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

Legislation Commons

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

9,032 Full-Text Articles 6,385 Authors 1,907,171 Downloads 164 Institutions

All Articles in Legislation

Faceted Search

9,032 full-text articles. Page 1 of 185.

Taxonomy Of Minority Governments, Lisa La Fornara 2018 Maurer School of Law: Indiana University

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds ...


Legislative Committee Systems: A Design Perspective, Chase Stoddard 2018 Indiana University Maurer School of Law

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends ...


How Should Congress Respond To Mcdonnell?, David Yassky, Kathleen Clark, Allen Dickerson, Jennifer Rodgers 2018 Elisabeth Haub School of Law at Pace University

How Should Congress Respond To Mcdonnell?, David Yassky, Kathleen Clark, Allen Dickerson, Jennifer Rodgers

Pace Law Review

Discussion of question of whether McDonnell was essentially right or wrong. Should Congress act to change the McDonnell rule? Should the Supreme Court reconsider it? What would be an alternative or a better way, if there is one, to approach the question of public corruption prosecution?


Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson 2018 Seattle University School of Law

Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson

Seattle University Law Review

For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal ...


Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt 2018 Chicago-Kent College of Law

Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt

Washington and Lee Law Review Online

In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial ...


F18rs Sgr No. 6 (Texas A&M Mascot Condolences), Johnathon Price 2018 Louisiana State University

F18rs Sgr No. 6 (Texas A&M Mascot Condolences), Johnathon Price

Student Senate Enrolled Legislation

No abstract provided.


F18rs Eo No. 1 (Safety Partner Day), Stewart Lockett 2018 Louisiana State University

F18rs Eo No. 1 (Safety Partner Day), Stewart Lockett

Student Senate Enrolled Legislation

No abstract provided.


F18rs Sgr No. 8 (Supplemental Instruction), Tim Craig 2018 Louisiana State University

F18rs Sgr No. 8 (Supplemental Instruction), Tim Craig

Student Senate Enrolled Legislation

No abstract provided.


F18rs Sgb No. 1 (Rules Of Court), Andrew Grashoff 2018 Louisiana State University

F18rs Sgb No. 1 (Rules Of Court), Andrew Grashoff

Student Senate Enrolled Legislation

No abstract provided.


F18rs Sgr No. 9 (Ldeq Conference), Jack Green 2018 Louisiana State University

F18rs Sgr No. 9 (Ldeq Conference), Jack Green

Student Senate Enrolled Legislation

No abstract provided.


F18rs Sgb No. 3 (Rules Of Order), Austin Grashoff, Catherine McKinney, Tyler Porche, Cameron Burris, Jack Green 2018 Louisiana State University

F18rs Sgb No. 3 (Rules Of Order), Austin Grashoff, Catherine Mckinney, Tyler Porche, Cameron Burris, Jack Green

Student Senate Enrolled Legislation

No abstract provided.


F18rs Sgr No. 3 (Higher Ed. Funding), Jordan Landry, Edouard d'Espalungue, Jack Green, Catherine McKinney, Cassidy Riley 2018 Louisiana State University

F18rs Sgr No. 3 (Higher Ed. Funding), Jordan Landry, Edouard D'Espalungue, Jack Green, Catherine Mckinney, Cassidy Riley

Student Senate Enrolled Legislation

No abstract provided.


F18rs Sgr No. 1 (Edrc), Christina Black 2018 Louisiana State University

F18rs Sgr No. 1 (Edrc), Christina Black

Student Senate Enrolled Legislation

No abstract provided.


F18rs Sgr No. 2 (Sfvac), Christina Black 2018 Louisiana State University

F18rs Sgr No. 2 (Sfvac), Christina Black

Student Senate Enrolled Legislation

No abstract provided.


F18rs Sgfb No. 1 (Aashe Conference), Cassidy Riley 2018 Louisiana State University

F18rs Sgfb No. 1 (Aashe Conference), Cassidy Riley

Student Senate Enrolled Legislation

No abstract provided.


Learned Hand On Statutory Interpretation: Theory And Practice, Thomas W. Merrill 2018 Columbia Law School

Learned Hand On Statutory Interpretation: Theory And Practice, Thomas W. Merrill

Fordham Law Review

It is a great honor to take part in the celebration of the Second Circuit’s 125th anniversary and in particular to present the Hands Lecture. The Second Circuit in the 1930s and 1940s came to be called the “Hand Court,” and during those years it established its reputation as the most admired of the U.S. circuit courts of appeals. It was called the Hand Court because two of its judges, who often formed the majority on three-judge panels, bore the surname Hand. Learned Hand is today regarded as a great common law judge, and significant attention has been ...


Change, Creation, And Unpredictability In Statutory Interpretation: Interpretive Canon Use In The Roberts Court's First Decade, Nina A. Mendelson 2018 University of Michigan Law School

Change, Creation, And Unpredictability In Statutory Interpretation: Interpretive Canon Use In The Roberts Court's First Decade, Nina A. Mendelson

Michigan Law Review

In resolving questions of statutory meaning, the lion’s share of Roberts Court opinions considers and applies at least one interpretive canon, whether the rule against surplusage or the presumption against state law preemption. This is part of a decades-long turn toward textualist statutory interpretation in the Supreme Court. Commentators have debated how to justify canons, since they are judicially created rules that reside outside the statutory text. Earlier studies have cast substantial doubt on whether these canons can be justified as capturing congressional practices or preferences; commentators have accordingly turned toward second-order justifications, arguing that canons usefully make interpretation ...


Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer 2018 University of Pennsylvania Law School

Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer

Faculty Scholarship at Penn Law

The year 2018 marked the fiftieth anniversary of the Pennsylvania Constitution of 1968. The time seems ripe, therefore, to explore the Pennsylvania Supreme Court’s exercise of judicial review under the 1968 Pennsylvania Constitution. This Article constitutes the first such comprehensive exploration.

The Article begins with an historical overview of the evolution of the Pennsylvania Constitution, culminating in the Constitution of 1968. It then presents a census of the 372 cases in which the Pennsylvania Supreme Court has vindicated distinctive Pennsylvania Constitutional rights under the Constitution of 1968.

Analysis of these cases leads to three conclusions:

1. Exercise of independent ...


Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr 2018 Chicago-Kent College of Law

Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr

Chicago-Kent Law Review

No abstract provided.


Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr. 2018 University of Pennsylvania Law School

Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr.

Faculty Scholarship at Penn Law

In this brief essay, to be included in a book celebrating the work of Jay Westbrook, I begin by surveying Jay’s wide-ranging contributions to bankruptcy scholarship. Jay’s functional analysis has had a profound effect on scholars’ understanding of key issues in domestic bankruptcy law, and Jay has been the leading scholarly figure on cross-border insolvency. After surveying Jay’s influence, I turn to the topic at hand: a proposed reform that would facilitate the use of bankruptcy to resolve the financial distress of large financial institutions. Jay has been a strong critic of this legislation, arguing that financial ...


Digital Commons powered by bepress