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Full-Text Articles in Law

Volume 50, Issue Ii - Full Combined Issue May 2024

Volume 50, Issue Ii - Full Combined Issue

Journal of Legislation

No abstract provided.


Cover Page, Masthead, And Table Of Contents May 2024

Cover Page, Masthead, And Table Of Contents

Journal of Legislation

No abstract provided.


Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib May 2024

Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib

Journal of Legislation

This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.


There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford May 2024

There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford

Journal of Legislation

Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.


The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee May 2024

The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee

Journal of Legislation

This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.


More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino May 2024

More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino

Journal of Legislation

This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …


Rethinking Legislative Facts, Haley N. Proctor Apr 2024

Rethinking Legislative Facts, Haley N. Proctor

Notre Dame Law Review

As the factual nature of legal inquiry has become increasingly apparent over the past century, courts and commentators have fallen into the habit of labeling the facts behind the law “legislative facts.” Loosely, legislative facts are general facts courts rely upon to formulate law or policy, but that definition is as contested as it is vague. Most agree that legislative facts exist in some form or another, but few agree on what that form is, on who should find them, and how. This Article seeks to account for and resolve that confusion. Theories of legislative fact focus on the role …


Volume 50, Issue I - Full Combined Issue Jan 2024

Volume 50, Issue I - Full Combined Issue

Journal of Legislation

No abstract provided.


Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato Jan 2024

Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato

Journal of Legislation

No abstract provided.


Privacy Purgatory: Why The United States Needs A Comprehensive Federal Data Privacy Law, Emily Stackhouse Taetzsch Jan 2024

Privacy Purgatory: Why The United States Needs A Comprehensive Federal Data Privacy Law, Emily Stackhouse Taetzsch

Journal of Legislation

No abstract provided.


Have Some Heart For The Heartland: A Call For A Federal Right To Repair Law, Gabriel Dominic Gomez Jan 2024

Have Some Heart For The Heartland: A Call For A Federal Right To Repair Law, Gabriel Dominic Gomez

Journal of Legislation

No abstract provided.


There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier Jan 2024

There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier

Journal of Legislation

No abstract provided.


Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos Jan 2024

Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos

Journal of Legislation

The few states that have passed the Model Consumer Sales Practices Act have common definitions and case law regarding the definition of a “supplier.” This definition is broad enough to include managers of companies in limited liability entities in the states that have adopted the model act. The practicality is that business principals, owners, and managers can be held personally liable for deceptive practices under the state acts. But this is not a piercing of the corporate veil or of the limited-liability company. This Article is meant to accomplish four purposes: (1) exhibit the origins of the act, (2) show …


A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel Jan 2024

A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel

Journal of Legislation

No abstract provided.


Cover Page, Masthead, And Table Of Contents Jan 2024

Cover Page, Masthead, And Table Of Contents

Journal of Legislation

No abstract provided.


Pay Differences In The Absence Of Discrimination: Legislative Fallacies And Statistical Truths, Allan G. King, Stephen G. Bronars Jan 2024

Pay Differences In The Absence Of Discrimination: Legislative Fallacies And Statistical Truths, Allan G. King, Stephen G. Bronars

Journal of Legislation

No abstract provided.