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The Belt-And-Suspenders Canon, Ethan J. Leib, James J. Brudney 2020 Fordham University School of Law

The Belt-And-Suspenders Canon, Ethan J. Leib, James J. Brudney

Faculty Scholarship

This Essay christens a new canon into the doctrines of statutory interpretation, one that can counter the too-powerful canon that has courts imposing norms against redundancy in their readings of statutes. Judges engaging in statutory interpretation must do a better job of recognizing how and why legislatures choose not to draft with perfect parsimony. Our Essay highlights the multifarious ways legislatures in federal and state governments self-consciously and thoughtfully – rather than regrettably and lazily – think about employing “belt-and-suspenders” efforts in their drafting practices. We then analyze in depth courts’ disparate efforts to integrate a belt-and-suspenders canon into their thinking about ...


Disappropriation, Matthew Lawrence 2019 Penn State Dickinson Law

Disappropriation, Matthew Lawrence

Matthew B. Lawrence

In recent years Congress has repeatedly failed to appropriate funds necessary to honor legal commitments (aka entitlements) that are themselves enacted in permanent law. The Appropriations Clause has forced the government to defy legislative command and break such commitments, with destructive results for recipients and the rule of law. This Article is the first to address this poorly-understood phenomenon, which it labels a form of “disappropriation.” 

The Article theorizes recent high-profile disappropriations as one probabilistic consequence of Congress’s decision to create permanent legislative payment commitments that the government cannot honor without periodic, temporary appropriations. Such partially-temporary programs include Medicaid ...


The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola 2019 Brooklyn Law School

The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola

Journal of Law and Policy

Executive Order 12898—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations—was issued to achieve “environmental protection for all communities” by drawing federal agencies’ attention to the environmental and human health effects brought about by their actions. The National Environmental Policy Act (NEPA) sets forth a detailed process which aims to ensure that each agency will have available, and will consider, a carefully detailed compilation of information concerning significant environmental impacts resulting from federal actions before taking those actions. Realizing the Executive Order’s goal, however, is rendered problematic, in part because of the difficulty in ...


Should Affirmative Action Public Contracts Constitute Government Benefits? Calculating Procurement Fraud Loss Under Section 2b1.1(B)(1), Adam Kwon 2019 Notre Dame Law School

Should Affirmative Action Public Contracts Constitute Government Benefits? Calculating Procurement Fraud Loss Under Section 2b1.1(B)(1), Adam Kwon

Notre Dame Law Review Reflection

Congress has established a program (the section 8(a) program) that, despite having taken various forms over the years, has worked to benefit disadvantaged business entities and, by extension, the socioeconomically disadvantaged individuals who run them by setting aside and awarding to those entities opportunities to perform on certain designated public contracts. Occasionally, people either lie ex ante or fail to fulfill obligations ex post in order to fraudulently procure these section 8(a) contracts (i.e., they commit procurement fraud).

This fairly esoteric area of the law is disoriented by a circuit split over how to sentence such white-collar ...


Reflections On Thinking About The Pofma, Wei Yao, Kenny CHNG 2019 Singapore Management University

Reflections On Thinking About The Pofma, Wei Yao, Kenny Chng

Research Collection School Of Law

The Singapore Protection From Online Falsehoods and Manipulation Act (POFMA) has generated a considerable amount of interest in the public square. Taking into account the way that public discourse has unfolded thus far, this post will offer a couple of brief reflections as to how one ought to think about the POFMA – indeed, borrowing a key concept from administrative law, this post is primarily concerned with the process of thinking about the POFMA, rather than offering a substantive position on its merits.


Contracting For Healthcare: Price Terms In Hospital Admission Agreements, George A. Nation III 2019 Lehigh University

Contracting For Healthcare: Price Terms In Hospital Admission Agreements, George A. Nation Iii

Dickinson Law Review

This article discusses the application of contract law principles to the relationship between hospitals and patients to determine how much patients owe for the health care they receive. For patients who are covered by in-network health insurance the exact nature of the contract created with the hospital usually is not relevant to the patient’s financial obligation because the patient’s contract with the hospital is superseded by the contract between the patient’s health insurer and the hospital. Nevertheless, even in-network patients are financially impacted, via increased insurance premiums, by the contract analysis discussed here, and for the increasing ...


Private Prisons, Private Governance: Essay On Developments In Private-Sector Resistance To Privatized Immigration Detention, Danielle C. Jefferis 2019 University of Denver College of Law

Private Prisons, Private Governance: Essay On Developments In Private-Sector Resistance To Privatized Immigration Detention, Danielle C. Jefferis

Northwestern Journal of Law & Social Policy

No abstract provided.


