Legislation Commons^™

Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.

Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Does Fraud Pay? An Empirical Analysis Of Attorney's Fees Provisions In Consumer Fraud Statutes, 56 Clev. St. L. Rev. 483 (2008), Debra Pogrund Stark, Jessica M. Choplin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum

Michigan Journal of Race and Law

Section 2 of the Voting Rights Act of 1965 invalidates voting qualifications that deny the right to vote on account of race or color. This Article confronts a split among the federal appellate courts concerning whether felons may rely on Section 2 when challenging felon disenfranchisement laws. The Ninth Circuit Court of Appeals allows felon disenfranchisement challenges under Section 2; however, the Second and Eleventh Circuits foresee unconstitutional consequences and thus do not. After discussing the background of voting rights jurisprudence, history of felon disenfranchisement laws, and evolution of Section 2, this Article identifies the points of contention among the …

Asbestos Achievements, Anita Bernstein

Faculty Scholarship

No abstract provided.

Just Semantics: The Lost Readings Of The Americans With Disabilities Act, Jill Anderson

Faculty Articles and Papers

Disability rights advocates and commentators agree that the Americans with Disabilities Act (ADA) has veered far off course from the Act's mandate of protecting people with actual or perceived disabilities from discrimination. They likewise agree that the fault lies in the language of the statute itself and in the courts' so-called literalist reading of its definition of disability. As a result, many disability rights advocates have pinned their hopes for doctrinal reform on the proposed ADA Restoration Act, now in congressional committee. Although the Act would likely be a boon to plaintiffs, its chances of passage are uncertain. This Article …

Does Congress Find Facts Or Construct Them - The Ascendance Of Politics Over Reliability, Perfected In Gonzales V. Carhart, Elizabeth De Coux

Cleveland State Law Review

The disparity between the rules of courts and the rules of Congress gives rise to this question: is the rigor-or lack of it-with which Congress evaluates the reliability of evidence an appropriate factor for courts to consider in deciding whether to defer to a congressional finding? In this Article, I consider whether Congress should adopt rules to fill the void. In Part I, I give a brief summary of the development and use of Congressional Committees. In Part II, I analyze several modern-day congressional hearings in an effort to examine the degree to which Congress and its committees require that …

Policies To Expand Minority Entrepreneurship: Closing Comments, Michael S. Barr

Book Chapters

This essay is based on comments delivered at the Conference on on Entrepreneurship in Low- and Moderate-Income Communities, November 3-4, 2005. This has been a productive conversation. In my closing comments, I want to shift our focus somewhat, from entrepreneurship in low-income communities to minority entrepreneurship generally. I want to do so because many minority entrepreneurs are connected to or hire from low-income communities, and because minority entrepreneurs face critical barriers even when they attempt to create and grow firms outside of distressed communities. In this comment, I want to highlight key barriers and suggest five steps for Congress, the …

Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod

Faculty Publications

One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.

The author gives a brief history of …

Why John Mccain Was A Citizen At Birth, Stephen E. Sachs

Faculty Scholarship

No abstract provided.

Who's Minding The Shop? The Role Of Canadian Research Ethics Boards In The Creation And Uses Of Registries And Biobanks, Elaine Gibson, Kevin Brazil, Michael Coughlin, Claudia Emerson, François Fournier, Lisa Schwartz, Karen Szala-Meneok, Karen Weisbaum, Donald Willison

Articles, Book Chapters, & Popular Press

Background: The amount of research utilizing health information has increased dramatically over the last ten years. Many institutions have extensive biobank holdings collected over a number of years for clinical and teaching purposes, but are uncertain as to the proper circumstances in which to permit research uses of these samples. Research Ethics Boards (REBs) in Canada and elsewhere in the world are grappling with these issues, but lack clear guidance regarding their role in the creation of and access to registries and biobanks.

Methods: Chairs of 34 REBS and/or REB Administrators affiliated with Faculties of Medicine in Canadian universities were …

Asking For Money Back - Chilling Commercialization Or Recouping Public Trust In The Context Of Stem Cell Research?, Matthew Herder

Articles, Book Chapters, & Popular Press

As publicly funded institutions have increasingly embraced the goal of commercializing scientific research, concerns about private appropriation have become familiar refrain. One commonly suggested remedy is to create some kind of 'recoupment' provision whereby the State, on behalf of the public, receives a certain percentage of profits realized. The Bayh-Dole Act originally included a recoupment provision but it was deleted by a legislative committee. Countries around the globe attempting to emulate Bayh-Dole have, whether by design or default, reinforced the underlying logic against recoupment, which is essentially as follows: obligations to provide direct financial returns undermine the commercialization process and …

Stoneridge Investment Partners V. Scientific-Atlanta: The Political Economy Of Securities Class Action Reform, Adam C. Pritchard

