Legislation Commons^™

The Pandemic And Privacy: The Global Culture Of Intrusion, Jon L. Mills, Lucca Viana, Danielle Black

Legislation and Policy Brief

No abstract provided.

Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser

Legislation and Policy Brief

No abstract provided.

Competitor Standing To The Rescue: Saving The Emoluments Clause, Demitri Dawson

Legislation and Policy Brief

No abstract provided.

Foreword, Stephen Wermiel

Legislation and Policy Brief

No abstract provided.

Editor's Welcome, Kate Brennan

Legislation and Policy Brief

No abstract provided.

The Cannabis Conundrum: Constitutional & Policy Concerns In Taxation Of The Marijuana Industry, Beckett Cantley, Geoffrey Dietrich

Legislation and Policy Brief

No abstract provided.

The Intersection Of Reducing Recidivism And Spurring Inclusive Economic Recovery, Scott B. Astrada, Israel X. Nery

Legislation and Policy Brief

No abstract provided.

Editor’S Welcome, Warner Allison

Legislation and Policy Brief

No abstract provided.

The Great Holdup: How The Senate And The Filibuster Thwart Gun Legislation Most Americans Want, William G. Dauster

Legislation and Policy Brief

No abstract provided.

Forward, Kimberly Wehle

Legislation and Policy Brief

No abstract provided.

Editor's Welcome, Julie Flower

Legislation and Policy Brief

No abstract provided.

Closing The Courthouse Door On Private Attorneys General: Judicial Expansion Of The First-To-File Bar In The False Claims Act Is Inconsistent With The Act's Text And Purpose, Dylan A. Consla

Legislation and Policy Brief

No abstract provided.

Empowering American Victims Of International Organized Crime: Proposing An Amendment To Clarify Rico's Extraterritorial Application, Lisa Lindhorst

Legislation and Policy Brief

No abstract provided.

Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower

Legislation and Policy Brief

No abstract provided.

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Legislation and Policy Brief

No abstract provided.

A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes

Legislation and Policy Brief

No abstract provided.

Foreword, Jamin B. Raskin

Legislation and Policy Brief

No abstract provided.

Editor's Welcome, Rachael A. Soloway

Legislation and Policy Brief

No abstract provided.

Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall

Legislation and Policy Brief

No abstract provided.

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …

Suppuration Of Powers: Abscam, Entrapment And The Politics Of Expulsion, Henry Biggs

Legislation and Policy Brief

No abstract provided.

Editor's Welcome, Zachary I. Gold

Legislation and Policy Brief

No abstract provided.

Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.

Legislation and Policy Brief

When it enacted the statute, did Congress consider corporations to be “victims” entitled to restitution under the MVRA? This answer has not been provided or discussed by existing case law applying the MVRA. This article answers this question. In addition, it highlights the possible issues a judge may encounter in the application and interpretation of the MVRA, the current use of the MVRA by corporations, and offers potential defenses a defendant could employ in challenging a corporate giant’s restitution request. Additionally, I discuss several policy arguments justifying the application of the MVRA to corporations as well those arguments that oppose …

Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque

Legislation and Policy Brief

In an increasingly digital world, it can often feel like numbers define us. Whether your social security number, your phone number, or your credit score, the cold truth is that your identity is often boiled down to a single number. In the financial world, your credit score traditionally defines your eligibility for credit and the cost of credit, but the uses of credit scores have expanded to include premiums for insurance, employment eligibility, and other non-financial determinations. Particularly in tough financial times, small fluctuations in credit scores can have large impacts on consumers’ access to affordable credit.

As furnishers and …

The Road To Abolition: How Widespread Legislative Repeal Of The Death Penalty In The States Could Catalyze A Nationwide Ban On Capital Punishment, Nicholas M. Parker

Legislation and Policy Brief

On December 17, 2007, former New Jersey Governor Jon Corzine signed into law a bill that abolished his state’s death penalty, saying he felt a “moral duty to end ‘state-endorsed killing.’” With Corzine’s signature, New Jersey became the fourteenth state to eradicate the death penalty, and the first to do so legislatively since Iowa and West Virginia legislators did away with capital punishment in 1965. The vote by New Jersey lawmakers followed close, but ultimately unsuccessful, votes on similar bills in Colorado, Maryland, Montana, Nebraska, and New Mexico earlier in 2007. And while it took more than thirty-one years for …

Shearson V. United States Department Of Homeland Security: The Sixth Circuit Exempts National Security From The Privacy Act, Douglas A. Behrens

Legislation and Policy Brief

“ARMED AND DANGEROUS.” Imagine those words flashing on a Customs and Border Protection (“CBP”) agent’s computer screen as you attempt to reenter your country of birth from a relaxing vacation. Reacting to the computerized warning, the CBP agents detain and question you for several hours before you are released from custody—without an explanation—and allowed to continue on your trip home as if nothing had happened.

This hypothetical scenario became very real for Julia Shearson and her four-year old daughter in January 2006, and marked the beginning of her quest for answers. Why was she flagged as “ARMED AND DANGEROUS?” What …

The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti

Legislation and Policy Brief

The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …

The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan

Legislation and Policy Brief

Human cloning, the caning of teen vandals, and the belief that aliens descend from space to abduct humans and livestock all hold something in common: they are more popular than Congress. With the 112th Congress bottoming out at a record-low 9% approval rating, it is clear that Americans are deeply unsatisfied with the gridlock gripping Washington. While it is popular, and even easy, to lambaste Republicans for blanket obstructionism and to condemn Democrats for failure to stand up to minority bullying, collective blame shifting will not breach the dam of a hyper-partisan Congress. Instead, individuals hoping to get Congress moving …

Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist

Legislation and Policy Brief

The common policy of treating sexually exploited minors as criminals represents a fundamental failing of the justice system. Prostituted minors should not be treated as delinquents requiring discipline but rather as severely traumatized and abused victims requiring specialized services and counseling. Yet, in most states, prostituted minors are re-traumatized through arrest, prosecution, and detention instead of receiving specialized services. Besides being unjust, this policy is counter-productive. Arresting, prosecuting, and detaining minors hinders law enforcement efforts to go after the real criminals – the pimps and the johns, and misses an important opportunity to rescue minors from a system of commercial …

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

Legislation and Policy Brief

In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …