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Articles 181 - 210 of 260
Full-Text Articles in Legislation
Legislative Watch, Edward Babayan
Election Fraud And The Initiative Process: A Study Of The 2006 Michigan Civil Rights Initiative, Jocelyn Friedrichs Benson
Election Fraud And The Initiative Process: A Study Of The 2006 Michigan Civil Rights Initiative, Jocelyn Friedrichs Benson
Fordham Urban Law Journal
This Article details and analyzes the allegations of fraud that surrounded the placement of the Michigan Civil Rights Initiative on the 2006 Michigan ballot, with an emphasis on the normative concerns that such a phenomenon engenders. It seeks to place the Michigan events in the broader legal and historical context of election fraud and ballot initiatives, and discusses why the events surround the MCRI signature-gathering process are a serious cause for concern. The Article ultimately enumerates three specific state proposals, as well as a federal proposal, for addressing the use of fraud and misrepresentation in gathering signatures to place initiatives …
Job Security And Income Replacement For Individuals In Quarantine: The Need For Legislation, Mark A. Rothstein, Meghan K. Talbott
Job Security And Income Replacement For Individuals In Quarantine: The Need For Legislation, Mark A. Rothstein, Meghan K. Talbott
Journal of Health Care Law and Policy
No abstract provided.
Legislation As Intervention: A Survey Of Cultural Competence Policy In Health Care, Darci L. Graves, Robert C. Like, Nataly Kelly, Alexa Hohensee
Legislation As Intervention: A Survey Of Cultural Competence Policy In Health Care, Darci L. Graves, Robert C. Like, Nataly Kelly, Alexa Hohensee
Journal of Health Care Law and Policy
No abstract provided.
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
Northwestern Journal of International Law & Business
Many people, not just in the United States, are concerned about the implications of this growth in outsourcing for the future of business. State governments in particular are trying to stop outsourcing and are using the law as a means to do so. However, are these attempts, which are variants of the old "buy American" programs, doomed to be ineffective and ultimately protectionist, without really protecting American business? This paper will examine the developments of offshoring, outsourcing, and insourcing in Part II. Part III examines both state and federal legal efforts to restrict this growth. Part IV examines the WTO …
Now That The Courts Have Beaten Congress To The Punch, Why Is Congress Still Punching The Patent System?, Robert A. Armitage
Now That The Courts Have Beaten Congress To The Punch, Why Is Congress Still Punching The Patent System?, Robert A. Armitage
Michigan Law Review First Impressions
The U.S. House of Representatives began September by passing the Patent Reform Act of 2007. This bill, if enacted, would make major changes to U.S. patent law. Given the universally recognized need for improvements to the U.S. patent system, passing a patent reform bill in the House should have been easy. It was not. The Patent Reform Act of 2007 made it through the House only after a spirited debate. There were a host of complaints by House members that the bill was not ready for floor action. In the end, it passed the House by a relatively narrow margin, …
Fda Approval Of Generic Biologics: Finding A Regulatory Pathway, Kathleen R. Kelleher
Fda Approval Of Generic Biologics: Finding A Regulatory Pathway, Kathleen R. Kelleher
Michigan Telecommunications & Technology Law Review
Biologics are becoming increasingly important for the potential treatment of widespread diseases such as cancer, anemia, and diabetes. As hundreds of biologics are going off-patent, the market has become ripe for the introduction of generic biologics. A regulatory pathway for biogenerics, however, is virtually nonexistent. The purpose of this paper is thus to analyze how a successful legislative pathway for generic biologics might be designed. The current regulatory scheme, economic concerns, health and safety concerns, and the need to provide proper incentives for innovation are analyzed. Finally, recent Congressional bills are outlined and critiqued, through which the structure of a …
Researching Initiatives And Referenda: A Guide For Maine, Christine I. Dulac
Researching Initiatives And Referenda: A Guide For Maine, Christine I. Dulac
Faculty Publications
This article discusses the history of the initiative and referendum process in Maine, including the steps needed to get an initiative or referendum on the State ballot. Part II of this paper discusses the early history of the initiative and referendum processes in Maine. Part III discusses recent use of initiatives in Maine. Part IV discusses the basics of the initiative and referendum processes in Maine, including a discussion of the differences between the People's Veto and a referendum, both used in Maine as mechanisms for the people to vote on whether a particular piece of legislation should take effect. …
Washington's Way: Dispersed Enforcement Of Growth Management Controls And The Crucial Role Of Ngos, Henry W. Mcgee, Jr.
Washington's Way: Dispersed Enforcement Of Growth Management Controls And The Crucial Role Of Ngos, Henry W. Mcgee, Jr.
