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Articles 91 - 120 of 222
Full-Text Articles in Legislation
Retheorizing The Presumption Against Implied Repeals, Karen Petroski
Retheorizing The Presumption Against Implied Repeals, Karen Petroski
All Faculty Scholarship
What should a court do when it is presented with two statutes that appear to be in conflict? If the conflict proves irreconcilable, and neither of the statutes is more specific than the other, a long-standing principle of statutory interpretation advises the court to conclude that the legislature's last word on the subject-the later-enacted statute-controls. The later enacted statute therefore "repeals" by necessary implication the earlier, contrary statute to the extent of the conflict.' This rule of thumb reflects an understanding that, occasionally, updating of the statutory scheme is desirable, either because this updating was intended (if not acknowledged) by …
Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson
Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson
Nevada Law Journal
No abstract provided.
Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez
Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez
Nevada Law Journal
No abstract provided.
The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel
The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman
Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman
Nevada Law Journal
No abstract provided.
The Future Of Guinn V. Legislature, Troy L. Atkinson
The Future Of Guinn V. Legislature, Troy L. Atkinson
Nevada Law Journal
United States Supreme Court Justice Robert Jackson best articulated the human element, giving life to the Nation's Highest Court, when he stated: "We are not final because we are infallible, but we are infallible only because we are final." With the Legislature eventually approving a balanced budget by a supermajority vote, the Nevada Supreme Court's ruling in Guinn v. Legislature, will stand, at least for now, because it is "final." However, the Guinn ruling is far from "infallible." The circumstances leading to the Court's decision, as well as the court's logic, have created a dangerous precedent that could extend far …
Animals, Rights And Property:The (Un)Attachment Of Pets In Israeli Law, Pablo Lerner
Animals, Rights And Property:The (Un)Attachment Of Pets In Israeli Law, Pablo Lerner
ExpressO
No abstract provided.
The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen
The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen
Publications from President Jonathan G.S. Koppell
This article presents evidence of name-order effects in balloting from a study of the 1998 Democratic primary in New York City, in which the order of candidates' names was rotated by precinct. In 71 of 79 individual nominating contests, candidates received a greater proportion of the vote when listed first than when listed in any other position. In seven of those 71 contests, the advantage to first position exceeded the winner's margin of victory, suggesting that ballot position would have determined the election outcomes if one candidate had held the top spot in all precincts.
Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin
Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin
ExpressO
Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.
Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar
Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar
ExpressO
This Article presents an empirical, doctrinal, and theoretical critique of public engagement in the modern administrative state. The legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert scientific decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach …
Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
49 p. : map ; 28 cm
Private Lands Conservation In The U.S. Virgin Islands, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The U.S. Virgin Islands, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
61 p. ; 28 cm
Private Lands Conservation In The Republic Of The Marshall Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Republic Of The Marshall Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
59 p. ; 28 cm
(Un)Masking Race-Based Intracorporate Conspiracies Under The Ku Klux Klan Act, Catherine E. Smith
(Un)Masking Race-Based Intracorporate Conspiracies Under The Ku Klux Klan Act, Catherine E. Smith
Scholarly Articles
The intracorporate conspiracy doctrine should not be applicable to § 1985(3) conspiracies. Section 2 of the Ku Klux Klan Act was designed to specifically challenge collective action and eliminate the many ways in which individuals conspired to engage in civil rights violations. Some commentators may argue that race-based intracorporate agreements are actionable under other federal antidiscrimination laws and state causes of actions. However, § 1985(3) fulfills a unique role in the national comprehensive civil rights scheme to eliminate different forms of bias-motivated and discriminatory actions. As the only federal civil conspiracy statute that punishes individuals who use collective resources to …
Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
46 p. ; 28 cm
Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
56 p. ; 28 cm
Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
41 p. ; 28 cm
Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
68 p. ; 28 cm
Private Lands Conservation In Jamaica, Katharine Stone, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Jamaica, Katharine Stone, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
1, 35 leaves ; 28 cm
Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
59 p. ; 28 cm
Private Lands Conservation In Palau, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Palau, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
1, 37 leaves ; 28 cm
Session Law 04-062, Florida Senate & House Of Representatives
Session Law 04-062, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Private Lands Conservation In Grenada, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Grenada, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
47 p. ; 28 cm
Private Lands Conservation In Guam, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Guam, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
93 p. ; 28 cm
Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
74 p. ; 28 cm
Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
69 p. ; 28 cm
Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
56 p. ; 28 cm
Minnesota’S New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim
Minnesota’S New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim
William Mitchell Law Review
For the first time in almost twenty years, the Minnesota legislature has altered the statutory procedures for canceling residential purchase agreements. The 2004 legislature instituted two new procedures for cancellation of residential purchase agreements, both of which will significantly change current practices. … The new legislation for cancellation of residential purchase agreements represents an effort to provide an expedited method of allowing sellers and buyers to resolve standoffs between the parties with the broker in the middle holding the earnest money. It has the advantages over section 559.21 of speed, a remedy for the buyer, and a means of confirming …
Table Of Bill Numbers, University Of The Pacific; Mcgeorge School Of Law
Table Of Bill Numbers, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Labor / Chapter 484: The Strongest Whistleblower Protection Law In The Nation - Did We Need It, And Can We Really Afford It?, Joshua L. Baker
Labor / Chapter 484: The Strongest Whistleblower Protection Law In The Nation - Did We Need It, And Can We Really Afford It?, Joshua L. Baker
McGeorge Law Review
No abstract provided.