Law Commons^™

Legislative History And Current Bills Related To The Constitution Convention, Michael Friese

Elisabeth Haub School of Law Student Publications

The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper …

Revenue And Taxation Legislative Summary - 2010, Assembly Committee On Revenue And Taxation

California Assembly

No abstract provided.

Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh

Research Collection Yong Pung How School Of Law

Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognizable. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions. The first approach is seen in the Singapore High Court case of WX v.WW. That case concerned the interpretation of section 114 of the Evidence Act, a decidedly ancient statutory provision. The second approach was adopted by the Singapore Court of Appeal in AAG v. Estate of AAH, deceased. In that case, the Court of Appeal had to interpret …

States Weigh Disclosure Of Liability Insurance Status To Clients, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.

2010 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS:
Tom Ammiano, Chair
Curt Hagman, Vice Chair
Danny Gilmore, Member
Jerry Hill, Member
Jim Beall, Jr., Member
Anthony Portantino, Member
Nancy Skinner, Member

COMMITTEE STAFF:
Gregory Pagan, Chief Counsel
Kimberly Horiuchi, Counsel
Nicole Hanson, Counsel
Gabriel Caswell, Counsel
Milena Nelson, Counsel

Sue Highland, Committee Secretary
Elizabeth V. Potter, Committee Secretary

Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger

Faculty Scholarship

No abstract provided.

F10rs Sgb No. 8 (Budget), Terracciano

Student Senate Enrolled Legislation

A Bill

to budget the funds of the Student Government of Louisiana State University and Agricultural and Mechanical College for the fiscal year 2010-2011; to appropriate funds for activities, projects, and programs of the Student Government; and to appropriate grants to certain student groups and organizations according to the Constitution and Bylaws of the Student Government.

F10rs Sgb No. 9 (Election Code 2), Caffarel, Bonvillain

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Election Code.

F10rs Sgfb No. 1 (Barthel), Hansen, Widenski, Phelan, Apodaca, Hebert, Xuan Luo

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate two hundred and fifty dollars ($250.00) from the senate contingency account to Robyn Barthel for attendance to the 2010 National College Learning Center Associations Conference in Charlotte, NC on September 30^th

F10rs Sgb No. 10 (Election Code 3), Caffarel, Bonvillain

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Election Code.

Sgfb No. 2 (Phelan And Hebert), Hansen, Hebert, Apodoca, Trout

Student Senate Enrolled Legislation

A BILL

To allocate one thousand twenty-nine dollars ($1,029.00) from the senate contingency account to Ben Phelan and Neal Hebert for attendance to the American Society of Theatre Researchers conference in Seattle, WA on November 18^th-21^ST.

F10rs Sgfb No. 3 (Service Learning), Jones

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum OF SIXTEEN thousand dollars ($16,000) from the Senate surplus account to fund the establishment of eight (8) new service-learning courses.

F10rs Sgr No. 1 (Community Colleges), Jones, Jones, Lemoine, Arcana, Wells

Student Senate Enrolled Legislation

A RESOLUTION

To support the community colleges of louisiana

F10rs Sgr No. 2 (Drop Date), Jones, Westbrook

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the Louisiana State University Faculty Senate to endorse the proposed Withdrawal Date Policy revisions

F10rs Sgr No. 4 (Regalia), Jones, Westbrook, Baudoin, Alexander

Student Senate Enrolled Legislation

A RESOLUTION

TO URGE AND REQUEST ACADEMIC AFFAIRS AND FACULTY SENATE TO RECOGNIZE AND ALLOW ALL CAMPUS LIFE APPROVED STUDENT

ORGANIZATIONS AND UNIVERSITY DEPARTMENTAL HONORS TO WEAR ALL DESIGNATED COMMENCEMENT REGALIA.

F10rs Sgr No. 3 (Nutritional Statistics), Sullivan, Caffarel

Student Senate Enrolled Legislation

A RESOLUTION

to urge and request that nutritional information regarding food served at the 5 and 459 Commons be made available to the campus community.

F10rs Sgr No. 6 (Parking Meters), Jefcoat, Ardoin

Student Senate Enrolled Legislation

A RESOLUTION

to urge and request that all metered parking spaces on campus are in service between the hours of 7:00am and 4:30pm on weekdays.

