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

Legislation Commons

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

7537 Full-Text Articles 5467 Authors 1907171 Downloads 148 Institutions

All Articles in Legislation

Faceted Search

7537 full-text articles. Page 142 of 150.

Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner MD 2010 University of Arkansas School of Law

Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md

Robert B Leflar

Column 5 (of 5) on the health reform debate


The Congress Within The Congress: How Tax Expenditures Distort Our Budget And Our Political Processes, Edward D. Kleinbard 2010 USC Law School

The Congress Within The Congress: How Tax Expenditures Distort Our Budget And Our Political Processes, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

Tax expenditures have grown in importance to the point where they are now the dominant instruments for implementing new discretionary spending policies, and operate at a cost in forgone revenues unmatched since the Tax Reform Act of 1986. While it is true that some forms of government intervention are best delivered through the tax system, it cannot be the case that neutral design principles would lead to a situation where the federal government spends twice as much through tax expenditures as it does through explicit discretionary spending programs.

This paper, the Fourteenth Annual Woodworth Memorial Lecture, is a meditation on ...


Avaliar, Sim; Mas Devagar, Paulo Ferreira da Cunha 2010 Universidade do Porto

Avaliar, Sim; Mas Devagar, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Quem guarda os guardas ? podem colegas julgar colegas, com imparcialidade ? Podem directores julgar omniscientemente todos os que o não são, só por o serem ? Podem estudantes, parte interessada, julgar com competência e justiça (em inquéritos nem sempre objectivos, a que podem responder tanto assíduos como faltosos, os de 0 como os de 20)? E podem os professores, se assim avaliados, deixar de passar a lisonjear os poderes e a tentar seduzir os alunos ?


Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky 2010 University of North Carolina School of Law

Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky

Michigan Law Review First Impressions

The recent health care reform law's most controversial provision is the individual mandate, which imposes a fine on individuals who fail to obtain a minimum level of health insurance coverage. Many object to this policy, arguing that the government shouldn't force individuals to purchase health insurance. Others believe that the mandate is a necessary component to health care reform. What has been missed in the discussion is that Congress could restructure the individual mandate to avoid the requirement that individuals purchase health insurance while still fulfilling its principal function. The principal purpose of the mandate is not to ...


Language Access In State Courts, Laura Abel 2010 Brennan Center for Justice at NYU School of Law

Language Access In State Courts, Laura Abel

New York University Public Law and Legal Theory Working Papers

Almost 25 million people in the U.S. have limited proficiency in English (LEP), meaning that they can protect their rights, children, homes and safety in court only with the assistance of an interpreter. When competent interpreters are not available in civil cases, judges cannot accurately find facts, litigants cannot comply with court orders, the public loses faith in the justice system, and states cannot enforce their civil laws. The federal Civil Rights Act mandates access to interpreters for LEP individuals in all civil cases in courts receiving federal funds. Nonetheless, an in-depth examination of court interpreter services in the ...


The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew McCubbins 2010 UC San Diego

The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew Mccubbins

University of Southern California Legal Studies Working Paper Series

One of the oldest axioms about human decision-making is that knowledge is power. To be more specific, knowledge may enable people to make reasoned – that is, welfare improving – decisions. To determine whether this adage applies to voters with respect to ballot measures, we test four hypotheses. We find first that voters who know certain basic facts about an initiative vote similarly to voters who have knowledge of an information shortcut related to that initiative. We also show that many voters employ a “defensive no” strategy when faced with complex policy choices on the ballot. This reaction means that voters whose ...


Health Reform: Arkansas Impacts, Robert B. Leflar 2010 University of Arkansas School of Law

Health Reform: Arkansas Impacts, Robert B. Leflar

Robert B Leflar

Column 4 (of 5) on the health reform debate


Pensada Lei, Pensada Malícia. A Propósito Das Avaliações "De Desempenho" Aos Docentes, Paulo Ferreira da Cunha 2010 Universidade do Porto

Pensada Lei, Pensada Malícia. A Propósito Das Avaliações "De Desempenho" Aos Docentes, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

There is a widespread ignorance about what does and what it should do a university professor, lecturer or researcher. This will create dangerous myths about how teachers should be evaluated, because paying no attention to the nature of their labor, and resulting on the creation of deep injustice. It is feared that such systems to be implemented result in infinite time-consuming bureaucratic. Precious time that should be used in teaching and research. That may also pollute the environment by creating lethal enemies among teaching people, ending up in lengthy legal proceedings. This article seeks to make a diagnosis of myths ...


