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Articles 1 - 30 of 1233
Full-Text Articles in Legislation
A Process-Based Approach To Presidential Exit, Mark Seidenfeld
A Process-Based Approach To Presidential Exit, Mark Seidenfeld
Scholarly Publications
No abstract provided.
Inefficient Inequality, Shi-Ling Hsu
Inefficient Inequality, Shi-Ling Hsu
Scholarly Publications
For the past several decades, much American lawmaking has been animated by a concern for economic efficiency. At the same time, broad concerns over wealth and income inequality have roiled American politics, and still loom over lawmakers. It can be reasonably argued that a tension exists between efficiency and equality, but that argument has had too much purchase over the past few decades of lawmaking. What has been overlooked is that inequality itself can be allocatively inefficient when it gives rise to collectively inefficient behavior. Worse still, some lawmaking only masquerades as being efficiency-promoting; upon closer inspection, some of this …
Filling The Gap Of Domestic Violence Protection: Returning Human Rights To U.S. Victims, Melanie Kalmanson
Filling The Gap Of Domestic Violence Protection: Returning Human Rights To U.S. Victims, Melanie Kalmanson
Florida State University Law Review
The prevalence of domestic violence in the United States indicates a need for increased governmental protection. The current state-based system inadequately serves victims of domestic violence, and previous US. Supreme Court rulings indicate that the U.S. Constitution leaves the federal government in an impotent position for providing any form of protection for domestic violence victims. Pursuant to the American Declaration on the Rights and Duties of Man, domestic violence violates one's human rights, or those fundamental to personhood. By ratifying the American Declaration through the Charter of the Organization of the American States, the United States established its responsibility for …
Criminal Inflictions Of Emotional Distress, Avlana Eisenberg
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 …
The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley
The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley
Scholarly Publications
Many states have delegated substantial authority to regulate federal elections to entities other than their institutional legislatures, such as independent redistricting commissions empowered to determine the boundaries of congressional districts. Article I’s Elections Clause and Article II’s Presidential Electors Clause, however, confer authority to regulate federal elections specifically upon State “legislatures,” rather than granting it to States as a whole. An intratextual analysis of the Constitution reveals that the term “legislature” is best understood as referring solely to the entity within each state comprised of representatives that has the general authority to pass laws. Thus, state constitutional provisions or laws …
Introduction: Environmental Law Without Congress, Shi-Ling Hsu
Introduction: Environmental Law Without Congress, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
The Case For Mandatory Training On Screening For Domestic Violence In The Wake Of The Affordable Care Act, Nat Stern, Karen Oehme
The Case For Mandatory Training On Screening For Domestic Violence In The Wake Of The Affordable Care Act, Nat Stern, Karen Oehme
Scholarly Publications
No abstract provided.
Note, Institutionally Appropriate Approaches To Privacy: Striking A Balance Between Judicial And Administrative Enforcement Of Privacy Law, Lauren Henry Scholz
Note, Institutionally Appropriate Approaches To Privacy: Striking A Balance Between Judicial And Administrative Enforcement Of Privacy Law, Lauren Henry Scholz
Scholarly Publications
No abstract provided.
Unheard Voices Of Domestic Violence Victims: A Call To Remedy Physician Neglect, Nat Stern, Karen Oehme, Ember Urbach
Unheard Voices Of Domestic Violence Victims: A Call To Remedy Physician Neglect, Nat Stern, Karen Oehme, Ember Urbach
Scholarly Publications
No abstract provided.
The Anti-Injunction Act And The Individual Mandate, Steve R. Johnson
The Anti-Injunction Act And The Individual Mandate, Steve R. Johnson
Scholarly Publications
The Supreme Court will soon consider challenges to constitutionality of the so-called individual mandate portion of the Patient Protection and Affordable Care Act of 2010 (PPACA). It is important for the nation that the Court render a decision on the merits. This could be derailed, however, were the Court to dispose of the case by holding that the Anti-Injunction Act (AIA) and the Declaratory Judgment Act (DJA) preclude pre-enforcement review. Disposition on those grounds would subject the federal government, states, businesses, and individuals to years of additional uncertainty, inconvenience, and expense.
