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Full-Text Articles in Law

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 ...


Seeking Asylum In A Modern Society: Global Responses To Latin American Migration, Rebecca Dickinson May 2021

Seeking Asylum In A Modern Society: Global Responses To Latin American Migration, Rebecca Dickinson

Senior Honors Projects

The United States is no stranger to asylum seekers and refugees. The most famous seaport in the country houses a 305-foot-tall statue of a woman bearing a torch with words from the poem The New Colossus by Emma Lazarus etched at her feet: “‘Give me your tired, your poor, /Your huddled masses yearning to breathe free.’”[1] The Statue of Liberty is a symbolic representation of open arms to immigrants from all walks of life. But if everyone is welcome, why do so few actually gain entrance?

US interventionism policies in the 20th century have defined the lives of millions ...


Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr. Apr 2021

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms ...


Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti Apr 2021

Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti

Articles

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. Others, in contrast, saw marriage as a civil rights issue and lauded the transformative potential of same-sex marriage, contending that it could upset the patriarchal nature of marriage and help to refashion marriage into something new and better.

This Article looks back ...


Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams Mar 2021

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses, University of Nebraska-Lincoln

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation ...


Antitrust Antitextualism, Daniel A. Crane Mar 2021

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and ...


Defending Nature Against Rodenticides, Marie Turcott Mar 2021

Defending Nature Against Rodenticides, Marie Turcott

Centre for Law and the Environment

Anticoagulant rodenticides (i.e., rat poisons) are highly toxic compounds that have been recognized for decades to have devastating effects on wildlife species and the wider ecosystem. In this paper, I argue that the continued use of anticoagulant rodenticides is entirely inconsistent with the provincial and federal governments' obligations to citizens and the environment under their respective pesticide legislation, and that the governments' failure to fulfill these obligations is due in part to the refusal to acknowledge rights of nature. I provide an overview of the current statutory and regulatory framework for pesticides in Canada and examine the practical effects ...


How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne Mar 2021

How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne

Faculty Scholarship at Penn Law

Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.

After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay ...


California V. Texas: The Role Of Congressional Procedure In Severability Doctrine, Mary Leto Pareja Feb 2021

California V. Texas: The Role Of Congressional Procedure In Severability Doctrine, Mary Leto Pareja

Faculty Scholarship

The United States Supreme Court is once again considering a case that challenges the constitutionality of the Affordable Care Act (“ACA”). In this round of litigation, plaintiffs argue that because Congress lowered the individual mandate tax penalty to zero in the 2017 Tax Act that makes the individual mandate itself unconstitutional and that, furthermore, the individual mandate cannot be severed from the rest of the ACA. The District Court agreed with the plaintiffs and struck down the entire ACA, and the Supreme Court granted cert to hear this momentous question. A decision is expected by summer of 2021.

The ACA ...


S21rs Sgr No. 3 (Rouses), Craddock, Quadir, Taylor, Staggs, Patel, Nguyen, Pallotta, Landry, Perrodin, Dohrenwend Jan 2021

S21rs Sgr No. 3 (Rouses), Craddock, Quadir, Taylor, Staggs, Patel, Nguyen, Pallotta, Landry, Perrodin, Dohrenwend

Student Senate Enrolled Legislation

A Resolution

To Urge LSU Administration to request for “Rouses Markets” to address the LSU community, in light of recent controversy among the LSU community, to reassure their commitment to diversity, democracy, inclusivity, and promotion of truth.


S21rs Sgr No. 4 (Spirit Squad), Xander Du Plooy Jan 2021

S21rs Sgr No. 4 (Spirit Squad), Xander Du Plooy

Student Senate Enrolled Legislation

A Resolution

To Urge and Request LSU to safely support and aid in the Spirit Squads being able to compete in Nationals this April.


S21rs Sgb No. 2 (Consitution), Alexandra Basse Jan 2021

S21rs Sgb No. 2 (Consitution), Alexandra Basse

Student Senate Enrolled Legislation

A Bill to Amend the LSU Student Government Governing Documents


S21rs Sgcr No. 33 (Constitutional Referendum), Alexandra Basse Jan 2021

S21rs Sgcr No. 33 (Constitutional Referendum), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To place the 2021 Constitution on the Spring 2021 Ballot


S21rs Eo No. 1 (Sexual Violence Prevention Committee), Stone Cox Jan 2021

S21rs Eo No. 1 (Sexual Violence Prevention Committee), Stone Cox

Student Senate Enrolled Legislation

An Executive Order

To establish the Committee on Sexual Violence Prevention as a temporary committee of LSU Student Government, pursuant to Article XIV of the LSU Student Government Bylaws


