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Full-Text Articles in Legislation

Leahy—Sharpening The Blade, Nandor F.R. Kiss Oct 2019

Leahy—Sharpening The Blade, Nandor F.R. Kiss

Pace International Law Review

Over the course of the last 20 years, the Leahy Law has become one of the cornerstones of foreign and human rights policy. Yet, despite its largely unchallenged importance, field practitioners and other stakeholders have identified a number of substantive and practical deficiencies that greatly diminish the law’s ability to achieve the desired effect, and worse, may pose a risk to the United States’ interests. In reflecting on these deficiencies, and armed with decades of data and anecdotal evidence, this Article proposes adjustments focused on better aligning the law’s intent and effect. These recommendations range from semantic edits ...


F18rs Sgr No. 18, Bridget Ryan Oct 2019

F18rs Sgr No. 18, Bridget Ryan

Student Senate Enrolled Legislation

A RESOLUTION TO COMMEND THE LSU STUDENT HEALTH CENTER AND STUDENT HEALTH CENTER EXECUTIVE DIRECTOR, D’ANN MORRIS FOR PROPERLY USING STUDENT FEES IN ITS OPERATIONS AND SERVICES


F19rs Sgb No. 2 (Order For Senators As Parliamentarian In Case Of Vacancy), Grashoff Oct 2019

F19rs Sgb No. 2 (Order For Senators As Parliamentarian In Case Of Vacancy), Grashoff

Student Senate Enrolled Legislation

To amend the Student Senate Rules of Order to allow Senators to Serve as Parliamentarian in the Case of a Vacancy in the Position.


Lawmakers As Job Buyers, Edward W. De Barbieri Oct 2019

Lawmakers As Job Buyers, Edward W. De Barbieri

Fordham Law Review

In 2013, Washington State authorized the largest state tax incentive for private industry in U.S. history. It is not remarkable for a state legislature to use tax benefits to retain a major employer—in this case, the global aerospace manufacturer Boeing. Laws across all states and thousands of cities routinely incentivize companies such as Amazon to relocate or remain in particular areas. Notably, however, Washington did not recover any of the subsidies it authorized despite Boeing’s significant post-incentive workforce reductions. This story leads to several important questions: (1) How effective are state and local legislatures at influencing business-location ...


F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon Oct 2019

F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon

Student Senate Enrolled Legislation

To amend the LSU Student Government Bylaws regarding executive staff and senatorial responsibilities


The Statutory Interpretation Muddle, Richard H. Fallon, Jr. Oct 2019

The Statutory Interpretation Muddle, Richard H. Fallon, Jr.

Northwestern University Law Review

Debates about statutory interpretation typically proceed on the assumption that statutes have linguistic meanings that we can identify in the same way that we identify the meaning of utterances in ordinary conversation. But that premise is false. We identify the meaning of conversational utterances largely based on inferences about what the speaker intended to communicate. With legislatures, as now is widely recognized, there is no unitary speaker with the sort of communicative intentions that speakers in ordinary conversation possess. One might expect this recognition to trigger abandonment of the model of conversational interpretation as a framework for interpreting statutes. Instead ...


Book Review, Roberto Rosas Oct 2019

Book Review, Roberto Rosas

St. Mary's Law Journal

Abstract forthcoming


Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino Sep 2019

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Faculty Articles and Other Publications

This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court ...


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy Sep 2019

From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy

Frederick W. Dingledy

For a legal system to succeed, its laws must be available to the public it governs. This article looks at the methods used by different governments throughout history to publicize legislation and the rulers’ possible motivations for publication. It concludes by discussing how the Uniform Electronic Legal Material Act provides the next logical step in this long tradition of publicizing the law.


Felix Cohen On Legislation, Michael S. Green Sep 2019

Felix Cohen On Legislation, Michael S. Green

Michael S. Green

Felix Cohen's and Walter Wheeler Cook's prediction theory of law was a fundamentally positivist theory, according to which the law of a jurisdiction is reducible to regularities of official behavior. Cohen used the prediction theory to argue for philosophical anarchism - that is, the view that the existence of law does not entail a duty, even a prima facie duty, of obedience. In particular, Cohen extended philosophical anarchism to adjudication. The fact that officials in a jurisdiction regularly behave in a certain way does not give a judge adjudicating a case a moral reason to do the same. In ...


Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins Sep 2019

Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins

Neal E. Devins

No abstract provided.


Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl Sep 2019

Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

In the U.S. Senate, only one-third of the members stand for election every two years; the rest carry over from one congressional term to the next. In this regard the Senate differs from the House of Representatives, where all members stand for election every two-year cycle. That much is familiar, but what legal consequences flow from this structural difference? According to some legislators, courts, and commentators, this difference is very important in that it makes the Senate, but not the House, a "continuing body." The continuing-body idea is invoked to defend highly controversial aspects of Senate practice. By far ...


Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl Sep 2019

Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Presence Is No Present: From "Being" To "Eating" At The Table, Amiel B. Harper, Esq. Sep 2019

Presence Is No Present: From "Being" To "Eating" At The Table, Amiel B. Harper, Esq.

