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Legislation Commons™

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Notre Dame Law School

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Articles 61 - 90 of 210

Full-Text Articles in Legislation

Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative, Jimmy Gurulé May 2021

Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative, Jimmy Gurulé

Journal of Legislation

No abstract provided.


Challenges Of Leadership In The Twenty-First Century, Leon Panetta May 2021

Challenges Of Leadership In The Twenty-First Century, Leon Panetta

Journal of Legislation

No abstract provided.


Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act, Tarun Krishnakumar May 2021

Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act, Tarun Krishnakumar

Journal of Legislation

No abstract provided.


Vaccination Evasion: Legislating A Solution Through A Revised Vaccinate All Children Act Of 2019, Sophia C. Aguilar May 2021

Vaccination Evasion: Legislating A Solution Through A Revised Vaccinate All Children Act Of 2019, Sophia C. Aguilar

Journal of Legislation

No abstract provided.


Locked, Loaded, And Registered: The Feasibility And Constitutionality Of A Federal Firearms Registration System, Dylan J. Mcdonough Jan 2021

Locked, Loaded, And Registered: The Feasibility And Constitutionality Of A Federal Firearms Registration System, Dylan J. Mcdonough

Notre Dame Law Review

This Note is organized as follows. Part I outlines the evolving history of federal firearm legislation and its relevance to registration. Part I also presents promising state-level (or equivalent) systems of gun registration that may inform a like federal policy. Part II establishes the Supreme Court’s Second Amendment jurisprudence and its potential application to federal firearms registration. Part III then details a lower court’s application of Supreme Court precedent to existing firearm registration laws. Finally, this Note concludes by articulating how Congress can and why it must institute a federal firearms registration system.


The Law Wants To Be Formal, Chaim Saiman Jan 2021

The Law Wants To Be Formal, Chaim Saiman

Notre Dame Law Review

This Article examines the relationship between the formalism of an area of law, and whether it plays a central role in the legal system. English and American law were traditionally comprised of formalist private law doctrines. The influence of legal realism and the New Deal, however, caused these systems to diverge. While American private law was recast in realist terms, it also became less significant to the overall legal system. In its place, procedure and statutory interpretation emerged, and in turn became more formalized. Realism was never as influential in England where private law remains more formal and at the …


Antitrust Antitextualism, Daniel A. Crane Jan 2021

Antitrust Antitextualism, Daniel A. Crane

Notre Dame Law Review

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon: judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and …


The Lack Of Regulation In Preventing Greenwashing Of Cosmetics In The U.S., Alexa Riccolo Jan 2021

The Lack Of Regulation In Preventing Greenwashing Of Cosmetics In The U.S., Alexa Riccolo

Journal of Legislation

If you walked through your local grocery or beauty store today, there is no doubt that you would be bombarded with thousands of different products. You may also observe that many labels accompanying these products utilize terms such as “organic,” “natural,” or “green” in their marketing efforts. Most consumers look to these labels and trust that the products are better for their health and the environment. In a recent study, over 80% of millennials believe that purchasing ecofriendly products not only improves their quality of life, but 75% of millennials are actively looking to make greener changes in their homes …


Cyber-Security, Privacy, And The Covid-19 Attenuation?, Vincent J. Samar Jan 2021

Cyber-Security, Privacy, And The Covid-19 Attenuation?, Vincent J. Samar

Journal of Legislation

Large-scale data brokers collect massive amounts of highly personal consumer information to be sold to whoever will pay their price, even at the expense of sacrificing individual privacy and autonomy in the process. In this Article, I will show how a proper understanding and justification for a right to privacy, in context to both protecting private acts and safeguarding information and states of affairs for the performance of such acts, provides a necessary background framework for imposing legal restrictions on such collections. This problem, which has already gained some attention in literature, now becomes even more worrisome, as government itself …


Regulating The Political Wild West: State Efforts To Disclose Sources Of Online Political Advertising, Victoria Smith Ekstrand, Ashley Fox Jan 2021

