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

Legislation Commons

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

13,359 Full-Text Articles 9,154 Authors 4,728,450 Downloads 204 Institutions

All Articles in Legislation

Faceted Search

13,359 full-text articles. Page 1 of 268.

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch 2022 Brigham Young University Law School

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch

BYU Law Review

No abstract provided.


Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins 2022 University of the District of Columbia School of Law

Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins

University of the District of Columbia Law Review

In a society where many topics related to female reproduction are considered taboo, menopause is especially stigmatized because of its intersection with age and a perception that a woman’s value ends with her reproductive ability.1 As described by Gail Sheehy (“Sheehy”) in The Silent Passage, menopause is “one of the most misunderstood passages in a woman's life.”2 Menopause causes shame and stigma because of its association with middle age in a culture obsessed with youth.3 The failure of courts to extend available protections to claims related to menopause denies millions of working persons protections from ...


Solving The Congressional Review Act’S Conundrum, Cary Coglianese 2022 University of Pennsylvania Carey Law School

Solving The Congressional Review Act’S Conundrum, Cary Coglianese

Faculty Scholarship at Penn Carey Law

Congress routinely enacts statutes that require federal agencies to adopt specific regulations. When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, for example, it mandated the Securities and Exchange Commission (SEC) to adopt an anti-corruption regulation requiring energy companies to disclose payments they make to foreign governments. Although the Dodd-Frank Act specifically required the SEC to adopt this disclosure requirement, the agency’s regulation was also, like other administrative rules, subject to disapproval by Congress under a process outlined in a separate statute known as the Congressional Review Act (CRA).

After the SEC issued its ...


Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra 2022 Universitas Indonesia

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...


Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana 2022 Universitas Indonesia

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...


Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi 2022 Universitas Indonesia

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...


United States V. Safehouse: The Future Of Supervised Consumption Sites In Maine And Beyond, Jeff P. Sherman 2022 University of Maine School of Law

United States V. Safehouse: The Future Of Supervised Consumption Sites In Maine And Beyond, Jeff P. Sherman

Maine Law Review

People who use drugs are dying at an unprecedented rate. However, many of these deaths can be prevented. When a person experiencing an opioid overdose is timely treated with naloxone and oxygen the overdose is reversed. Access to a supervised consumption site—a place where people can use pre-obtained drugs in the safety and presence of others—ensures that when a person overdoses, they receive this life-saving treatment. In response to a proposed supervised consumption site in Philadelphia, the Department of Justice sued to prevent it from opening. The government claimed that the facility, called “Safehouse,” would violate 21 U ...


What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi 2022 University of Maine School of Law

What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi

Maine Law Review

While many aspects of Maine’s Juvenile Justice system are ripe for reform, this Article advocates for improving the system’s response to one group of offenders often overlooked by policymakers: emerging adults. The Supreme Court, in Roper v. Simmons, stated that “[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18.” In fact, studies have shown that criminal conduct attributable to the unstable and impulsive nature of the adolescent mind continues well into a person’s mid-twenties. These eighteen to twenty-five-year-old offenders, termed “emerging adults” by researchers, experience much of the same developmental ...


Why Not More States?: States' Importance To Democracy And Statehood's Relevance To Twenty-First Century America, Jennifer K. Mitchell 2022 The George Washington University Law School

Why Not More States?: States' Importance To Democracy And Statehood's Relevance To Twenty-First Century America, Jennifer K. Mitchell

Journal of Legislation

No abstract provided.


Solving The Problem Of Power: The Emerging Legislative Coalition For Civil Rights, Myron Orfield, Will Stancil, Eric Myott 2022 University of Minnesota Law School

Solving The Problem Of Power: The Emerging Legislative Coalition For Civil Rights, Myron Orfield, Will Stancil, Eric Myott

Journal of Legislation

No abstract provided.


Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw 2022 Notre Dame Law School

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until ...


