Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- January 6th (2)
- Legislation (2)
- Bi-partisan (1)
- Campaigns (1)
- Consumer protection (1)
-
- Corporate law (1)
- Cosmetics (1)
- Covid (1)
- Covid-19 (1)
- Cyber security (1)
- DHS (1)
- Democracy (1)
- Disinformation (1)
- Domestic terrorism (1)
- Driver's license (1)
- Eco friendly products (1)
- Emoluments (1)
- Employment law (1)
- Ethics (1)
- Family care (1)
- Family law (1)
- Federal Law (1)
- First amendment (1)
- Homeland security (1)
- Immigrants (1)
- Judges (1)
- Juveniles (1)
- Lawyers (1)
- Leadership (1)
- Medical leave (1)
- Publication
Articles 1 - 23 of 23
Full-Text Articles in Law
Legislative Actions To Promote And Enforce Ethical Conduct In Government, Christine Todd Whitman
Legislative Actions To Promote And Enforce Ethical Conduct In Government, Christine Todd Whitman
Journal of Legislation
No abstract provided.
Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative, Jimmy Gurulé
Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative, Jimmy Gurulé
Journal of Legislation
No abstract provided.
Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act, Tarun Krishnakumar
Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act, Tarun Krishnakumar
Journal of Legislation
No abstract provided.
Care In The Time Of Covid: Addressing The State Of Family And Medical Leave In Light Of The Covid-19 Pandemic, Emily Kowalik
Care In The Time Of Covid: Addressing The State Of Family And Medical Leave In Light Of The Covid-19 Pandemic, Emily Kowalik
Journal of Legislation
No abstract provided.
Challenges Of Leadership In The Twenty-First Century, Leon Panetta
Challenges Of Leadership In The Twenty-First Century, Leon Panetta
Journal of Legislation
No abstract provided.
Vaccination Evasion: Legislating A Solution Through A Revised Vaccinate All Children Act Of 2019, Sophia C. Aguilar
Vaccination Evasion: Legislating A Solution Through A Revised Vaccinate All Children Act Of 2019, Sophia C. Aguilar
Journal of Legislation
No abstract provided.
The Corporate Transparency Act: A Step Toward Broken Shells, Brendan O'Leary
The Corporate Transparency Act: A Step Toward Broken Shells, Brendan O'Leary
Journal of Legislation
No abstract provided.
The Law Wants To Be Formal, Chaim Saiman
The Law Wants To Be Formal, Chaim Saiman
Notre Dame Law Review
This Article examines the relationship between the formalism of an area of law, and whether it plays a central role in the legal system. English and American law were traditionally comprised of formalist private law doctrines. The influence of legal realism and the New Deal, however, caused these systems to diverge. While American private law was recast in realist terms, it also became less significant to the overall legal system. In its place, procedure and statutory interpretation emerged, and in turn became more formalized. Realism was never as influential in England where private law remains more formal and at the …
Antitrust Antitextualism, Daniel A. Crane
Antitrust Antitextualism, Daniel A. Crane
Notre Dame Law Review
Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon: judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and …
Locked, Loaded, And Registered: The Feasibility And Constitutionality Of A Federal Firearms Registration System, Dylan J. Mcdonough
Locked, Loaded, And Registered: The Feasibility And Constitutionality Of A Federal Firearms Registration System, Dylan J. Mcdonough
Notre Dame Law Review
This Note is organized as follows. Part I outlines the evolving history of federal firearm legislation and its relevance to registration. Part I also presents promising state-level (or equivalent) systems of gun registration that may inform a like federal policy. Part II establishes the Supreme Court’s Second Amendment jurisprudence and its potential application to federal firearms registration. Part III then details a lower court’s application of Supreme Court precedent to existing firearm registration laws. Finally, this Note concludes by articulating how Congress can and why it must institute a federal firearms registration system.
Reforming And Clarifying Special Immigrant Juvenile Status, Brad Reynolds
Reforming And Clarifying Special Immigrant Juvenile Status, Brad Reynolds
Journal of Legislation
Special Immigrant Juvenile Status (“SIJS” or “SIJ status”) is a form of immigration relief for undocumented minor children who have been abused, abandoned, and/or neglected by one or both parents. Most applicants for SIJ status hail from the “Northern Triangle” countries of El Salvador, Honduras, and Guatemala, and have travelled thousands of miles, often alone and in dangerous conditions, to seek protection in the United States that one or both of their parents are unable or unwilling to provide them in their country of origin, typically from gangs.1 To ensure that the best interests of these children are protected, the …
Michigan’S Driver’S Licensing Legislation: The Road To Unlicensed Drivers, Alexa Tipton
Michigan’S Driver’S Licensing Legislation: The Road To Unlicensed Drivers, Alexa Tipton
Journal of Legislation
No abstract provided.
