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2017

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Full-Text Articles in Law

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler Dec 2017

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

All Faculty Scholarship

Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to repeal …


How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad Dec 2017

How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad

Articles

Over the last decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as “slave labor” (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity and the “social value of labor” with an expansive interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.” At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors …


Guide To The Cortese-Knox-Hertzberg Local Government Reorganization Act Of 2000, Assembly Committee On Local Government Dec 2017

Guide To The Cortese-Knox-Hertzberg Local Government Reorganization Act Of 2000, Assembly Committee On Local Government

California Assembly

No abstract provided.


Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos Nov 2017

Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos

Book Chapters

One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The debate is vexing in part because there are many ways to specify “equality” and “adequacy.” Are we talking about equality of inputs (which inputs?), equality of opportunity (to achieve what?), or equality of results (which results?)? Douglas Rae and his colleagues famously argued that there are no fewer than 108 structurally distinct conceptions of equality. And how do we …


2017 Bill Summary, Assembly Committee On Judiciary Nov 2017

2017 Bill Summary, Assembly Committee On Judiciary

California Assembly

No abstract provided.


The Progressives: Racism And Public Law, Herbert J. Hovenkamp Nov 2017

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

All Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that …


Prisoners With Disabilities, Margo Schlanger Nov 2017

Prisoners With Disabilities, Margo Schlanger

Book Chapters

A majority of American prisoners have at least one disability. So how jails and prisons deal with those prisoners’ needs is central to institutional safety and humaneness, and to reentry success or failure. In this chapter, I explain what current law requires of prison and jail officials, focusing on statutory and constitutional law mandating non-discrimination, accommodation, integration, and treatment. Jails and prisons have been very slow to learn the most general lesson of these strictures, which is that officials must individualize their assessment of and response to prisoners with disabilities. In addition, I look past current law to additional policies …


The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman Nov 2017

The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …


Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin Oct 2017

Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin

D.C. Council Testimony

No abstract provided.


Sampling Of Employment Retaliation Cases Against Colleges And Universities In The District Of Columbia. Supplemental Testimony By Marcy Karin And Grace Emery For October 10, 2017 Committee Of The Whole Hearing, Marcy L. Karin Oct 2017

Sampling Of Employment Retaliation Cases Against Colleges And Universities In The District Of Columbia. Supplemental Testimony By Marcy Karin And Grace Emery For October 10, 2017 Committee Of The Whole Hearing, Marcy L. Karin

D.C. Council Testimony

No abstract provided.


How Laws Are Made: The Legislature, Sharon Bradley Oct 2017

How Laws Are Made: The Legislature, Sharon Bradley

Presentations

Law, as defined in Black’s Law Dictionary, is “a body of rules of action or conduct prescribed by controlling authority and having binding legal force.” Our laws come from our three branches of Government: legislative, executive, and judicial. These webinars will focus on the law-making activities of each branch, the documents that are created during the process, and how they are used by lawyers and legal researchers


F17rs Sgfb No. 1 (Water Monsters), Ahmad El-Rachidi Oct 2017

F17rs Sgfb No. 1 (Water Monsters), Ahmad El-Rachidi

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of Four thousand dollars and zero cents ($4,000.00) from the Student Government Initiatives account to fund the Water Monsters Coolers Initiative for at least the first three (3) games of the 2017 football season


F17rs Sgb No. 1 (Grad School Attendance), Jordan Landry, Caitlin Mullaney Oct 2017

F17rs Sgb No. 1 (Grad School Attendance), Jordan Landry, Caitlin Mullaney

Student Senate Enrolled Legislation

A Bill

To Amend the Student Government Bylaws Regarding Attendance Requirements for Senators Representing the Paul M. Hebert Law Center


F17rs Sgb No. 2 (Honors College Council), Christina Black Oct 2017

F17rs Sgb No. 2 (Honors College Council), Christina Black

Student Senate Enrolled Legislation

A Bill

To amend the Student Government College Council Constitution and Bylaws


F17rs Eo No. 1 (Furniture), Jason Badeaux Oct 2017

F17rs Eo No. 1 (Furniture), Jason Badeaux

Student Senate Enrolled Legislation

AN EXECUTIVE ORDER

To Allocate a maximum of twelve thousand three hundred four dollars and one cent ($12,304.01) from the Student Government Surplus account to fund basic office furniture in the Student Government Executive Office


F17rs Sgr No. 2 (Best Wishes Scalise), Jordan Landry, Bailey Allmon, Frederick Bell, Ahmad El-Rachidi, Maxwell Martin, Tyler Porche, Johnathon Price, Andrew Vaughn Oct 2017

F17rs Sgr No. 2 (Best Wishes Scalise), Jordan Landry, Bailey Allmon, Frederick Bell, Ahmad El-Rachidi, Maxwell Martin, Tyler Porche, Johnathon Price, Andrew Vaughn

Student Senate Enrolled Legislation

A RESOLUTION

Conveying Best Wishes to Rep. Steve Scalise on His Recovery


F17rs Sgr No. 3 (Charlottesville), Jordan Landry, Wokil Bam, Frederick Bell, Ahmad El-Rachidi, Maxwell Martin, Johnathon Price, Andrew Vaughn Oct 2017