Regulating The Political Wild West: State Efforts To Disclose Sources Of Online Political Advertising, Victoria Smith Ekstrand, Ashley Fox

Journal of Legislation

The problem of disinformation in online political advertising is growing, with ongoing and potential threats to campaigns coming from both within and outside the United States. Most scholarship in this area has focused on either disclosures and disclaimers under the proposed Honest Ads Act or other fixes aimed at a gridlocked Federal Election Commission (“FEC”). With federal reform at a standstill, states have jumped into the void. Between the 2016 presidential election and early 2020, eight states passed legislation to expressly regulate online political advertising for state candidates and ballot measures, including Maryland, whose state law was declared unconstitutional as …


Michigan’S Driver’S Licensing Legislation: The Road To Unlicensed Drivers, Alexa Tipton Jan 2021

Michigan’S Driver’S Licensing Legislation: The Road To Unlicensed Drivers, Alexa Tipton

Journal of Legislation

No abstract provided.


State Attorneys General, Political Lawsuits, And Their Collective Voice In The Inter-Institutional Constitutional Dialogue, Mark C. Miller Jan 2021

State Attorneys General, Political Lawsuits, And Their Collective Voice In The Inter-Institutional Constitutional Dialogue, Mark C. Miller

Journal of Legislation

No abstract provided.


Jubilee Under Textualism, John Patrick Hunt Jan 2021

Jubilee Under Textualism, John Patrick Hunt

Journal of Legislation

No abstract provided.


The Absurdity Of The Illinois Felony-Murder Doctrine, Aidan Beck Jan 2021

The Absurdity Of The Illinois Felony-Murder Doctrine, Aidan Beck

Journal of Legislation

No abstract provided.


Occupational Hazard: A Critique Of California Elections Code § 13107(A)(3), Peter Nemerovski Jan 2021

Occupational Hazard: A Critique Of California Elections Code § 13107(A)(3), Peter Nemerovski

Journal of Legislation

No abstract provided.


Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady Jan 2021

Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady

Journal of Legislation

The Texas Supreme Court in the late 1990s, in two significant cases, arguably interpreted statutes to achieve a result directly opposite to the Texas Legislature’s decision to adopt a specific text. Why do lawyers and judges struggle when reading and applying legislation, especially when using enactment history? Under Professor Victoria Nourse’s legislative decision theory, the struggle is attributable to the fact that lawyers do not consider the legislature’s institutional rules and procedures to find the proper text to interpret a statute in light of the available legislative evidence. Wider implementation of her theory is hampered by current legal citation practices …


Reforming And Clarifying Special Immigrant Juvenile Status, Brad Reynolds Jan 2021

Reforming And Clarifying Special Immigrant Juvenile Status, Brad Reynolds

Journal of Legislation

Special Immigrant Juvenile Status (“SIJS” or “SIJ status”) is a form of immigration relief for undocumented minor children who have been abused, abandoned, and/or neglected by one or both parents. Most applicants for SIJ status hail from the “Northern Triangle” countries of El Salvador, Honduras, and Guatemala, and have travelled thousands of miles, often alone and in dangerous conditions, to seek protection in the United States that one or both of their parents are unable or unwilling to provide them in their country of origin, typically from gangs.1 To ensure that the best interests of these children are protected, the …


Exclusionary Economic Zoning: How The United States Government Circumvented Prohibitions On Racial Zoning Through The Standard State Zoning Enabling Act, Michael Kim Jan 2021

Exclusionary Economic Zoning: How The United States Government Circumvented Prohibitions On Racial Zoning Through The Standard State Zoning Enabling Act, Michael Kim

Journal of Legislation

No abstract provided.


A More Reasonable Approach To Noncompete Employment Agreements In California, Lindsey Schmidt Jan 2021

A More Reasonable Approach To Noncompete Employment Agreements In California, Lindsey Schmidt

Journal of Legislation

No abstract provided.


