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Full-Text Articles in Law

Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning Dec 2022

Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning

Brooklyn Journal of Corporate, Financial & Commercial Law

In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …


The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer Dec 2022

The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho Dec 2022

The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho

Brooklyn Journal of Corporate, Financial & Commercial Law

E-commerce has many advantages for both consumers and sellers, but its process has taken a toll on the environment. In this Note, I discuss two integral aspects of the e-commerce process that contribute to climate change: (1) air pollution from delivery vehicles, and (2) the use of non-sustainable packaging. I will provide insight into the U.S. environmental laws currently in place that regulate greenhouse gas emissions and other contributors to climate change, such as the Clean Air Act and the Solid Waste Disposal Act, while highlighting how these laws are minimal at best. I argue that the U.S. government should …


Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood Dec 2022

Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood

University of Arkansas at Little Rock Law Review

No abstract provided.


Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz Dec 2022

Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz

The University of New Hampshire Law Review

In 1975, the New Hampshire legislature enacted a progressive statute which mandated the Department of Health and Human Services “to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons.” This law was innovative for its time; it decreed that individual service plans (ISPs) be developed for every client in the state’s service delivery system, guaranteed “a right to adequate and humane habilitation and treatment[,]” and contemplated the state’s area agency system as we know it today. The statute was a steppingstone for the 1981 class action lawsuit of Garrity v. Gallen. This was one of …


Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning Dec 2022

Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning

Faculty Scholarship

In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …


Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw Nov 2022

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw

Articles

This piece offers an extended critique of one aspect of the so-called "independent state legislature" theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I's Elections Clause, which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof," and Article H's Presidential Electors Clause, which provides that "[e]ach State shall appoint, in such Manner as the Legislature …


Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate Nov 2022

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl Nov 2022

Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl

Notre Dame Law Review

This Article addresses a problem that potentially arises whenever a federal court encounters a state statute. When interpreting the state statute, should the federal court use the state’s methods of statutory interpretation—the state’s canons of construction, its rules about the use of legislative history, and the like—or should the court instead use federal methods of statutory interpretation? The question is interesting as a matter of theory, and it is practically significant because different jurisdictions have somewhat different interpretive approaches. In addressing itself to this problem, the Article makes two contributions. First, it shows, as a normative matter, that federal courts …


Addressing Illegal, Unreported, Unregulated (Iuu) Fishing In Cambodia: The Impact Of The Eu’S Iuu Regulation, Sorphea Sok Oct 2022

Addressing Illegal, Unreported, Unregulated (Iuu) Fishing In Cambodia: The Impact Of The Eu’S Iuu Regulation, Sorphea Sok

World Maritime University Dissertations

No abstract provided.


Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch Oct 2022

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch

BYU Law Review

No abstract provided.


Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder Oct 2022

Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder

Mountain Plains Business Conference

This presentation examines and summarizes the right to repair movement from the perspective of its origins, development, legal basis and – most significantly – its unique manifestation within an agriculture perspective. The agricultural equipment sector is more concentrated and less competitive than many other industries, while the typical farmer remains fiercely independent and self-reliant. This unique situation has led to conflict, forming the basis of the current agricultural right to repair dispute. Accordingly, the current state of the agricultural right to repair movement is examined and explained based on the recent policy, legislation, and litigation efforts employed at federal and …


Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson Oct 2022

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal

No abstract provided.


Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor Oct 2022

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal

No abstract provided.


Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss Oct 2022

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal

No abstract provided.


Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith Oct 2022

Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith

Villanova Environmental Law Journal

No abstract provided.


Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier Oct 2022

Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier

Villanova Environmental Law Journal

No abstract provided.


Legislating Emotion, Reading Grief: Bereavement Leave For Miscarriage And Stillbirth In New Zealand Law, Gillian Calder Oct 2022

Legislating Emotion, Reading Grief: Bereavement Leave For Miscarriage And Stillbirth In New Zealand Law, Gillian Calder

Dalhousie Law Journal

This paper looks at New Zealand’s Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2), an Act that changes Employments Standards legislation to allow bereavement leave for people and their partners at miscarriage and stillbirth. The paper is prompted by the huge media attention that this small change in law received globally. What might Canadian legislators learn by taking a careful look at this New Zealand law that permits an employee time off work to grieve a pregnancy loss? The questions that the legislation provokes are read through the lens of law and emotions literature, situated in the ways that …


Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law Oct 2022

Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law

California Initiative Review (CIR)

No abstract provided.


Proposition 1: Constitution Right To Reproductive Freedom, Brenna Hatcher, Yuri Khadka, Alek Kocher Oct 2022

Proposition 1: Constitution Right To Reproductive Freedom, Brenna Hatcher, Yuri Khadka, Alek Kocher

California Initiative Review (CIR)

No abstract provided.


