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Articles 1 - 30 of 115
Full-Text Articles in Law
Menstrual Equity In Schools: Existing State Laws, Marcy L. Karin, Galina M. Abdel Aziz
Menstrual Equity In Schools: Existing State Laws, Marcy L. Karin, Galina M. Abdel Aziz
D.C. Council Testimony
This chart supplements our November 24, 2020 testimony in support of B23-0887, the “Expanding Student Access to Period Products Act of 2020.” It compares existing state laws that provide access to free menstrual products in schools.
Eager To Follow: Methodological Precedent In Statutory Interpretation, Aaron-Andrew P. Bruhl
Eager To Follow: Methodological Precedent In Statutory Interpretation, Aaron-Andrew P. Bruhl
Faculty Publications
An important recent development in the field of statutory interpretation is the emergence of a movement calling for "methodological precedent"--a regime under which courts give precedential effect to interpretive methodology. In such a system, a case would establish not only what a particular statute means but could also establish binding rules of methodology--which tools are valid, in what order, and so on. The movement for methodological precedent has attracted sharp criticism on normative grounds. But both sides of the normative debate agree on the premise that the federal courts generally do not give precedential effect to interpretive methodology today.
This …
Assembly Committee On Elections And Redistricting, 2020 Legislative Summary, Assembly Committee On Elections And Redistricting
Assembly Committee On Elections And Redistricting, 2020 Legislative Summary, Assembly Committee On Elections And Redistricting
California Assembly
No abstract provided.
Assembly Committee On Public Employment And Retirement, 2019-2020 Summary Of Legislation, Assembly Committee On Public Employment And Retirement
Assembly Committee On Public Employment And Retirement, 2019-2020 Summary Of Legislation, Assembly Committee On Public Employment And Retirement
California Assembly
No abstract provided.
Assembly Committee On Transportation, Summary Of Legislation 2019-2020, Assembly Committee On Transportation
Assembly Committee On Transportation, Summary Of Legislation 2019-2020, Assembly Committee On Transportation
California Assembly
No abstract provided.
Predictable Punishments, Brian Galle, Murat C. Mungan
Predictable Punishments, Brian Galle, Murat C. Mungan
Faculty Scholarship
Economic analyses of both crime and regulation writ large suggest that the subjective cost or value of incentives is critical to their effectiveness. But reliable information about subjective valuation is scarce, as those who are punished have little reason to report honestly. Modern “big data” techniques promise to overcome this information shortfall but perhaps at the cost of individual privacy and the autonomy that privacy’s shield provides.
This Article argues that regulators can and should instead rely on methods that remain accurate even in the face of limited information. Building on a formal model we present elsewhere, we show that …
Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters
Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters
Faculty Scholarship
Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of judicial …
Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz
Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz
D.C. Council Testimony
No abstract provided.
Assembly Committee On Agriculture, 2019-2020 Legislative Summary, Assembly Committee On Agriculture
Assembly Committee On Agriculture, 2019-2020 Legislative Summary, Assembly Committee On Agriculture
California Assembly
No abstract provided.
Assembly Committee On Governmental Organization, 2019-2020 Legislative Summary, Assembly Committee On Governmental Organization
Assembly Committee On Governmental Organization, 2019-2020 Legislative Summary, Assembly Committee On Governmental Organization
California Assembly
No abstract provided.
Assembly Local Government Committee, 2020 Legislative Summary, Assembly Local Government Committee
Assembly Local Government Committee, 2020 Legislative Summary, Assembly Local Government Committee
California Assembly
No abstract provided.
Assembly Committee On Higher Education, 2019-20 Session Legislative Bill Summary, Assembly Committee On Higher Education
Assembly Committee On Higher Education, 2019-20 Session Legislative Bill Summary, Assembly Committee On Higher Education
California Assembly
No abstract provided.
Assembly Committee On Water, Parks And Wildlife, 2019-2020 Legislative Bill Summary, Assembly Committee On Water, Parks And Wildlife
Assembly Committee On Water, Parks And Wildlife, 2019-2020 Legislative Bill Summary, Assembly Committee On Water, Parks And Wildlife
California Assembly
No abstract provided.
