Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, 2017 American University
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod
No abstract provided.
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, 2017 American University Washington College of Law
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
Janie A Chuang
By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.
Marijuana, State Extraterritoriality, And Congress, 2017 IIT Chicago-Kent College of Law
Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen
Boston College Law Review
The Trump administration inherits the Obama administration’s policy of under-enforcing federal marijuana laws and a nation with a patchwork of divergent state laws. Although allowing diversity and experimentation, such divergence may impose spillover costs to some states. Some states may attempt to address these costs by exercising extraterritorial regulatory powers on their citizens. Although it is unclear and a matter of dispute whether and to what extent states have such extraterritorial authority, this Article shows that it is certain that Congress has power to set the bounds of state extraterritorial regulation, subject to only limited constitutional restraints. The Article ...
Marijuana Legalization And Nosy Neighbor States, 2017 Thomas Jefferson School of Law
Marijuana Legalization And Nosy Neighbor States, Alex Kreit
Boston College Law Review
As more states proceed with marijuana legalization laws, questions have arisen about how to accommodate those states that wish to retain prohibition. For instance, in 2014, Oklahoma and Nebraska unsuccessfully sued Colorado based on the spillover effects that Colorado’s marijuana legalization law had on its neighboring states. This article asserts that there are several reasons why state marijuana legalization laws are unlikely to have a large effect on neighboring states. First, marijuana is not a previously unobtainable good being introduced into the stream of commerce, as it is already available through the black market inexpensively. Second, legalization laws have ...
Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen
Pace Environmental Law Review
This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation ...
Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, 2017 University of Colorado Law School
Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace
These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:
- U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
- U.S. Department of ...
The Roberts Court And Freedom Of Speech, 2017 University of California, Irvine School of Law
The Roberts Court And Freedom Of Speech, Erwin Chemerinsky
This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years ...
Procedural Due Process Claims, 2017 Selected Works
Procedural Due Process Claims, Erwin Chemerinsky
No abstract provided.
Challenging Direct Democracy, 2017 Duke Law School
Challenging Direct Democracy, Erwin Chemerinsky
I want to argue today that direct democracy is undesirable and unconstitutional. I want to argue to you that the Supreme Court should find that the Michigan Civil Rights Initiative is unconstitutional, and strike it down. So I want to make two points. First, I am going to argue that direct democracy is undesirable. This is a normative argument; it’s not an argument about constitutional doctrine. Second, I want to argue that direct democracy is unconstitutional, and make a series of different arguments as to why.
A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), 2017 Nevada Law Journal
A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez
Nevada Supreme Court Summaries
NRS 62C.240 is triggered when circumstances surrounding a juvenile’s arrest plainly demonstrate that the juvenile was arrested for prostitution or solicitation even if the juvenile is charged with offenses other than prostitution or solicitation.
Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law
University of Michigan Journal of Law Reform
This Article takes an in-depth look at the evolution of cybersecurity information sharing legislation, leading to the recent passage of the Cybersecurity Information Sharing Act (CISA) and offers insights into how automated information sharing mechanisms and associated requirements implemented pursuant to CISA can be leveraged to help ensure liability protections when engaging in cyber threat information sharing with and amongst other non-federal government entities.
The New Unconstitutionality Of Juvenile Sex Offender Registration: Suspending The Presumption Of Constitutionality For Laws That Burden Juvenile Offenders, 2017 University of Michigan Law School
The New Unconstitutionality Of Juvenile Sex Offender Registration: Suspending The Presumption Of Constitutionality For Laws That Burden Juvenile Offenders, Spencer Klein
Michigan Law Review
In Smith v. Doe, the Supreme Court held that Alaska’s sex offender registration and notification statute did not constitute punishment and was therefore not susceptible to challenge under the Ex Post Facto Clause. In reaching that conclusion, the Court looked to the seven factors articulated in Kennedy v. Mendoza-Martinez. To evaluate those factors, the Court applied a presumption of constitutionality, conducting the sort of narrow factual inquiry characteristic of rational basis review. Since Smith, courts have disagreed as to whether sex offender laws are punitive when applied to juveniles, and the Supreme Court has not yet addressed the issue ...
Internal Administrative Law, 2017 Columbia Law School
Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack
Michigan Law Review
For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for ...
Disability Rights And Labor: Is This Conflict Really Necessary?, 2017 University of Michigan Law School
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current controversy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement ...
Legislating In The Shadows, 2017 Ohio State University - Main Campus
Legislating In The Shadows, Christopher J. Walker
Christopher J. Walker
Restoring Equity In Right-To-Work Law, 2017 UC Irvine School of Law
Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs
No abstract provided.
More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, 2017 SIT Graduate Institute
More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck
Emma Shattuck – PIM 75
MORE WOMEN IN PARLIAMENT: ADVOCACY LESSONS LEARNED
FROM THE GEORGIAN WOMEN’S TASK FORCE ON POLITICAL PARTICIPATION
This Policy Advocacy Course-Linked Capstone is a case study of an on-going advocacy campaign to increase women’s political participation in the Republic of Georgia’s Parliament. It tells the story of a dedicated group of advocates who are determined to help Georgian women’s voices be heard in a primarily male-dominated political context. Drawing on my personal experience living and working in Tbilisi, Georgia, and based on comprehensive key informant interviews with leaders of the campaign ...
Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, 2017 Louisiana State University Law Center
Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark
Louisiana Law Review
The article focuses on the mobile home eviction laws in Louisiana and discusses disparate application of Louisiana's eviction laws to mobile home owners, background on mobile homes and the demographics of the people who own these homes; and problems caused by these laws to mobile home owners.
The State Of Coal In Wyoming, 2017 University of Wyoming
The State Of Coal In Wyoming, Sidney A. Smith
Honors Theses AY 16/17
Coal has been part of Wyoming’s economy since the late 1800s and continues to have a major influence on the state. Since mining began, trends of rising and falling prices for coal have created economic instability. Currently, Wyoming’s coal industry is experiencing a downturn, leading to lay-offs and financial hardship for the state and municipalities. The Wyoming legislature has attempted to invigorate the industry through several pieces of legislation. Some of these include increasing the purview of the Wyoming Infrastructure Authority, funding the Integrated Technology Center in Gillette, and preventing new taxation on the industry. Governor Matt Mead ...
Revisiting Popular Action, 2017 Universidad Pablo de Olavide
Revisiting Popular Action, Raúl Sánchez Gómez
DePaul Journal for Social Justice
No abstract provided.