"Seven Years' Worth Of Opportunity": Championing Diversity And Inclusion As Chief Circuit Judge, Carl E. Stewart 2022 Notre Dame Law School

"Seven Years' Worth Of Opportunity": Championing Diversity And Inclusion As Chief Circuit Judge, Carl E. Stewart

Journal of Legislation

No abstract provided.


Subsidizing The Unvaccinated: Considering The Legality And Practicality Of Vaccine Mandates For Those On Public Assistance, Michael Conklin 2022 Angelo State University

Subsidizing The Unvaccinated: Considering The Legality And Practicality Of Vaccine Mandates For Those On Public Assistance, Michael Conklin

Journal of Legislation

No abstract provided.


It Should Not Matter What Type Of Officer Wrongly Arrests You: Using Civil Rights Actions To Protect Peaceful Protestors, Cole Craghan 2022 Notre Dame Law School

It Should Not Matter What Type Of Officer Wrongly Arrests You: Using Civil Rights Actions To Protect Peaceful Protestors, Cole Craghan

Journal of Legislation

No abstract provided.


Encroaching On Command Authority: How History Informs The "Military Justice Improvement And Increasing Prevention Act", Emma K. Hildebrand 2022 Notre Dame Law School

Encroaching On Command Authority: How History Informs The "Military Justice Improvement And Increasing Prevention Act", Emma K. Hildebrand

Journal of Legislation

No abstract provided.


The Internet Immunity Escape Hatch, Gregory M. Dickinson 2022 Brigham Young University Law School

The Internet Immunity Escape Hatch, Gregory M. Dickinson

BYU Law Review

Internet immunity doctrine is broken, and Congress is helpless. Under Section 230 of the Communications Decency Act of 1996, online entities are absolutely immune from lawsuits related to content authored by third parties. The law has been essential to the internet’s development over the last twenty years, but it has not kept pace with the times and is now deeply flawed. Democrats demand accountability for online misinformation. Republicans decry politically motivated censorship. And all have come together to criticize Section 230’s protection of bad-actor websites. The law’s defects have put it at the center of public debate ...


Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer 2022 Notre Dame Law School

Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer

Journal of Legislation

No abstract provided.


An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women's Access To Abortion, Mitchell J. Foster 2022 Portland State University

An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women's Access To Abortion, Mitchell J. Foster

University Honors Theses

Since 1973, the federal government, through the Supreme Court of the United States, has acted to protect, the rights of women in their ability to choose to have an abortion without excessive governmental restriction. This thesis analyzes how and why access to abortion will shift in the face of the Supreme Court's overturning of Roe v. Wade (1973), likely to occur this June. This thesis begins with an in-depth description of how and why abortion became illegal, how and why abortion became legal, and how the opposition has developed against legal abortion. Through the last few decades, though especially ...


Textualism Today: Scalia’S Legacy And His Lasting Philosophy, Chase Wathen 2022 University of Miami Law School

Textualism Today: Scalia’S Legacy And His Lasting Philosophy, Chase Wathen

University of Miami Law Review

Appointed to the Supreme Court in 1986 by President Reagan, Justice Antonin Scalia redefined the philosophy of textualism. Although methods like the plain meaning rule had been around for over a century, the textualist philosophy of today was not mainstream. While Scalia’s textualism is thought to be a conservative philosophy, Scalia consistently maintained that it was judicial restraint rather than conservatism at the heart of his method. The key tenant of Scalia’s new textualism was an outright rejection of legislative history, which he often brought up in opinions only to mock and dismiss as irrelevant. Starting with the ...


The Pandemic And Privacy: The Global Culture Of Intrusion, Jon L. Mills, Lucca Viana, Danielle Black 2022 University of Florida Levin College of Law

The Pandemic And Privacy: The Global Culture Of Intrusion, Jon L. Mills, Lucca Viana, Danielle Black

Legislation and Policy Brief

No abstract provided.


Digital Commons powered by bepress