The Absurdity Of The Illinois Felony-Murder Doctrine, Aidan Beck
The Absurdity Of The Illinois Felony-Murder Doctrine, Aidan Beck
Journal of Legislation
No abstract provided.
Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady
Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady
Journal of Legislation
The Texas Supreme Court in the late 1990s, in two significant cases, arguably interpreted statutes to achieve a result directly opposite to the Texas Legislature’s decision to adopt a specific text. Why do lawyers and judges struggle when reading and applying legislation, especially when using enactment history? Under Professor Victoria Nourse’s legislative decision theory, the struggle is attributable to the fact that lawyers do not consider the legislature’s institutional rules and procedures to find the proper text to interpret a statute in light of the available legislative evidence. Wider implementation of her theory is hampered by current legal citation practices …
Regulating The Political Wild West: State Efforts To Disclose Sources Of Online Political Advertising, Victoria Smith Ekstrand, Ashley Fox
Regulating The Political Wild West: State Efforts To Disclose Sources Of Online Political Advertising, Victoria Smith Ekstrand, Ashley Fox
Journal of Legislation
The problem of disinformation in online political advertising is growing, with ongoing and potential threats to campaigns coming from both within and outside the United States. Most scholarship in this area has focused on either disclosures and disclaimers under the proposed Honest Ads Act or other fixes aimed at a gridlocked Federal Election Commission (“FEC”). With federal reform at a standstill, states have jumped into the void. Between the 2016 presidential election and early 2020, eight states passed legislation to expressly regulate online political advertising for state candidates and ballot measures, including Maryland, whose state law was declared unconstitutional as …
The Lack Of Regulation In Preventing Greenwashing Of Cosmetics In The U.S., Alexa Riccolo
The Lack Of Regulation In Preventing Greenwashing Of Cosmetics In The U.S., Alexa Riccolo
Journal of Legislation
If you walked through your local grocery or beauty store today, there is no doubt that you would be bombarded with thousands of different products. You may also observe that many labels accompanying these products utilize terms such as “organic,” “natural,” or “green” in their marketing efforts. Most consumers look to these labels and trust that the products are better for their health and the environment. In a recent study, over 80% of millennials believe that purchasing ecofriendly products not only improves their quality of life, but 75% of millennials are actively looking to make greener changes in their homes …
Occupational Hazard: A Critique Of California Elections Code § 13107(A)(3), Peter Nemerovski
Occupational Hazard: A Critique Of California Elections Code § 13107(A)(3), Peter Nemerovski
Journal of Legislation
No abstract provided.
Exclusionary Economic Zoning: How The United States Government Circumvented Prohibitions On Racial Zoning Through The Standard State Zoning Enabling Act, Michael Kim
Journal of Legislation
No abstract provided.
A More Reasonable Approach To Noncompete Employment Agreements In California, Lindsey Schmidt
A More Reasonable Approach To Noncompete Employment Agreements In California, Lindsey Schmidt
Journal of Legislation
No abstract provided.
State Attorneys General, Political Lawsuits, And Their Collective Voice In The Inter-Institutional Constitutional Dialogue, Mark C. Miller
State Attorneys General, Political Lawsuits, And Their Collective Voice In The Inter-Institutional Constitutional Dialogue, Mark C. Miller
Journal of Legislation
No abstract provided.
Cyber-Security, Privacy, And The Covid-19 Attenuation?, Vincent J. Samar
Cyber-Security, Privacy, And The Covid-19 Attenuation?, Vincent J. Samar
Journal of Legislation
Large-scale data brokers collect massive amounts of highly personal consumer information to be sold to whoever will pay their price, even at the expense of sacrificing individual privacy and autonomy in the process. In this Article, I will show how a proper understanding and justification for a right to privacy, in context to both protecting private acts and safeguarding information and states of affairs for the performance of such acts, provides a necessary background framework for imposing legal restrictions on such collections. This problem, which has already gained some attention in literature, now becomes even more worrisome, as government itself …
Jubilee Under Textualism, John Patrick Hunt
Jubilee Under Textualism, John Patrick Hunt
Journal of Legislation
No abstract provided.
Legislatures Want To Unlockdown, But Courts Hold The Key: Resolution Of Executive And Legislative Disputes In Coronavirus Times, Brian Friery
Journal of Legislation
No abstract provided.