Legislation Commons^™

F12rs Sgfb No. 1 (Computers), Beadle

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of five thousand one hundred twenty three dollars and eighty-five cents ($5,123.85) from the Student Government Surplus Account to fund computers and software for Student Government Branch Offices.

F12rs Sgfb No. 2 (Library Furniture), Frias

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of five thousand eight hundred eighty seven dollars and twenty-five cents ($5,887.25) from the Student Government Surplus Account to fund the purchase of tables and chairs for Middleton Library.

F12rs Sgfb No. 5 (Snow), Griffin

Student Senate Enrolled Legislation

A FINANCE BILL

To Allocate a Maximum of Four Thousand Two Hundred Dollars ($4,200) from the Student Government Senate Contingency Account to the Residence Hall Association to Fund the Snowing in the South Program

F12rs Sgfb No. 4 (Gbod), Beadle, Grashoff

Student Senate Enrolled Legislation

A Finance Bill

To allocate a maximum of four thousand dollars ($4000.00) from the Student government Contingency account to fund the Greek board of Directors (GBOD) EMPOWER Leadership Program

F12rs Sgr No. 1 (Tsgfrc), Westbrook

Student Senate Enrolled Legislation

A RESOLUTION

To create the Temporary Student Government Financial Restructure Committee

F12rs Sgr No. 3 (Athletics), Fias, Neal, Geymann, Hasty, Ardoin, Thompson, Mcmillan, Et Al

Student Senate Enrolled Legislation

A RESOLUTION

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

F12rs Sgr No. 6 (Bomb Threat), Mcmillan, Ardoin

Student Senate Enrolled Legislation

A RESOLUTION

To thank the LSU Police Department, the LSU Emergency Operations Center, the Baton Rouge City Police Department, East baton Rouge Sheriff’s Office, East Baton Rouge District Attorney’s Office, the FBI, ATF, the Department of Homeland Security, Dr. William Jenkins, Herb Vincent, LSU Parking, University Relations and all other individuals and agencies which aided in the emergency evacuation, response and the investigation following the bomb threat at Louisiana State University on Monday, September 17, 2012

F12rs Sgr No. 4 (Hurricane Isaac), Beard

Student Senate Enrolled Legislation

A RESOLUTION

To thank the LSU students, faculty, and staff who volunteered prior to, during, and in the aftermath of Hurricane Issac, and to offer our condolences for all those who experienced a loss of life or property due to Hurricane Issac

F12rs Sgr No. 9 (Plus-Minus), Schwartzenburg

Student Senate Enrolled Legislation

A RESOLUTION

To reaffirm LSU Student Government’s position of opposition toward the proposed Plus/Minus Grading System and to advocate for student representation in discussions on this topic.

F12rs Sgr No. 10 (Best Buddies), Schroeder

Student Senate Enrolled Legislation

A RESOLUTION

To honor and recognize the members of the best buddies LSU chapter on their leadership and hospitable volunteer work

F12rs Sgr No. 13 (Stop Light), Arceneaux

Student Senate Enrolled Legislation

A RESOLUTION

To thank the city of Baton Rouge and the State of Louisiana for installing red lights at the intersection of West Parker and Burbank.

F12rs Sgr No. 14 (Recycling), Cavell, Schwartzenburg, Swinburn

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request LSU recycling to Create more descriptive signage on the campus receptacles dedicated to recyclable materials that would properly display what can and cannot be recycled.

Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru

Michigan Law Review

Adoption of Wi-Fi wireless technology continues to see explosive growth. However many users still operate their home Wi-Fi networks in unsecured mode or use publicly available unsecured Wi-Fi networks, thus exposing their communications to the dangers of "packet sniffing," a technique used for eavesdropping on a network. Some have argued that communications over unsecured Wi-Fi networks are "readily accessible to the general public" and that such communications are therefore excluded from the broad protections of the Federal Wiretap Act against intentional interception of electronic communications. This Note examines the Federal Wiretap Act and argues that the current Act's treatment of …

Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski

All Faculty Scholarship

To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains the …

A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West

The Journal of Business, Entrepreneurship & the Law

Introduced in Congress in August 2010, the Innovative Design Protection and Piracy Prevention Act (IDPPPA) would amend 17 U.S.C. § 1301 to extend copyright protection to unique, distinguishable, non-trivial, and non-utilitarian fashion designs. The fashion industry in the United States is currently a $200 billion industry which is afforded limited intellectual property protection compared to foreign markets. This article explores the applicability of the existing Copyright Act to fashion designs and argues that the IDPPPA takes a narrow approach to eliminate ambiguity present in former bills attempting to amend copyright law. The IDPPPA would incentivize innovation, the ultimate goal of …

Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black

The Journal of Business, Entrepreneurship & the Law

In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as well as examine previous attempts by other states to regulate the distribution of violent video games to minors. Most importantly, this note will explore the …

“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt

Pepperdine Law Review

In 2009, the promise of a comprehensive federal cap and trade bill to address climate change fell apart. At least in part, this was due to the fears that exotic 'carbon' financial instruments might cause more financial crises. As California launches it economy wide carbon trading system, and other regional systems and the even possibly the EPA consider cap and trade, it is important to revisit what, if anything, about carbon denominated financial instruments might lead to financial market problems. The most problematic of the instruments, offsets, can be designed to lessen financial risk from underlying asset failure.

