Law Commons^™

The Benefits And Challenges To Cycle-Based Adoption Of The International Code Council’S Model Building And Energy Conservation Codes, Hailey M. Mattingly

Commonwealth Policy Papers

This green paper, written in the Commonwealth of Kentucky and applicable to any jurisdictions in the U.S. and abroad, provides policy guidance to state and local authorities that wish to bring their building and energy conservation codes to more current technological and methodological standards. Specifically, this green paper presents the case for cycle-based adoption of model building and energy conservation codes published every three years by the International Code Council (ICC). In doing so, the paper also discusses the numerous benefits and challenges to implementing such a policy.

The Benefits And Challenges To Cycle-Based Adoption Of The International Code Council’S Model Building And Energy Conservation Codes, Hailey M. Mattingly

Commonwealth Policy Papers

This whitepaper is intended to provide policy guidance to state and local jurisdictions that wish to bring their building and energy conservation codes to more current technological and methodological standards. Specifically, this white paper advocates for cycle-based adoption of model building and energy conservation codes published every three years by the International Code Council (ICC). In doing so, the paper outlines the numerous benefits and challenges to implementing such a policy.

The Bharatiya Sakshya Bill, 2023: A New And Unimproved Evidence Act, Kunal Ambasta

Popular Media

The secrecy in drafting the bill to replace the Evidence Act is reminiscent of colonial legislation by committee. The lack of consultation has meant that the interpretative confusions in existing law remain unresolved.

Congressional Briefing: Increasing Access To Medicare-Funded Physician Residency Slots, Julia Mattingly, Sarah Youngman, Ariel Ringo, Sarah Belcher

Commonwealth Policy Papers

The Fiscal Year (FY) 2022 Inpatient Prospective Payment System (IPPS) final rule designated the Centers for Medicare & Medicaid to implement 1,000 new Medicare-funded physician residency slots to qualifying hospitals authorized by the Consolidated Appropriations Act (CAA) of 2021, phasing in 200 slots per year over five years.However, in its first round of allocation of 200 slots in 2023, only 5 rural hospitals in the country received slots, despite Section 126 of the CAA.

In this brief, we discuss potential solutions to address this allocation shortfall.

A Critical Access Pharmacy Program, Julia Mattingly, Jack Reynolds

Commonwealth Policy Papers

With much light on rural hospital closures and healthcare workforce shortages, a sect of rural healthcare rarely discussed is the availability and accessibility of rural independent pharmacies. Pharmacies are a vital part of healthcare delivery in rural communities, with many not only supplying medications but also offering clinical services such as immunizations, blood pressure and glucose monitoring, medication counseling, and more. As funds are available, Congress should designate the Centers for Medicare & Medicaid Services to establish a Critical Access Pharmacy Care Program to ensure the sustainability of critical access pharmacies throughout the United States. Specifics of the proposed program …

Congressional Briefing: Support America’S Circular Economy By Upcycling Bourbon & Brewing Wastes In Reauthorizing The Farm Bill, Samuel Kessler

Commonwealth Policy Papers

Following state level development of a new spent grain incentive system, leading to KY House Bill 627 in 2022, CPC’s Congressional Summit dialogue considered initial components and possibilities for designing an incentive to upcycle “keystone” organic wastes in regional economies across the US. For member offices, a set of general recommendations are provided for a national spent-grain upcycling incentive pilot program. It is suggested that staff of the Bourbon caucus consult with the references in this briefing and USDA Rural Development to consider further development of an incentive program in the reauthorization of the Farm Bill.

It is further urged …

Congressional Briefing: A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas, Julia Mattingly, Sarah Belcher

Commonwealth Policy Papers

This congressional briefing outlines federal policy implications, following state level use of HPSAs in targeted incentives for healthcare workforce development also published by the Commonwealth Policy Institute.

Draft State Legislation: "Cycle-Based Adoption Of The International Code Council’S Model Building And Energy Conservation Codes", Hailey M. Mattingly

Commonwealth Policy Papers

This draft state legislation crafted with nonprofit partners is created in order to update building codes across the Commonwealth of Kentucky with uniform professional standards also adopted by surrounding states which are provided by the ICC, in order to improve resilience to natural disasters. This bill draft is accompanied with a short brief published in the same volume.

