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Articles 1 - 10 of 10
Full-Text Articles in Legislation
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Journal of Legislation
This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.
There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier
There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier
Journal of Legislation
No abstract provided.
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Journal of Legislation
The few states that have passed the Model Consumer Sales Practices Act have common definitions and case law regarding the definition of a “supplier.” This definition is broad enough to include managers of companies in limited liability entities in the states that have adopted the model act. The practicality is that business principals, owners, and managers can be held personally liable for deceptive practices under the state acts. But this is not a piercing of the corporate veil or of the limited-liability company. This Article is meant to accomplish four purposes: (1) exhibit the origins of the act, (2) show …
Michigan’S Driver’S Licensing Legislation: The Road To Unlicensed Drivers, Alexa Tipton
Michigan’S Driver’S Licensing Legislation: The Road To Unlicensed Drivers, Alexa Tipton
Journal of Legislation
No abstract provided.
Regulating The Political Wild West: State Efforts To Disclose Sources Of Online Political Advertising, Victoria Smith Ekstrand, Ashley Fox
Regulating The Political Wild West: State Efforts To Disclose Sources Of Online Political Advertising, Victoria Smith Ekstrand, Ashley Fox
Journal of Legislation
The problem of disinformation in online political advertising is growing, with ongoing and potential threats to campaigns coming from both within and outside the United States. Most scholarship in this area has focused on either disclosures and disclaimers under the proposed Honest Ads Act or other fixes aimed at a gridlocked Federal Election Commission (“FEC”). With federal reform at a standstill, states have jumped into the void. Between the 2016 presidential election and early 2020, eight states passed legislation to expressly regulate online political advertising for state candidates and ballot measures, including Maryland, whose state law was declared unconstitutional as …
Do We Need To Secure A Place At The Table For Women? An Analysis Of The Legality Of California Law Sb-826, Teal N. Trujillo
Do We Need To Secure A Place At The Table For Women? An Analysis Of The Legality Of California Law Sb-826, Teal N. Trujillo
Journal of Legislation
No abstract provided.
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Journal of Legislation
No abstract provided.
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
Journal of Legislation
No abstract provided.
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Journal of Legislation
No abstract provided.
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Journal of Legislation
This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.