The Post-Truth First Amendment, Sarah Haan 2019 Washington and Lee University School of Law

The Post-Truth First Amendment, Sarah Haan

Indiana Law Journal

Post-truthism is widely viewed as a political problem. This Article explores posttruthism as a constitutional law problem, and argues that, because post-truthism offers a normative framework for regulating information, we should take it seriously as a basis for law.

In its exploration of the influence of post-truth ideas on law, the Article focuses on the compelled speech doctrine. When the State mandates disclosure, it pits the interests of unwilling speakers against the interests of listeners. In the twenty-first century, speakers who are targeted by mandatory disclosure laws are often organizational actors with informational advantages, such as corporations. Listeners who stand ...


Bitcoin: Order Without Law In The Digital Age, John O. McGinnis, Kyle Roche 2019 Northwestern University

Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche

Indiana Law Journal

Modern law makes currency a creature of the state and ultimately the value of its currency depends on the public’s trust in that state. While some nations are more capable than others at instilling public trust in the stability of their monetary institutions, it is nonetheless impossible for any legal system to make the pre-commitments necessary to completely isolate the governance of its money supply from political pressure. This proposition is true not only today, where nearly all government institutions manage their money supply in the form of central banking, but also true of past private banking regimes circulating ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner 2019 William & Mary Law School

Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner

David E. Boelzner

No abstract provided.


Summary: Blockchain, The Rise Of Trustless Trust?, Kevin Werbach 2019 University of Pennsylvania

Summary: Blockchain, The Rise Of Trustless Trust?, Kevin Werbach

Wharton PPI B-School for Public Policy Seminar Summaries

Blockchain is a term that is used for a family of distributed ledger technologies (DLT). Although there is one virtual ledger, every participant in the network has a copy, allowing for local control of data and transparency while ensuring all ledgers remain in sync. This summary of Professor Kevin Werbach's B-School for Public Policy Seminar, discusses how blockchain platforms and more traditional legal mechanisms can be made to work together.


The Rise Of Renewable Energy In The Mena Region: An Investigation Into The Policies Governing Energy Resources, Farah Abdelrahim 2019 University of Pennsylvania

The Rise Of Renewable Energy In The Mena Region: An Investigation Into The Policies Governing Energy Resources, Farah Abdelrahim

Social Impact Research Experience (SIRE)

This paper explores the various policies and legislative frameworks regarding renewable energy in place throughout the Middle East and North Africa (MENA), with a specific focus on two representative countries: Egypt and the United Arab Emirates. Through compiling information from past literature covering renewable energy policies in general, the history of hydrocarbons in the Middle East, and the steadily growing presence of renewables in the area, and combining that information with primary research through meetings and interviews with individuals throughout the different stages of the renewable energy market, this paper arrives at recommendations regarding the future of renewable energy production ...


Contractors’ State License Board, Natasha Pulido, Betsy Gopinath 2019 University of San Diego

Contractors’ State License Board, Natasha Pulido, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.


Equal Protection Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele 2019 Brooklyn Law School

Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele

Brooklyn Journal of Corporate, Financial & Commercial Law

Offshore drilling accounts for billions of dollars in tax revenue every year. It is a pillar of the energy industry and is crucial to the economy. A recent flurry of deregulation, accelerating with the arrival of the Trump administration, highlights the tremendous impact politics has upon the profitability of this sector. The Secretary of the Interior, under the direction of the President, wields the power to regulate and make determinations into where, when, and how private companies can drill offshore. These private companies have contracts with the government for the opportunity to produce and develop oil or gas on the ...


Contractors’ State License Board, Natasha Pulido, Betsy Gopinath 2019 University of San Diego

Contractors’ State License Board, Natasha Pulido, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.


Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action, 2019 University of Minnesota Law School

Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan 2019 Chapman University School of Law

Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan

Texas A&M Law Review

The administrative state has emerged as a pervasive machine that has become the dominate generator of legal rules—despite the fact that the U.S. Constitution commits the legislative power to Congress alone. When examining legislation authorizing administrative agencies to promulgate rules, we are often left asking whether Congress “dele- gates” away its lawmaking authority by giving agencies too much power and discretion to decide what rules should be promulgated and to determine how rich to make their content. If the agencies get broad authority, it is not too hard to understand why they would fulsomely embrace the grant to ...


Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson 2019 Loyola Marymount University and Loyola Law School

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


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