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Fiduciary Principles And Statutory Form In Relation To The Necessary And Proper Clause: Potential Constitutional Implications For Congressional Short Titles, Brian Christopher Jones
Fiduciary Principles And Statutory Form In Relation To The Necessary And Proper Clause: Potential Constitutional Implications For Congressional Short Titles, Brian Christopher Jones
Brian Christopher Jones
This article explores the principles of fiduciary duty and statutory form in relation to the “proper” portion of the Necessary and Proper Clause, and especially in regard to congressional short titles for bills and laws. While the clause is one of the most influential and controversial constitutional phrases, its meaning remains shrouded in mystery. At some level amongst the founders, the Constitution was regarded as a grant of fiduciary duty from the government to its people; given this, the clause should be read from such a perspective, and the duties of loyalty and good faith, among others, come into play …
Transatlantic Perspectives On Humanised Public Law Campaigns: Personalising And Depersonalising The Legislative Process, Brian Christopher Jones
Transatlantic Perspectives On Humanised Public Law Campaigns: Personalising And Depersonalising The Legislative Process, Brian Christopher Jones
Brian Christopher Jones
This exploratory article uses interviews from lawmakers, government officials, bill drafters and parliamentary journalists from Westminster, the Scottish Parliament and the United States Congress to determine humanised law campaigns potential impact on the legislative process. It hypothesised that emotional law is prevented through the depersonalisation of such statutory or regulatory instruments, and that more United Kingdom and Scottish interviewees would embrace this perspective than United States interviewees. Humanised campaigns and personalised statutory law in the United States Congress appears to be on the rise. In Britain such campaigns are a rarity, yet over the past few years the Sarah's Law …
Thought Experiment: Would Congressional Short Bill Titles Survive Ftc Scrutiny?, Brian Christopher Jones, Randal M. Shaheen
Thought Experiment: Would Congressional Short Bill Titles Survive Ftc Scrutiny?, Brian Christopher Jones, Randal M. Shaheen
Brian Christopher Jones
Many of those close to the Congressional legislative process seem to view the short titles of bills as “branding” rather than official legal instruments. In fact, this may be one of the reasons that some short titles for bills and laws have become tendentious and overly aspirational. This is problematic for such titles, as they are formally recognized by their inscription into federal law, and thus transcend their “branding” purposes, thereby putting the legal status of short titles in an awkward juxtaposition. By stripping away all of the current legal barriers that would technically negate such a prospect, this Article …