F18rs Sgr No. 18, 2019 Louisiana State University
F18rs Sgr No. 18, Bridget Ryan
Student Senate Enrolled Legislation
A RESOLUTION TO COMMEND THE LSU STUDENT HEALTH CENTER AND STUDENT HEALTH CENTER EXECUTIVE DIRECTOR, D’ANN MORRIS FOR PROPERLY USING STUDENT FEES IN ITS OPERATIONS AND SERVICES
The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, 2019 St. Mary's University School of Law
The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo
St. Mary's Law Journal
Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for ...
Reflections On Dual Regulation Of Securities: A Case For Reallocation Of Regulatory Responsibilities, 2019 University of Louisville
Reflections On Dual Regulation Of Securities: A Case For Reallocation Of Regulatory Responsibilities, Manning Gilbert Warren Iii
Manning G. Warren III
I address the scope of state regulatory power that remains given the National Securities Markets Improvement Act of 1996's dictates and prerogatives. I then suggest for consideration significant alterations to the regulatory role traditionally performed by the states.
The Conundrum Of Voluntary Intoxication And Sex, 2019 Selected Works
The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael
Research shows that a significant number of sexual assaults occur after victims have consumed an excessive amount of intoxicants, rendering them substantially impaired and incapable of opposing nonconsensual sexual acts. Existing sexual assault statutes mostly criminalize sexual acts with involuntarily intoxicated people, namely when the defendant administered the intoxicants to the victim. Most of these statutes, however, do not directly prohibit sexual intercourse with voluntarily intoxicated victims whose intoxication was self-inflicted. While general prohibitions against sexual intercourse with physically and mentally incapacitated individuals may be used to prosecute sexual assaults of intoxicated victims, they offer only an incomplete solution to ...
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 2019 Skadden, Arps, Slate, Meagher & Flom
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the ...
Why The Latest Ruling In The Sandy Hook Shooting Litigation Matters, 2019 Georgetown University Law Center
Why The Latest Ruling In The Sandy Hook Shooting Litigation Matters, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
On March 19, 2019 the Connecticut Supreme Court officially released its opinion in Soto v. Bushmaster Firearms International, LLC. Because the decision greenlights civil discovery and trial for the Sandy Hook plaintiffs seeking compensation from the maker, distributor,and retailer of the gun used by the shooter, the ruling received much attention in the popular press. It is, however, very easy to get the wrong impression about the significance of the Connecticut Supreme Court’s decision and the avenues it creates for both the plaintiffs and the defendants in the litigation. The decision is both more and less significant than ...
Puerto Rico V. Franklin California Tax-Free Trust, 2019 Ohio Northern University Pettit College of Law
Puerto Rico V. Franklin California Tax-Free Trust, Brittney E. Ciarlo
Ohio Northern University Law Review
No abstract provided.
Qualified Tenure: Presidential Removal Of The Fbi Director, 2019 Clerk, Central District of California
Qualified Tenure: Presidential Removal Of The Fbi Director, Leah A. Hamlin J.D.
Ohio Northern University Law Review
In 1976, Congress passed a bill instituting a ten-year term for the FBI director, ostensibly to provide the head of the nation’s foremost law enforcement agency some measure of independence from political pressure that could improperly influence investigations. This note explores the impact of the tenured term on the president’s power to remove the director at will for a personal reason, a political reason, or no reason at all. Although the Supreme Court has never directly addressed the president’s power with respect to the FBI director, this note concludes that a statutory term alone does not restrict ...
Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, 2019 Texas A&M University School of Law
Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon
Randy D. Gordon
The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a ...
Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, 2019 Texas A&M University School of Law
Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, Peter K. Yu
Peter K. Yu
The past decade has seen many new developments impacting the intellectual property system. The introduction of big data analytics has transformed the fields of biotechnology and bioinformatics while ushering in major advances in drug development, clinical practices, and medical financing. The arrival of biologics and personalized medicines has also revolutionized the healthcare and pharmaceutical industries. In addition, the emergence of bilateral, regional, and plurilateral trade agreements have raised serious, and at times difficult, questions concerning the evolution of domestic and international intellectual property standards.
One topic linking all three developments together concerns the establishment of international standards to protect clinical ...
The Efficacy Of New York's Qualified Prohibition On Ndas And Reforms That Can Protect Sexual Harassment Survivors, 2019 Fordham University School of Law
The Efficacy Of New York's Qualified Prohibition On Ndas And Reforms That Can Protect Sexual Harassment Survivors, Bina Nayee
Fordham Law Review Online
The numerous sexual harassment scandals that were uncovered following the Harvey Weinstein exposé have at least one very positive byproduct: new state legislation aimed to protect and combat sexual misconduct in the workplace. New York is leading the charge by creating a legislative framework that protects a broader spectrum of workers against sexual harassment in the workplace. The State’s 2019 fiscal year budget substantiates the commitment to empower survivors and protect those who may be future targets of sexual harassment in their workplaces. As part of this framework, the State’s human rights laws now extend to and protect ...
Cooper V. Commissioner: Give The Inventor A (Learned) Hand, 2019 University of Maine School of Law
Cooper V. Commissioner: Give The Inventor A (Learned) Hand, Rebecca R. Dulik
Maine Law Review
Among the Internal Revenue Code’s many rules are some taxpayer-friendly provisions that grant tax benefits. Section 1235 is one such provision, providing to an inventor preferential tax treatment for income from the sale or exchange of a patent. In Cooper v. Commissioner, although the taxpayer inventor satisfied § 1235’s requirements, the Ninth Circuit affirmed the Tax Court’s decision to deny the taxpayer § 1235’s benefits. This Note compares Cooper to other § 1235 cases and argues that Cooper was decided wrongly because of the application of the substance over form doctrine. The substance over form doctrine is overapplied in ...
