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Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil 2015 SelectedWorks

Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil

Kara Loewentheil

Reaction to the Supreme Court's opinion in Hobby Lobby v. Burwell was swift and extreme from almost all quarters. Members of the Satanic Temple, a religious group focused on personal autonomy, individual freedom, and ethical action, announced that they would henceforth be objecting to so-called “informed consent” statutes in the abortion services context. Wisconsin Governor Scott Walker’s administration, on the other hand, announced that he would no longer be enforcing Wisconsin's contraceptive equity law because it was “preempted” by the Supreme Court's decision. In this Article, I demonstrate that Scott Walker’s administration and the Satanic ...


Environmental Federalism's Tug Of War Within, Erin Ryan 2015 SelectedWorks

Environmental Federalism's Tug Of War Within, Erin Ryan

Erin Ryan

Anyone paying attention has noticed that many of the most controversial issues in American governance—health care reform, marriage rights, immigration, drug law, and others—involve questions of federalism. The intensity of these disputes reflects inexorable pressure on all levels of government to meet the increasingly complicated challenges of governance in an ever more interconnected world, where the answers to jurisdictional questions are less and less obvious. Yet even as federalism dilemmas continue to erupt all from all corners, environmental law remains at the forefront of controversy, and it is likely to do so for some time. From mining to ...


Racial Politics Of American History And The United Nations: The Impact Of The Cold War On The Civil Rights Movement, Amy C. Cody 2014 The College at Brockport: State University of New York

Racial Politics Of American History And The United Nations: The Impact Of The Cold War On The Civil Rights Movement, Amy C. Cody

Education and Human Development Master's Theses

Thesis research focuses around the Civil Rights Congress' 1951 United Nations Petition charging the United States with genocide against the African American race. This thesis also examines the complexities of global politics and the impact Communism had on the civil rights organization's ability to gain support for reform on the domestic and international level.


To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma 2014 Pace University

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be ...


Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz 2014 University of Rhode Island

Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz

Senior Honors Projects

Paid Family Leave policies are rare in the United States. Around the world, one hundred and eighty-two countries provide some form of paid maternity leave, and seventy countries also offer paid paternity leave. It is estimated that only 36 percent of U.S. employees have access to paid leave if they get sick, a policy that is almost universal in other developed countries, and only 12 percent of employees have access to paid family leave. Presently, just three states have implemented Paid Family Leave (PFL) to help offset the cost of time taken off of work to care for a ...


Reconciling The Municipal Pension Problem With Chapter 9'S Automatic Stay: A Case Note On In Re City Of San Bernardino, Michael Simon 2014 Pepperdine University

Reconciling The Municipal Pension Problem With Chapter 9'S Automatic Stay: A Case Note On In Re City Of San Bernardino, Michael Simon

The Journal of Business, Entrepreneurship & the Law

Using In re City of San Bernardino as a springboard, this Note explores both the descriptive and analytic dimensions of a municipality seeking relief from its pension woes within the context of Chapter 9 of the Bankruptcy Code. As a descriptive matter, this Note illustrates that municipalities need alternative solutions to address the growing public pension problem besides issuing municipal bonds. Given the structure of certain public defined benefit pension systems, the strategy of issuing municipal bonds to raise cash has substantial disadvantages. In certain contexts, Chapter 9 of the Bankruptcy Code provides a significantly better alternative. Unlike a business ...


Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar

Touro Law Review

No abstract provided.


Supreme Court, New York County, People V. Cespedes, Kathleen Egan 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.


City Court, City Of Rochester, People V. Barton, Kerri Grzymala 2014 Touro College Jacob D. Fuchsberg Law Center

City Court, City Of Rochester, People V. Barton, Kerri Grzymala

Touro Law Review

No abstract provided.


Criminal Court, New York County, People V. James, Nicole Compas 2014 Touro College Jacob D. Fuchsberg Law Center

Criminal Court, New York County, People V. James, Nicole Compas

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr. 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.

Touro Law Review

No abstract provided.


Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt 2014 University of Michigan Law School

Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt

Michigan Law Review First Impressions

The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether ...


How Should The Law Treat Roommate Relationships? A Tale Of Two Cases, Tim Iglesias 2014 University of San Francisco

How Should The Law Treat Roommate Relationships? A Tale Of Two Cases, Tim Iglesias

Tim Iglesias

The law of roommates is an important but underdeveloped area of landlord-tenant law. Two recent cases, Fair Hous. Council v. Roommate.com, 666 F.3d 1216 (9th Cir. 2012) and Mercury Cas. Co. v. Chu, 229 CA4th 1432 (2014), offer contrasting approaches. This article explores the issues, reviews the cases and favors the Mercury court's approach.


The Promises And Pitfalls Of Micro-Housing, Tim Iglesias 2014 University of San Francisco

The Promises And Pitfalls Of Micro-Housing, Tim Iglesias

Tim Iglesias

This is a primer on the new and growing phenomenon of micro-housing. It defines micro-housing, discusses policy arguments and outlines regulatory issues.


Physical Security For Elementary Schools, Tom Foley 2014 Embry-Riddle Aeronautical University

Physical Security For Elementary Schools, Tom Foley

National Security and Intelligence Symposium

Presentation to the 10th Annual National Security and Intelligence Symposium on October 23, 2013. This presentation covers techniques for improving physical security in elementary schools.


Dr John Liebert Presentation, Dr John Liebert 2014 Embry-Riddle Aeronautical University

Dr John Liebert Presentation, Dr John Liebert

National Security and Intelligence Symposium

No abstract provided.


A Training Partnership That Began With A Grant, Vernon Herron, Laura Hoch, Alexandra Podolny 2014 University of Maryland Francis King Carey School of Law

A Training Partnership That Began With A Grant, Vernon Herron, Laura Hoch, Alexandra Podolny

Homeland Security Publications

No abstract provided.


Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay 2014 College of William & Mary Law School

Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay

William & Mary Bill of Rights Journal

Brewing tensions between state governments and the federal government have reached a boiling point unmatched since the civil rights debates of the 1960s. In light of the rapid expansion of federal power combined with colliding views on various policies, the call for states’ rights has increasingly become a rallying cry for lawmakers that has gained traction with groups on varying points along the political spectrum, as well as a frequent theory employed by the Supreme Court. While the system of federalism created by the Constitution certainly has its unique benefits, and while it is true that the federal government was ...


Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget 2014 Seattle University School of Law

Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget

Seattle University Law Review

Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking ...


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