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Journal of Legislation

2023

Articles 1 - 17 of 17

Full-Text Articles in Legislation

Table Of Contents May 2023

Table Of Contents

Journal of Legislation

No abstract provided.


Charter Schools: A Missed Opportunity To Improve Education Through Innovation, Maria Chiara Parisi May 2023

Charter Schools: A Missed Opportunity To Improve Education Through Innovation, Maria Chiara Parisi

Journal of Legislation

The U.S. education system, unlike other fields, has failed to encourage and learn from innovation. Charter schools—publicly-funded schools with the freedom to develop innovative practices—offered an opportunity to address the education system’s resistance to change. The hope was that charter schools could serve as laboratories of innovation for new school models that traditional public schools across the country could later adopt.

Despite these good intentions, the charter school movement has not resulted in the change early advocates hoped for. Charter schools often recycle old practices instead of experimenting with new ones. And when a charter school does develop a successful …


A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose May 2023

A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose

Journal of Legislation

No abstract provided.


Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, K'Reisa Cox May 2023

Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, K'Reisa Cox

Journal of Legislation

No abstract provided.


Is It Fair? Is It Competitive? Is It Human?: Artificial Intelligence And The Extent To Which We Can Patent Ai-Assisted Inventions, Hubert Ning May 2023

Is It Fair? Is It Competitive? Is It Human?: Artificial Intelligence And The Extent To Which We Can Patent Ai-Assisted Inventions, Hubert Ning

Journal of Legislation

No abstract provided.


Pirates, Rogues, Revolutionaries, And Lobbyists: A Legislative History Of The Panama Canal Purchase Act Of 1902, Graham Markiewicz May 2023

Pirates, Rogues, Revolutionaries, And Lobbyists: A Legislative History Of The Panama Canal Purchase Act Of 1902, Graham Markiewicz

Journal of Legislation

Just three pages of legislative text was enough for the United States to embark on the one of the grandest engineering feats of all time. This Article examines the history, policies, and processes that led to the passage of the Panama Canal Purchase Act of 1902. Beginning and ending with civil wars in Latin America, this Article tells the story of how foreign affairs influence Washington, D.C., and vice versa. It follows closely a rotating cast of characters seeking fame and fortune who resorted to any lengths to achieve them. It winds through stories of revolutions, corruption, pirates, and cutthroat …


The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider May 2023

The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider

Journal of Legislation

In response to recent mass shootings, Congress passed the Bipartisan Safer Communities Act. The Act encouraged states to implement red-flag laws, adopted a more punitive approach to federal gun control, expanded the domestic violence misdemeanors that prohibit firearm possession, and implemented more stringent regulations on young adults purchasing firearms. Because of the difficulties in passing federal gun control laws, Congress hastily passed the Act after a small, bipartisan group of Senators agreed on its text. This stunted legislative process left the new law riddled with ambiguities and technical deficiencies. This Article explores the constitutional, doctrinal, and policy problems created by …


Oh Brother, Where Art Thou Royalties?: Reflecting On The Emergence Of Bluegrass And Appalachian Folk Music In Promoting The American Music Fairness Act, Mark Edward Blankenship Jr. May 2023

Oh Brother, Where Art Thou Royalties?: Reflecting On The Emergence Of Bluegrass And Appalachian Folk Music In Promoting The American Music Fairness Act, Mark Edward Blankenship Jr.

Journal of Legislation

The film Oh Brother, Where Art Thou ironically illustrates two points that are relevant in in the context of copyright law within the music industry. First, it displays the strength of radio play on new artists’ lives, careers, and incomes, which was crucial for bluegrass and string-band artist. Second, the film highlights the distinction between the sound-recording copy-holder’s exclusive right to publicly perform their copyrighted sound recording live and the absence of any such right concerning terrestrial radio broadcasts. The absence of a public-performance right for broadcasts of copyrighted sound recordings by terrestrial radio stations (and the resulting non-incurrence of …


A Response To “Thou Shall Not Ration Justice”: Applied Behavior Analysis Causes Harm, Ariana Cernius May 2023

A Response To “Thou Shall Not Ration Justice”: Applied Behavior Analysis Causes Harm, Ariana Cernius

Journal of Legislation

No abstract provided.


Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang Mar 2023

Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang

Journal of Legislation

No abstract provided.


Panicked Legislation, Catherine L. Carpenter Mar 2023

Panicked Legislation, Catherine L. Carpenter

Journal of Legislation

No abstract provided.


The Case For An Open Bar: Why The Supreme Court Must Establish A Public Bar Membership Roll, Harry William Baumgarten Mar 2023

The Case For An Open Bar: Why The Supreme Court Must Establish A Public Bar Membership Roll, Harry William Baumgarten

Journal of Legislation

No abstract provided.


Omnibus Legislation And Separation Of Powers: Too Big To Fail?, Evan Wright Mar 2023

Omnibus Legislation And Separation Of Powers: Too Big To Fail?, Evan Wright

Journal of Legislation

No abstract provided.


Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary Mar 2023

Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary

Journal of Legislation

No abstract provided.


Combatting Suggestiveness In Lineups: Can Legislation Be The Answer?, Samantha Kay Krasker Mar 2023

Combatting Suggestiveness In Lineups: Can Legislation Be The Answer?, Samantha Kay Krasker

Journal of Legislation

No abstract provided.


Table Of Contents And Masthead Mar 2023

Table Of Contents And Masthead

Journal of Legislation

No abstract provided.


Backlash: After 40 Years Of Tort Reform Noise, Let's Change The Tone, Undo The Harm, And Correct The Big Lie, Andrew F. Popper Mar 2023

Backlash: After 40 Years Of Tort Reform Noise, Let's Change The Tone, Undo The Harm, And Correct The Big Lie, Andrew F. Popper

Journal of Legislation

No abstract provided.