Legislation Commons^™

Disinfecting The Criminal Legal System Of Punitive Deterrence, Joseph Dole

DePaul Journal for Social Justice

No abstract provided.

Public Interest Burnout: Seven Factors That Increase The Risk, Sandra Simkins

DePaul Journal for Social Justice

No abstract provided.

Titles And Pronouns In The Academy: Academic Freedom And In-Class Speech Pursuant To Classroom Management, Michael K. Park

DePaul Journal for Social Justice

No abstract provided.

Women Seldom Make History And Tradition: Patriarchal Originalism In Dobbs, Anna Greer

DePaul Journal for Social Justice

No abstract provided.

The Constitutional Ambition Of Black Liberation, Paul A. Gowder

DePaul Journal for Social Justice

No abstract provided.

Rise Of The Machines: The Future Of Intellectual Property Rights In The Age Of Artificial Intelligence, Sofia Vescovo

Brooklyn Law Review

Artificial intelligence (AI) is not new to generating outputs considered suitable for intellectual property (IP) protection. However, recent technological advancements have made it possible for AI to transform from a mere tool used to assist in developing IP to the mind behind novel artistic works and inventions. One particular AI, DABUS, has done just so. Yet, while technology has advanced, IP law has not. This note sets out to provide a solution to the legal concerns raised by AI in IP law, specifically in the context of AI authorship and inventorship. The DABUS test case offers a model framework for …

Exploring Local Elected Officials' Capacity To Govern Effectively, Mario King

Dissertations

A successful local government exemplifies inclusivity, innovation, and deliberate decision-making, all advancing responsible management of taxpayers' resources. In this qualitative investigation, a phenomenological approach is employed to delve into the lived experiences of local elected officials. The aim of this study was to gain insights into the capacity of these local elected officials for success in governance. Subsequently, the insights from these local elected officials' experiences are harnessed to evaluate their influence and impact on municipal performance.

The management of municipal performance encompasses the provision of social services, the maintenance of fiscal operations, and adherence to statutory obligations (Avellaneda, 2008). …

Kneecapping Scalping: Ending The Predatory Scourge Plaguing E-Commerce Using Unfair Practice Frameworks, Zachary Michael Elvove

Brooklyn Law Review

Concert goers and sports fans are no longer the only people forced to pay absurdly marked up prices. From baby formula to video game consoles, scalping dominates the sale of goods online. Yet existing frameworks for antiscalping—specifically their relentless focus on tickets, bots, and hidden fees—fundamentally fail to address the parasitic profiteering that underpins scalping in the modern economy. We cannot understand the scope of harms posed by pernicious online resale if we focus purely on the minutiae of ticket markets and technological exploitation—the sheer number of industries affected by scalping and size of the market failure it causes demand …

Transcript – Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen

Journal of Law and Policy

In honor of Professor Susan Herman’s distinguished academic career and tenure as the ACLU’s president, a panel was held on Friday, October 13, 2023 at Brooklyn Law School and on Zoom to discuss the current state of civil liberties in the United States. The participants also discussed Professor Herman’s new book, Advanced Introduction to US Civil Liberties. The transcription below captures the discussion among Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero,and Nadine Strossen. All panelists have approved of the overall substantive accuracy of this transcription. Any remaining errors in this transcript should be attributed to the Journal of Law …

Getting To The Shore On Foot: Sustaining Harvester Access, Bill Zoellick, Pauline V. Angione, Emily Farr, Ada Fisher, Jessica Gribbon Joyce, B Lauer, Marissa Mcmahan Ph.D., Michael Pinkham, Vicki Rea

Maine Policy Review

"Working Waterfront" conjures images of the Portland Fish Exchange, Belfast shipyards, or wharves and piers in Stonington. Ensuring that such sites continue as essential elements of Maine's marine economy is increasingly the focus of innovative action and policy development. But policies to address Maine's working waterfronts must also attend to waterfront access required by those who reach it on foot. Such access rights are rarely conferred by private ownership. Instead, they depend on public ownership and, more frequently, on informal social arrangements between harvesters and property owners. In this article, we describe the nature of the shore access needed by …

Brief Of Amici Curiae Privacy And First Amendment Law Professors In Support Of Defendant-Appellant And Reversal, G. S. Hans, Hannah Bloch-Wehba, Danielle K. Citron, Julie E. Cohen, Mary Anne Franks, Woodrow Hartzog, Margot E. Kaminski, Gregory P. Magarian, Frank Pasquale, Neil Richards, Daniel J. Solove

Faculty Scholarship

STATEMENT OF INTEREST: Amici curiae are law professors and scholars of data privacy, constitutional law, and the First Amendment. Amici write to provide the court with scholarly expertise on the complexities of data privacy law and its intersection with the First Amendment. Amici have collectively written scores of academic articles and multiple books on data privacy, technology, the First Amendment, and constitutional challenges to state and federal privacy regulation.