Legislatures Want To Unlockdown, But Courts Hold The Key: Resolution Of Executive And Legislative Disputes In Coronavirus Times, Brian Friery Jan 2021

Legislatures Want To Unlockdown, But Courts Hold The Key: Resolution Of Executive And Legislative Disputes In Coronavirus Times, Brian Friery

Journal of Legislation

No abstract provided.


How Congress Can Help Raise Vaccine Rates, Dorit Rubinstein Reiss, Y. Tony Yang Oct 2020

How Congress Can Help Raise Vaccine Rates, Dorit Rubinstein Reiss, Y. Tony Yang

Notre Dame Law Review Reflection

2019 saw an unusually high number of measles cases, and other preventable disease outbreaks, at least in part linked to vaccines refusal. States are considering legislative responses. This Essay examines what role the federal government can fill in increasing vaccines rates. The Essay suggests that the federal government has an important role to fill in funding research, coordination, and local efforts. It also suggests that a federal school vaccine mandate is likely not the solution: first, such mandates can run into plausible constitutional challenges, and second, there are policy arguments against it. The policy contentions include the unfairness of imposing …


The Unfairness Of The Misnamed "Fairness For All" Act, Ryan T. Anderson, Robert P. George Jul 2020

The Unfairness Of The Misnamed "Fairness For All" Act, Ryan T. Anderson, Robert P. George

Journal of Legislation Online

No abstract provided.


Common Sense Case For Common Ground Lawmaking: Three Cheers For Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Tanner Bean, Robin Fretwell Wilson Jul 2020

Common Sense Case For Common Ground Lawmaking: Three Cheers For Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Tanner Bean, Robin Fretwell Wilson

Journal of Legislation Online Supplement

No abstract provided.


The Unfairness Of The Misnamed “Fairness For All” Act, Ryan T. Anderson, Robert P. George Jul 2020

The Unfairness Of The Misnamed “Fairness For All” Act, Ryan T. Anderson, Robert P. George

Journal of Legislation Online Supplement

No abstract provided.


Clarity Or Confusion?: The Common Law Economic Substance Doctrine And Its Statutory Counterpart, Summer Desloge Jul 2020

Clarity Or Confusion?: The Common Law Economic Substance Doctrine And Its Statutory Counterpart, Summer Desloge

Journal of Legislation

No abstract provided.


The Relationship Between The Bill Of Attainder Clause, The Use Of Sanctions As A Regulatory Tool For Foreign Trade, And Corporate Personhood, Alina Veneziano Jul 2020

The Relationship Between The Bill Of Attainder Clause, The Use Of Sanctions As A Regulatory Tool For Foreign Trade, And Corporate Personhood, Alina Veneziano

Journal of Legislation

No abstract provided.


Federal Legislation Still Has A Role To Play In The Fight For Student-Athlete Compensation, Brandon Beyer Jul 2020

Federal Legislation Still Has A Role To Play In The Fight For Student-Athlete Compensation, Brandon Beyer

Journal of Legislation

No abstract provided.


Rluipa At 20: A Quantitative Study Of Its Impact On Land Use And Religious Minorities, Lucien J. Dhooge Jul 2020

Rluipa At 20: A Quantitative Study Of Its Impact On Land Use And Religious Minorities, Lucien J. Dhooge

Journal of Legislation

No abstract provided.


Does Objectives-Based Financial Regulation Imply A Rethink Of Legislatively Mandated Economic Regulation? A Literature Review, Bryane Michael, Say-Hak Goo, Svitlana Osaulenko Jul 2020

Does Objectives-Based Financial Regulation Imply A Rethink Of Legislatively Mandated Economic Regulation? A Literature Review, Bryane Michael, Say-Hak Goo, Svitlana Osaulenko

Journal of Legislation

No abstract provided.


#Courtstoo: Constitutional Judicial Accountability In The #Metoo Era, Zachary Johnson Jul 2020

#Courtstoo: Constitutional Judicial Accountability In The #Metoo Era, Zachary Johnson

Journal of Legislation

No abstract provided.