Assembly Committee On The Judiciary 2019-2020 Bill Summary, Assembly Committee On The Judiciary
Assembly Committee On The Judiciary 2019-2020 Bill Summary, Assembly Committee On The Judiciary
California Assembly
No abstract provided.
Unwaivable: Public Enforcement Claims And Mandatory Arbitration, Myriam E. Gilles, Gary Friedman
Unwaivable: Public Enforcement Claims And Mandatory Arbitration, Myriam E. Gilles, Gary Friedman
Articles
This essay, written for a conference on the “pathways and hurdles” that lie ahead in consumer litigation, is the first to examine the implications of California’s recent jurisprudence holding public enforcement claims unwaivable in standard-form contracts of adhesion, and the inevitable clash with the U.S. Supreme Court’s decisional law interpreting the Federal Arbitration Act. With its rich history of rebuffing efforts to deprive citizens of public rights through private contract, California provides an ideal laboratory for exploring this escalating conflict.
An Interprofessional Approach To Teaching Advocacy Skills: Lessons From An Academic Medical-Legal Partnership, Vicki W. Girard, Eileen S. Moore, Lisa P. Kessler, Deborah F. Perry, Yael Cannon
An Interprofessional Approach To Teaching Advocacy Skills: Lessons From An Academic Medical-Legal Partnership, Vicki W. Girard, Eileen S. Moore, Lisa P. Kessler, Deborah F. Perry, Yael Cannon
Georgetown Law Faculty Publications and Other Works
Medical students and educators recognize that preparing the next generation of health leaders to address seemingly intractable problems like health disparities should include advocacy training. Opportunities to acquire the knowledge and skills needed to effectively advocate at the policy level to promote systems-, community-, and population-level solutions are a critical component of such training. But formal advocacy training programs that develop and measure such skills are scarce. Even less common are interprofessional advocacy training programs that include legal and policy experts to help medical students learn such skills.
This 2016–2017 pilot study started with a legislative advocacy training program for …
Assembly Committee On Aging And Long-Term Care, 2019–2020 Legislative Summary, Assembly Committee On Aging And Long-Term Care
Assembly Committee On Aging And Long-Term Care, 2019–2020 Legislative Summary, Assembly Committee On Aging And Long-Term Care
California Assembly
No abstract provided.
Assembly Committee On Banking And Finance, 2019-2020 Summary Of Legislation, Assembly Committee On Banking And Finance
Assembly Committee On Banking And Finance, 2019-2020 Summary Of Legislation, Assembly Committee On Banking And Finance
California Assembly
No abstract provided.
Assembly Committee On Education, 2020 Legislative Summary, Assembly Committee On Education
Assembly Committee On Education, 2020 Legislative Summary, Assembly Committee On Education
California Assembly
No abstract provided.
Assembly Committee On Insurance, 2019-2020 Legislative Summary, Assembly Committee On Insurance
Assembly Committee On Insurance, 2019-2020 Legislative Summary, Assembly Committee On Insurance
California Assembly
No abstract provided.
Accessible Websites And Mobile Applications Under The Ada: The Lack Of Legal Guidelines And What This Means For Businesses And Their Customers, Josephine Meyer
Accessible Websites And Mobile Applications Under The Ada: The Lack Of Legal Guidelines And What This Means For Businesses And Their Customers, Josephine Meyer
Seattle University Law Review SUpra
No abstract provided.
Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss
Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss
Seattle University Law Review SUpra
At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.
In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …
Back To The Future: Creating A Bipartisan Environmental Movement For The 21st Century, David M. Uhlmann
Back To The Future: Creating A Bipartisan Environmental Movement For The 21st Century, David M. Uhlmann
Articles
With a contentious presidential election looming amidst a pandemic, economic worries, and historic protests against systemic racism, climate action may seem less pressing than other challenges. Nothing could be further from the truth. To prevent greater public health threats and economic dislocation from climate disruption, which will disproportionately harm Black Americans, people of color, and indigenous people, this Comment argues that we need to restore the bipartisanship that fueled the environmental movement and that the fate of the planet—and our children and grandchildren—depends upon our collective action.