F17rs Sgr No. 3 (Charlottesville), Jordan Landry, Wokil Bam, Frederick Bell, Ahmad El-Rachidi, Maxwell Martin, Johnathon Price, Andrew Vaughn

Student Senate Enrolled Legislation

A RESOLUTION

Standing in Solidarity with Charlottesville, Virginia, and the University of Virginia following the Events of August 11-12, 2017


F17rs Sgr No. 4 (Medical Amnesty), Maxwell Martin, Austin Grashoff Oct 2017

F17rs Sgr No. 4 (Medical Amnesty), Maxwell Martin, Austin Grashoff

Student Senate Enrolled Legislation

A RESOLUTION

URGING THE STUDENT CODE OF CONDUCT REVIEW COMMITTEE TO APPROVE THE EMERGENCY RESPONSE AMNESTY POLICY


F17rs Sgb No. 5 (Budget), Cassidy Riley Oct 2017

F17rs Sgb No. 5 (Budget), Cassidy Riley

Student Senate Enrolled Legislation

A BILL

to ammend the Student Government budget.


F17rs Sgb No. 4 (Reapportionment), Jordan Landry Oct 2017

F17rs Sgb No. 4 (Reapportionment), Jordan Landry

Student Senate Enrolled Legislation

A Bill

To Amend the Student Government Constitution Regarding the Effective Date of Student Senate Apportionment


F17rs Sgr No. 5 (Summer School), Katherine Becquet Oct 2017

F17rs Sgr No. 5 (Summer School), Katherine Becquet

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the Office of Academic Affairs to standardize all Academic Colleges in giving more opportunities than solely the summer semester in completing a course required for graduation.


F17rs Sgr No. 1 (Bus Route), Bret Chalpin, Grey Bianca Oct 2017

F17rs Sgr No. 1 (Bus Route), Bret Chalpin, Grey Bianca

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request one bus be added to the Tiger Trails Purple Bus Route.


F17rs Sgr No. 8 (Textbooks), Ahmad El-Rachidi, Cassidy Riley Oct 2017

F17rs Sgr No. 8 (Textbooks), Ahmad El-Rachidi, Cassidy Riley

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request Information Technology Services and Barnes & Noble at LSU to better promote the online feature which allows students to view the required and recommended texts for a course as well as making it easily accessible to students by adding a link to the myLSU website homepage


F17rs Sgr No. 6 (Library Committee), Jaylon Bond, Sarah Oliver Oct 2017

F17rs Sgr No. 6 (Library Committee), Jaylon Bond, Sarah Oliver

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the formation of a Student Committee to provide input on library renovations and other services offered by the library


F17rs Sgr No. 14 (Honors Lists), Phoebe Fortenberry, Brittney Zhang Oct 2017

F17rs Sgr No. 14 (Honors Lists), Phoebe Fortenberry, Brittney Zhang

Student Senate Enrolled Legislation

A RESOLUTION

TO URGE AND REQUEST THE ADMISSIONS, STANDARDS, AND HONORS COMMITTEE OF THE FACULTY SENATE TO CHANGE THE MINIMUM CREDIT HOUR REQUIREMENT FOR PRESIDENT’S HONOR ROLL AND THE DEAN’S LIST FROM 15 HOURS TO 12 HOURS FOR THE FALL AND SPRING SEMESTERS AND FROM 15 HOURS TO 9 HOURS FOR THE SUMMER TERM.


F17rs Sgcr No. 26 (Bell Tower), Johnathon Price Oct 2017

F17rs Sgcr No. 26 (Bell Tower), Johnathon Price

Student Senate Enrolled Legislation

A CONCURRENT RESOLUTION

To place a referendum before the Louisiana State University Student Body in the Fall 2017 election that outlines a new student initiative to fund the LSU Military Excellence Commission for the Restoration of Memorial Tower.


F17rs Sgr No. 7 (Syllabus Database), Ahmad El-Rachidi, Cassidy Riley Oct 2017

F17rs Sgr No. 7 (Syllabus Database), Ahmad El-Rachidi, Cassidy Riley

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request Information Services to better promote the syllabus database to students as well as to make it more easily accessible to students by adding a link to the myLSU website homepage


F17rs Sgcr No. 26 Veto (Bell Tower), Jason Badeaux Oct 2017

F17rs Sgcr No. 26 Veto (Bell Tower), Jason Badeaux

Student Senate Enrolled Legislation

No abstract provided.


F17rs Sgfb No. 2 (Business Cards), Frederick Bell Oct 2017

F17rs Sgfb No. 2 (Business Cards), Frederick Bell

Student Senate Enrolled Legislation

To allocate one thousand three hundred dollars and zero cents ($1,300.00) from the Student Government Initiatives Account toward student business cards and student business card holders provided by the Olinde Career Center


F17rs Sgfb No. 3 Failed (Contraflow Buses), Jacob Cheatwood, Brett Landry Oct 2017

F17rs Sgfb No. 3 Failed (Contraflow Buses), Jacob Cheatwood, Brett Landry

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of one thousand three hundred eighty dollars and zero cents ($1,380.00) from the Student Government contingency account to fund the contraflow post-game bus service