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Full-Text Articles in Law
Liberal Justices' Reliance On Legislative History, James J. Brudney, Corey Distlear
Liberal Justices' Reliance On Legislative History, James J. Brudney, Corey Distlear
Faculty Scholarship
This Article presents a strong case against the conventional wisdom that legislative history is a "politicized'" resource, invoked opportunistically by federal judges. The premise that judges regularly rely on legislative history to promote their preferred policy positions-if true-should find ample support in the majority opinions of liberal Supreme Court Justices construing liberal (pro-employee) labor and civil rights statutes. By analyzing all 320-plus majority opinions in workplace law authored by eight liberal Justices from 1969-2006, the authors establish that legislative history reliance is actually associated with a constraining set of results. When the eight liberal Justices use legislative history as part …
Slots In The City: A Critical Look At The Balance Of Decision-Making Power In Gaming Legislation, Eric B. Becker
Slots In The City: A Critical Look At The Balance Of Decision-Making Power In Gaming Legislation, Eric B. Becker
Fordham Urban Law Journal
This Note focuses on the ability of local governmental bodies and local actors to become involved when a state seeks to introduce casino-based gaming or license additional casino properties. Traditionally, states retain the power to make most gaming-related decisions, sometimes only allowing simple "yes or no" voter referenda. This note argues that an increased role for local actors in bringing gaming to cities will best protect the interests of the people most affected by casinos. Part I provides a brief background of gambling in America and the key aspects of gaming-enabling legislation in various states. Part II discusses local government …