Open Access. Powered by Scholars. Published by Universities.®

Legislation Commons

Open Access. Powered by Scholars. Published by Universities.®

4,386 Full-Text Articles 3,050 Authors 821,217 Downloads 96 Institutions

All Articles in Legislation

Faceted Search

4,386 full-text articles. Page 1 of 67.

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary LaFrance 2015 William S. Boyd School of Law, UNLV

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance

Michigan Telecommunications and Technology Law Review

When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a ...


Conflicting Requirements Of Notice: The Incorporation Of Rule 9(B) Into The False Claims Act's First-To-File Bar, Brian D. Howe 2015 University of Michigan Law School

Conflicting Requirements Of Notice: The Incorporation Of Rule 9(B) Into The False Claims Act's First-To-File Bar, Brian D. Howe

Michigan Law Review

Intended to prevent fraud against the government, the False Claims Act (“FCA”) contains a qui tam provision allowing private individuals, known as relators, to bring suits on behalf of the government and receive a portion of the damages. At the heart of the qui tam provision lies the first-to-file bar, which provides that, once a first relator has filed a complaint, subsequent relators are prohibited from coming forward with complaints based on the facts underlying the first relator’s pending action. A circuit split has recently emerged regarding the incorporation of Federal Rule of Civil Procedure 9(b)’s heightened ...


Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing 2015 Mississippi College School of Law

Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing

Ira K Rushing

With the US Supreme Court holding the death penalty and lethal injection as Constitutional, there has been a new strategy for condemned prisoners. Using public information requests to discover the identities of the suppliers of lethal injection drugs and others in ancillary roles, the media has broad range to publish this information. This has led to many suppliers and compounding pharmacies to withhold supplies of the drugs to states using them in executions.

This paper lays out a history of the death penalty in Mississippi that has gotten us to this point. It then attempts to provide persuasive arguments on ...


English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn 2015 University of Georgia School of Law

English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn

Georgia Journal of International & Comparative Law

No abstract provided.


The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger 2015 University of Georgia School of Law

The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger

Georgia Journal of International & Comparative Law

No abstract provided.


The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh 2015 George Mason University

The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh

Georgia Journal of International & Comparative Law

No abstract provided.


The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst 2015 George Washington Law School

The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst

Lisa J Lindhorst

On September 4, 2014, a federal court convicted former governor of Virginia Bob McDonnell of eleven counts of corruption, bribery, and fraud for accepting over $165,000 worth of gifts and loans from the CEO of a local company. The egregious actions that led to these federal criminal convictions, however, were startlingly “legal” under Virginia’s ethics laws. The disparity between federal criminal standards and Virginia’s ethics standards illustrates the severe inadequacies that plague Virginia’s current system of ethics laws. Virginia’s absence of appropriate ethics laws and enforcement led to the state’s failing State Integrity Investigation ...


Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica B. Carusello 2015 Florida State University

Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica B. Carusello

Monica B Carusello

No abstract provided.


“Camels Agree With Your Throat” And Other Lies: Why Graphic Warnings Are Necessary To Prevent Consumer Deception, Ellen English 2015 University of Florida Levin College of Law

“Camels Agree With Your Throat” And Other Lies: Why Graphic Warnings Are Necessary To Prevent Consumer Deception, Ellen English

Florida Law Review

The government’s latest attempt to protect consumers from the perils of tobacco use is in jeopardy. In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which requires cigarette advertisements and packages to bear nine new textual health warnings and gives the FDA authority to regulate tobacco products. In 2011, in compliance with the Act, the FDA issued a regulation, known as the graphic warning requirement, which mandates that a color graphic image accompany each of the nine textual warning statements. The graphic warning requirement now faces challenges from the tobacco industry, and the ambiguities current standards ...


The Paradox Of The Obamacare Decision: How Can The Federal Government Have Limited Unlimited Power?, Robert J. Pushaw Jr. 2015 University of Florida Levin College of Law

The Paradox Of The Obamacare Decision: How Can The Federal Government Have Limited Unlimited Power?, Robert J. Pushaw Jr.

Florida Law Review

National Federation of Independent Business v. Sebelius, the Supreme Court’s decision upholding the landmark Patient Protection and Affordable Care Act (ACA or “Obamacare”), sets forth the most important judicial examination of constitutional power since the New Deal era. The political and media frenzy over the Obamacare case has obscured its actual legal analysis and larger constitutional implications, which warrant more reflective study. This Article seeks to provide such a scholarly perspective.

My starting point is the ACA, which has three key provisions. First, it requires “guaranteed issue” of health insurance to all applicants and “community rating” to prevent insurance ...


Pardons And The Theory Of The “Second-Best”, Chad Flanders 2015 University of Florida Levin College of Law

Pardons And The Theory Of The “Second-Best”, Chad Flanders

Florida Law Review

This Article explains and defends a “second-best” theory of pardons. Pardons are second-best in two ways. First, pardons are second-best because they represent, in part, a response to a failure of justice: the person convicted was not actually guilty, or he or she was punished too harshly, or the punishment no longer fits the crime. In the familiar analogy, pardons act as a “safety valve” on a criminal justice system that doesn’t work as it ideally should. Pardons, in the nonideal world we live in, are sometimes necessary.