Por Uma Avaliação Objectiva, Paulo Ferreira da Cunha 2010 Universidade do Porto

Por Uma Avaliação Objectiva, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Com base em mitos educativos muito difundidos, e cavalgando o corcel do temor reverencial dos docentes antes o educativamente correcto, têm-se instalado perspectivas muito injustas sobre o que se deve e como se deve avaliaro dito "desempenho" dos professores, designadamente do ensino superior. Este artigo, sem discutir as questões filosóficas de base de toda a avaliação, procura minimizar os danos do processo em curso propondo concretos critérios de uma avaliação que não seja a manifestação do puro arbítrio dos poderes académicos pontuais, manipulando grelhas subjectivas e complexíssimas. Pretende, pois, uma avaliação justa, pela objectividade.


The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick McKinley Brennan 2010 1567

The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan

Working Paper Series

The question of the place of higher law in the ordinary practice of law is even now dogged by the brooding omnipresence caricature. This Article seeks to introduce and apply a philosophically defensible account of natural law, the one defended by Thomas Aquinas, to various problematics of contemporary law and jurisprudence. The Article argues that such higher law is not so high as to be relevant only to sexy constitutional questions, as is often supposed, but to everything we do in law. The Article argues that liberals and conservatives alike should acknowledge both the place of natural law in the ...


Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick McKinley Brennan 2010 1567

Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan

Working Paper Series

Written for a conference at Villanova Law School held to celebrate and explore the work of Joseph Vining over forty years, this paper considers the adequacy of Vining’s phenomenology of law. Specifically, it inquires into the accuracy of Vining’s startling claims that “legislation is a problem in law, not central to law” and “rules are nowhere to be found” in law. The argument of the paper is that when -- but only when -- law is understood to be an ordinance of reason in the mind of him or them who have care of the community, for the common good ...


Derecho De La Seguridad Social En México, Bruno L. Costantini García 2010 ITESM Campus Puebla

Derecho De La Seguridad Social En México, Bruno L. Costantini García

Bruno L. Costantini García

Breve presentación del Derecho de la Segurida Social en México.

¿Qué es?

¿Cómo funciona?

¿Su aplicación?


Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese 2010 University of Pennsylvania

Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese

Faculty Scholarship

No abstract provided.


Prefácio Aos Prefácios, Paulo Ferreira da Cunha 2010 Universidade do Porto

Prefácio Aos Prefácios, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

No presente artigo, ensaia-se uma sintética teorização em torno dos prefácios. O seu diálogo com o corpo do texto que apresentam não é simples, mas torna-se muito revelador. vale a pena ler e analisar estes textos, que alguns saltam displicentemente, e outros perscrutam com curiosidade...


Filosofia Antropológica?, Paulo Ferreira da Cunha 2010 Universidade do Porto

Filosofia Antropológica?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Muito do que se passa nas nossas sociedades, actualmente, depende de termos ou não termos um olhar filosófico, e de termos ou não termos a capacidade perspectivista do antropólogo. O presente artigo chama a atenção para a necessidade de a Filosofia, tentando furtar-se à tirania do Logos na versão dos ares "grão senhores", de que falava Kant, procure o olhar de "terceiro", e o despojamento de recursos da Antropologia cultural.


False Imprisonment As A Tort In India, Hari Priya 2010 NALSAR University of Law

False Imprisonment As A Tort In India, Hari Priya

Hari Priya

The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.


Taxation Without Representation, Nancy Staudt 2010 Northwestern University School of Law

Taxation Without Representation, Nancy Staudt

Faculty Working Papers

Poll taxes are unconstitutional and yet Americans continue to link political rights to economic status. When taxpayers claim, "We pay taxes and therefore should decide how public monies are spent," they claim a privileged position in society based on their monetary contributions to the state and federal fiscal position that, by implication, nontaxpaying Americans should not have. Not only do taxpayers claim they deserve special political privileges, but the law itself continues to couple political rights to taxpaying status in ways that legal scholars have largely left unexplored. This article examines a range of political benefits tied to the payment ...


Public Wrongs And Private Bills: Indemnification And Government Accountability In The Early Republic, James E. Pfander, Jonathan L. Hunt 2010 Northwestern University School of Law

Public Wrongs And Private Bills: Indemnification And Government Accountability In The Early Republic, James E. Pfander, Jonathan L. Hunt

Faculty Working Papers

Students of the history of administrative law in the United States regard the antebellum era as one in which strict common law rules of official liability prevailed. Yet conventional accounts of the antebellum period often omit a key institutional feature. Under the system of private legislation in place at the time, federal government officers were free to petition Congress for the passage of a private bill appropriating money to reimburse the officer for personal liability imposed on the basis of actions taken in the line of duty. Captain Little, the officer involved in one oft-cited case, Little v. Barreme, pursued ...


Judicial Legislation, Anthony D'Amato 2010 Northwestern University School of Law

Judicial Legislation, Anthony D'Amato

Faculty Working Papers

My argument will be that it is unjust in the broadest view of our legal system for judges to legislate, even if they confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in diminishing the judicial legislation position, it would tend to serve to corroborate Dworkin's rights thesis.


From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super 2010 University of Maryland School of Law

From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super

Faculty Scholarship

Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon ...


Digital Commons powered by bepress