Legislation Commons^™

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …

The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons

Kaiya Amelia Lyons

No abstract provided.

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.

Developments In Animal Law: An Evolving Area In Virginia Law, Ryan Murphy

University of Richmond Law Review

No abstract provided.

Lessons From Institutional Shareholder Services: Governing Benefit Corporations' Third-Party Standard, Tammi S. Etheridge

Michigan Business & Entrepreneurial Law Review

Almost one hundred years ago, Henry Ford, as CEO of the Ford Motor Company, announced a plan to cease payment of special dividends to shareholders. Instead, the company would reinvest its profits to employ more workers and build more factories. Investing in new workers and factories would cut the cost of cars and make them affordable to more people. Ford publicly declared that his “ambition [was] to employ still more men, to spread the benefits of this industrial system to the greatest possible number, to help them build up their lives and their homes. To do this we are putting …

California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias

Tim Iglesias

Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.

This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …

Ohio's Newest Consumer Protection: The Prepaid Entertainment Contract Act, Sandra S. Braden

Akron Law Review

The Prepaid Entertainment Contract Act is not complex in its drafting and should be readily understandable by the consumer in informing him of his rights under a future service contract. There are, however, several aspects of PECA which will require clarification. First, the definition of "first service" will present problems in construction if a practical application of the Act is to be realized. Second, the extent to which a violation of this Act constitutes a per se deceptive act under the Consumer Sales Practices Act may require interpretation.' Third, a proposed Trade Regulation Rule by the Federal Trade Commission concerning …

Perspectives On Ohio Bingo Regulation: An Historical Analysis And Proposals For Change, Patricia Ravenscraft, Elizabeth Reilly

Akron Law Review

"ONE NEED not do extensive research into the historical background of bingo or lottery regulation in the State of Ohio before becoming aware that the current state of confusion in the law is not without precedent. Particularly in the large metropolitan centers, regulating and policing schemes and games of chance have presented a perennial problem.' With the advent of constitutionally authorized charitable bingo in November of 1975,' several legislative regulatory schemes were enacted. Each eventually gave rise to a more serious proliferation of problems in enforcing the legislative limitations. The critical proportions of the bingo problem were reflected in Amended …

17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

The Ohio "Sunshine" Act: An Appraisal, Frederic White

Akron Law Review

T HE OHIO OPEN MEETINGS or "Sunshine" law has existed in its present form since November 28, 1975 [hereinafter the "Sunshine Law" or "The Act"].' So-called open meeting legislation is neither new or unique to Ohio. Indeed, every state has enacted one or more open meetings laws. This article will examine the Sunshine Law to determine whether it has served its purpose, that is, making the processes of government more accessible to the citizens of the state of Ohio, and suggest some changes to increase the effectiveness of the legislation.

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan

Indiana Law Journal

This Note evaluates the transformation of Indiana’s expungement law. Part I addresses the socioeconomic impacts of a criminal record. Part II presents normative arguments both for and against expungement, concluding that the balance tips in favor of forgiveness. Parts III–IV discuss Indiana’s original expungement provisions, the 2013 statute, and the 2014 amendments. Part V explores the reaction to the new law. Finally, Part VI offers recommendations to improve the statute so that its second-chance promise is equitable, accessible, and robust.

An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

Cooperative Mineral Interest Development In The Lone Star State: It's Time To Mess With Texas, Matthew K. Trawick

Michigan Journal of Environmental & Administrative Law

Since the early discoveries of the Spindletop, King Ranch, and East Texas oil fields, the oil and gas industry has dominated the Texas economy. The industry has also played an important role in shaping state politics and culture. The oil boom of the early 1900s created thousands of jobs for ordinary workers and immense wealth for a select few. Early Texas oil barons made headlines because of their lavish lifestyles and often extreme political beliefs. Legendary wildcatter H.L. Hunt typified this oil-fueled exuberance. Hunt became one of the eight richest individuals in the United States after securing mineral rights to …

How The Ali's Restatement Third Of Property Is Influencing The Law Of Trusts And Estates, Lawrence W. Waggoner

Articles

Restatements, once limited to restating existing law, are now substantially devoted to law reform. The ALI's website states its law-reform policy thus: "The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. A paper in that symposium argued against the ALI's law-reform policy. The authors specifically speculated that the reformist rather than restatist character of the recently completed Restatement (Third) of Property: Wills and Other Donative Transfers (Property Restatement) has "very …

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer

Seattle University Law Review

This Article focuses on the tension between the late-nineteenth century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” …

No Good Options: Picking Up The Pieces After King V. Burwell, Nicholas Bagley, David K. Jones

Articles

If the Supreme Court rules against the government in King v. Burwell, insurance subsidies available under the Affordable Care Act (ACA) will evaporate in the thirty-four states that have refused to establish their own health-care exchanges. The pain could be felt within weeks. Without subsidies, an estimated eight or nine million people stand to lose their health coverage. Because sicker people will retain coverage at a much higher rate than healthier people, insurance premiums in the individual market will surge by as much as fifty percent. Policymakers will come under intense pressure to mitigate the fallout from a government loss …

The New State Sovereignty Movement, Austin L. Raynor

Indiana Law Journal

In the past decade, states across the country have enacted a flood of legislation to resist perceived federal encroachments on their sovereignty. These opposition statutes assume a variety of forms: some, for instance, merely prohibit state officers from assisting in the enforcement of federal law, while others purport to nullify particular federal regulations. In the fields of controlled substances, immigration, and healthcare, among others, state acts of protest have stimulated the national debate and influenced legal obligations in important ways.

