Legislation Commons^™

Case For Overseas Article Iii Courts: The Blackwater Effect And Criminal Accountability In The Age Of Privatization, The, Alan F. Williams

University of Michigan Journal of Law Reform

A series of high-profile cases involving the alleged murders of Iraqi civilians by U.S. contractors operating overseas has highlighted the longstanding problem of how best to address crimes committed overseas by civilian employees, dependents, or contractors of the U.S. government. Among the most notorious of these incidents is the alleged killing of seventeen Iraqi civilians in Nisour Square in Baghdad on September 16, 2007 by employees of Blackwater Worldwide, a private corporation specializing in military operations that has subsequently renamed itself "Xe."2News reports of this incident prompted embarrassment and outrage as many Americans learned that U.S. civilian contractors like the …

Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn

University of Michigan Journal of Law Reform

Despite significant efforts to uncover and prevent wrongful convictions, little attention has been paid to the compensation of wrongfully convicted individuals once they are released from prison. State compensation statutes offer the best path to redress because they do not require the claimant to prove that the state was at fault for the wrongful conviction and because they are not susceptible to the same political influences as other methods of compensation. However, even under compensation statutes, too many meritorious claims are dismissed, settled for far too little, or never brought in the first place. After examining the current statutory framework, …

Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen

University of Michigan Journal of Law Reform

Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …

I Fought The Law And The Law Lost: The Case For Congressional Oversight Over Systemic Department Of Justice Discovery Abuse In Criminal Cases, Christopher R. Smith

Cardozo Public Law, Policy & Ethics Journal

The article argues that congressional oversight of DOJ discovery abuse is necessary to address systemic issues in prosecutorial misconduct and ensure justice. It contends that such oversight aligns with legislative goals, checks executive overreach, and avoids conflicts of interest inherent in other oversight mechanisms. While acknowledging potential separation of powers concerns and executive privilege claims, the analysis emphasizes that these should not preclude Congress from fulfilling its constitutional role in monitoring DOJ practices.

F10rs Sgb No. 8 (Budget), Terracciano

Student Senate Enrolled Legislation

A Bill

to budget the funds of the Student Government of Louisiana State University and Agricultural and Mechanical College for the fiscal year 2010-2011; to appropriate funds for activities, projects, and programs of the Student Government; and to appropriate grants to certain student groups and organizations according to the Constitution and Bylaws of the Student Government.

F10rs Sgfb No. 3 (Service Learning), Jones

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum OF SIXTEEN thousand dollars ($16,000) from the Senate surplus account to fund the establishment of eight (8) new service-learning courses.

F10rs Sgb No. 10 (Election Code 3), Caffarel, Bonvillain

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Election Code.

F10rs Sgfb No. 1 (Barthel), Hansen, Widenski, Phelan, Apodaca, Hebert, Xuan Luo

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate two hundred and fifty dollars ($250.00) from the senate contingency account to Robyn Barthel for attendance to the 2010 National College Learning Center Associations Conference in Charlotte, NC on September 30^th

F10rs Sgb No. 9 (Election Code 2), Caffarel, Bonvillain

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Election Code.

Sgfb No. 2 (Phelan And Hebert), Hansen, Hebert, Apodoca, Trout

Student Senate Enrolled Legislation

A BILL

To allocate one thousand twenty-nine dollars ($1,029.00) from the senate contingency account to Ben Phelan and Neal Hebert for attendance to the American Society of Theatre Researchers conference in Seattle, WA on November 18^th-21^ST.

F10rs Sgr No. 1 (Community Colleges), Jones, Jones, Lemoine, Arcana, Wells

Student Senate Enrolled Legislation

A RESOLUTION

To support the community colleges of louisiana

F10rs Sgr No. 3 (Nutritional Statistics), Sullivan, Caffarel

Student Senate Enrolled Legislation

A RESOLUTION

to urge and request that nutritional information regarding food served at the 5 and 459 Commons be made available to the campus community.

F10rs Sgr No. 2 (Drop Date), Jones, Westbrook

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the Louisiana State University Faculty Senate to endorse the proposed Withdrawal Date Policy revisions

F10rs Sgr No. 4 (Regalia), Jones, Westbrook, Baudoin, Alexander

Student Senate Enrolled Legislation

A RESOLUTION

TO URGE AND REQUEST ACADEMIC AFFAIRS AND FACULTY SENATE TO RECOGNIZE AND ALLOW ALL CAMPUS LIFE APPROVED STUDENT

ORGANIZATIONS AND UNIVERSITY DEPARTMENTAL HONORS TO WEAR ALL DESIGNATED COMMENCEMENT REGALIA.

F10rs Sgr No. 6 (Parking Meters), Jefcoat, Ardoin

Student Senate Enrolled Legislation

A RESOLUTION

to urge and request that all metered parking spaces on campus are in service between the hours of 7:00am and 4:30pm on weekdays.