But pardons are also second-best because they can represent deviations from ...


The Rostrum Principle: Why The Boundaries Of The Public Forum Matter To Statutory Interpretation, Amy Widman 2015 University of Florida Levin College of Law

The Rostrum Principle: Why The Boundaries Of The Public Forum Matter To Statutory Interpretation, Amy Widman

Florida Law Review

There is a section of dicta in the recent Supreme Court decision on health care reform that might portend new ground, although not in Commerce Clause jurisprudence. Rather, in his dissent, Justice Antonin Scalia did a curious thing for those interested in statutory interpretation: He cited an op-ed in The New York Times that quoted Senate Majority Leader Harry Reid. Justice Scalia used this quotation as evidence of meaning on the issue of whether Congress intended to draft a severable mandate, or more specifically, why the Court should not interpret the fact that Congress was silent as anything more than ...


The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudyak, Andreas Kuersten 2015 University of Pennsylvania Law School

The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudyak, Andreas Kuersten

Faculty Scholarship

There are fifty-two bodies of criminal law in the United States. Each stakes out often diverse positions on a range of issues. This article defines the “American rule” for each of the issues relating to general defenses, a first contribution towards creating an “American Criminal Code.”

The article is the result of a several-year research project examining every issue relating to justification, excuse, and non-exculpatory defenses. It determines the majority American position among the fifty-two jurisdictions, and formulates statutory language for each defense that reflects that majority rule. The article also compares and contrasts the majority position to significant minority ...


The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers 2015 Drexel University School of Law

The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers

Amy L. Landers

The controversy surrounding the current implementation of the patent system is well known. Some question whether the system has become entirely dysfunctional and disincentives innovation, particularly as the law operates within some industries. Moreover, early stage companies, particularly those just beginning to gain success, are particularly vulnerable targets for lawsuits. Notably, these same companies can be rich sources of important technological innovation.

Because the U.S. has always had a patent system, it is impossible to understand the intended and unintended consequences of eliminating this form of intellectual property protection even in a limited manner. As economist Fritz Machlup stated ...


Inside Agency Interpretation, Christopher J. Walker 2015 Ohio State University - Main Campus

Inside Agency Interpretation, Christopher J. Walker

Christopher J. Walker

The Constitution vests all legislative powers in Congress, yet Congress grants expansive lawmaking authority to federal agencies. As positive political theorists have long explored, Congress intends for federal agencies to faithfully exercise their delegated authority, but ensuring fidelity to congressional wishes is difficult due to asymmetries in information, expertise, and preferences that complicate congressional control and oversight. Indeed, this principal-agent problem has a democratic and constitutional dimension, as the legitimacy of administrative governance may well depend on whether the unelected bureaucracy is a faithful agent of Congress. Despite the predominance of lawmaking by regulation and the decades-long application of principal-agent ...


Law In Regression? Impacts Of Quantitative Research On Law And Regulation, David C. Donald 2015 The Chinese University of Hong Kong

Law In Regression? Impacts Of Quantitative Research On Law And Regulation, David C. Donald

David C. Donald

Quantitative research (QR) has undeniably improved the quality of law- and rulemaking, but it can also present risks for these activities. On the one hand, replacing anecdotal assertions regarding behavior or the effects of rules in an area to be regulated with objective, statistical evidence has advanced the quality of regulatory discourse. On the other hand, because the construction of such evidence often depends on bringing the complex realities of both human behavior and rules designed to govern it into simple, quantified variables, QR findings can at times camouflage complexity, masking real problems. Deceptively objective findings can in this way ...


Catalogs, Alex Stein, Gideon Parchomovsky 2015 Cardozo Law School

Catalogs, Alex Stein, Gideon Parchomovsky

Alex Stein

It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become ...


Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll 2015 Georgetown University Law Center

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The fourth estate is undergoing dramatic changes. Many newspaper reporters, already surrounded by a growing number of empty desks, are shifting their focus away from costly investigative reporting and towards amassing Twitter followers and writing the perfect “share line.” Newspapers’ budgets can no longer robustly support accountability journalism and pitching fights against the government. And so, while this busier and noisier media environment may have a desirable democratizing effect—more of us are able to participate in analyzing, debating, and perhaps even making the news—it has not succeeded in filling a role that print journalists have traditionally played well ...


The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Allyn L. Taylor, Emily Whelan Parento, Laura A. Schmidt 2015 Georgetown Law

The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Allyn L. Taylor, Emily Whelan Parento, Laura A. Schmidt

Indiana Law Journal

Obesity is a global epidemic, exacting an enormous human and economic toll. In the absence of a comprehensive global governance strategy, states have increasingly employed a wide array of legal strategies targeting the drivers of obesity. This Article identifies recent global trends in obesity-related legislation and makes the normative case for an updated global governance strategy.

National governments have responded to the epidemic both by strengthening traditional interventions and by developing novel legislative strategies. This response consists of nine important trends: (1) strengthened and tailored tax measures; (2) broadened use of counter-advertising and health campaigns; (3) expanded food labeling; (4 ...


Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.


Digital Commons powered by bepress