Legislation Commons^™

Building A Better Future In International Development: Why The Dfc Should Be Considered An Agency To Comply With Development Finance Standards And Maintain Influence Abroad, Rebecca M. Dresner

American University Law Review

The world is facing increasingly global challenges like climate change, growing income inequality, financial crises, and the COVID-19 pandemic. These challenges disproportionately impact economically developing countries. Development Finance Institutions (DFIs) and International Finance Institutions (IFIs) are tools that the international community deploys to mobilize private capital to support development projects around the world. The International Development Finance Corporation is a newly formed U.S. DFI that consolidated the United States’ development finance initiatives into one government entity.

The U.S. International Development Finance Corporation (DFC) is a bilateral entity that receives funding from the U.S. government to further economic advancement in developing …

Poaching, Charles A. Sullivan

American University Law Review

The last few years have seen the beginnings of what could become a radical revision of the law’s approach to restraints on competition in the labor market. While most attention has been focused on “noncompetes”—agreements between employers and their employees imposing postemployment restraints—there has also been a revival of interest in so-called “no-poaches”—agreements by which employers restrict their ability to hire each other’s workers. This new interest includes antitrust challenges and an enhanced skepticism by common law courts about enforcing such agreements. Indeed, as new laws increasingly limit the use of traditional noncompetes, no-poaches have become more attractive to employers …

The Great Holdup: How The Senate And The Filibuster Thwart Gun Legislation Most Americans Want, William G. Dauster

Legislation and Policy Brief

No abstract provided.

Forward, Kimberly Wehle

Legislation and Policy Brief

No abstract provided.

Editor's Welcome, Julie Flower

Legislation and Policy Brief

No abstract provided.

Closing The Courthouse Door On Private Attorneys General: Judicial Expansion Of The First-To-File Bar In The False Claims Act Is Inconsistent With The Act's Text And Purpose, Dylan A. Consla

Legislation and Policy Brief

No abstract provided.

Empowering American Victims Of International Organized Crime: Proposing An Amendment To Clarify Rico's Extraterritorial Application, Lisa Lindhorst

Legislation and Policy Brief

No abstract provided.

The Sherman Act Is A No-Fault Monopolization Statute: A Textualist Demonstration, Robert H. Lande, Richard O. Zerbe

American University Law Review

The drafters of the Sherman Act originally designed Section 2 to impose sanctions on all monopolies and attempts to monopolize, regardless whether the firm had engaged in anticompetitive conduct. This conclusion emerges from the first ever textualist analysis of the language in the statute, a form of interpretation originally performed only by Justice Scalia but now increasingly used by the Supreme Court, including in its recent Bostock decision.

Following Scalia’s methodology, this Article analyzes contemporaneous dictionaries, legal treatises, and cases and demonstrates that when the Sherman Act was passed, the word “monopolize” simply meant that someone had acquired a monopoly. …

Into The Void: The Gao's Role In The Regulartory State, Bridget C.E. Dooling

American University Law Review

The study of Congress largely focuses on its members, committees, and leaders. Meanwhile, the study of federal agencies tends to focus on those that fall within the executive branch. But many agencies and institutions exist to support Congress, and administrative law and political science scholarship has largely overlooked their internal operations. Far more than ministerial, some of these agencies have the ability to shape policy in very meaningful ways. They also have their own institutional interests distinct from the legislators they serve. As instruments of Congress, though, these agencies are generally exempt from the Administrative Procedure Act and a host …

Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower

Legislation and Policy Brief

No abstract provided.

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Legislation and Policy Brief

No abstract provided.

A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes

Legislation and Policy Brief

No abstract provided.

Foreword, Jamin B. Raskin

Legislation and Policy Brief

No abstract provided.

Editor's Welcome, Rachael A. Soloway

Legislation and Policy Brief

No abstract provided.

Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle

Scholarly Articles in Law Reviews & Journals

Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between "us" versus "them" on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …

Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.

Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua

American University National Security Law Brief

No abstract provided.

Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …

Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this …

Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour

American University Business Law Review

No abstract provided.

Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles

The Modern American

No abstract provided.

Human Rights Hero: Abner J. Mikva, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Where Are The Jobs In The Jobs Act? An Examination Of The Uneasy Connection Between Securities Disclosure And Job Creation, Ian K. Peck

American University Business Law Review

No abstract provided.

Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall

Legislation and Policy Brief

No abstract provided.

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …

Suppuration Of Powers: Abscam, Entrapment And The Politics Of Expulsion, Henry Biggs

Legislation and Policy Brief

No abstract provided.

Editor's Welcome, Zachary I. Gold

Legislation and Policy Brief

No abstract provided.

Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.

Legislation and Policy Brief

When it enacted the statute, did Congress consider corporations to be “victims” entitled to restitution under the MVRA? This answer has not been provided or discussed by existing case law applying the MVRA. This article answers this question. In addition, it highlights the possible issues a judge may encounter in the application and interpretation of the MVRA, the current use of the MVRA by corporations, and offers potential defenses a defendant could employ in challenging a corporate giant’s restitution request. Additionally, I discuss several policy arguments justifying the application of the MVRA to corporations as well those arguments that oppose …

Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque

Legislation and Policy Brief

In an increasingly digital world, it can often feel like numbers define us. Whether your social security number, your phone number, or your credit score, the cold truth is that your identity is often boiled down to a single number. In the financial world, your credit score traditionally defines your eligibility for credit and the cost of credit, but the uses of credit scores have expanded to include premiums for insurance, employment eligibility, and other non-financial determinations. Particularly in tough financial times, small fluctuations in credit scores can have large impacts on consumers’ access to affordable credit.

As furnishers and …

Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …