Law Commons^™

Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser

Federal Communications Law Journal

Congress drafted the Freedom of Information Act to ensure that the public would always be able to keep track of the events happening behind governmental agency doors. In an age of privatization of governmental services in the name of efficiency, the Act needs to be adapted to ensure that its original purpose remains sound. Thus far, courts have not kept pace with this purpose by interpreting agency and agency record under the Act too narrowly. This may very well result in government secrecy as services are farmed out to entities not covered under the Act. This Article analyzes the various …

Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller

Federal Communications Law Journal

Congress's first attempt to regulate minors' access to sexually explicit material via the Internet failed. Congress responded with the Child Online Protection Act, which, despite its narrower scope, cannot withstand constitutional scrutiny. This Notes delves into the constitutionality of Congress's second attempt by addressing the difficulty of applying the vague "harmful to minors" definition to the Internet medium and the economic and technological unavailability of the Act's affirmative defenses. This Note concludes with an explanation as to why legislation is an ineffective mechanism to address the problem of minors' access to online pornography.

Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp

Federal Communications Law Journal

The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason …

The Constitutionality Of The Driver’S Privacy Protection Act: A Fork In The Information Access Road, Angela R. Karras

Federal Communications Law Journal

The Driver's Privacy Protection Act, instituted in 1997, regulates the disclosure of personal information in motor vehicle records. New controversy surrounds it today as the U.S. Supreme Court evaluates the arguments presented in November 1999 regarding its constitutionality. A split among circuit courts, coupled with the tremendous growth in technology and subsequent new in-roads for information access, draw increased attention toward the Act. The concern for information access in light of the Act, however, reaches beyond the courts' elucidated concerns about dual sovereignty and the public's right to privacy. This Note argues that there is a forgotten argument: the Act's …

The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii

BYU Law Review

No abstract provided.

The Influence Of Race In School Finance Reform, James E. Ryan

Michigan Law Review

It would be an exaggeration to say that school finance reform is all about race, but largely in the same way that it is an exaggeration to say that welfare reform is all about race. Like welfare reform, the controversy generated by school finance litigation and reform has, on the surface, little to do with race. Battles over school funding, which have been waged in nearly forty state supreme courts and at least as many state legislatures, instead appear to be over such issues as the redistribution of resources, retaining local control over education, and the efficacy of increased expenditures. …

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

Michigan Law Review

This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …

The Challenge Of Administration By Regulation: Preliminary Findings Regarding The U.S. Government's Venture Capital Funds, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article assesses the ability of elected officials to control public policy as implemented by public/private hybrid organizations, specifically, government venture capital funds. The study reveals greater control over OPIC investment funds than Enterprise Funds despite the existence of more traditional administrative tools of control for Enterprise Funds. This finding suggests that the regulatory infrastructure for hybrid organizations is more determinative of control than the existence (or lack) of traditional administrative control tools. Thus the challenge of hybrid government centers on the development of regulation as a substitute for administration.

F99rs Sgb No. 2 (Carrer Rec.), Wood, Morris

Student Senate Enrolled Legislation

A BILL

To appropriate six hundred dollars ($600.00) to the Business College Council to help defray the cost of renting the Lod Cook Alumni Center for the fall 1999 career reception

F99rs Sgb No. 3 (Mount. Bike Club), Mccune, Griggs

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand two hundred eighty-eight dollars ($1,288) to the LSU Team Mountain Bike club to help cover the cost of uniforms.

F99rs Sgb No. 4 (Aias), Ueltschey

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand six hundred forty-six dollars and forty cents ($1646.40) to the LSU A&M chapter of the American Institute of Architecture Students (AIAS) to defray costs for lodging for members attending the national Forum to be held in Toronto, Canada.

F99rs Sgb No. 6 (Bylaws), Grantham, Knull, Jeansonne

Student Senate Enrolled Legislation

A BILL

To amend the LSU A&M Student Government Bylaws, Article VI, Section 16

F99rs Sgb No. 5 (Election Code), Russo, Grantham

Student Senate Enrolled Legislation

A BILL

To amend Article VI, Section 1 of the LSU A&M Student Government Election Code as it pertains to the polling locations of the Mass Communications College and the Music and Dramatic Arts College.

F99rs Sgb No. 9 (Creative Writing), Knull, Simmons

Student Senate Enrolled Legislation

A BILL

To appropriate five hundred forty dollars ($539.80) to the LSU Creative Writing Program to help defray production and promotional costs associated with the staging of Alien Bundles and But For The Grace Of God, There Go I!

F99rs Sgb No. 7 (Volleyball), Cooper, Wood

Student Senate Enrolled Legislation

A BILL

To appropriate eight hundred forty-eight dollars and fifty-five cents ($848.55) to the LSU Volleyball Club to cover the cost of equipment.