Proposition 27: Legalize Sports Betting And Revenue For Homelessness Prevention Fund Initiative, Ismael Perez, Danielle Diele Oct 2022

Proposition 27: Legalize Sports Betting And Revenue For Homelessness Prevention Fund Initiative, Ismael Perez, Danielle Diele

California Initiative Review (CIR)

No abstract provided.


Proposition 28: Provides Additional Funding For Arts And Music Education In Public Schools, Brenna Hatcher, Yuri Khadka, Alek Kocher Oct 2022

Proposition 28: Provides Additional Funding For Arts And Music Education In Public Schools, Brenna Hatcher, Yuri Khadka, Alek Kocher

California Initiative Review (CIR)

No abstract provided.


Proposition 29: Protect The Lives Of Dialysis Patients Act, Christian Landaverde, Aria Alex Ghafouri Oct 2022

Proposition 29: Protect The Lives Of Dialysis Patients Act, Christian Landaverde, Aria Alex Ghafouri

California Initiative Review (CIR)

No abstract provided.


F22rs Sgr 4 (Congratulate Rha), Landon Zeringue, John Sweat Oct 2022

F22rs Sgr 4 (Congratulate Rha), Landon Zeringue, John Sweat

Student Senate Enrolled Legislation

To commend, congratulate, and offer appreciation to the residential staff of LSU’s East Campus Apartments for their work promoting campus safety by putting on the successful “Let’s Talk Safety!” program


F22rs Sgr No. 2 (Prime Time Class Scheduling), Cooper Ferguson, Emma Long, Calvin Feldt, Elizabeth Laurent Oct 2022

F22rs Sgr No. 2 (Prime Time Class Scheduling), Cooper Ferguson, Emma Long, Calvin Feldt, Elizabeth Laurent

Student Senate Enrolled Legislation

To Urge and Request that the University Registrar halts the reimplementation of a policy that limits departments to scheduling no more than 55% of their course sections within prime-time hours


F22rs Sgr 5 (Establishment Of Graduate Healthcare Committee), Adam Dohrenwend, Gabriella Boodhoo, Alicia Cerquone, Leah Clendaniel, Blessing Egbejiogu, Terry Geraldsen, Ritu Ghose, Cullen Hodges, Natalie Kaczynski, Soheil Kafiliveyjuyeh Oct 2022

F22rs Sgr 5 (Establishment Of Graduate Healthcare Committee), Adam Dohrenwend, Gabriella Boodhoo, Alicia Cerquone, Leah Clendaniel, Blessing Egbejiogu, Terry Geraldsen, Ritu Ghose, Cullen Hodges, Natalie Kaczynski, Soheil Kafiliveyjuyeh

Student Senate Enrolled Legislation

To establish the committee on the Graduate Student Healthcare Crisis as a temporary committee of LSU Student Government, pursuant to Article XIV of the LSU Student Government Bylaws


F22rs Sgr No. 1 (Allen Hall Murals), Nicole Monceaux, Cooper Ferguson, Ryan Reed Oct 2022

F22rs Sgr No. 1 (Allen Hall Murals), Nicole Monceaux, Cooper Ferguson, Ryan Reed

Student Senate Enrolled Legislation

To Urge and Request Louisiana State University paint a new representation of Student Life over the Mural in Allen Hall depicting segregation and people of color picking cotton


F22rs Sgr 6 (Provost List - Dean's List For Lsu Online), Emma Long, Justin Butler, Gabby Farrar, Calvin Feldt, Elizabeth Laurent, Nicole Nguyen, Hamood Qureshi, Dhriti Shastri Oct 2022

F22rs Sgr 6 (Provost List - Dean's List For Lsu Online), Emma Long, Justin Butler, Gabby Farrar, Calvin Feldt, Elizabeth Laurent, Nicole Nguyen, Hamood Qureshi, Dhriti Shastri

Student Senate Enrolled Legislation

To Urge and Request LSU to create a “Provost’s List” to provide a college honor to LSU online students who complete 12 hours of coursework across two (2) consecutive terms in a traditional spring or fall semester with a 3.5 grade point average


F22rs Sgr 8 (Building Renaming Committee), Cooper Ferguson, Adam Dohrenwend Oct 2022

F22rs Sgr 8 (Building Renaming Committee), Cooper Ferguson, Adam Dohrenwend

Student Senate Enrolled Legislation

A resolution to strongly condemn President William F. Tate IV for actions taken in regards to the Building Name Evaluation Committee and to Urge and Request LSU to follow-through on Fall 2017’s SGR 15 and Fall 2020’s SGR 4


F22rs Sgr 11 (Congratulate Jacob Brumfield), Landon Zeringue, Cooper Ferguson, Colin Raby, John Sweat Oct 2022

F22rs Sgr 11 (Congratulate Jacob Brumfield), Landon Zeringue, Cooper Ferguson, Colin Raby, John Sweat

Student Senate Enrolled Legislation

To Commend, Congratulate, and Show Appreciation on behalf of LSU’s Student Body toward Jacob Brumfield for his immense dedication and service toward LSU and its students