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Full-Text Articles in Law
Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl
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
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
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
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
"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
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
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
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
Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer
Journal of Legislation
No abstract provided.