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Articles 1 - 30 of 134
Full-Text Articles in Law
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
Journal of Legislation
This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
Journal of Legislation
Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Journal of Legislation
This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.
Volume 50, Issue Ii - Full Combined Issue
Volume 50, Issue Ii - Full Combined Issue
Journal of Legislation
No abstract provided.
Cover Page, Masthead, And Table Of Contents
Cover Page, Masthead, And Table Of Contents
Journal of Legislation
No abstract provided.
The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee
The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee
Journal of Legislation
This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Journal of Legislation
The few states that have passed the Model Consumer Sales Practices Act have common definitions and case law regarding the definition of a “supplier.” This definition is broad enough to include managers of companies in limited liability entities in the states that have adopted the model act. The practicality is that business principals, owners, and managers can be held personally liable for deceptive practices under the state acts. But this is not a piercing of the corporate veil or of the limited-liability company. This Article is meant to accomplish four purposes: (1) exhibit the origins of the act, (2) show …
A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel
A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel
Journal of Legislation
No abstract provided.
Cover Page, Masthead, And Table Of Contents
Cover Page, Masthead, And Table Of Contents
Journal of Legislation
No abstract provided.
Volume 50, Issue I - Full Combined Issue
Privacy Purgatory: Why The United States Needs A Comprehensive Federal Data Privacy Law, Emily Stackhouse Taetzsch
Privacy Purgatory: Why The United States Needs A Comprehensive Federal Data Privacy Law, Emily Stackhouse Taetzsch
Journal of Legislation
No abstract provided.
There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier
There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier
Journal of Legislation
No abstract provided.
Pay Differences In The Absence Of Discrimination: Legislative Fallacies And Statistical Truths, Allan G. King, Stephen G. Bronars
Pay Differences In The Absence Of Discrimination: Legislative Fallacies And Statistical Truths, Allan G. King, Stephen G. Bronars
Journal of Legislation
No abstract provided.
Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato
Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato
Journal of Legislation
No abstract provided.
Have Some Heart For The Heartland: A Call For A Federal Right To Repair Law, Gabriel Dominic Gomez
Have Some Heart For The Heartland: A Call For A Federal Right To Repair Law, Gabriel Dominic Gomez
Journal of Legislation
No abstract provided.
The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider
The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider
Journal of Legislation
In response to recent mass shootings, Congress passed the Bipartisan Safer Communities Act. The Act encouraged states to implement red-flag laws, adopted a more punitive approach to federal gun control, expanded the domestic violence misdemeanors that prohibit firearm possession, and implemented more stringent regulations on young adults purchasing firearms. Because of the difficulties in passing federal gun control laws, Congress hastily passed the Act after a small, bipartisan group of Senators agreed on its text. This stunted legislative process left the new law riddled with ambiguities and technical deficiencies. This Article explores the constitutional, doctrinal, and policy problems created by …
Charter Schools: A Missed Opportunity To Improve Education Through Innovation, Maria Chiara Parisi
Charter Schools: A Missed Opportunity To Improve Education Through Innovation, Maria Chiara Parisi
Journal of Legislation
The U.S. education system, unlike other fields, has failed to encourage and learn from innovation. Charter schools—publicly-funded schools with the freedom to develop innovative practices—offered an opportunity to address the education system’s resistance to change. The hope was that charter schools could serve as laboratories of innovation for new school models that traditional public schools across the country could later adopt.
Despite these good intentions, the charter school movement has not resulted in the change early advocates hoped for. Charter schools often recycle old practices instead of experimenting with new ones. And when a charter school does develop a successful …
A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose
A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose
Journal of Legislation
No abstract provided.
Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, K'Reisa Cox
Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, K'Reisa Cox
Journal of Legislation
No abstract provided.
Is It Fair? Is It Competitive? Is It Human?: Artificial Intelligence And The Extent To Which We Can Patent Ai-Assisted Inventions, Hubert Ning
Journal of Legislation
No abstract provided.
Pirates, Rogues, Revolutionaries, And Lobbyists: A Legislative History Of The Panama Canal Purchase Act Of 1902, Graham Markiewicz
Pirates, Rogues, Revolutionaries, And Lobbyists: A Legislative History Of The Panama Canal Purchase Act Of 1902, Graham Markiewicz
Journal of Legislation
Just three pages of legislative text was enough for the United States to embark on the one of the grandest engineering feats of all time. This Article examines the history, policies, and processes that led to the passage of the Panama Canal Purchase Act of 1902. Beginning and ending with civil wars in Latin America, this Article tells the story of how foreign affairs influence Washington, D.C., and vice versa. It follows closely a rotating cast of characters seeking fame and fortune who resorted to any lengths to achieve them. It winds through stories of revolutions, corruption, pirates, and cutthroat …
A Response To “Thou Shall Not Ration Justice”: Applied Behavior Analysis Causes Harm, Ariana Cernius
A Response To “Thou Shall Not Ration Justice”: Applied Behavior Analysis Causes Harm, Ariana Cernius
Journal of Legislation
No abstract provided.
Oh Brother, Where Art Thou Royalties?: Reflecting On The Emergence Of Bluegrass And Appalachian Folk Music In Promoting The American Music Fairness Act, Mark Edward Blankenship Jr.
Oh Brother, Where Art Thou Royalties?: Reflecting On The Emergence Of Bluegrass And Appalachian Folk Music In Promoting The American Music Fairness Act, Mark Edward Blankenship Jr.
Journal of Legislation
The film Oh Brother, Where Art Thou ironically illustrates two points that are relevant in in the context of copyright law within the music industry. First, it displays the strength of radio play on new artists’ lives, careers, and incomes, which was crucial for bluegrass and string-band artist. Second, the film highlights the distinction between the sound-recording copy-holder’s exclusive right to publicly perform their copyrighted sound recording live and the absence of any such right concerning terrestrial radio broadcasts. The absence of a public-performance right for broadcasts of copyrighted sound recordings by terrestrial radio stations (and the resulting non-incurrence of …
Table Of Contents And Masthead
Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang
Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang
Journal of Legislation
No abstract provided.
The Case For An Open Bar: Why The Supreme Court Must Establish A Public Bar Membership Roll, Harry William Baumgarten
The Case For An Open Bar: Why The Supreme Court Must Establish A Public Bar Membership Roll, Harry William Baumgarten
Journal of Legislation
No abstract provided.
Omnibus Legislation And Separation Of Powers: Too Big To Fail?, Evan Wright
Omnibus Legislation And Separation Of Powers: Too Big To Fail?, Evan Wright
Journal of Legislation
No abstract provided.
Panicked Legislation, Catherine L. Carpenter
Panicked Legislation, Catherine L. Carpenter
Journal of Legislation
No abstract provided.
Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary
Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary
Journal of Legislation
No abstract provided.