Legislation Commons^™

Profiteering Off Public Health Crises: The Viable Cure For Congressional Insider Trading, Charles L. Slamowitz

Washington and Lee Law Review Online

This article takes an approachable, forward-thinking, and academic dive into congressional insider trading in the wake of the coronavirus (COVID-19) pandemic. After a confidential briefing by the Senate Health Committee warned of COVID-19, massive stock sell-offs by members of Congress and their spouses suddenly ensued. Some senators even publicly disparaged COVID-19’s viral effects while their own shares were being offloaded. By the time the American people were made aware of its dangers, vast investment holdings by congressional insiders had already been sold. Shockingly, it is unclear if congressional insiders trading on confidential coronavirus information are actually breaking the law. Congress …

Hearing On The Foreign Sovereign Immunities Act, Coronavirus, And Addressing China’S Culpability Before The Senate Committee On The Judiciary, Russell A. Miller

Scholarly Articles

There are a number of theories about the Chinese government’s acts or omissions concerning the emergence and world-wide spread of the coronavirus that may be the proximate cause of actionable transboundary harm. All of these theories start with the incontestable fact that the coronavirus outbreak originated in China. One theory is concerned with the conduct of the Chinese government after the health crisis emerged. This “ex post” theory alleges a broad range of acts and omissions that helped transform a local outbreak into a global pandemic. There is room for this theory under the Transboundary Harm Principle. But the “ex …

F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon

Student Senate Enrolled Legislation

To amend the LSU Student Government Bylaws regarding executive staff and senatorial responsibilities

Deliberation's Demise: The Rise Of One-Party Rule In The Senate, Kathleen Clark, Tiefer Charles

Scholarship@WashULaw

Much of the recent legal scholarship on the Senate expresses concern about gridlock, which was caused in part by the Senate’s supermajority requirement to pass legislation and confirm presidential nominees. This scholarship exalted the value of procedural changes permitting the majority party to push through legislation and confirmations, and failed to appreciate salutary aspects of the supermajority requirement: that it provided a key structural support for stability and balance in governance. The Senate changed its rules in order to address the problem of partisan gridlock, and now a party with a bare majority is able to force through much of …

F18rs Sgb No. 4 (Responsibilities), Jack Green

Student Senate Enrolled Legislation

No abstract provided.

George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse

Maine Law Review

The State of Maine is blessed with a history of impressive and respected politicians. Among others, the list includes James Blaine, Margaret Chase Smith, and Edmund S. Muskie. The State now must add the name of George J. Mitchell to these ranks. A native son of Waterville, Maine, he attended Bowdoin College, Georgetown University Law Center, and eventually catapulted himself into one of the most powerful political positions in the United States government when he was elected as majority leader of the United States Senate. During his tenure as majority leader, he helped to redefine the position through his strong …

Senator George Mitchell And The Constitution, G. Calvin Mackenzie

Maine Law Review

In May of 1980, George J. Mitchell took the oath of office that all United States Senators have taken since 1868. The fourteen and one-half years of Mitchell's Senate service were a time of institutional and political tumult. For only two and one-half of those years were the Congress and the presidency controlled by the same party; only in those same two and one-half years did Mitchell serve with a President who was a member of his own party. This Article will examine a number of the most important constitutional issues that came before the Senate from 1980 through 1994. …

S14rs Sgr No. 17 (Codofil), Jacob Boudreaux, Miller

Student Senate Enrolled Legislation

No abstract provided.

The Filibuster And The Framing: Why The Cloture Rule Is Unconstitutional And What To Do About It, Dan T. Coenen

Scholarly Works

The U.S. Senate’s handling of filibusters has changed dramatically in recent decades. As a result, the current sixty-vote requirement for invoking cloture of debate does not produce protracted speechmaking on the Senate floor, as did predecessors of this rule in earlier periods of our history. Rather, the upper chamber now functions under a “stealth filibuster” system that in practical effect requires action by a supermajority to pass proposed bills. This Article demonstrates why this system offends a constitutional mandate of legislative majoritarianism in light of well-established Framing-era understandings and governing substance-over-form principles of interpretation. Having established the presence of a …

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

The Filibuster And Reconciliation: The Future Of Majoritarian Lawmaking In The U.S. Senate, Tonja Jacobi, Jeff Vandam

Faculty Articles

Passing legislation in the United States Senate has become a de facto super-majoritarian undertaking, due to the gradual institutionalization of the filibuster — the practice of unending debate in the Senate. The filibuster is responsible for stymieing many legislative policies, and was the cause of decades of delay in the development of civil rights protection. Attempts at reforming the filibuster have only exacerbated the problem. However, reconciliation, a once obscure budgetary procedure, has created a mechanism of avoiding filibusters. Consequently, reconciliation is one of the primary means by which significant controversial legislation has been passed in recent years — including …

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 …

The Originalist Case Against Congressional Supermajority Voting Rules, Dan T. Coenen

Scholarly Works

Controversy over the Senate’s filibuster practice dominates modern discussion of American legislative government. With increasing frequency, commentators have urged that the upper chamber’s requirement of sixty votes to close debate on pending matters violates a majority-rulebased norm of constitutional law. Proponents of this view, however, tend to gloss over a more basic question: Does the Constitution’s Rules of Proceedings Clause permit the houses of Congress to adopt internal parliamentary requirements under which a bill is deemed “passed” only if it receives supermajority support? This question is important. Indeed, the House already has such a rule in place, and any challenge …

Challenging Supremacy: Virginia's Response To The Patient Protection And Affordable Care Act, Matthew R. Farley

University of Richmond Law Review

No abstract provided.

Senate Prostitution Bill Weakens Law, Jim Meyen, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.

Donna M. Hughes

The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.

Donna M. Hughes

F08rs Sgb No. 18 (Bylaws), Palermo, Gammon, Waller, Clark

Student Senate Enrolled Legislation

No abstract provided.

F06rs Sgb No. 18 (No More Sio), Alsfeld

Student Senate Enrolled Legislation

No abstract provided.

Falsities On The Senate Floor, John Cornyn

University of Richmond Law Review

No abstract provided.

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

Scholarly Works

No abstract provided.

S01rs Sgr No. 15 (Lsu Tv), Grantham

Student Senate Enrolled Legislation

A RESOLUTION

To recommend that LSU-TV broadcast the LSU A&M Student Senate meetings weekly and make it a part of their regular programming.

Proactive Legislation And The First Amendment, Stuart Minor Benjamin

Michigan Law Review

It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …

F98rs Sgr No. 2 (Warren Richey), Senate

Student Senate Enrolled Legislation

A RESOLUTION

To give thanks to one of the individuals most responsible for the success of the Louisiana State University Student Government and the positive impact Student Government has had on the Student Body of LSU, Associate Dean of Students and Student Government Advisor Warren A.“Bud” Richey.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

Legislative Powers

Touro Law Review

No abstract provided.

Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

162 pages.

Contains 16 attachments.