Maximize “West End Opportunity” In America: Alternative Policy Options To Address Perceived Drawbacks Of Tax Increment Financing (Tif) & Opportunity Zones, Justin Avert, Samuel C Kessler

Commonwealth Policy Papers

In March 2021, the Kentucky General Assembly passed House Bill 321 (Acts Chapter 203) authorizing the creation of a tax increment finance (TIF) district within the West End of Louisville. Designed to spur community-wide economic development, it set up a public-private nonprofit partnership. Known as the West End Opportunity Partnership (WEOP), this 21-seat board include community representatives and has sole control over any fund disbursement. Funds can be used towards a broad array of investments including small business loans, financing affordable housing units, home improvements, etc.

Residents within the district have expressed opposition to the TIF, skepticism towards the board …

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Liberty University Journal of Statesmanship & Public Policy

The United States bureaucracy began as only four departments and has expanded to address nearly every issue of public life. While these bureaucratic agencies are ostensibly under congressional oversight and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founding Fathers’ design of balancing legislative power in a bicameral Congress.

The Supreme Court holds an indispensable role in mitigating the overreach of executive agencies, yet the courts’ inability to hold bureaucrats accountable has diluted voters’ voices. Since the Supreme Court’s 1984 ruling in Chevron, U.S.A. v. Natural Resources Defense …

Congress's Empty Promises: The Individuals With Disabilities Education Act In The Midst Of Education Crisis, Sarah Jana

University of Cincinnati Law Review

No abstract provided.

Coordination Of The Uniform Commercial Code And Common Law, Kenneth C. Kettering

University of Cincinnati Law Review

Deciding whether an issue that is in the ambit of a statute should be resolved by reference to the statute alone, or whether other sources of law should be applied, is a common interpretative task. The Uniform Commercial Code ("UCC") contains rules of interpretation that address the subject, and those rules have not been altered since the UCC was first generally enacted. Nevertheless, questions often arise on the subject under the UCC. This paper examines the UCC rules on point. The analysis is germane to the interpretation and drafting of other statutes that codify rules of private law.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

For The Ones Who Endured So That A Nation Might Live: A Plea To The Mississippi Legislature And Judiciary To Amend Miss. Code. Ann. 9-25-1 And Adopt A Mississippi Statewide Veterans Treatment Court, Hannah Grace Eckel

Mississippi College Law Review

Veterans provide an invaluable service to protect and defend the ideals of this nation. Today, there are roughly 18 million veterans living in the United States, and Mississippi is home to over 187,000. While many servicemen successfully integrate back into civilian life, trauma and addiction follow others which often leads to confrontations with the criminal justice system. The traditional Mississippi court system is ineffective for many veterans because the underlying issues that led to their incarceration cannot be treated with mere confinement.

Veterans Treatment Courts (VTCs) address the underlying issues that often lead to criminal activity and offer a veteran …

Reforming The Mississippi Criminal Code Part Iv: Offenses Against Property; Theft And Related Crimes, Judith J. Johnson

Mississippi College Law Review

Clear and fair criminal laws are foundational to criminal justice, and any meaningful reform effort should begin with the criminal laws. The Mississippi Code has been justifiably criticized as often being neither clear nor fair. This article about reforming the theft crimes is the fourth in a series of articles advocating for change to the Mississippi criminal laws. The first article explained why change is needed. Briefly, Mississippi criminal laws have been justifiably criticized because of gross sentencing disparities, vague definitions of the conduct prohibited, as well as confusing or absent definitions of states of mind required to commit the …

Constitutional Confidentiality, Natalie Ram, Jorge L. Contreras, Laura M. Beskow, Leslie E. Wolf

Washington and Lee Law Review

Federal Certificates of Confidentiality (“Certificates”) protect sensitive information about human research subjects from disclosure and use in judicial, administrative, and legislative proceedings at both the state and federal levels. When they were first authorized by Congress in the 1970s, Certificates covered sensitive information collected in research about drug addiction use. Today, however, they extend to virtually all personal information gathered by biomedical research studies. The broad reach of Certificates, coupled with their power to override state subpoenas and warrants issued in the context of law enforcement, abortion regulation, and other police powers typically under state control, beg the question whether …

Constitutional Resilience, Shannon M. Roesler

Washington and Lee Law Review

Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners—creating a system of shared governance that underpins major environmental statutes, such as the Clean Water Act and the Clean Air Act. These governance structures remain important today as we seek to adapt our laws and institutions to the serious disruptions of climate change. But recent Supreme Court decisions challenge this long-established …

Deserving Life: How Judicial Application Of Medical Amnesty Laws Perpetuates Substance Use Stigma, Scott Koven

Washington and Lee Law Review

To combat the continued devastation wrought by the opioid crisis in the United States, forty-eight states have passed medical amnesty (or “Good Samaritan”) laws. These laws provide varying forms of protection from criminal punishment for certain individuals if medical assistance is sought at the scene of an overdose. Thus far, the nascent scholarly conversation on medical amnesty has focused on the types of statutory protections available and the effectiveness of these statutes. To summarize, although medical amnesty laws have helped combat drug overdose, the statutes are replete with arbitrary limitations that cabin their life-saving potential.

