Law Commons^™

F15rs Sgr No. 9 (Faculty Resolution Midterms), Leah Sanders

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 10 (Visitor Center Water Fountain), Sarah Couch

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 8 (Manship Clicker), Yeates, Joan Lyons

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 12 (Credit Hours For Chancellor's Honor Roll & Dean's List), Michael Ledet, Mulvehill, Ryan

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 13 (Tops Gpa Eligibility), Dickinson, Herr, J Hunt

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 14 (President Alexander Thank You), Andrew Mullet

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 15 (Gender Neutral Restrooms), Jacob Phagan

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 16 (Geaux Pre-Law Week), Jacob Phagan

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 17 (Repainting Crosswalks), Cecola, Joan Lyons

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 18 (Course Section Changes), Christina Black, Banas

Student Senate Enrolled Legislation

No abstract provided.

The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue

Articles

Catastrophes from severe weather are perhaps the costliest accidents humanity faces. While we are still a long way from technologies that would abate the destructive force of storms, there is much we can do to reduce their effect. True, we cannot regulate the weather, but through smart governance and correct incentives we can influence human exposure to the risk of bad weather. We may not be able to control wind or storm surge, but we can prompt people to build sturdier homes with stronger roofs far from floodplains. We call these catastrophes "natural disasters," but they are the result of …

Three Words And The Future Of The Affordable Care Act, Nicholas Bagley

Articles

As an essential part of its effort to achieve near universal coverage, the Affordable Care Act (ACA) extends sizable tax credits to most people who buy insurance on the newly established health care exchanges. Yet several lawsuits have been filed challenging the availability of those tax credits in the thirty-four states that refused to set up their own exchanges. The lawsuits are premised on a strained interpretation of the ACA that, if accepted, would make a hash of other provisions of the statute and undermine its effort to extend coverage to the uninsured. The courts should reject this latest effort …

A First Look At The Proposed 'Fraudulent Joinder Prevention Act Of 2015', Arthur D. Hellman

Testimony

Almost half a century ago, the American Law Institute observed, “The most marked abuse has been joinder of a party of the same citizenship as plaintiff in order to defeat removal on the basis of diversity jurisdiction. Such tactics have led to much litigation, largely futile, on the question of fraudulent joinder.” Over the last half century, the volume of litigation on this question has only increased. In response, Congress is now actively considering legislation to address the problem of fraudulent joinder.

The bill is H.R. 3624, the “Fraudulent Joinder Prevention Act of 2015” (FJPA). The FJPA seeks to prevent …

Taking Care Of Federal Law, Leah Litman

Articles

Article II of the Constitution vests the “executive power” in the President and directs the President to “take Care that the Laws be faithfully executed.” But do these provisions mean that only the President may execute federal law? Two lines of Supreme Court precedent suggest conflicting answers to that question. In several prominent separation-of-powers cases, the Court has suggested that only the President may execute federal law: “The Constitution requires that a President chosen by the entire Nation oversee the execution of the laws.” Therefore, the Court has reasoned, Congress may not create private rights of action that allow nonexecutive …

Electronic Signatures: Review And Analysis, Bryan Gibson

Kentucky Transportation Center Technical Assistance Report

Electronic signatures, or e-signatures, are an increasingly ubiquitous component of a rapidly digitizing world. Compared to traditional paper signature, e-signatures have emerged as a viable, potentially more efficient method of entering into a contract. An e-signature can be thought of as an electronic symbol or marking associated with the signer. It acts as a signature and functions in lieu of a manual paper signature. This technical assistance report briefly reviews relevant Kentucky statutes and guidelines regarding e-signatures and public recordkeeping as well as applicable federal law. Following this, the report presents conclusions and points for continued discussion. Relevant statues and …

17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan

SIUE Faculty Research, Scholarship, and Creative Activity

Over the past sixty years, the size of the Supreme Court’s docket has varied tremendously, growing at some points in time and shrinking at others. What accounts for this variation in the size of the docket? We focus on two key strategic factors – the predictability of outcomes within the Court, and whether justices consider the potential actions of other political institutions – and assess whether these factors help to explain the variation in docket size over time. We discover that uncertainty and institutional constraints prevent the Court from choosing cases with complete freedom, even after accounting for other potential …

Lost In A Legal Thicket, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that criminal law recodification is badly needed in the states and the federal system, but that prosecutors stand out as the group who appear to regularly oppose it.