F99rs Sgb No. 8 (Bio Engr Design), Cancienne

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand dollars ($1,000.00) to the LSU Department of Biological Engineering Senior Design Project Team to help defray the cost of purchasing hardware and chemicals to be used in the fabrication and testing of a prototype for a student-designed fluoride removal water treatment system that will then be installed in an underpriveleged community in Bananera, Guatemala.

F99rs Sgb No. 10 (Mech Engr Senior), Griggs

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand five hundred dollars ($1500.00) to the LSU Department of Mechanical Engineering Senior Project Team to help defray the cost of purchasing hardware to be used in the fabrication of a solar powered boat that will be in competition in the Solar Splash Regatta in New Orleans, Louisiana.

F99rs Sgr No. 1 (Student Section), Wood

Student Senate Enrolled Legislation

A RESOLUTION

To request that the LSU Board of Supervisors allocate two thousand additional seats in Tiger Stadium for student use

F99rs Sgr No. 4 (Confederate Flag), Ardoin, Pellegrin, Rader, Cancienne, Cooper, Rogge

Student Senate Enrolled Legislation

A RESOLUTION

to state that the LSU A&M Student Senate supports the administration’s decision not to endorse the display of the purple and gold Confederate battle flag.

F99rs Sgr No. 2 (Drop Date), Russo, Grantham

Student Senate Enrolled Legislation

A Resolution

To recommend the LSU A&M Faculty Senate change the drop date without receiving a “W” to fifteen (15) calendar days after the start of the semester.

F99rs Sgr No. 5 (Freshman Forgiveness), Wood

Student Senate Enrolled Legislation

A RESOLUTION

To recommend that the LSU Faculty Senate, Provost, Chancellor and Board of Supervisors approve and implement the LSU A&M Student Government “Freshman Forgiveness” academic policy proposal.

F99rs Sgr No. 3 (Scheduling Priorities), Griggs

Student Senate Enrolled Legislation

A RESOLUTION

to recommend to the LSU A&M Chancellor, Provost, and Registrar a reallocation of course scheduling priorities .

F99rs Sgr No. 6 (Reveille Location), Wood, Grantham, Yates

Student Senate Enrolled Legislation

A RESOLUTION

To recommend to the LSU A&M administration that Reveille production be relocated from LSU Graphic Services to an off-campus venue in order to enable full-color production.

Date Rape Prohibition Act Of 1999, Caroline E. Edwards

Buffalo Women's Law Journal

No abstract provided.

West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly

West Virginia Law Review

No abstract provided.

Post Hearing Briefing: The Pacifica Foundation And The Crisis At Kpfa Listener Sponsored Radio, Joint Legislative Audit Committee

California Joint Committees

No abstract provided.

The Year 2000 Problem: Local Government And Critical Infrastructure Preparedness, Assembly Committee On Information Technology

California Assembly

Report on the preparedness of counties and public agencies in California to deal with the Y2K problem.

Clearing The Way For An Effective Federal-State Partnership In Health Reform, Eleanor D. Kinney

University of Michigan Journal of Law Reform

At century's end, states have assumed a very different role in the design, implementation, and operation of health service programs than they did twenty-five years ago. In the current volatile political atmosphere particularly at the federal level, states have taken up the mantle of healthcare reform in the final years of the 1990s. Yet there remain problems and difficulties with the current federal-state relationship in health reform. The critical question is whether states can successfully accomplish genuine reform given its politically charged, complex and costly nature. This question takes on particular significance for the most important reform-expanding coverage to the …

Moving Toward A Clearer Definition Of Insider Trading: Why Adoption Of The Possession Standard Protects Investors, Lacey S. Calhoun

University of Michigan Journal of Law Reform

In recent years, insider trading has become a publicized focus of securities law enforcement. The definition of insider trading has emerged slowly through case law, and the term has been clarified by new theories of liability. The use and possession tests are two standards of liability used to judge the treatment of inside information. The use standard offers a defense to insider trading liability while the possession standard premises liability on mere possession of inside information. This Note argues that courts should adopt the possession standard because this standard better protects investors, a primary goal of the Securities Exchange Act …

Legislative Intent And Statutory Interpretation In England And The United States: An Assessment Of The Impact Of Pepper V. Hart, Michael P. Healy

Law Faculty Scholarly Articles

Statutory interpretation is the process of discerning the meaning of legislation, and U.S. law has permitted courts to find meaning through a variety of often contradictory interpretive approaches. As a result, U.S. litigants often are uncertain about the interpretive approach a court will apply to a statute, even though the choice of the interpretive approach may determine the outcome of the litigation. Until the recent decision in Pepper (Inspector of Taxes) v. Hart, English approaches to statutory interpretation were more circumscribed because English courts foreclosed the intentionalist approach. This Article considers the impact that Pepper has had on statutory …