Fortunately, that threat to resolution on the merits can …
The Judicial Instinct To Harmonize Statutes, Steve R. Johnson
The Judicial Instinct To Harmonize Statutes, Steve R. Johnson
Scholarly Publications
Judges like to reach results that harmonize statutory meanings, both meanings within given statutes and meanings among statutes. That inclination applies as fully in tax cases as in nontax cases, and in state and local tax cases as well as in federal tax cases. Effective advocates in state-local tax controversies recognize that judicial tropism and use it, whenever possible, in their clients’ interests.
Part I discusses the harmonization instinct generally. Part II illustrates application of the harmonization approach in state and local cases. Part III notes some limitations on and unsettled questions regarding the harmonization.
When General Statutes And Specific Statutes Conflict, Steve R. Johnson
When General Statutes And Specific Statutes Conflict, Steve R. Johnson
Scholarly Publications
It’s no secret that the pace of lawmaking in the United States has accelerated dramatically in recent decades. So much so that one may be forgiven for thinking that the best law reform would be a moratorium on further law reform – - to give citizens, their legal representatives, and government officials the opportunity to catch up with the laws we already have made.
Legislatures, agencies, and courts all have made their contributions to the torrent of lawmaking. The phenomenon has been attributed to various causes, including growing populations, greater population densities as a result of urbanization, rapid technological changes, …
Legislative Rhetoric, Or How To Oppose Anything, Steve R. Johnson
Legislative Rhetoric, Or How To Oppose Anything, Steve R. Johnson
Scholarly Publications
This installment of the column involves a change of focus. Instead of looking at the end of the legislative process – how courts interpret enacted statutes – this installment looks at the phase at which bills are enacted by or defeated in the legislature. However, the two phases have underlying similarities. As we will see, arguments used in legislative advocacy have counterparts in statutory interpretation advocacy. Our topic is particularly timely. Proposals to revise state and local tax statutes are always with us, of course, but recent budgetary stresses have increased both the number and significance of those proposals.
This …
Supertext And Consistent Meaning, Steve R. Johnson
Supertext And Consistent Meaning, Steve R. Johnson
Scholarly Publications
Opponents of textualism as an approach to statutory interpretation sometimes deride it as myopic. The textualist, those opponents contend, puts on blinders, narrowing the perhaps vast panorama of possible perspectives on meaning to a narrow slice of the whole. Modern textualists beg to differ. They view that criticism as reductionist and are often quick to distinguish textualism from mere literalism. Thus, the leading contemporary textualist jurist – U.S. Supreme Court Justice Antonin Scalia – cautions:
Textualism should not be confused with so-called strict constructionism, a degraded form of textualism that brings the whole philosophy into disrepute .... [T]he good textualist …
The Two Kinds Of Legislative Intent, Steve R. Johnson
The Two Kinds Of Legislative Intent, Steve R. Johnson
Scholarly Publications
What is a court trying to do when it interprets or applies a statute? This installment of my column looks at two different answers to that question, doing so through the lens of cases involving state and local tax statutes. Both approaches sometimes use the language of “intent,” so it becomes important for the state-local tax practitioner to understand, and to accommodate his or her arguments to the kind of intent that actually controls in the particular jurisdiction.
The first part describes the two approaches: subjective intent and objectified intent. The second part describes a middle position that some courts …
Interpreting State Tax Exemptions, Deductions, And Credits, Steve R. Johnson
Interpreting State Tax Exemptions, Deductions, And Credits, Steve R. Johnson
Scholarly Publications
Modern tax statutes serve many purposes beyond simply raising revenue, and the contours of those statutes are shaped by many (and sometimes conflicting) economic, social, and political objectives. Legislatures choose a variety of structural mechanisms – including exemptions, deductions, and credits – to advance those policy goals. Sometimes those features are drafted with less than meticulous precision. Other times, business practices have evolved since enactment of the provisions. In either event, revenue agencies and courts are frequently required to interpret those provisions.