Seattle University Law Review
Though there is a valuable and extensive collection of literature on prawl efforts in both states, this Article examines Washington's Growth Management Act and the critical role that NGOs play in supporting the GMA. Specifically, this Article looks at Washington's GMA from three perspectives-legal, historical, and empirical and proposes that NGOs are vital to the GMA's enforcement. Because NGOs are so critical to the enforcement of the GMA, the question of how the courts interpret the scope of authority of growth management hearing boards when deciding growth management cases becomes very important. A decrease in the authority of the hearing …
Serving The "Apparently Under The Influence" Patron: The Ramifications Of Barrett V. Lucky Seven Saloon, Inc., Kathryn M. Knudsen
Serving The "Apparently Under The Influence" Patron: The Ramifications Of Barrett V. Lucky Seven Saloon, Inc., Kathryn M. Knudsen
Seattle University Law Review
In Barrett v. Lucky Seven Saloon, Inc., the Washington Supreme Court erroneously expanded commercial vendor liability to third parties who are injured in automobile accidents by a patron who drives while impaired. This decision flies in the face of Washington vendor liability jurisprudence, which has shown a reluctance to hold vendors liable for negligently serving alcohol; prior to Barrett, courts would not do so unless the patron was a minor or was "obviously intoxicated." Nevertheless, Barrett rejected the common law "obviously intoxicated" rule in exchange for a new form of civil liability based on a criminal statute that …
"Original Acts," "Meager Offspring," And Titles In A Bill's Family Tree: A Legislative Drafter's Perspective On City Of Fircrest V. Jensen, Kristen L. Fraser
"Original Acts," "Meager Offspring," And Titles In A Bill's Family Tree: A Legislative Drafter's Perspective On City Of Fircrest V. Jensen, Kristen L. Fraser
Seattle University Law Review
This Article takes a closer look at the "dark and bloody ground" of City of Fircrest v. Jenson from the perspective of a legislative drafter, and discusses several flaws in the Fircrest plurality's approach. First, by focusing on the title of an "original act," the plurality's resurrection of the St. Paul analysis (under which the title of an "act" may be used to determine whether a subsequent "amendatory act" complies with the subject-in-title requirement of Article II, section 19 of the state constitution) conflicts with legislative use and implementation of Article II, section 19. Second, Fircrest and St. Paul thwart …
Why Do Landlords Still Discriminate (And What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007), Robert G. Schwemm
Why Do Landlords Still Discriminate (And What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007), Robert G. Schwemm
UIC Law Review
No abstract provided.
Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore
Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore
UIC Law Review
No abstract provided.
Boxing Out The Big Box Retailers: The Legal And Social Impact Of Big Box Living Wage Legislation, 40 J. Marshall L. Rev. 1339 (2007), Christine Niemczyk
Boxing Out The Big Box Retailers: The Legal And Social Impact Of Big Box Living Wage Legislation, 40 J. Marshall L. Rev. 1339 (2007), Christine Niemczyk
UIC Law Review
No abstract provided.
Charitable Ira Gifts In 2007, Christopher R. Hoyt
Confidentiality Of Educational Records And Child Protective Proceedings, Frank E. Vandervort
Confidentiality Of Educational Records And Child Protective Proceedings, Frank E. Vandervort
Book Chapters
The Federal Family Education Rights and Privacy Act (FERPA), which provides funding for state educational programming, requires that student records be disclosed to a nonparent only with the written consent of the child’s parent, unless the disclosure falls within one of the several exceptions detailed in the statute. One of the exemptions provided for in the federal law permits a school to disclose information to “state or local officials or authorities to whom [that] information is allowed to be reported or disclosed pursuant to state statute,” if that official certifies in writing “that the information will not be disclosed to …
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
NYLS Law Review
No abstract provided.
We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz
We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz
Michigan Journal of Race and Law
According to modern Supreme Court opinions, The Civil Rights Act of 1866 prohibits only "discrimination [against members of protected groups] solely because of their ancestry or ethnic characteristics." The Court refers to this type of discrimination as 'racial animus.' In the 1987 case Shaare Tefila Congregation v. CobbJews were recognized as a protected ethnic group under these statutes, but the Supreme Court also reaffirmed that The Civil Rights Act only prohibits 'ethnic' or 'ancestral' discrimination. The Act does not encompass religious discrimination. Yet, despite the Supreme Court's rulings, the district courts held that both Rabbi LeBlanc-Sternberg's and Mr. Singers' allegations …
The Pocahontas Exception: The Exemption Of American Indian Ancestry From Racial Purity Law, Kevin Noble Maillard
The Pocahontas Exception: The Exemption Of American Indian Ancestry From Racial Purity Law, Kevin Noble Maillard
Michigan Journal of Race and Law
"The Pocahontas Exception" confronts the legal existence and cultural fascination with the eponymous "Indian Grandmother." Laws existed in many states that prohibited marriage between Whites and non- Whites to prevent the "quagmire of mongrelization." Yet, this racial protectionism, as ingrained in law, blatantly exempted Indian blood from the threat to White racial purity. In Virginia, the Racial Integrity Act of 1924 made exceptions for Whites of mixed descent who proudly claimed Native American ancestry from Pocahontas. This Paper questions the juridical exceptions made for Native American ancestry in antimiscegenation statutes, and analyzes the concomitant exemptions in contemporary social practice. With …
Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell
Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell
Faculty Publications
The purpose of this article is to expose felon exclusion laws as a method for undermining the individual and collective citizenship rights of the African-American community, and to call for their abolition.