No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

When Scientific Palmers Make Policy: The Impact And Future Of Cap-And-Trade In The United States, Sophia Hamilton

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran

Law Faculty Scholarship

Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional …

Judicial Limitation Of The Epa's Oversight Authority In Clean Water Act Permitting Of Mountaintop Mining Valley Fills , Christopher D. Eaton

Michigan Journal of Environmental & Administrative Law

Mountaintop removal mining operations in the Appalachian region have expanded significantly in recent decades. The practice decimates the mountain ecosystems by leveling forests, filling headwater streams, and producing significant runoff of heavy metals, sediment, and other pollutants that impair the aquatic environment of entire watersheds. Yet environmental permitting of the practice is relatively limited. A recent trend in litigation aimed at halting mining operations has involved challenging permits that authorize the discharge of mining overburden into headwater streams pursuant to the Clean Water Act (CWA). The Army Corps of Engineers has assumed jurisdiction over such discharges under section 404 of …

Going Nowhere Fast (Or Furious): The Nonexistent U.S. Firearms Trafficking Statute And The Rise Of Mexican Drug Cartel Violence, Stewart M. Young

University of Michigan Journal of Law Reform

Drug trafficking violence in Mexico, now reaching epidemic proportions, greatly impacts both the Mexican and United States governments. Despite the escalation of the "War on Drugs, " drug trafficking from Mexico to the United States continues largely unabated, stifling tourism revenue and lawful economic opportunities, and causing violence previously unknown in Mexico. Thus far, the United States' efforts to deal with this drug trafficking and violence include the recent debacle of Operation Fast and Furious. News regarding this Bureau of Alcohol, Tobacco, Firearms and Explosives'(ATF) operation shocked citizens and lawmakers alike, as Fast and Furious allowed firearms to "walk" down …

Sales Between A Partnership And Non-Partners, Douglas A. Kahn

Articles

The code denies a deduction for a loss recognized on a sale or exchange between certain related parties. Two of the principal code sections that deny a deduction in that circumstance are sections 267(a)(1) and 707(b)(1)(A). Two regulatory provisions promulgated under section 267 apply the denial of a loss deduction rule to partnerships — reg. section 1.267(b)-1(b) and temp. reg. section 1.267(a)-2T(c), Question 2. I conclude that to the extent reg. section 1.267(b)-1(b) applies to section 267(a)(1), it is invalid and has been invalid since 1986. Also, two of the questions and answers in the temporary regulation are invalid.

The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti

Legislation and Policy Brief

The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …

The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan

Legislation and Policy Brief

Human cloning, the caning of teen vandals, and the belief that aliens descend from space to abduct humans and livestock all hold something in common: they are more popular than Congress. With the 112th Congress bottoming out at a record-low 9% approval rating, it is clear that Americans are deeply unsatisfied with the gridlock gripping Washington. While it is popular, and even easy, to lambaste Republicans for blanket obstructionism and to condemn Democrats for failure to stand up to minority bullying, collective blame shifting will not breach the dam of a hyper-partisan Congress. Instead, individuals hoping to get Congress moving …

Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist

Legislation and Policy Brief

The common policy of treating sexually exploited minors as criminals represents a fundamental failing of the justice system. Prostituted minors should not be treated as delinquents requiring discipline but rather as severely traumatized and abused victims requiring specialized services and counseling. Yet, in most states, prostituted minors are re-traumatized through arrest, prosecution, and detention instead of receiving specialized services. Besides being unjust, this policy is counter-productive. Arresting, prosecuting, and detaining minors hinders law enforcement efforts to go after the real criminals – the pimps and the johns, and misses an important opportunity to rescue minors from a system of commercial …

Laughing Out Loud: Art, Culture, And Fantasy, Henrietta L. Moore

Cardozo Law Review

What makes art valuable? Why in times of crisis do people buy contemporary art? This Paper discusses whether or not investment in art can ever be seen as rational, and explores how the contemporary art market is expanding to include not just works of art, but art as a form of cultural practice. Audiences are no longer content simply to visit museums, galleries, and other cultural institutions. They want to participate, but why are art fairs, biennials, and museum events so popular? The contemporary art market has always been segmented, and reputation and display have been important motivators for rich …

Contribution Of A Built-In Loss To A Partnership, Douglas A. Kahn

Articles

Before 2004, it was possible to use the partnership tax provisions of the code to shift the benefit ofa loss deduction for a decline in property valuefrom the person who incurred it to another person.One method of accomplishing that goal involvedthe contribution of depreciated property to a partnership.

Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson

Georgetown Law Faculty Publications and Other Works

States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even within states there may be geographic diversity or different selection systems for different levels of courts. Elections can be partisan or non-partisan, contested, or, as in merit-selection states, retention. Some states have dabbled in public financing of judicial elections. Reformers are most critical of contested partisan elections. Those are the elections where the most money is spent, the nastiest ads aired, and the dignity of …

Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady

Pepperdine Law Review

No abstract provided.