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Leahy—Sharpening The Blade, Nandor F.R. Kiss 2019 Pace University

Leahy—Sharpening The Blade, Nandor F.R. Kiss

Pace International Law Review

Over the course of the last 20 years, the Leahy Law has become one of the cornerstones of foreign and human rights policy. Yet, despite its largely unchallenged importance, field practitioners and other stakeholders have identified a number of substantive and practical deficiencies that greatly diminish the law’s ability to achieve the desired effect, and worse, may pose a risk to the United States’ interests. In reflecting on these deficiencies, and armed with decades of data and anecdotal evidence, this Article proposes adjustments focused on better aligning the law’s intent and effect. These recommendations range from semantic edits ...


F18rs Sgr No. 18, Bridget Ryan 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


F19rs Sgb No. 2 (Order For Senators As Parliamentarian In Case Of Vacancy), Grashoff 2019 Louisiana State University

F19rs Sgb No. 2 (Order For Senators As Parliamentarian In Case Of Vacancy), Grashoff

Student Senate Enrolled Legislation

To amend the Student Senate Rules of Order to allow Senators to Serve as Parliamentarian in the Case of a Vacancy in the Position.


Lawmakers As Job Buyers, Edward W. De Barbieri 2019 Albany Law School

Lawmakers As Job Buyers, Edward W. De Barbieri

Fordham Law Review

In 2013, Washington State authorized the largest state tax incentive for private industry in U.S. history. It is not remarkable for a state legislature to use tax benefits to retain a major employer—in this case, the global aerospace manufacturer Boeing. Laws across all states and thousands of cities routinely incentivize companies such as Amazon to relocate or remain in particular areas. Notably, however, Washington did not recover any of the subsidies it authorized despite Boeing’s significant post-incentive workforce reductions. This story leads to several important questions: (1) How effective are state and local legislatures at influencing business-location ...


F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon 2019 Louisiana State University

F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon

Student Senate Enrolled Legislation

To amend the LSU Student Government Bylaws regarding executive staff and senatorial responsibilities


The Statutory Interpretation Muddle, Richard H. Fallon, Jr. 2019 Northwestern Pritzker School of Law

The Statutory Interpretation Muddle, Richard H. Fallon, Jr.

Northwestern University Law Review

Debates about statutory interpretation typically proceed on the assumption that statutes have linguistic meanings that we can identify in the same way that we identify the meaning of utterances in ordinary conversation. But that premise is false. We identify the meaning of conversational utterances largely based on inferences about what the speaker intended to communicate. With legislatures, as now is widely recognized, there is no unitary speaker with the sort of communicative intentions that speakers in ordinary conversation possess. One might expect this recognition to trigger abandonment of the model of conversational interpretation as a framework for interpreting statutes. Instead ...


Book Review, Roberto Rosas 2019 St. Mary's University School of Law

Book Review, Roberto Rosas

St. Mary's Law Journal

Abstract forthcoming


Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino 2019 University of Cincinnati College of Law

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Faculty Articles and Other Publications

This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court ...


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.


From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy 2019 William & Mary Law School

From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy

Frederick W. Dingledy

For a legal system to succeed, its laws must be available to the public it governs. This article looks at the methods used by different governments throughout history to publicize legislation and the rulers’ possible motivations for publication. It concludes by discussing how the Uniform Electronic Legal Material Act provides the next logical step in this long tradition of publicizing the law.


Felix Cohen On Legislation, Michael S. Green 2019 William & Mary Law School

Felix Cohen On Legislation, Michael S. Green

Michael S. Green

Felix Cohen's and Walter Wheeler Cook's prediction theory of law was a fundamentally positivist theory, according to which the law of a jurisdiction is reducible to regularities of official behavior. Cohen used the prediction theory to argue for philosophical anarchism - that is, the view that the existence of law does not entail a duty, even a prima facie duty, of obedience. In particular, Cohen extended philosophical anarchism to adjudication. The fact that officials in a jurisdiction regularly behave in a certain way does not give a judge adjudicating a case a moral reason to do the same. In ...


Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins 2019 William & Mary Law School

Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins

Neal E. Devins

No abstract provided.


Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

In the U.S. Senate, only one-third of the members stand for election every two years; the rest carry over from one congressional term to the next. In this regard the Senate differs from the House of Representatives, where all members stand for election every two-year cycle. That much is familiar, but what legal consequences flow from this structural difference? According to some legislators, courts, and commentators, this difference is very important in that it makes the Senate, but not the House, a "continuing body." The continuing-body idea is invoked to defend highly controversial aspects of Senate practice. By far ...


Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Presence Is No Present: From "Being" To "Eating" At The Table, Amiel B. Harper, Esq. 2019 DePaul University College of Law: Center for Public Interest Law

Presence Is No Present: From "Being" To "Eating" At The Table, Amiel B. Harper, Esq.

DePaul Journal for Social Justice

No abstract provided.


Addressing Police Accountability & Community Safety, DePaul Panel 2019 DePaul University College of Law: Center for Public Interest Law

Addressing Police Accountability & Community Safety, Depaul Panel

DePaul Journal for Social Justice

No abstract provided.


Welfare Reform & The Devaluation Of Women's Work, Anna Kerregan 2019 DePaul University College of Law: Center for Public Interest Law

Welfare Reform & The Devaluation Of Women's Work, Anna Kerregan

DePaul Journal for Social Justice

No abstract provided.


An Excerpt Of Iniquity: How Court Systems, Attorneys, And Legal Aid Organizations Cheated Homeowners In Foreclosure, Kelli Dudley 2019 DePaul University College of Law: Center for Public Interest Law

An Excerpt Of Iniquity: How Court Systems, Attorneys, And Legal Aid Organizations Cheated Homeowners In Foreclosure, Kelli Dudley

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, DePaul Journal for Social Justice 2019 DePaul University College of Law: Center for Public Interest Law

Table Of Contents, Depaul Journal For Social Justice

DePaul Journal for Social Justice

No abstract provided.


Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke 2019 The Graduate Center, City University of New York

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

All Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies ...


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