Bail Reform And Intimate Partner Violence In Maine, 2019 University of Maine School of Law
Bail Reform And Intimate Partner Violence In Maine, Mac Walton
Maine Law Review
The bail reform movement is leading to pretrial practice changes across the country, largely aimed at reducing pretrial detention rates or uncoupling pretrial detention from money. These reforms often include expanding or formalizing the role of actuarial risk assessment tools in bail determinations. Maine has not enacted bail reforms to expressly reduce pretrial detention, but since 2015, Maine courts have been using a risk assessment tool in bail decisions in intimate partner violence cases. Analysis of risk assessment practices in Kentucky and New Jersey, in comparison with the particular considerations in IPV cases, can inform Maine’s current bail system ...
Felon Jurors In Vacationland, 2019 University of Maine School of Law
Felon Jurors In Vacationland, James M. Binnall
Maine Law Review
Maine is the only jurisdiction in the United States that places no limitations on a convicted felon’s juror eligibility. Instead, Maine screens prospective felon-jurors using their normal jury selection procedures. In recent years, scholars have suggested that meaningful community engagement can help facilitate former offenders’ reintegration and criminal desistance. From that theoretical posture, a number of empirical studies have explored the connection between participation in the electorate and the reentry of former offenders. Those studies suggest that voting has the potential to prompt pro-social changes among former offenders. Still, to date, no research has focused on jury service as ...
The Workers' Constitution, 2019 University of Richmond School of Law
The Workers' Constitution, Luke Norris
Fordham Law Review
This Article argues that the National Labor Relations Act of 1935, Social Security Act of 1935, and Fair Labor Standards Act of 1938 should be understood as a “workers’ constitution.” The Article tells the history of how a connected wave of social movements responded to the insecurity that wage earners faced after the Industrial Revolution and Great Depression by working with government officials to bring about federal collective bargaining rights, wage and hour legislation, and social security legislation. It argues that the statutes are tied together as a set of “small c” constitutional commitments in both their histories and theory ...
Beyond The Ethical Boundaries Of Solidarity: Increasing Vaccination Rates Through Mandatory Education To Solidarity, 2019 School of Law, The College of Management - Academic Studies
Beyond The Ethical Boundaries Of Solidarity: Increasing Vaccination Rates Through Mandatory Education To Solidarity, Nili Karako- Eyal Dr.
Texas A&M Law Review
Mandatory vaccination laws require children to be vaccinated against certain communicable diseases to attend school. These laws also provide exemptions to school vaccination requirements.1 All states exempt children from vaccination requirements for medical reasons, and most states also provide an exemption for religious and/or other personal reasons.2 Seven states include an educational component in their religious or philosophical exemption process, requiring that parents receive information regarding the benefits of vaccination and the risks of not being vaccinated.3 Of these seven states, five require that information regarding the social benefits of vaccination will be provided to parents ...
You Gotta Fight For Your Right To Repair: The Digital Millennium Copyright Act’S Effect On Right-To-Repair Legislation, 2019 Texas A&M University School of Law (Student)
You Gotta Fight For Your Right To Repair: The Digital Millennium Copyright Act’S Effect On Right-To-Repair Legislation, Daniel Moore
Texas A&M Law Review
Consumers are keeping their electronic devices longer today than in the past because the prices of the devices have increased. Increased prices have culminated in more consumers needing their devices repaired. In turn, manufacturers use the Digital Millennium Copyright Act, a federal law, and digital rights management to force consumers to get their devices repaired by either the device manufacturer or one of its authorized repairers. In response, states have considered right-to-repair laws which require manufacturers to make repair tools, equipment, and software available to device owners and independent repair shops. While almost half of the country’s state legislatures ...
A New Strategy For Regulating Arbitration, 2019 Northwestern Pritzker School of Law
A New Strategy For Regulating Arbitration, Sarath Sanga
Northwestern University Law Review
Confidential arbitration is a standard precondition to employment. But confidential arbitration prevents a state from ensuring or even knowing whether employees’ economic, civil, and due process rights are respected. Further, employers regularly require employees to waive rights to class proceedings (thereby foreclosing small claims) and to arbitrate under the laws of another jurisdiction (thereby evading mandatory state law). In response, states have tried to regulate arbitration provisions, arbitral awards, and arbitral processes. But these efforts have all failed because the Supreme Court says they are preempted by the Federal Arbitration Act.
In this Article, I argue that states can and ...
Does My Vote Count? Analyzing The Motivations Of American Voters And The Obstacles They Face, 2019 University of Nebraska - Lincoln
Does My Vote Count? Analyzing The Motivations Of American Voters And The Obstacles They Face, Kalika Mahato
Honors Theses, University of Nebraska-Lincoln
One of the most indispensable rights Americans are promised is the opportunity to vote at the polls. After the women’s suffrage and civil rights movements, all American citizens above 18 and who haven’t committed a felony have the right to vote. The election process in America is viewed by many as egalitarian. However, upon a rudimentary examination into the election process, it becomes clear that this equality that America promotes is consistently at battle with classism and hierarchy. Every election, thousands of eligible voters do not vote because of inadequate information and support, barriers in the process, and ...
In Memoriam: M. Cherif Bassiouni, 2019 DePaul University College of Law
In Memoriam: M. Cherif Bassiouni, Leonard Cavise
DePaul Journal for Social Justice
No abstract provided.