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Full-Text Articles in Legislation

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.


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.


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.


New Evidence For The Broad View: Reconsidering The Absolute Priority Rule In Individual-Debtor Chapter 11 Cases Post-Sbra, Justin J. Maroni Jul 2020

New Evidence For The Broad View: Reconsidering The Absolute Priority Rule In Individual-Debtor Chapter 11 Cases Post-Sbra, Justin J. Maroni

Journal of Legislation

No abstract provided.


Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Chris Stewart, Gene Schaerr Jul 2020

Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Chris Stewart, Gene Schaerr

Journal of Legislation

No abstract provided.


The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers Jun 2019

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …


Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas, Kia Rahnama Jun 2019

Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas, Kia Rahnama

Journal of Legislation

This Article proposes possible legislative reforms to Congress’s exercise of its contempt power in combating non-compliance with subpoenas duly issued as part of congressional investigations. With the recent trends in leveraging congressional investigations as an effective tool of separation of powers, this Article seeks to explore the exact bounds of congressional power in responding to executive officers’ noncompliance with congressional subpoenas, and whether or not current practice could be expanded beyond what has historically been tried by the legislative branch. This Article provides a brief summary of the historic practice behind different options for responding to non-compliance with subpoenas (inherent …


The Perils And Promises Of Artificial General Intelligence, Brian S. Haney Jun 2019

The Perils And Promises Of Artificial General Intelligence, Brian S. Haney

Journal of Legislation

No abstract provided.


Lands Of Opportunity: An Analysis Of The Effectiveness And Impact Of Opportunity Zones In The Tax Cuts And Jobs Act Of 2017, Joseph Bennett Jun 2019

Lands Of Opportunity: An Analysis Of The Effectiveness And Impact Of Opportunity Zones In The Tax Cuts And Jobs Act Of 2017, Joseph Bennett

Journal of Legislation

No abstract provided.


Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney Jun 2019

Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney

Journal of Legislation

No abstract provided.


Do We Need To Secure A Place At The Table For Women? An Analysis Of The Legality Of California Law Sb-826, Teal N. Trujillo Jun 2019

Do We Need To Secure A Place At The Table For Women? An Analysis Of The Legality Of California Law Sb-826, Teal N. Trujillo

Journal of Legislation

No abstract provided.


When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Hitoshi Mayer Jun 2019

When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Hitoshi Mayer

Journal of Legislation

Beginning in the 1990s and continuing today, many of the legal and psychological barriers to nonprofits becoming involved in electoral politics have fallen. At the same time, political divisions have sharpened, causing candidates, political parties, and their supporters to scramble more aggressively for any possible edge in winner-take-all political contests. In the face of these developments, many nonprofits have violated the remaining legal rules applicable to their political activity with little fear of negative consequences, especially given vague rules and a paucity of enforcement resources. Such violations include under reporting of political activity in government filings, fly-by-night organizations that exist …


The Need To Codify Roe V. Wade: A Case For National Abortion Legislation, Kathryn N. Peachman Jun 2019

The Need To Codify Roe V. Wade: A Case For National Abortion Legislation, Kathryn N. Peachman

Journal of Legislation

No abstract provided.