Child Marriage Legislation In The Asia-Pacific Region, Elisa Scolaro, Aleksandra Blagojevic, Brigitte Fillion, Venkatraman Chandra-Mouli, Lale Say, Joar Svanemyr, Marleen Temmerman

Obstetrics and Gynaecology, East Africa

Child marriage is a human rights violation that robs a girl of her childhood, puts her health, growth, and development at risk, disrupts her education, limits her opportunities for empowerment and social development, and increases her risk of exposure to violence and abuse (for a review of the evidence on the negative effects of child marriage on girls and their children, see Parsons et al. 2015, in this issue). While child marriage is not mentioned specifically in the 1989 Convention on the Rights of the Child (CRC), the Convention does contain a provision requiring governments to abolish “traditional practices prejudicial …

Practical Tips For Interpreting Statutory Overrides, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.

In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider

School of Law Faculty Publications

Abstract:

Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of …

Compared To What? Judicial Review And Other Veto Points In Contemporary Political Theory, David Watkins, Scott E. Lemieux

Political Science Faculty Publications

Many democratic and jurisprudential theorists have too often uncritically accepted Alexander Bickel’s notion of “the countermajoritarian difficulty” when considering the relationship between judicial review and democracy; this is the case for arguments both for and against judicial review. This framework is both theoretically and empirically unsustainable. Democracy is not wholly synonymous with majoritarianism, and judicial review is not inherently countermajoritarian in the first place.

In modern democratic political systems, judicial review is one of many potential veto points. Since all modern democratic political systems contain veto points, the relevant and unexplored question is what qualities might make a veto point …

A Statute By Any Other Name Might Smell Less Like S.P.A.M., Or, The Congress Of The United States Grows Increasingly D.U.M.B., Chris Sagers

Law Faculty Articles and Essays

Why we name our statutes is a rarely asked and non-obvious question, but it turns out to be deeply illuminating. This essay examines one little-noticed trend in particular, which has simply exploded within the U.S. Congress during the past twenty years. What at first might seem a frivolous, innocuous, and maybe even sort of likable kind of statute name appeared perhaps three times in the entire history of the Republic before 1988. In the twenty years since, there have been nearly seventy of them. But much more important than its recent and arresting profusion will be the deeper philosophical insight …

How The Ali's Restatement Third Of Property Is Influencing The Law Of Trusts And Estates, Lawrence W. Waggoner

Articles

Restatements, once limited to restating existing law, are now substantially devoted to law reform. The ALI's website states its law-reform policy thus: "The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. A paper in that symposium argued against the ALI's law-reform policy. The authors specifically speculated that the reformist rather than restatist character of the recently completed Restatement (Third) of Property: Wills and Other Donative Transfers (Property Restatement) has "very …

No Good Options: Picking Up The Pieces After King V. Burwell, Nicholas Bagley, David K. Jones

Articles

If the Supreme Court rules against the government in King v. Burwell, insurance subsidies available under the Affordable Care Act (ACA) will evaporate in the thirty-four states that have refused to establish their own health-care exchanges. The pain could be felt within weeks. Without subsidies, an estimated eight or nine million people stand to lose their health coverage. Because sicker people will retain coverage at a much higher rate than healthier people, insurance premiums in the individual market will surge by as much as fifty percent. Policymakers will come under intense pressure to mitigate the fallout from a government loss …

Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin

College of Law Faculty Scholarship

Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”

Residual Impact: Resentencing Implications Of Johnson's Potential Ruling On Acca's Constitutionality, Leah Litman

Articles

In January 2015, the Supreme Court directed the parties to brief and argue an additional question in Johnson v. United States: “Whether the residual clause in the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e)(2)(B)(ii), is unconstitutionally vague.” The order represents an unusual move because the defendant had not raised the vagueness issue and the Court issued the order after it had already heard argument on the question raised in the petition for certiorari. Commentators therefore view the order as a signal that the Court will likely invalidate the residual clause. This decision will have been several years …

California State Assembly 2015, California State Assembly

California Assembly

Brochure of the California State Assembly.

S15rs Lo No. 11 (Gahagan For Spab), Adam Grashoff

Student Senate Enrolled Legislation

No abstract provided.

S15rs Sgfb No. 2 (Going Global), Phagan

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of three thousand three hundred dollars and zero cents ($3,030.50) from the Student Government Senate Contingency Account to fund the Career Services Going Global Program at Louisiana State University (LSU).