Articles

I begin in Part II by explaining the wrong turn that the Court took in Basic. The Basic Court misunderstood the function of the reliance element and its relation to the question of damages. As a result, the securities class action regime established in Basic threatens draconian sanctions with limited deterrent benefit. Part III then summarizes the cases leading up to Stoneridge and analyzes the Court's reasoning in that case. In Stoneridge, like the decisions interpreting the reliance requirement of Rule 10b-5 that came before it, the Court emphasized policy implications. Sometimes policy implications are invoked to broaden the reach …

Pick A Card, Any Card, Ronald J. Mann

Faculty Scholarship

At the heart of all serious thought about consumer financial products is the difficulty of understanding the mental processes by which consumers evaluate, compare, and use those products. Usury proposals from scholars and policy makers depend on explicit or implicit assumptions about how interest-rate caps will affect the mix of products available in the marketplace and the choices that consumers make among them. Legislators and lobbyists that decry a torrent of consumer bankruptcy filings rely explicitly on the claim that consumers abuse credit products. Proposals to outlaw products like payday loans assume that those who use the products are so …

For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule

Faculty Scholarship

Can voters stop state governments from spending at high rates through the enactment of tax and expenditure limits (TELs), or do these laws become dead letters? We draw upon the principal-agent literature to theorize that TELs – one of the most frequent uses of the initiative process across the country – may be circumvented by the sorts of elected officials who would inspire their passage.

In order to investigate our claim, we conduct an event study. First, we test for the effectiveness of TELs across states using a differences-in-differences model. Second, we dissect our treatment variable using different legal provisions …

Administrative Law Agonistes, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer

UIC Law Review

No abstract provided.

The Morality Of Prophylactic Legislation (With Special Reference To Speed Limits, Assisted Suicide, Torture, And Detention Without Trial), Michael C. Dorf

Cornell Law Faculty Publications

My subject is the morality of prophylactic legislation. What do I mean by ‘prophylactic’ legislation? Let me illustrate the concept by drawing a contrast with the most famous hypothetical case in the scholarly literature of Anglo-American jurisprudence. During the course of their debate over the relation between law and morality, Lon Fuller and H. L. A. Hart disagreed about what tools are needed to discern the meaning and scope of a rule barring vehicles from a public park. Hart and Fuller clashed over whether legislative purpose and considerations of morality enter into the process of discerning what Hart famously called …

A Response: Why William Nelson’S Analysis Of The Law Department 1946–1965 Is Wrong, Paul A. Crotty

NYLS Law Review

No abstract provided.

2007-2008 Legislative Review, Blair Mcrory

Animal Law Review

No abstract provided.

Time To Start Over On Deferred Compensation, Michael Doran

Georgetown Law Faculty Publications and Other Works

Writing good regulations--"good" in the sense of promoting the public interest--always presents challenges. Regulators must hit a small but important target where private conduct is brought within appropriate government control, but unnecessary compliance burdens and other deadweight costs are minimized. Even if they see the government's objectives clearly, regulators often have only a limited understanding of the underlying private activities. Moreover, regulators may be unaware of how their rules disrupt or distort those activities in socially harmful ways.

Regulators occasionally hit the target exactly. More often, they miss--though not by an intolerably wide margin (good enough for government work, as …

The Cra: A Welcome Anomaly In The Foreclosure Crisis, Warren W. Traiger

NYLS Law Review

No abstract provided.

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

NYLS Law Review

No abstract provided.

The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin

NYLS Law Review

No abstract provided.

Incest And Sex Offender Registration: Who Is Registration Helping And Who Is It Hurting?, Jocelyn Ho

Cardozo Journal of Equal Rights & Social Justice

The note argues that sex offender registration and notification laws, such as Megan's Law, disproportionately harm victims and offenders in cases of incest. It contends that incest is distinct from other sex crimes due to its familial nature and low recidivism rates, making its inclusion in public registries unnecessary and counterproductive. The psychological and social consequences of registration extend to victims, violating their privacy and perpetuating stigma. The note advocates for a shift in policy focus toward prevention, victim empowerment, and rehabilitation rather than punitive measures.

Marybeth Peters Is Almost Right: An Alternative To Her Proposals To Reform The Compulsory License Scheme For Music, William Henslee

Journal Publications

Since Napster made mass digital downloads and online piracy available and accessible in June of 1999, the music industry has been under attack. Traditionally, record companies have received their revenue from phonorecord sales and use of the music in film, television, and advertisements. Performers have received their income from record companies based on a percentage of the sales income after the company has recouped its investment in the artist.

With the current technology and digital marketing available, all of the players in the music business believe that the revenue distribution models need to change but, to date, have been reluctant …

Introduction, Richard Marsico

NYLS Law Review

No abstract provided.

The Community Reinvestment Act At 30: Looking Back And Looking To The Future, John Taylor, Josh Silver

NYLS Law Review

No abstract provided.

Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires

NYLS Law Review

No abstract provided.

An Analysis Of The Implementation And Impact Of The 2004–2005 Amendments To The Community Reinvestment Act Regulations: Th E Continuing Importance Of The Cra Examination Process, Josh Silver, Richard Marsico

NYLS Law Review

No abstract provided.