Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (6)
- Georgetown University Law Center (3)
- SelectedWorks (3)
- University of Richmond (3)
- Schulich School of Law, Dalhousie University (2)
-
- University of the District of Columbia School of Law (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Cornell University Law School (1)
- Duke Law (1)
- Maurer School of Law: Indiana University (1)
- St. John's University School of Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of San Diego (1)
- Ursinus College (1)
- Villanova University Charles Widger School of Law (1)
- Publication
-
- Donna M. Hughes (5)
- University of Richmond Law Review (3)
- Articles, Book Chapters, & Popular Press (2)
- Charts and Summaries of State, U.S., and Foreign Laws and Regulations (2)
- Faculty Scholarship (2)
-
- Journal Articles (2)
- All Faculty Scholarship (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Cornell Law School Inter-University Graduate Student Conference Papers (1)
- Dr. Ittai Bar-Siman-Tov (1)
- Elora Mukherjee (1)
- Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Harper Jean Tobin (1)
- Indiana Law Journal (1)
- Ira Steven Nathenson (1)
- Journal of Health Care Law and Policy (1)
- Philosophy and Religious Studies Faculty Publications (1)
- Publications (1)
- San Diego International Law Journal (1)
- Working Paper Series (1)
- Publication Type
Articles 1 - 30 of 31
Full-Text Articles in Law
Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School
Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School
All Faculty Scholarship
The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness, for …
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
University of Richmond Law Review
No abstract provided.
Labor And Employment Law, Vijay K. Mago, Nancy B. Sasser, Allison M. Perry
Labor And Employment Law, Vijay K. Mago, Nancy B. Sasser, Allison M. Perry
University of Richmond Law Review
No abstract provided.
Taxation, Craig D. Bell
The Citizens Were Heard, Donna M. Hughes Dr.
The Citizens Were Heard, Donna M. Hughes Dr.
Donna M. Hughes
An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler
An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler
San Diego International Law Journal
This Comment identifies six factors which my be analyzed to predict the outcome of Japan's new "Metabo" legislation: (1) the compelling need for anti-obesity legislation; (2) the broad authority vested in Japanese physicians and medical policymakers; (3) the Japanese cultural emphasis on harmony; (4) the structure of the Japanese Constitution; (5) the legislation's enforcement mechanisms; and (6) the costs of the program. This Comment predicts that although the cost of implementing the program could pose a serious impediment to initiating the anti-obesity campaign on a national scale, the new legislation is likely to succeed in decreasing Japanese obesity.
Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.
Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.
Donna M. Hughes
The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.
The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.
Donna M. Hughes
Genetic Enhancements And Expectations, Kelly Sorensen
Genetic Enhancements And Expectations, Kelly Sorensen
Philosophy and Religious Studies Faculty Publications
Some argue that genetic enhancements and environmental enhancements are not importantly different: environmental enhancements such as private schools and chess lessons are simply the old-school way to have a designer baby. I argue that there is an important distinction between the two practices—a distinction that makes state restrictions on genetic enhancements more justifiable than state restrictions on environmental enhancements. The difference is that parents have no settled expectations about genetic enhancements.
Action Alert For Senate: Comments On Human Trafficking Bills, Donna M. Hughes Dr.
Action Alert For Senate: Comments On Human Trafficking Bills, Donna M. Hughes Dr.
Donna M. Hughes
Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr.
Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr.
Donna M. Hughes
Bills Introduced In The 111th Congress Regarding Flexible Work Arrangements, Workplace Flexibility 2010, Georgetown University Law Center
Bills Introduced In The 111th Congress Regarding Flexible Work Arrangements, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers. This document charts bills introduced in the 111th Congress regarding flexible work arrangements.
The Genetic Information Nondiscrimination Act Of 2008: A Case Study Of The Need For Better Congressional Responses To Federalism Jurisprudence, Harper Jean Tobin
The Genetic Information Nondiscrimination Act Of 2008: A Case Study Of The Need For Better Congressional Responses To Federalism Jurisprudence, Harper Jean Tobin
Harper Jean Tobin
The Genetic Information Nondiscrimination Act of 2008 (GINA) is the first new civil rights statute enacted since the “federalism revolution” of 1995-2001, in which the Supreme Court announced new limitations on congressional authority. Among other things, these decisions invalidated civil rights remedies against states, declaring that Congress had failed to amass sufficient evidence of the need for legislation. Although passed in the shadow of these decisions, GINA’s limited legislative history makes it vulnerable to attack – potentially limiting its protections for millions of state employees. States will likely attack GINA on two grounds: first, that Congress relied only on its …
The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center
The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Minimalism: An Implication For American Judicial Review Of Legislation In Deciding Over Rights?, Luz Helena Orozco Y Villa
Minimalism: An Implication For American Judicial Review Of Legislation In Deciding Over Rights?, Luz Helena Orozco Y Villa
Cornell Law School Inter-University Graduate Student Conference Papers
The diverse theories of constitutional interpretation in the United States share one strong common purpose: to constrain the adjudicator. Whether is text, tradition, structure or democracy, the prevailing fear behind these reasons is the inescapable empowerment of the “least dangerous branch” that comes with judicial review. This anxiety can be explained through the analysis of the systemic and contextual factors in American constitutionalism. Furthermore, because of the constitutional structure of the United States, there is a permanent tension in judicial activity between certainty and legitimacy. Therefore, I defend a minimalistic approach for judicial review of legislation, particularly in cases dealing …
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Working Paper Series
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin
Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin
Journal Articles
No abstract provided.
Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin
Journal Articles
Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …
Writer's Block - Resolve To Become A Better Writer, David Spratt
Writer's Block - Resolve To Become A Better Writer, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Ira Steven Nathenson
Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …
Abolishing The Time Tax On Voting, Elora Mukherjee
Abolishing The Time Tax On Voting, Elora Mukherjee
Elora Mukherjee
A “time tax” is a government policy or practice that forces one citizen to pay more in time to vote compared with her fellow citizens. While few have noticed the scope of the problem, data indicate that, due primarily to long lines, hundreds of thousands if not millions of voters are routinely unable to vote in national elections as a result of the time tax, and that the problem disproportionately affects minority voters and voters in the South. This Article documents the problem and offers a roadmap for legal and political strategies for solving it. The Article uses as a …
Medical Technology Meets The Maryland General Assembly: A Case Study In Handling Advances In Automated External Defibrillator Technology, Kevin M. Rodkey
Medical Technology Meets The Maryland General Assembly: A Case Study In Handling Advances In Automated External Defibrillator Technology, Kevin M. Rodkey
Journal of Health Care Law and Policy
No abstract provided.
Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann
Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann
Indiana Law Journal
It is traditionally assumed that the role of ascertaining and evaluating the social facts underlying a statute belongs to the legislatures. The courts in turn are tasked with deciding the law and must defer to legislative fact-finding on relevant issues of social fact. This simplistic formula, however, does not accurately describe the courts' confused approach to legislative fact-finding. Although the courts often speak in terms of deference, they follow no consistent or predictable pattern in deciding whether to defer in a given case. Moreover, blanket judicial deference to legislative fact-finding would not be a wise general rule. Because social fact-finding …
The Conscientious Legislator And Public Opinion On Taxes, Lawrence A. Zelenak
The Conscientious Legislator And Public Opinion On Taxes, Lawrence A. Zelenak
Faculty Scholarship
This essay examines some of the difficulties of understanding public opinion on taxes, and offers some suggestions as to how the conscientious legislator might proceed in light of those difficulties. The essay begins by describing two contexts in which public opinion appears to contradict itself, and suggests how the apparent contradictions might be resolved. It then offers three suggestions for the conscientious legislator whose goal is to discern (rather than to manipulate) public opinion on taxes - to be neither unduly optimistic nor despairing about the potential for educating the public on tax policy issues, to understand and guard against …
The Notsogolden Years Why Hate Crime Legislation Is Failing A Vulnerable Aging Population, Helia Garrido Hull
The Notsogolden Years Why Hate Crime Legislation Is Failing A Vulnerable Aging Population, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Public Health Protection And Drinking Water Quality On First Nation Reserves: Considering The New Federal Regulatory Proposal, Constance Macintosh
Public Health Protection And Drinking Water Quality On First Nation Reserves: Considering The New Federal Regulatory Proposal, Constance Macintosh
Articles, Book Chapters, & Popular Press
In January 2009, the federal government issued a discussion paper that details its preferred regulatory route for enabling a legislative framework. This route is to referentially incorporate provincial legislation regarding operational standards through a framework statute, and then develop the details of the regime through regulations to be developed in consultation with First Nations over the next few years. Importantly, the opening sentence of the discussion paper's executive summary expressly connects water and public health. It reads: "The provision of safe drinking water and the effective treatment of wastewater are critical in ensuring the health and safety of First Nations …
Social And Economic Rights In Canada: What Are They And Who Can Best Protect Them?, A. Wayne Mackay
Social And Economic Rights In Canada: What Are They And Who Can Best Protect Them?, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
This article examines the development and current status of positive social and economic rights in Canada. Exploring the comparative competence of legislatures, courts and human rights tribunals, Wayne MacKay suggests that courts should depart, with caution, from their traditional deferential role to legislators. Due to their flexibility and accessibility, HR Tribunals should supplement the role of the courts and legislatures in giving effect to social and economic rights, which should form part of a holistic package of human rights in Canada.
Representation Reinforcement: A Legislative Solution To A Legislative Process Problem, Anita S. Krishnakumar
Representation Reinforcement: A Legislative Solution To A Legislative Process Problem, Anita S. Krishnakumar
Faculty Publications
One of the most valuable—and disturbing—insights offered by public choice theory has been the recognition that wealthy, well-organized interests with narrow, intense preferences often dominate the legislative process while diffuse, unorganized interests go under-represented. Responding to this insight, legal scholars in the fields of statutory interpretation and administrative law have suggested that the solution to the problem of representational inequality lies with the courts. Indeed, over the past two decades, scholars in these fields have offered up a host of John Hart Ely-inspired representation reinforcing "canons of construction," designed to encourage judges to use their role as statutory interpreters to …
Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs
Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs
Publications
No abstract provided.
The Missing Jurisprudence Of The Legislated Constitution, Robin West
The Missing Jurisprudence Of The Legislated Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Does the fourteenth Amendment and its Equal Protection Clause — the promise that "no state shall deny equal protection of the laws" — have any relevance to the progressive project of reducing economic inequality in various spheres of life or, more modestly, of ameliorating the multiple vulnerabilities of this country's poor people? The short answer, I believe, is, it depends. It will depend, in 2020, just as it depends now, on what we mean by the Constitution we are expounding: the Constitution as read and interpreted by courts — the adjudicated Constitution — or what I propose to call the …