XM, arguing that the band owns common law copyrights in the sound recordings of its songs, and that these state-level copyrights grant the band an exclusive public performance right in its sound recordings. If accepted, this argument has the potential to significantly distort federal copyright policy because states would not be constrained by any of the balancing features of the Copyright Act, including Digital Millennium Copyright Act (DMCA) safe harbors for Internet ...


Wilderness, Luck & Love: A Memoir And A Tribute, Neil Kagan May 2018

Wilderness, Luck & Love: A Memoir And A Tribute, Neil Kagan

Michigan Journal of Environmental & Administrative Law

In 1983, I brought two lawsuits, my first in federal court. Together, these lawsuits were the catalyst responsible for breaking a years-long impasse over the fate of pristine wildlands under the supervision of the U.S. Forest Service. The lawsuits also pushed Congress to preserve more wildlands as wilderness than it would have otherwise. Congress preserved more than 8.2 million acres of land in eighteen states in 1984 all told.

Many forces and people were responsible for protecting wildlands in the United States as wilderness. I tell this story to recognize the one person who has never received any ...


Both Sides Of The Rock: Justice Gorsuch And The Seminole Rock Deference Doctrine, Kevin O. Leske May 2018

Both Sides Of The Rock: Justice Gorsuch And The Seminole Rock Deference Doctrine, Kevin O. Leske

Michigan Journal of Environmental & Administrative Law

Despite being early in his tenure on the U.S. Supreme Court, Justice Neil Gorsuch has already made his presence known. His October 16, 2017 statement respecting the denial of certiorari in Scenic America, Inc. v. Department of Transportation garnered significant attention within the legal community. Joined by Chief Justice John Roberts and Justice Samuel Alito, Justice Gorsuch questioned whether the Court’s bedrock 2-part test from Chevron, U.S.A. v. NRDC—whereby courts must defer to an agency’s reasonable interpretation of an ambiguous statutory term—should apply in the case.

Justice Gorsuch’s criticism of the Chevron ...


Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu May 2018

Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii May 2018

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin May 2018

The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin

All Dissertations, Theses, and Capstone Projects

Autonomous vehicle technology is poised to revolutionize transit around the world. There are currently tens of private companies either testing or building autonomous vehicles, including industry juggernauts like Ford and Google. This new mode of transportation falls into a regulatory grey area. Once cars reach full autonomy, governments will have to decide what entities will regulate them, where they will be allowed to drive, who will be responsible for them and a host of other issues. In some municipalities like San Francisco and Phoenix, autonomous vehicles (AVs) are being tested on public streets in real life conditions. Meanwhile, in 2017 ...


Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos May 2018

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

All Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the ...


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey Apr 2018

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land and Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution actions ...


What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, Sean Griffith, Jane A. Norberg, Ian Engoron, Alice Brightsky, Tracey Mcneil, Jennifer M. Pacella, Judith Weinstock, Jason Zuckerman Apr 2018

What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, Sean Griffith, Jane A. Norberg, Ian Engoron, Alice Brightsky, Tracey Mcneil, Jennifer M. Pacella, Judith Weinstock, Jason Zuckerman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Incapacitating Dangerous Repeat Offenders (Or Not): Evidentiary Restrictions On Armed Career Criminal Act Sentencing In United States V. King, Kayleigh E. Mcglynn Apr 2018

Incapacitating Dangerous Repeat Offenders (Or Not): Evidentiary Restrictions On Armed Career Criminal Act Sentencing In United States V. King, Kayleigh E. Mcglynn

Boston College Law Review

On March 30, 2017, in United States v. King, the United States Court of Appeals for the Sixth Circuit held that a sentencing court may not rely on information in bills of particulars for the Armed Career Criminal Act’s different-occasions inquiry. In so doing, the Sixth Circuit joined the Second, Fourth, Fifth, Seventh, Tenth, Eleventh, and D.C. Circuits in holding that sentencing courts deciding the different-occasions question may rely only on the evidentiary sources that the United States Supreme Court approved in Taylor v. United States in 1990 and Shepard v. United States in 2005. In contrast, on ...


A Case For Revisiting The Child Welfare Act, Hannah Dudley Apr 2018

A Case For Revisiting The Child Welfare Act, Hannah Dudley

Boston College Law Review

In 2017, in D.O. v. Glisson, the U.S. Circuit Court of Appeals for the Sixth Circuit held that the Child Welfare Act of 1980 (the “Act”) creates a privately enforceable right to foster care maintenance payments and that this right could be enforced by an individual through the use of § 1983. In a similar case, Midwest Foster Care and Adoption Ass’n v. Kincade, the Eighth Circuit held that the Act does not create a privately enforceable right and thus, could not be enforced through the use of 42 U.S.C. § 1983. This Comment argues that the ...


Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger Apr 2018

Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger

Journal of Legislation

No abstract provided.


Rejoining Moral Culpability With Criminal Liability: Reconsideration Of The Felony Murder Doctrine For The Current Time, William Bald Apr 2018

Rejoining Moral Culpability With Criminal Liability: Reconsideration Of The Felony Murder Doctrine For The Current Time, William Bald

Journal of Legislation

No abstract provided.


The Elephant In Nevada's Hotel Rooms: Social Consumption Of Recreational Marijuana, A Survey Of Law, Issues, And Solutions, Brent Resh, Alysa Grimes, Beatriz Aguirre Apr 2018

The Elephant In Nevada's Hotel Rooms: Social Consumption Of Recreational Marijuana, A Survey Of Law, Issues, And Solutions, Brent Resh, Alysa Grimes, Beatriz Aguirre

Nevada Law Journal Forum

Well known for its longstanding tradition of sanctioning and regulating the indulgence of activities almost universally considered “vices” (such as gambling, and even prostitution), Nevada now stands in a unique position on the frontlines of the state-level social experiment in marijuana decriminalization. Las Vegas—a mecca for tourists from around the world—has over forty-million annual visitorswho can now legally (at least under Nevada law) purchase up to one ounce of marijuana for recreational use. However, any consumption of that marijuana in a “public place,” retail marijuana store, or in a moving vehicle is a misdemeanor punishable by a fine ...


Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein Apr 2018

Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein

Journal of Legislation

No abstract provided.


"Thou Shalt Not Ration Justice": The Importance Of Autism Insurance Reform For Military Autism Families, And The Economic And National Security Implications Of Improving Access To Aba Therapy Under Tricare, Ariana Cernius Apr 2018

"Thou Shalt Not Ration Justice": The Importance Of Autism Insurance Reform For Military Autism Families, And The Economic And National Security Implications Of Improving Access To Aba Therapy Under Tricare, Ariana Cernius

Journal of Legislation

No abstract provided.


Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk Apr 2018

Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk

Journal of Legislation

No abstract provided.


The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig Apr 2018

The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig

Journal of Legislation

No abstract provided.


The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris Apr 2018

The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris

Journal of Legislation

No abstract provided.