This Article provides the first comprehensive overview of this nascent state sovereignty movement. It categorizes opposition enactments according to the …

The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper

Loyola of Los Angeles Law Review

Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …

Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell

University of the District of Columbia Law Review

Over the last decade, the District's child support law has changed in three significant ways: (1) by the enactment of a statute that requires sentencing judges to notify obligors of their right to modify or suspend their child support order during incarceration; (2) by the passage of a law that requires the District of Columbia government to distribute up to the first $150 of child support collected each month to custodial parents who receive Temporary Assistance for Needy Families(TANF); and (3) by substantial revisions to how child support orders are calculated under the District's Child Support Guideline (the Guideline).1 These …

More D (Deliberation) For California’S Dd (Direct Democracy): Enhancing Voter Understanding And Promoting Deliberation Through Streamlined Notice-And-Comment Procedures, Glenn Smith

Glenn C. Smith

This article seeks to enhance public consideration of the pros and cons of streamlining California's informal-administrative-rulemaking procedures for reforming the state's direct democracy. To provide a concrete focus for discussion and quick adoption, Appendix I includes proposed amendments to existing California statutory provisions. This article provides a context for considering the proposed legislation by elaborating on five questions: Why Deliberation? (Part I): In this Part, the Article makes the case, both on the substantive merits and on practical political grounds, for focusing on deliberation-enhancement as the best "next wave" of initiative reform.8 Why the Administrative Model? (Part II): This Part …

Solving The ‘Initiatory Construction’ Puzzle (And Improving Direct Democracy) By Appropriate Refocusing On Sponsor Intent, Glenn Smith

Glenn C. Smith

This Article synthesizes and critiques a dozen years of scholarship about judicial construction of legislation passed by voter initiative. The Article then makes a comprehensive case for an alternative approach: an appropriately enhanced focus on the intent of initiative sponsors. More specifically, the Article validates, through analysis of recent California decisions, a longstanding scholarly consensus that the prevailing judicial search for "the intent of the voters" is seriously flawed. The Article provides the first synthesis to date of reform proposals offered by "initiatory-construction" scholars; the discussion contends that these proposals collectively fail four key evaluation criteria. Building on the 2003 …

Criminal Inflictions Of Emotional Distress, Avlana Eisenberg

Scholarly Publications

This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way.

In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …

Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg

Michigan Law Review

This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way. In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …

Newsroom: Horwitz On Traffic Obstruction Bills, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Structural Principles And Presidential Succession, Howard M. Wasserman

Howard M Wasserman

No abstract provided.

The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst

Lisa J Lindhorst

On September 4, 2014, a federal court convicted former governor of Virginia Bob McDonnell of eleven counts of corruption, bribery, and fraud for accepting over $165,000 worth of gifts and loans from the CEO of a local company. The egregious actions that led to these federal criminal convictions, however, were startlingly “legal” under Virginia’s ethics laws. The disparity between federal criminal standards and Virginia’s ethics standards illustrates the severe inadequacies that plague Virginia’s current system of ethics laws. Virginia’s absence of appropriate ethics laws and enforcement led to the state’s failing State Integrity Investigation grade, and the public acknowledgment by …

Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner

Loyola of Los Angeles Law Review

In Hollingsworth v. Perry, the Supreme Court dismissed an appeal filed by the “Official Proponents” of California’s Proposition 8, which banned same-sex marriage in California. Chief Justice Roberts’ majority opinion held that initiative sponsors lack Article III standing to defend their ballot measures even when state officials refuse to defend against constitutional challenges. As a result, Hollingsworth provides state officers with the ability to overrule laws that were intended to bypass the government establishment—in effect, an “executive veto” of popularly-enacted initiatives.

The Article examines this new “executive veto” in depth. It places Hollingsworth in context, discussing the initiative process …

Guide To The Cortese-Knox-Hertzberg Local Government Reorganization Act Of 2000, Assembly Committee On Local Government

California Assembly

No abstract provided.

Sex Work And The City: Creating Municipal Licensing Regimes For Brothels, Maria K. Powell

LLM Theses

The debate over how to regulate sex work in Canada has long occupied courts, governments, policymakers, sex workers and activists. In the aftermath of the Supreme Court decision in Bedford v Canada and the enactment of the constitutionally suspect Protection of Communities and Exploited Persons Act, this thesis examines municipal law's potential role in regulating brothels. Municipalities already grant licenses to adult service providers, the licensing of brothels is a natural extension of their powers. The current licensing regimes are in need of reform, both for adult services and before any attempts to license brothels. This thesis uses New Zealand …