F10rs Sgr No. 5 (Athletic Dept), Lemoine, Simon, Abshire, Derenbecker, Clark, Chiang, Zeringue, Kelly, Lane, Harding

Student Senate Enrolled Legislation

A RESOLUTION

To acknowledge and thank the Athletic Department at Louisiana State University for its contribution to the University.

F10rs Sgr No. 7 (Dead Week), Sullivan, Caffarel

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request Academic Affairs to adjust its policy regarding the Concentrated Study Period.

Enforcing International Corrupt Practices Law, Paul D. Carrington

Michigan Journal of International Law

This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.

Facial Challenges And Separation Of Powers, Luke Meier

Indiana Law Journal

No abstract provided.

Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh

Faculty Publications

Infertile men and women have been using assisted reproductive technologies (ART) to conceive children since the first "test-tube baby" was born in 1978. During the past decade, however, the federal government has begun to clamp down on ART, asserting safety concerns as grounds forbanning novel technologies such as cloning, nuclear transfer, and ooplasm transfer.

Some scholars and policymakers now want to extend governmental regulation to include conventional ART such as in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI). They claim children conceived through ART face an increased risk of birth defects and other health problems.

This Article examines the …

Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier

Law Student Publications

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.

Protecting Nominative Fair Use, Parody, And Other Speech-Interests By Reforming The Inconsistent Exemptions From Trademark Liability, Samuel M. Duncan

University of Michigan Journal of Law Reform

Federal trademark law exempts certain communicative uses of a trademark from liability so that the public can freely use a trademark to comment on the markowner or to describe its products. These exemptions for "speech-interests" are badly flawed because their scope is inconsistent between infringement and dilution law, and because the cost and difficulty of claiming their protection varies significantly from court to court. Many speech-interests remain vulnerable to the chilling threat of litigation even though they are "protected" by current law. This Note proposes a simple statutory reform that will remedy this inconsistency by creating an express safe harbor …

Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger

Faculty Scholarship

No abstract provided.

Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam

Research Collection Yong Pung How School Of Law

The article presents information on the presidential legislation of the parliamentary democracies, India and Pakistan. It discusses the role of the President acting as the Council of Ministers for the enactment of legislations as ordinances without the consent of the Parliament. Information on the legal interpretation of the ordinances and its interaction with the principles of the parliamentary system of the government is also presented.

Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.

Barack Obama And Congress: How The Rules Of The Caucus Hinder The President’S Legislative Agenda, Jordan Acker

Legislation and Policy Brief

In order to fix the Democratic caucus, strong leadership, combined with effective rules, are needed. First, the overall leadership needs to be restructured according to the ideology of the caucus. While strong leadership may come from the center or the left, it is important that leadership tend toward the center of the caucus, not the national political center. A moderate member of the caucus who is under no threat of removal, such as Senator Schumer, Senator Stabenow, or Senator Durbin, would make effective leaders. Part of the problem with the current leadership is, at times, it has failed to “pull …

Government Transparency And The Obama Era, Ross Schulman

Legislation and Policy Brief

Government transparency has been a focus of President Barack Obama’s campaign and administration, but effort has been expended on programs that have emphasized policy and legislative transparency over ethical and data transparency. This emphasis is misplaced. During the 2008 Presidential Election, the Obama campaign tapped into a large reserve of predominantly younger people who demanded a connection with the candidates before them. A large part of that connection was focused on the transparency that came from this highly networked campaign. President Obama’s campaign in particular embodied that approach, both through its promises and its actions. Now that the Obama administration …

The Scarlet "L": Lobbying Reform And The First Amendment, Mona Sheth

Legislation and Policy Brief

While the enactment of the Honest Leadership and Open Government Act of 2007 (HLOGA) in Congress shifted the lobbying industry towards heightened transparency and stronger ethics, future reforms of the executive branch threatened the constitutional rights of lobbyists. As the following pages summarize, the collective forces of the 2008 presidential campaign, executive ethics order, and stimulus restrictions also endangered the success of the congressional response. An examination of the Obama Administration’s executive directives and an exploration of the constitutional issues implicated in the ARRA guidance on stimulus funds reveal that disclosure and enforcement are more effective (and constitutional) methods to …

Why The Honest Leadership And Open Government Act Of 2007 Falls Short, And How It Could Be Improved, Rand Robins

Legislation and Policy Brief

This paper will examine the track record of federal and state lobbying and campaign finance laws, as well as related First Amendment litigation, and propose alternative regulatory regimes accounting for the concerns raised when lobbying and campaign finance intersect. The scope of this paper will be limited in large measure by focusing on the HLOGA registration and disclosure provisions, and addressing campaign finance law tangentially where appropriate. Intended to bring greater transparency to the inner-workings of government, some of these provisions actually facilitate the potential of a small number of lobbyists to distort the political process.

Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell

Legislation and Policy Brief

To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.