S21rs Sgr No. 1 (Vice Commissioner), Alexandra Basse Jan 2021

S21rs Sgr No. 1 (Vice Commissioner), Alexandra Basse

Student Senate Enrolled Legislation

A Resolution

To Urge and Request the Election Board to select Deshaun Gaskins as Vice Commissioner


S21rs Sgb No. 3 (Budget), Olivia Taylor Jan 2021

S21rs Sgb No. 3 (Budget), Olivia Taylor

Student Senate Enrolled Legislation

A Bill

To Amend the Student Government Budget


S21rs Sgb No. 1 (Caucus), Alexandra Basse Jan 2021

S21rs Sgb No. 1 (Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Bill to Amend the Student Government Bylaws Article XV to provide Updated Caucus Procedure


S21rs Lo No. 2 (Director Of Communication, Nicole Nguyen), Marina Cole Jan 2021

S21rs Lo No. 2 (Director Of Communication, Nicole Nguyen), Marina Cole

Student Senate Enrolled Legislation

No abstract provided.


S21rs Lo No. 4 (Undersecretary, John Patrick), Marina Cole Jan 2021

S21rs Lo No. 4 (Undersecretary, John Patrick), Marina Cole

Student Senate Enrolled Legislation

A Legislative Order

To Appoint John-Garrett Patrick as Undersecretary of the Fifty Third Student Senate of Louisiana State University


S21rs Lo No. 3 (Director Of Development, Xander Duplooy), Marina Cole Jan 2021

S21rs Lo No. 3 (Director Of Development, Xander Duplooy), Marina Cole

Student Senate Enrolled Legislation

A Legislative Order

To Appoint Xander du Plooy as Director of Development of the Fifty Third Student Senate of Louisiana State University


S21rs Sgcr No. 4 (Senate Vacancy, Amechi Obedechina), Alexandra Basse Jan 2021

S21rs Sgcr No. 4 (Senate Vacancy, Amechi Obedechina), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Amechi Obodechina as a Senator for the College of Music & Dramatic Arts


S21rs Sgcr No. 5 (Senate Vacancy, Evan Antie), Alexandra Basse Jan 2021

S21rs Sgcr No. 5 (Senate Vacancy, Evan Antie), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Evan Antie as a Senator for the University Center for Advising & Counseling


S21rs Sgcr No. 2 (Senate Vacancy, Harrison Cunningham), Alexandra Basse Jan 2021

S21rs Sgcr No. 2 (Senate Vacancy, Harrison Cunningham), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Harrison Cunningham as a Senator for the Graduate School


S21rs Sgcr No. 1 (Senate Vacancy, Abby Cramond), Alexandra Basse Jan 2021

S21rs Sgcr No. 1 (Senate Vacancy, Abby Cramond), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Abby Cramond as a Senator for the College of Agriculture


S21rs Lo No. 1 (Committees), Marina Cole Jan 2021

S21rs Lo No. 1 (Committees), Marina Cole

Student Senate Enrolled Legislation

A Legislative Order

To Appoint the Standing Committees of the Fifty Third Student Senate of Louisiana State University


S21rs Sgr No. 7 (Sexual Assault Statement), Harris Quadir, Matthew Mcclure, Olivia Devall Jan 2021

S21rs Sgr No. 7 (Sexual Assault Statement), Harris Quadir, Matthew Mcclure, Olivia Devall

Student Senate Enrolled Legislation

A Resolution

To Urge and Request LSU administrators to discourage all LSU faculty and staff from making statements not based on publicly available, verified information on pending investigations, specifically regarding the current scrutiny surrounding sexual violence impacting the LSU community.


S21rs Sgfb No. 1 (Skateboard And Scooter Racks), Taylor Perrodin Jan 2021

S21rs Sgfb No. 1 (Skateboard And Scooter Racks), Taylor Perrodin

Student Senate Enrolled Legislation

A Finance Bill

To appropriate a maximum of ten thousands seven hundred and ten dollars ($10,710) from the Student Government initiatives account to purchase 3 12-slot scooter and 3 12-slot skateboard racks to install on campus


S21rs Sgcr No. 10 (Election Board Member), Alexandra Basse Jan 2021

S21rs Sgcr No. 10 (Election Board Member), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Ashlyn Anderson as an Election Board Member


S21rs Sgcr No. 9 (Commissioner Of Elections), Alexandra Basse Jan 2021

S21rs Sgcr No. 9 (Commissioner Of Elections), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Rehm Maham as Commissioner of Elections


S21rs Sgcr No. 8 (Assistant Director Of Diversity), Alexandra Basse Jan 2021

S21rs Sgcr No. 8 (Assistant Director Of Diversity), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Jo'Nae Williams as Assistant Director of Diversity