Criminal Conspiracy Law In Japan, Chris Coulson
Criminal Conspiracy Law In Japan, Chris Coulson
Michigan Journal of International Law
Part II of this Note describes CATOC's group criminality requirement. Part III outlines the provisions of several versions of Japan's conspiracy bill and compares these provisions to common-law conspiracy. Part IV analyzes Japan's conspiracy law by examining both substantive and procedural laws in Japan related to criminal conspiracy, as well as criticism within Japan of the conspiracy bills.
Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe
Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe
Michigan Journal of International Law
This Article challenges the universalist theory of international law upon which federal incorporation of CIL and international human rights litigation rely. It unpacks the international relations (IR) theory paradigms that support the universalist theory, and discusses a competing theory that views state compliance with international law as a function of national self-interest. Working from this perspective, it proposes a framework to evaluate the wisdom of federal incorporation of CIL and the wisdom of international human rights litigation. The framework suggests that federal incorporation of CIL generates sovereignty costs for the United States, and that international human rights litigation complicates the …
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
UIC Law Review
No abstract provided.
Theseus, The Labyrinth, And The Ball Of String: Navigating The Regulatory Maze To Ensure Enforceability Of Tribal Gaming Contracts, 40 J. Marshall L. Rev. 1123 (2007), Heidi Mcneil Staudenmaier, Ruth K. Khalsa
Theseus, The Labyrinth, And The Ball Of String: Navigating The Regulatory Maze To Ensure Enforceability Of Tribal Gaming Contracts, 40 J. Marshall L. Rev. 1123 (2007), Heidi Mcneil Staudenmaier, Ruth K. Khalsa
UIC Law Review
No abstract provided.
Not Like The South? Regional Variation And Political Participation Through The Lens Of Section 2, Ellen D. Katz
Not Like The South? Regional Variation And Political Participation Through The Lens Of Section 2, Ellen D. Katz
Book Chapters
Congress voted last summer to reauthorize the expiring provisions of the Voting Rights Act. Among the reauthorized provisions is the Section 5 preclearance process, which requires "covered" jurisdictions to obtain federal approval before implementing changes to their voting laws. It is widely assumed that the reauthorization of Section 5 will survive constitutional scrutiny only if the record Congress amassed to support the statute documents pervasive unconstitutional conduct in covered jurisdictions for which preclearance offers a remedy. This paper takes issue with that assumption, arguing that precedent requiring such a record for new congressional legislation enforcing civil rights ought not apply …
The Congress As Surge Protector, Neil J. Kinkopf
The Congress As Surge Protector, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
The State Secrets Problem: Can Congress Fix It?, Neil J. Kinkopf
The State Secrets Problem: Can Congress Fix It?, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
Putting Separation Of Powers Into Practice: Reflections On Senator Schumer's Essay, Neil J. Kinkopf, Patricia Wald
Putting Separation Of Powers Into Practice: Reflections On Senator Schumer's Essay, Neil J. Kinkopf, Patricia Wald
Faculty Publications By Year
No abstract provided.
Guiding Patrons To Online Health Information: Can Librarians Be Found Liable?, Elaine Gibson
Guiding Patrons To Online Health Information: Can Librarians Be Found Liable?, Elaine Gibson
Articles, Book Chapters, & Popular Press
The amount of health information available on the Internet is growing rapidly and information intermediaries are increasingly being asked to help information seekers find and make sense of this information. This activity is for the most part benign from a legal perspective. However, there is a small possibility that, should the intermediary steer an information seeker to information that proves harmful to the seeker, the intermediary may be found liable for injuries incurred. In this paper, we examine the theoretical underpinnings of the relevant laws, clarify the risks, and recommend ways to minimize risk.
Congressional Power To Extend Preclearance: A Response To Professor Karlan, Ellen D. Katz
Congressional Power To Extend Preclearance: A Response To Professor Karlan, Ellen D. Katz
Articles
Is the core provision of the Voting Rights Act unconstitutional? Many people now think that the Act's preclearance requirement is invalid, but Professor Karlan is not among them. In part, that is because she is not convinced the problems that originally motivated Congress to impose preclearance have been fully remedied. Professor Karlan points out the many ways section 5 of the Voting Rights Act (VRA) shapes behavior in the jurisdictions subject to the statute--not just by blocking discriminatory electoral changes, but also by influencing less transparent conduct by various political actors operating in these regions. Do not be so sure, …