DePaul Journal for Social Justice

No abstract provided.


Addressing Police Accountability & Community Safety, Depaul Panel Sep 2019

Addressing Police Accountability & Community Safety, Depaul Panel

DePaul Journal for Social Justice

No abstract provided.


Welfare Reform & The Devaluation Of Women's Work, Anna Kerregan Sep 2019

Welfare Reform & The Devaluation Of Women's Work, Anna Kerregan

DePaul Journal for Social Justice

No abstract provided.


An Excerpt Of Iniquity: How Court Systems, Attorneys, And Legal Aid Organizations Cheated Homeowners In Foreclosure, Kelli Dudley Sep 2019

An Excerpt Of Iniquity: How Court Systems, Attorneys, And Legal Aid Organizations Cheated Homeowners In Foreclosure, Kelli Dudley

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, Depaul Journal For Social Justice Sep 2019

Table Of Contents, Depaul Journal For Social Justice

DePaul Journal for Social Justice

No abstract provided.


Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke Sep 2019

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

All Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies ...


In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey Aug 2019

In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey

Daniel A Farber

In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.

In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When should ...


Researching And Compiling Federal Legislative History, Adeen Postar Aug 2019

Researching And Compiling Federal Legislative History, Adeen Postar

Adeen Postar

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.


Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar Aug 2019

Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar

Adeen Postar

Fisher is currently the Scholar in Residence at the Constitution Project, and is well known for his many years as Senior Specialist on Separation of Powers at the Congressional Research Service and as Specialist in Constitutional Law at the Law Library of Congress. He has extensive experience testifying before Congress on topics that include Congress and the constitution, war powers, executive power and privilege, and several aspects of the federal budget and its processes. He has written numerous books on these topics, including (to name only a few) The President and Congress: Power and Policy (1972); Defending Congress and the ...


Measuring Regulation: A Labor Task-Based Approach, Michael Simkovic, Miao Ben Zhang Aug 2019

Measuring Regulation: A Labor Task-Based Approach, Michael Simkovic, Miao Ben Zhang

University of Southern California Legal Studies Working Paper Series

This paper uses occupational employment and wage data for over 270 industries from 1990 to 2017 to estimate the percentage of an industry's annual labor spending on performing regulation-related tasks. We hypothesize that this measure reflects the intensity of regulations that incentivize firm spending on compliance to avoid legal liability or regulatory sanctions. We study the sensitivity of this measure to shocks that change regulatory intensity in the finance and energy sectors. Compared to supply-side measures that count words in regulations, our response-based measure, Regulation Index, reflects broader sources of regulation, can better detect the impact of regulations, and ...


Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler Aug 2019

Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler

WRIT: Journal of First-Year Writing

In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a ...


The Yates Memo: Looking For "Individual Accountability" In All The Wrong Places, Katrice Bridges Copeland Aug 2019

The Yates Memo: Looking For "Individual Accountability" In All The Wrong Places, Katrice Bridges Copeland

Katrice Bridges Copeland

The Department of Justice has received a great deal of criticism for its failure to prosecute both corporations and individuals involved in corporate fraud. In an effort to quiet some of that criticism, on September 9, 2015, then Deputy Attorney General Sally Q. Yates issued a policy entitled, "Individual Accountability for Corporate Wrongdoing," or the "Yates Memo," as it has been called. The main thrust of the Yates Memo is that in order for a corporation to receive any credit for cooperating with the government and obtain leniency in the form of a deferred prosecution agreement, the corporation must not ...


A Better Hope For Campaign Finance Reform, Edward J. Mccaffery Aug 2019

A Better Hope For Campaign Finance Reform, Edward J. Mccaffery

University of Southern California Legal Studies Working Paper Series

There is too much money in American politics, and too much of it comes from too few citizens. Mega-donors like Sheldon Adelson or Tom Steyer make $100 million political expenditures every election cycle. Attempts to limit such large political contributions have failed at every level: judicially, legislatively, and administratively. Much of the academic literature has joined the real world’s sense of despair. This Article takes a new tack. By changing our tax system from an income to a consistent progressive spending tax, the true cost of political expenditures by mega-donors could increase tenfold. By using a strategy of taxing ...


The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania Aug 2019

The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania

Maine Law Review

State and local governments across the country are grappling with the rise of short-term housing rentals and how to enact effective regulation regarding their use. The increase of short-term rentals (STRs) is almost entirely the result of online platforms that make STRs easy, efficient, and accessible. While STRs undoubtedly have positive economic outcomes for both property owners and local economies, there are also many negative repercussions which must be effectively regulated. Regulation in this area reflects differing priorities and viewpoints of states and municipalities. Specifically, rural Maine municipalities, many of which are popular seasonal destinations, face not only the challenges ...


Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White Aug 2019

Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White

Maryland Law Review

No abstract provided.


The State Of Texas Concurrent Resolution 19r474, José Menéndez, Four Price Aug 2019

The State Of Texas Concurrent Resolution 19r474, José Menéndez, Four Price

St. Mary's Law Journal

Joint legislative resolution recognizing the St. Mary's Law Journal 50th anniversary in 2019.