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Articles 1 - 13 of 13
Full-Text Articles in Law
Rightsizing Local Legislatures, Brenner M. Fissell
Rightsizing Local Legislatures, Brenner M. Fissell
Utah Law Review
Local councils, boards, and commissions have all the lawmaking powers of a legislature—including the power to criminalize conduct—but they are far too small to deserve them. With an average size of only four members, local legislatures depart from the norm observable at all other levels of government. Only in the past few years have legal scholars turned their attention to the institutional design of these bodies, but this developing literature has yet to address their most striking feature—their small size.
This Article takes up this project. It claims that local microlegislatures are comparatively unrepresentative and undemocratic, and that their size …
A Proposal To Win The District Of Columbia A Partial Vote In The House Of Representatives, Mary M. Cheh
A Proposal To Win The District Of Columbia A Partial Vote In The House Of Representatives, Mary M. Cheh
University of the District of Columbia Law Review
Unlike many citizens of the United States, citizens of the District of Columbia are denied a vote in the national legislature. Not only are they denied a voting representative on matters of national scope and importance, but Congress may control all facets of local governance for the 700,000 residents of the District. This paper suggests a new initiative. It calls for the D.C. Council, under its "Home Rule" authority granted by Congress, to amend a federal law, "The District of Columbia Delegate Act," ("Delgate Act") and give the District's delegate to the House of Representatives the authority to vote in …
S19rs Sgb No. 3 (Delegate Amendments), Alaysia Johnson
S19rs Sgb No. 3 (Delegate Amendments), Alaysia Johnson
Student Senate Enrolled Legislation
A Bill
To amend the Student Government Bylaws Article XV: Delegation to include Caucuses.
The (Un?)Constitutionality Of Compelling Non-Immunized Testimony In Deceptive Trade Practices Investigations Conducted By The Attorney General Of The State Of Arkansas, Terrence Cain
University of Arkansas at Little Rock Law Review
No abstract provided.
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer
Douglas M. Spencer
In this paper we investigate whether, when Congress relies upon private lawsuits to implement a law, the details of the legislation can importantly influence the extent to which the private bar is mobilized to carry out the prosecutorial function. We ask: In statutes with private rights of action, can Congress substantially affect the degree to which plaintiffs are represented by counsel? Using an original and novel dataset based upon review of archived litigation documents for cases filed in the Northern and Eastern Districts of California over the two decades spanning 1981 to 2000, we examine the effects of the Civil …
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer
Sean Farhang
In this paper we investigate whether, when Congress relies upon private lawsuits to implement a law, the details of the legislation can importantly influence the extent to which the private bar is mobilized to carry out the prosecutorial function. We ask: In statutes with private rights of action, can Congress substantially affect the degree to which plaintiffs are represented by counsel? Using an original and novel dataset based upon review of archived litigation documents for cases filed in the Northern and Eastern Districts of California over the two decades spanning 1981 to 2000, we examine the effects of the Civil …
F09rs Sgb No. 5 (Election Code), Palermo, Hansen, Prestridge, Widenski
F09rs Sgb No. 5 (Election Code), Palermo, Hansen, Prestridge, Widenski
Student Senate Enrolled Legislation
No abstract provided.
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
University of Richmond Law Review
No abstract provided.
F06rs Sgb No. 16 (Senate Representation), Hodge, Hattaway
F06rs Sgb No. 16 (Senate Representation), Hodge, Hattaway
Student Senate Enrolled Legislation
No abstract provided.
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
University of Richmond Law Review
In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891,1 thus adopting the Uniform Trust Code ("UTC"), with modifications considered appropriate to this state's institutions, traditions, and jurisprudence. The Virginia Uniform Trust Code ("Virginia UTC"), set forth in new Chapter 31 of Title 55 of the Virginia Code, has an effective date of July 1, 2006, but, once in effect, it will be applicable (with some exceptions) to trusts created before, on, or after that date. The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, …
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Michigan Law Review
If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.
Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson
Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson
Law Faculty Scholarly Articles
In its continuing role as guardian of citizens’ constitutional rights, the Supreme Court in Baker v. Carr unlocked widespread concern for equal representation in state legislatures. Having been suppressed for two decades in which an amazing shift of population has occurred, the question of reapportionment and what to do about it had become one of great importance. In November, 1960, apportionments of 30 state legislatures had been challenged in state and federal courts. In addition, ten cases of an electoral character are presently on the docket of the Supreme Court of the United States.
Apart from the legal implications and …
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Michigan Law Review
The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of …