This Note extends the dialogue …

The Eyes Beyond The Screen: Digital Media Policy And Child Health, Yahia Al-Qudah

Research Symposium

Background: Modern communication technology and digital media have provided society with a foundation for instant messaging. Pictures, videos, and texts connect individuals with families, friends, and the world. Consequently, digital media has accelerated exposure to risk in which children and adolescents are most vulnerable. This project’s objective is to 1) congregate and highlight current knowledge about the impact of digital media on child health, and 2) underline deficiencies in related laws and regulations as well as offer solutions in digital media policy.

Methods: A systematic literature review was conducted through the JAMA Pediatrics database with keywords such as “digital media,” …

Japanese Legal Challenges In Rescuing Nationals Abroad, Yurika Ishii

International Law Studies

This article explains Japanese legal challenges in rescuing its nationals abroad and analyzes the mechanisms that limit Japanese Self-Defense Force responses to potential crises. The scope of analysis encompasses Japan’s national security laws, defense policies, and engagement in bilateral and multilateral cooperation. It provides noncombatant evacuation operation case studies to explore collaboration between the rescuing State, the host State, and third parties.

The article outlines Japanese laws and policies regarding the Self Defense Force’s mandate to rescue Japanese nationals abroad. It focuses on details of current legislation that provide authority and limitations for the operation. It will also track the …

Water Quality: Successes, Shortcomings, And The Future, Jaley F. Adkins

The Cardinal Edge

No abstract provided.

Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn Rain Monroe

University Honors Theses

In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …

The Role Of U.S. Government Regulatioms, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.

Contractual Freedom: A Fundamental Right? A Reading Of The Texts Of Tunisian Law, Hafidh Kithem Dr.

UAEU Law Journal

public law. Which makes his access to private law and getting closer of contractual freedom impossible, if we recall "Rohm": “The wall separating the two branches of law is more robust than the Berlin Wall”.

It should also be recognized that the encounter between "contractual freedom" and "fundamental right" is not a simple matter because of a spice-time difference. The "fundamental right" (the young man) - in contrast to contractual freedom, which was likened to the old woman - is a modern concept.

But transcending the barriers of time and space seems to be an urgent need, perhaps because this …

Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales

Brooklyn Journal of International Law

Child adoption involves the permanent transfer of parental rights from a child’s biological or legal parents to another party. Parties in the Unites States (US) have engaged in this process in various forms for centuries. Today, over one hundred thousand children are adopted by American families each year. Many of these adoptions take place privately through agencies. An agency assists in the process of matching prospective adoptive parents with birth parents from whom they will adopt a child. In exchange for this assistance, the prospective adoptive parents pay tens of thousands of dollars in fees and expenses to the agency …

African Courts And International Human Rights Law, John Mukum Mbaku

Brooklyn Journal of International Law

The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …

A Genocide The World Has Ignored: Holding Governments And The Catholic Church Accountable For Residential And Boarding Schools Through The Icc, K. R. Redhage

Brooklyn Journal of International Law

The United States, Canada, and the Catholic Church committed genocide in an effort to control Indigenous people and steal their land. By various means, over the course of hundreds of years, these extant powers perpetrated this genocide, and the effects continue to be felt in Indigenous communities to this day. The residential and boarding school systems, which were only disbanded in the 1980s, are two examples of tools created by these governments and the Catholic Church, which led to tens of thousands of deaths of indigenous children and robbed many more of their families, culture, language, and traditions. This article …

Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan

Brooklyn Journal of International Law

Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …

Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights, Molly Turro

Brooklyn Journal of International Law

The majority of the remaining detainees at Guantánamo Bay have been cleared for transfer to other countries. Provisions of the National Defense Authorization Act that prohibit government funds to be used for transfer and reinforce the United States government’s authority to detain enemy combatants until the end of active hostilities have left these detainees waiting in limbo to be transferred elsewhere. The following piece argues that the resulting indefinite detention that these Guantánamo detainees face is both a violation of international human rights and an unnecessary financial burden on the US government. This Note compares the approach taken by the …

Board Of Pharmacy, Shannon Dart, Angela O’Hara

California Regulatory Law Reporter

No abstract provided.