The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler
The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler
Articles
Two little known clauses of a Reconstruction-era civil rights statute are potentially powerful weapons for litigators seeking to protect the integrity of federal elections. For the clauses to achieve their potential, however, the courts will need to settle correctly a contested question of statutory interpretation: do the clauses create substantive rights, or do they merely create remedies for substantive rights specified elsewhere? The correct answer is that the clauses create substantive rights.
Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix T. Wu, Justin Hughes
Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix T. Wu, Justin Hughes
Articles
This symposium discussion of the Loyola of Los Angeles Law Review focuses on the newly enacted California Consumer Privacy Act (CPPA), a statute signed into state law by then-Governor Jerry Brown on June 28, 2018 and effective as of January 1, 2020. The panel was held on February 20, 2020.
The panelists discuss how businesses are responding to the new law and obstacles for consumers to make effective use of the law’s protections and rights. Most importantly, the panelists grapple with questions courts are likely to have to address, including the definition of personal information under the CCPA, the application …
A Positive Dialectic: Beps And The United States, Reuven S. Avi-Yonah
A Positive Dialectic: Beps And The United States, Reuven S. Avi-Yonah
Articles
This essay addresses the interaction between the changes in the international tax regime identified by Mason and U.S. international tax policy. Specifically, I will argue that contrary to the general view, the United States actively implemented the Organisation for Economic Co-Operation and Development (OECD)/G20 Base Erosion and Profit Shifting (BEPS) recommendations through the Tax Cuts and Jobs Act of 2017 (TCJA). Moreover, the changes of the TCJA influenced the current OECD effort of BEPS 2.0. Thus, the current state of affairs can be characterized as a constructive dialogue: The OECD moves (BEPS 1), the United States responds (TCJA), the OECD …
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Articles
Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency’s decisions …
Cle Working Paper No.2/2020--Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott
Cle Working Paper No.2/2020--Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott
Centre for Law and the Environment
The Canadian federal government's carbon pricing legislation has generated substantial public and academic debate. In this paper we argue that academic debate should adhere to standards for responsible conduct of research during crises such as the current climate emergency, and avoid the nastiness and distortion that infect populist political rhetoric and social media. We discuss the norms of responsible scholarship that apply to Canadian legal academics, with a focus on standards that demand scrupulous fairness to other scholars and to the materials one is analyzing. We argue that a recent article by Professor Dwight Newman on the Saskatchewan and Ontario …
Cle Working Paper No.1/2020--Rights Of Nature Legislation For British Columbia: Issues And Options, Rachel Garrett, Stepan Wood
Cle Working Paper No.1/2020--Rights Of Nature Legislation For British Columbia: Issues And Options, Rachel Garrett, Stepan Wood
Centre for Law and the Environment
This paper explores how the rights of nature could be protected through legislation in British Columbia (BC). Canada is far behind other countries in protecting rights of nature. Canadian law does not currently recognize the rights of nature in any meaningful way. Numerous statutes in Canada making nature—from fisheries to wildlife, to the land itself—the exclusive property of humans, with no inherent right to exist, flourish or be restored. We explore two potential avenues for protecting the rights of nature in British Columbia: 1) amendment of existing legislation, and 2) a new stand-alone rights of nature statute. We examine trailblazing …
Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi, Ofer Eldar
Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi, Ofer Eldar
Articles
A key question at the intersection of state and federal law is whether corpo- rations can use their charters or bylaws to restrict securities litigation to federal court. In December 2018, the Delaware Chancery Court answered this question in the negative in the landmark decision Sciabacucchi v. Salzberg. The court invalidated “federal forum provisions” (“FFPs”) that allow companies to select federal district courts as the exclusive venue for claims brought under the Secur- ities Act of 1933 (“1933 Act”). The decision held that the internal affairs doc- trine, which is the bedrock of U.S. corporate law, does not permit charter …