F10rs Sgr No. 5 (Athletic Dept), Lemoine, Simon, Abshire, Derenbecker, Clark, Chiang, Zeringue, Kelly, Lane, Harding

Student Senate Enrolled Legislation

A RESOLUTION

To acknowledge and thank the Athletic Department at Louisiana State University for its contribution to the University.

F10rs Sgr No. 7 (Dead Week), Sullivan, Caffarel

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request Academic Affairs to adjust its policy regarding the Concentrated Study Period.

Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier

Law Student Publications

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.

Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh

Faculty Publications

Infertile men and women have been using assisted reproductive technologies (ART) to conceive children since the first "test-tube baby" was born in 1978. During the past decade, however, the federal government has begun to clamp down on ART, asserting safety concerns as grounds forbanning novel technologies such as cloning, nuclear transfer, and ooplasm transfer.

Some scholars and policymakers now want to extend governmental regulation to include conventional ART such as in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI). They claim children conceived through ART face an increased risk of birth defects and other health problems.

This Article examines the …

Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam

Research Collection Yong Pung How School Of Law

The article presents information on the presidential legislation of the parliamentary democracies, India and Pakistan. It discusses the role of the President acting as the Council of Ministers for the enactment of legislations as ordinances without the consent of the Parliament. Information on the legal interpretation of the ordinances and its interaction with the principles of the parliamentary system of the government is also presented.

Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.

The Judicial Instinct To Harmonize Statutes, Steve R. Johnson

Scholarly Publications

Judges like to reach results that harmonize statutory meanings, both meanings within given statutes and meanings among statutes. That inclination applies as fully in tax cases as in nontax cases, and in state and local tax cases as well as in federal tax cases. Effective advocates in state-local tax controversies recognize that judicial tropism and use it, whenever possible, in their clients’ interests.

Part I discusses the harmonization instinct generally. Part II illustrates application of the harmonization approach in state and local cases. Part III notes some limitations on and unsettled questions regarding the harmonization.

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …

Immigration, Association, And The Family, Matthew J. Lister

All Faculty Scholarship

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why …

When General Statutes And Specific Statutes Conflict, Steve R. Johnson

Scholarly Publications

It’s no secret that the pace of lawmaking in the United States has accelerated dramatically in recent decades. So much so that one may be forgiven for thinking that the best law reform would be a moratorium on further law reform – - to give citizens, their legal representatives, and government officials the opportunity to catch up with the laws we already have made.

Legislatures, agencies, and courts all have made their contributions to the torrent of lawmaking. The phenomenon has been attributed to various causes, including growing populations, greater population densities as a result of urbanization, rapid technological changes, …

The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz, Douglas M. Weck

All Faculty Scholarship

The Model Penal Code made great advances in clarity and legality, moving most of the states from a mix of common law and ad hoc statutes to the modern American form of a comprehensive, succinct code that has served as a model around the world. Yet the decades since the wave of Model Code-based codifications have seen a steady degradation of American codes brought on by a relentless and accelerating rate of criminal law amendments that ignore the style, format, and content of the existing codes. The most damaging aspect of this trend is the exponentially increasing number of offense …

Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl

Faculty Publications

In the U.S. Senate, only one-third of the members stand for election every two years; the rest carry over from one congressional term to the next. In this regard the Senate differs from the House of Representatives, where all members stand for election every two-year cycle. That much is familiar, but what legal consequences flow from this structural difference? According to some legislators, courts, and commentators, this difference is very important in that it makes the Senate, but not the House, a "continuing body." The continuing-body idea is invoked to defend highly controversial aspects of Senate practice. By far the …

Legislating In The Light: Considering Empirical Data In Crafting Arbitration Reforms, Amy J. Schmitz

Faculty Publications

Consumer advocates and policymakers call for abolition of predispute arbitration clauses in consumer contracts, while proponents of arbitration claim such abolition would increase companies’ dispute resolution costs, leading to higher prices and interest rates. Policymakers on both sides of the debate, however, rarely consider the empirical research necessary for crafting informed arbitration disclosure rules. This article therefore focuses on how varied research, including my own empirical studies, may inform policies regarding arbitration disclosure regulations. The article also offers suggestions for regulations tailored to have the most impact for the cost in light of this research.