S15rs Sgr No. 33 (Dr. Kurpius Thank You), 2015 Louisiana State University
S15rs Sgr No. 33 (Dr. Kurpius Thank You), Z Faircloth, Joan Lyons
Student Senate Enrolled Legislation
No abstract provided.
S15rs Lo No. 3 (Murphy/Dunn For Development), 2015 Louisiana State University
S15rs Lo No. 3 (Murphy/Dunn For Development), Adam Grashoff
Student Senate Enrolled Legislation
No abstract provided.
S15rs Lo No. 4 (Boudreaux For Sgt. At Arms), 2015 Louisiana State University
S15rs Lo No. 4 (Boudreaux For Sgt. At Arms), Adam Grashoff
Student Senate Enrolled Legislation
No abstract provided.
S15rs Lo No. 1 (Sullivan For Secretary), 2015 Louisiana State University
S15rs Lo No. 1 (Sullivan For Secretary), Adam Grashoff
Student Senate Enrolled Legislation
No abstract provided.
S15rs Lo No. 7 (Reapportion), 2015 Louisiana State University
S15rs Lo No. 7 (Reapportion), Adam Grashoff
Student Senate Enrolled Legislation
No abstract provided.
S15rs Lo No. 2 (Bopp/Petit For Programming), 2015 Louisiana State University
S15rs Lo No. 2 (Bopp/Petit For Programming), Adam Grashoff
Student Senate Enrolled Legislation
No abstract provided.
S15rs Lo No. 8 (Z. Holley For Communications), 2015 Louisiana State University
S15rs Lo No. 8 (Z. Holley For Communications), Adam Grashoff
Student Senate Enrolled Legislation
No abstract provided.
S15rs Lo No. 12 (Gilley For Spab), 2015 Louisiana State University
S15rs Lo No. 12 (Gilley For Spab), Adam Grashoff
Student Senate Enrolled Legislation
No abstract provided.
S15rs Lo No. 6 (Fraenckel For Parliamentarian), 2015 Louisiana State University
S15rs Lo No. 6 (Fraenckel For Parliamentarian), Adam Grashoff
Student Senate Enrolled Legislation
No abstract provided.
The New State Sovereignty Movement, 2015 Maurer School of Law: Indiana University
The New State Sovereignty Movement, Austin L. Raynor
Indiana Law Journal
In the past decade, states across the country have enacted a flood of legislation to resist perceived federal encroachments on their sovereignty. These opposition statutes assume a variety of forms: some, for instance, merely prohibit state officers from assisting in the enforcement of federal law, while others purport to nullify particular federal regulations. In the fields of controlled substances, immigration, and healthcare, among others, state acts of protest have stimulated the national debate and influenced legal obligations in important ways.
This Article provides the first comprehensive overview of this nascent state sovereignty movement. It categorizes opposition enactments according to the …
Federalism And Family Status, 2015 University of California, Davis
Federalism And Family Status, Courtney G. Joslin
Indiana Law Journal
The myth of family law’s inherent localism is sticky. In the past, it was common to hear sweeping claims about the exclusively local nature of all family matters. In response to persuasive critiques, a narrower iteration of family law localism emerged. The new, refined version acknowledges the existence of some federal family law but contends that certain “core” family law matters—specifically, family status determinations—are inherently local. I call this family status localism. Proponents of family status localism rely on history, asserting that the federal government has always deferred to state family status determinations. Family status localism made its most recent …
Process Costs And Police Discretion, 2015 United States District Court for the Southern District of New York
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Articles
Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these …
Reviving Fiscal Citizenship, 2015 Indiana University Maurer School of Law
Reviving Fiscal Citizenship, Ajay K. Mehrotra
Michigan Law Review
April 15 is a day that most Americans dread. That date is, of course, when federal and nearly all state-level individual income tax returns are due. Agonizing over the filing of income tax returns has long been a perennial part of modern American legal culture. Since the mid-1940s, when the United States first adopted a return-based mass income tax, the vast majority of Americans have been legally required to file an annual Form 1040. Over the years, taxpayers have been complaining about, procrastinating over, and generally loathing the filing of their annual tax returns. Indeed, in recent times, April 15 …
Silent Similarity, 2015 University of Michigan Law School
Silent Similarity, Jessica D. Litman
Articles
From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form—silent movies—had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases—in particular, Nichols v. Universal Pictures—are canonical today. They are not, however, well-understood. In particular, the problem at the heart of …
The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, 2015 New York University School of Law; Yale Law School; University College London; University of Oxford
The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin
Fordham Law Review
Proper constitutional interpretation takes both text and past practice as its object: Lawyers and judges faced with a contemporary constitutional issue must try to construct a coherent, principled, and persuasive interpretation of the text of particular clauses, the structure of the Constitution as a whole, and our history under the Constitution—an interpretation that both unifies these distinct sources, so far as this is possible, and directs future adjudication. They must seek, that is, constitutional integrity. So fidelity to the Constitution's text does not exhaust constitutional interpretation, and on some occasions overall constitutional integrity might require a result that could …
Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, 2015 Marquette University Law School
Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson
Marquette Law Review
Statutory interpretation often requires a court to review the legislative intent behind the statute. However, this task is not always easily undertaken when the intent of the legislature is itself unclear. A recent Wisconsin Supreme Court case illustrates the difficulty in properly interpreting arguably ambiguous statutory language. Nevertheless, this Comment hopes to demonstrate that by examining the history of remnant theory, it should be clear that uneconomic remnant claims in eminent domain proceedings were intended to be limited to situations where the partial taking creates either a physical remnant or a financial remnant. Furthermore, this Comment argues that the Wisconsin …
Making The Peg Fit The Hole: A Superior Solution To The Inherant Problems Of Incorporated Definitions, 2015 University of Arkansas at Little Rock William H. Bowen School of Law
Making The Peg Fit The Hole: A Superior Solution To The Inherant Problems Of Incorporated Definitions, Lindsey P. Gustafson
University of Arkansas at Little Rock Law Review
No abstract provided.
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, 2015 Loyola Marymount University and Loyola Law School
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper
Loyola of Los Angeles Law Review
Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …
Sox On Fish: A New Harm Of Overcriminalization, 2015 Indiana University
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
Northwestern University Law Review
The harms of overcriminalization are usually thought of in a particular way—that the proliferation of criminal laws leads to increasing and inconsistent criminal enforcement and adjudication. For example, an offender commits an unethical or illegal act and, because of the overwhelming breadth and depth of the criminal law, becomes subject to too much prosecutorial discretion or faces disparate enforcement or punishment. But there is an additional, possibly more pernicious, harm of overcriminalization. Drawing from the fields of criminology and behavioral ethics, this Essay makes the case that overcriminalization actually increases the commission of criminal acts themselves, particularly by white-collar offenders. …
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, 2015 University of the District of Columbia School of Law
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
University of the District of Columbia Law Review
This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) 1 of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL).2 This project was premised in part on the notion that many of the children caught in the District of Columbia's school-to-prison pipeline have disabilities that significantly affect their ability to learn, and that many of these children therefore encounter, more than other children, conflict with school personnel and failure in school. These children disproportionately repeat grades, face school …