Amici submit this brief pursuant to Fed. Rule App. P. 29(a) and do not repeat arguments made by the parties. No party’s counsel authored this brief, or any part of …

Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A publication co-authored by Indiana University Maurer School of Law Dean Christiana Ochoa and 2021 Law School alumna Kacey Cook has been selected to appear in the 17th edition of the Environmental Law and Policy Annual Review.

“Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help” was authored by Ochoa, Cook, and University of Minnesota Law School third-year student Hanna Weil and was published in January 2023 in the Minnesota Law Review.

The Bharatiya Sakshya Bill, 2023: A New And Unimproved Evidence Act, Kunal Ambasta

Popular Media

The secrecy in drafting the bill to replace the Evidence Act is reminiscent of colonial legislation by committee. The lack of consultation has meant that the interpretative confusions in existing law remain unresolved.

California’S 2023 Legislative Cycle: Governor Newsom Provides Victories And Losses For The Labor Movement, Victoria Chan

GGU Law Review Blog

During the 2023 legislative cycle, the California Legislature sent more than 900 bills to Governor Gavin Newsom’s desk for his review. Of the 900 bills, thirteen bills were sponsored by the California Labor Federation (CLF) in support of major labor initiatives. The CLF is a coalition of 1,200 unions dedicated to protecting workers. The CLF indicated that this past legislative year was a “fantastic year for organized labor in the [California] State Legislature,” specifically, thirteen of its sponsored bills passed the California Legislature and arrived at the Governor’s desk for his review.

Below is a preview of two workers’ rights …

Congressional Briefing: Increasing Access To Medicare-Funded Physician Residency Slots, Julia Mattingly, Sarah Youngman, Ariel Ringo, Sarah Belcher

Commonwealth Policy Papers

The Fiscal Year (FY) 2022 Inpatient Prospective Payment System (IPPS) final rule designated the Centers for Medicare & Medicaid to implement 1,000 new Medicare-funded physician residency slots to qualifying hospitals authorized by the Consolidated Appropriations Act (CAA) of 2021, phasing in 200 slots per year over five years.However, in its first round of allocation of 200 slots in 2023, only 5 rural hospitals in the country received slots, despite Section 126 of the CAA.

In this brief, we discuss potential solutions to address this allocation shortfall.

A Critical Access Pharmacy Program, Julia Mattingly, Jack Reynolds

Commonwealth Policy Papers

With much light on rural hospital closures and healthcare workforce shortages, a sect of rural healthcare rarely discussed is the availability and accessibility of rural independent pharmacies. Pharmacies are a vital part of healthcare delivery in rural communities, with many not only supplying medications but also offering clinical services such as immunizations, blood pressure and glucose monitoring, medication counseling, and more. As funds are available, Congress should designate the Centers for Medicare & Medicaid Services to establish a Critical Access Pharmacy Care Program to ensure the sustainability of critical access pharmacies throughout the United States. Specifics of the proposed program …

Congressional Briefing: Support America’S Circular Economy By Upcycling Bourbon & Brewing Wastes In Reauthorizing The Farm Bill, Samuel Kessler

Commonwealth Policy Papers

Following state level development of a new spent grain incentive system, leading to KY House Bill 627 in 2022, CPC’s Congressional Summit dialogue considered initial components and possibilities for designing an incentive to upcycle “keystone” organic wastes in regional economies across the US. For member offices, a set of general recommendations are provided for a national spent-grain upcycling incentive pilot program. It is suggested that staff of the Bourbon caucus consult with the references in this briefing and USDA Rural Development to consider further development of an incentive program in the reauthorization of the Farm Bill.

It is further urged …

Congressional Briefing: A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas, Julia Mattingly, Sarah Belcher

Commonwealth Policy Papers

This congressional briefing outlines federal policy implications, following state level use of HPSAs in targeted incentives for healthcare workforce development also published by the Commonwealth Policy Institute.

Draft State Legislation: "Cycle-Based Adoption Of The International Code Council’S Model Building And Energy Conservation Codes", Hailey M. Mattingly

Commonwealth Policy Papers

This draft state legislation crafted with nonprofit partners is created in order to update building codes across the Commonwealth of Kentucky with uniform professional standards also adopted by surrounding states which are provided by the ICC, in order to improve resilience to natural disasters. This bill draft is accompanied with a short brief published in the same volume.

Maximize “West End Opportunity” In America: Alternative Policy Options To Address Perceived Drawbacks Of Tax Increment Financing (Tif) & Opportunity Zones, Justin Avert, Samuel C Kessler

Commonwealth Policy Papers

In March 2021, the Kentucky General Assembly passed House Bill 321 (Acts Chapter 203) authorizing the creation of a tax increment finance (TIF) district within the West End of Louisville. Designed to spur community-wide economic development, it set up a public-private nonprofit partnership. Known as the West End Opportunity Partnership (WEOP), this 21-seat board include community representatives and has sole control over any fund disbursement. Funds can be used towards a broad array of investments including small business loans, financing affordable housing units, home improvements, etc.

Residents within the district have expressed opposition to the TIF, skepticism towards the board …