This installment of “Interpretation Matters” concerns one such principle of interpretation: The canon that exemptions, deductions, and credits …
Pro-Taxpayer Interpretation Of State-Local Laws, Steve R. Johnson
Pro-Taxpayer Interpretation Of State-Local Laws, Steve R. Johnson
Scholarly Publications
Sometimes, from a taxpayer’s perspective, it is better to be challenging a state or local tax determination than a federal tax determination. One reason for that is the canon that “[tax] statutes are to be construed most favorably for the taxpayer.” Scores, if not hundreds, of federal tax cases espoused that principle, especially during the 1890s to 1940s. However, the principle fell into disuse at the federal level in ensuing decades and, indeed, was replaced by prorevenue canons. A seeming attempt to revivify the canon at the federal level earlier this decade appears to have withered on the vine. In …
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Consitutionalism, Mary Ziegler
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Consitutionalism, Mary Ziegler
Scholarly Publications
Recent scholarship has convincingly shown that social movements shape constitutional law, and vice versa. To date, most theories study alternatives to formal constitutional amendments or consider the proper role for the courts in influencing the development of social movements. In this Article, however, I approach the question of constitutional change from the standpoint of social movements that oppose a constitutional decision. What tools are available to a movement seeking to change the meaning of a decision? What are the advantages or disadvantages of pursuing an Article V amendment, of codifying a favorable constitutional interpretation by statute, or beginning a litigation …
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
Scholarly Publications
The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person’s situation will influence human decisionmaking. This human propensity has biased law and public policy against environmental and ecological protection because the putative economic victims of environmental regulation are usually easily identifiable workers that lose their jobs, while the beneficiaries—people who avoid a premature death from air or water pollution, people who would be saved by medicinal compounds available only in rare plant and animal species, and …
Implied Powers Beyond Functional Integration? The Flexibility Clause In The Revised Eu Treaties, Carl Lebeck
Implied Powers Beyond Functional Integration? The Flexibility Clause In The Revised Eu Treaties, Carl Lebeck
Florida State University Journal of Transnational Law & Policy
No abstract provided.
On The Role Of Cost-Benefit Analysis In Environmental Law: A Book Review Of Frank Ackerman And Lisa Heinzerling's Priceless: On Knowing The Price Of Everything And The Value Of Nothing, Shi-Ling Hsu
Scholarly Publications
Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Frank Ackerman and Lisa Heinzerling have coauthored a book that captures most of the arguments from the detractor side, and they have done so skillfully and powerfully. However, this Review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory …
Fairness Versus Efficiency In Environmental Law, Shi-Ling Hsu
Fairness Versus Efficiency In Environmental Law, Shi-Ling Hsu
Scholarly Publications
Like many other areas of law, the development of environmental law has been strongly influenced by notions of fairness. This should not be surprising, since environmental law has been developed by lawyers, who are self-selected to be fairness-oriented and trained to think in terms of fairness. While large environmental gains have been achieved in the thirtyyear history of environmental law, progress seems to have reached a plateau. Partisanship has poisoned the debate on how best to proceed in making further environmental progress. I attribute the failings and the current stalemate in environmental law to our obsession with fairness. Fairness-thinking has …
Reducing Emissions From The Electricity Generation Industry: Can We Finally Do It?, Shi-Ling Hsu
Reducing Emissions From The Electricity Generation Industry: Can We Finally Do It?, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
1999 Amendments To The Florida Administrative Procedure Act: Phantom Menace Or Much Ado About Nothing?, David M. Greenbaum, Lawrence E. Sellers, Jr.
1999 Amendments To The Florida Administrative Procedure Act: Phantom Menace Or Much Ado About Nothing?, David M. Greenbaum, Lawrence E. Sellers, Jr.
Florida State University Law Review
No abstract provided.
Forum Non Conveniens Checkmated? - The Emergence Of Retaliatory Legislation, Winston Anderson
Forum Non Conveniens Checkmated? - The Emergence Of Retaliatory Legislation, Winston Anderson
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Review Of Florida Legislation, The Editors
Review Of Florida Legislation, The Editors
Florida State University Law Review
No abstract provided.
Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie
Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie
Florida State University Law Review
No abstract provided.
Meeting The Needs Of Florida's Youngest Citizens: Introduction To The Review Of Florida Legislation, Lawton Chiles
Meeting The Needs Of Florida's Youngest Citizens: Introduction To The Review Of Florida Legislation, Lawton Chiles
Florida State University Law Review
No abstract provided.
Loosening The Chains That Bind: The New Variance And Waiver Provision In Florida's Administrative Procedure Act, Donna E. Blanton, Robert M. Rhodes
Loosening The Chains That Bind: The New Variance And Waiver Provision In Florida's Administrative Procedure Act, Donna E. Blanton, Robert M. Rhodes
Florida State University Law Review
No abstract provided.
Legislative Checks On Rulemaking Under Florida's New Apa, F. Scott Boyd
Legislative Checks On Rulemaking Under Florida's New Apa, F. Scott Boyd
Florida State University Law Review
No abstract provided.