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Full-Text Articles in Law

S22rs Sgr No. 15 (Mental Health Professionals), Saachi Chugh Apr 2022

S22rs Sgr No. 15 (Mental Health Professionals), Saachi Chugh

Student Senate Enrolled Legislation

A Resolution

To Urge and Request Student Health Center to recruit a higher number of diverse Mental Health professionals


S22rs Sgr No. 16 (Group Billing), Angel Puder, Amelie Chadwick, Karrisa Chen, Matthew Delatte, Adam Dohrenwend, Jahi Palmer-Davis, Gigi Powers, Zadian Rolland, Michael Wilcher Apr 2022

S22rs Sgr No. 16 (Group Billing), Angel Puder, Amelie Chadwick, Karrisa Chen, Matthew Delatte, Adam Dohrenwend, Jahi Palmer-Davis, Gigi Powers, Zadian Rolland, Michael Wilcher

Student Senate Enrolled Legislation

A Resolution

To Urge and Request LSU Residential Life to Cease Group Billing for Residents Who are Not at Fault of Suspected Miscellaneous Damages


S22rs Sgr No. 17 (Letterman Jacket), Lyric Mandell, Andrew Hardee Apr 2022

S22rs Sgr No. 17 (Letterman Jacket), Lyric Mandell, Andrew Hardee

Student Senate Enrolled Legislation

A Resolution

To Urge and Request Louisiana State University athletics to award letterman jackets to members of the Golden Band from Tiger Land.


S22rs Sgr No. 19 (Union Lot), Devin Meche, Harris Quadir Apr 2022

S22rs Sgr No. 19 (Union Lot), Devin Meche, Harris Quadir

Student Senate Enrolled Legislation

A Resolution

To Urge and Request LSU Parking and Transportation to allow the parking lot behind the Student Union remain a parking lot after 6:00 pm when the Park N Go ends, until construction of the Bus Depot begins


S22rs Sgr No. 25 (Scr 6), Adam Dohrenwend, Lyric Mandell Apr 2022

S22rs Sgr No. 25 (Scr 6), Adam Dohrenwend, Lyric Mandell

Student Senate Enrolled Legislation

A Resolution

To urge and request that Senate Concurrent Resolution 6 of the 2022 Regular Session of the Louisiana State Legislature not be enacted


S22rs Sgr No. 26 (Divestment), Lyric Mandell, Harris Quadir, Cooper Ferguson Apr 2022

S22rs Sgr No. 26 (Divestment), Lyric Mandell, Harris Quadir, Cooper Ferguson

Student Senate Enrolled Legislation

A Resolution

To Urge and Request that Louisiana State University divests its stocks, funds, and endowments from companies and institutions that profit from or engage in human rights violations in US prisons, at the US-Mexico Border, in Occupied Palestine, and environmentally


Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton Apr 2022

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.


The Political Dynamics Of Legislative Reform: Potential Drivers Of The Next Communications Statute, Christopher S. Yoo, Tiffany Keung Mar 2022

The Political Dynamics Of Legislative Reform: Potential Drivers Of The Next Communications Statute, Christopher S. Yoo, Tiffany Keung

Faculty Scholarship at Penn Law

Although most studies of major communications reform legislation focus on the merits of their substantive provisions, analyzing the political dynamics that led to the enactment of such legislation can yield important insights. An examination of the tradeoffs that led the major industry segments to support the Telecommunications Act of 1996 provides a useful illustration of the political bargain that it embodies. Application of a similar analysis to the current context identifies seven components that could form the basis for the next communications statute: universal service, pole attachments, privacy, intermediary immunity, net neutrality, spectrum policy, and antitrust reform. Determining how these ...


Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden Mar 2022

Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick Jan 2022

Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

Congressional Testimony

No abstract provided.


How Practices Make Principles, And How Principles Make Rules, Mitchell N. Berman Jan 2022

How Practices Make Principles, And How Principles Make Rules, Mitchell N. Berman

Faculty Scholarship at Penn Law

The most fundamental question in general jurisprudence concerns what makes it the case that the law has the content that it does. This article offers a novel answer. According to the theory it christens “principled positivism,” legal practices ground legal principles, and legal principles determine legal rules. This two-level account of the determination of legal content differs from Hart’s celebrated theory in two essential respects: in relaxing Hart’s requirement that fundamental legal notions depend for their existence on judicial consensus; and in assigning weighted contributory legal norms—“principles”—an essential role in the determination of legal rights, duties ...


Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law Jan 2022

Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Robert Cover's metaphor of law as a bridge to an imagined future emphasizes the forward-facing character of law. But this is often obscured by law's backward-looking practice. The pathologies of contemporary judicial methodologies such as textualism distort the meaning and operation of law. Law has a distinctive temporal structure—an ontology—that defines it as a social institution. It knits together past, present, purpose, and projected future into a demand for action. Neglect one element of the complex dynamic and the bridge to an imagined future becomes what Václav Havel describes as “a bridge of excuses.” Law lives ...


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis Jan 2022

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser Jan 2022

Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser

Articles in Law Reviews & Journals

No abstract provided.


Examen Du Service D’Accompagnement Du Tribunal De La Sécurité Sociale : Accès À La Justice Administrative Pour Les Communautés Marginalisées, Laverne Jacobs, Sule Tomkinson Jan 2022

Examen Du Service D’Accompagnement Du Tribunal De La Sécurité Sociale : Accès À La Justice Administrative Pour Les Communautés Marginalisées, Laverne Jacobs, Sule Tomkinson

Law Publications

Ce rapport présente les constatations, l'analyse et les recommandations d'une étude menée sur le service d’accompagnement du Tribunal fédéral de la sécurité sociale (service d’accompagnement du TSS). Le service d’accompagnement du TSS a été créé en 2019, pour veiller à la bonne information des appelants sans représentation professionnelle ainsi qu’à leur participation sereine aux audiences. L'étude examine l'utilisation du service d’accompagnement pour le Régime de pensions du Canada – Invalidité (RPC – Invalidité) entendue par la Division générale de la sécurité du revenu du Tribunal de la sécurité sociale du Canada.

Cette recherche ...


Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson Jan 2022

Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson

Law Publications

An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."

This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.

This research study focuses on access to administrative justice ...


Tax And Time: On The Use And Misuse Of Legal Imagination, Anthony C. Infanti Jan 2022

Tax And Time: On The Use And Misuse Of Legal Imagination, Anthony C. Infanti

Book Chapters

In daily life and in tax law, time is taken for granted as something that is ever present but beyond our control. Time moves endlessly and relentlessly forward, constantly slipping from our grasp. But what if life were more like science fiction? What if we could, at will, move through time to alter its course? Or what if we could harness time by turning it into an exchangeable commodity, truly using time as money? In fact, there is no need to open a novel or watch a movie to experience time travel or to see time used as a medium ...


Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon Evans Jan 2022

Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon Evans

Faculty Publications

Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have acknowledged that canons of interpretation are often based on erudite assumptions of how Congress drafts federal statutes. But a recent surge in legal realism has shown just how erroneous many of these assumptions are. Scholars have created a robust study of congressional practices that challenge many formalist canons of interpretation that are divorced from how Congress thinks about, drafts, and enacts federal statutes. This conversation, however, has yet to confront statutory incorporation, which describes when Congress incorporates state law into ...


Securing Gun Rights By Statute: The Right To Keep And Bear Arms Outside The Constitution, Jacob D. Charles Jan 2022

Securing Gun Rights By Statute: The Right To Keep And Bear Arms Outside The Constitution, Jacob D. Charles

Faculty Scholarship

In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution, like rights to bring guns on private property against an owner’s wishes and to carry a concealed firearm in public with no training or background check. This Article catalogues this set of expansive laws and critically assesses them ...


Statutory Interpretation From The Outside, Kevin Tobia, Brian G. Slocum, Victoria Frances Nourse Jan 2022

Statutory Interpretation From The Outside, Kevin Tobia, Brian G. Slocum, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

How should judges decide which linguistic canons to apply in inter­preting statutes? One important answer looks to the inside of the legisla­tive process: Follow the canons that lawmakers contemplate. A different answer, based on the “ordinary meaning” doctrine, looks to the outside: Follow the canons that guide an ordinary person’s understanding of the legal text. We offer a novel framework for empirically testing linguistic canons “from the outside,” recruiting 4,500 people from the United States and a sample of law students to evaluate hypothetical scenarios that correspond to each canon’s triggering conditions. The empirical findings ...


Reclaiming Crt: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold Jan 2022

Reclaiming Crt: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold

Faculty Scholarship

Since the fall of 2020, rightwing forces have targeted Critical Race Theory (“CRT”) through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of “Backlash Bills” designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally bankrupt and legally suspect. These responses are natural and appropriate. But challenging a bill’s moral or legal mooring is insufficient to counter a primary purpose of this legislative onslaught: to further erode, within our public discourse and collective consciousness, the ability to distinguish between racism and antiracism. To meet ...


Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman Dec 2021

Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman

FORCES Initiative: Strategy, Security, and Social Systems

This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."


Textual Gerrymandering: The Eclipse Of Republican Government In An Era Of Statutory Populism, William N. Eskridge, Victoria Frances Nourse Dec 2021

Textual Gerrymandering: The Eclipse Of Republican Government In An Era Of Statutory Populism, William N. Eskridge, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

We have entered the era dominated by a dogmatic textualism—albeit one that is fracturing, as illustrated by the three warring original public meaning opinions in the blockbuster sexual orientation case, Bostock v. Clayton County. This Article provides conceptual tools that allow lawyers and students to understand the deep analytical problems faced and created by the new textualism advanced by Justice Scalia and his heirs. The key is to think about choice of text—why one piece of text rather than another—and choice of context—what materials are relevant to confirm or clarify textual meaning. Professors Eskridge and Nourse ...


F21rs Sgr No. 5 (Memorial Day), Evan Antie, Alex Foreman, William Franques, Miles Mclendon, Julius Pallotta, Colin Raby, Jarreth Wheeler Oct 2021

F21rs Sgr No. 5 (Memorial Day), Evan Antie, Alex Foreman, William Franques, Miles Mclendon, Julius Pallotta, Colin Raby, Jarreth Wheeler

Student Senate Enrolled Legislation

A Resolution

To Urge and Request LSU Faculty to not hold University classes on Memorial Day


F21rs Sgr No. 6 (Tiger Stadium), Olivia Devall, Nicole Nguyen Oct 2021

F21rs Sgr No. 6 (Tiger Stadium), Olivia Devall, Nicole Nguyen

Student Senate Enrolled Legislation

A Resolution

To urge and request LSU Board of Supervisors and LSU Athletics to verify the vaccine status of Tiger Stadium guests entering the stadium or verify a negative covid test as per their own policy


F21rs Sgr No. 3 (Dean's List), Samantha Staggs, Jamie Bridges, Jace Canafax, Miles Mclendon, Clint Parr Oct 2021

F21rs Sgr No. 3 (Dean's List), Samantha Staggs, Jamie Bridges, Jace Canafax, Miles Mclendon, Clint Parr

Student Senate Enrolled Legislation

A Resolution

To Urge and Request LSU to lower the Dean's list requirements from 15 credit hours to 12 credit hours


F21rs Sgr No. 1 (Roll Tide), Isaiah Badua, Samuel Daigle, Julius Pallotta, Trinity Saltaformaggio, Colin Raby Oct 2021

F21rs Sgr No. 1 (Roll Tide), Isaiah Badua, Samuel Daigle, Julius Pallotta, Trinity Saltaformaggio, Colin Raby

Student Senate Enrolled Legislation

A Resolution

To Urge and Request Facility Services to power-wash a slab of concrete outside of Taylor Hall in the Pentagon that has the words "Roll Tide" power-washed into it.


F21rs Sgr No. 4 (Grad Report), Adam Dohrenwend, Jyoti Aryal, Salman Abusalman, Saachi Chugh, Aderonke Folorunso, Rachel Lautigar, Irene Marti Gil, Subbah Mir, Shashank Muley, Silvia Murillo-Miguez, Jessie Fay Parrot, Ovini Kankanamge Oct 2021

F21rs Sgr No. 4 (Grad Report), Adam Dohrenwend, Jyoti Aryal, Salman Abusalman, Saachi Chugh, Aderonke Folorunso, Rachel Lautigar, Irene Marti Gil, Subbah Mir, Shashank Muley, Silvia Murillo-Miguez, Jessie Fay Parrot, Ovini Kankanamge

Student Senate Enrolled Legislation

A Resolution

To adopt the Final Report of the Committee for Graduate Relief


F21rs Sgr No. 9 (Ps 8), Taylor Perrodin Oct 2021

F21rs Sgr No. 9 (Ps 8), Taylor Perrodin

Student Senate Enrolled Legislation

A Resolution

To urge and request LSU Academic Affairs to attend Policy Statement 8 regarding disciplinary procedures for professional, "other academic", and classified employees


F21rs Sgr No. 8 (W Policy), Samantha Staggs, Trevor Cupit, Nicole Nguyen Oct 2021

F21rs Sgr No. 8 (W Policy), Samantha Staggs, Trevor Cupit, Nicole Nguyen

Student Senate Enrolled Legislation

A Resolution

To Urge and Request LSU to allow students seven (7) total withdrawals (W's) throughout their undergraduate career