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Articles 1 - 9 of 9

Full-Text Articles in Law

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 …


Subsidizing The Unvaccinated: Considering The Legality And Practicality Of Vaccine Mandates For Those On Public Assistance, Michael Conklin Jun 2022

Subsidizing The Unvaccinated: Considering The Legality And Practicality Of Vaccine Mandates For Those On Public Assistance, Michael Conklin

Journal of Legislation

No abstract provided.


Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw Jun 2022

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …


Encroaching On Command Authority: How History Informs The "Military Justice Improvement And Increasing Prevention Act", Emma K. Hildebrand Jun 2022

Encroaching On Command Authority: How History Informs The "Military Justice Improvement And Increasing Prevention Act", Emma K. Hildebrand

Journal of Legislation

No abstract provided.


"Seven Years' Worth Of Opportunity": Championing Diversity And Inclusion As Chief Circuit Judge, Carl E. Stewart Jun 2022

"Seven Years' Worth Of Opportunity": Championing Diversity And Inclusion As Chief Circuit Judge, Carl E. Stewart

Journal of Legislation

No abstract provided.


Why Not More States?: States' Importance To Democracy And Statehood's Relevance To Twenty-First Century America, Jennifer K. Mitchell Jun 2022

Why Not More States?: States' Importance To Democracy And Statehood's Relevance To Twenty-First Century America, Jennifer K. Mitchell

Journal of Legislation

No abstract provided.


It Should Not Matter What Type Of Officer Wrongly Arrests You: Using Civil Rights Actions To Protect Peaceful Protestors, Cole Craghan Jun 2022

It Should Not Matter What Type Of Officer Wrongly Arrests You: Using Civil Rights Actions To Protect Peaceful Protestors, Cole Craghan

Journal of Legislation

No abstract provided.


Solving The Problem Of Power: The Emerging Legislative Coalition For Civil Rights, Myron Orfield, Will Stancil, Eric Myott Jun 2022

Solving The Problem Of Power: The Emerging Legislative Coalition For Civil Rights, Myron Orfield, Will Stancil, Eric Myott

Journal of Legislation

No abstract provided.


Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer Jun 2022

Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer

Journal of Legislation

No abstract provided.