Legislation Commons^™

S14rs Sgr No. 50 (Preferred Name), Lancon, Zerkus

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request LSU Information Technology Services and the Office of the University Registrar to provide a preferred name option on Moodle rosters and profiles.

S14rs Sgr No. 51 (Gary Graham Commendation), Taylor

Student Senate Enrolled Legislation

A RESOLUTION

To Thank Director Gary S. Graham for his service

to Louisiana State University

S14rs Sgr No. 54 (Collegiate Housing And Infrastructure Act), Deblieux

Student Senate Enrolled Legislation

A RESOLUTION

To Support the Collegiate Housing and Infrastructure Act

S14rs Sgr No. 55 (Restriping On Campus Roads), Reeves

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request that the Office of Parking and Transportation at Louisiana State University make it a priority to restripe roads going through campus.

S14rs Sgr No. 53 (Gender Neutral Housing), Bryce Bourgeios, Hilton

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the Department of Residential Life to investigate the implementation of Gender-Neutral Housing Options for On-Campus Residents.

S14rs Sgr No. 43 (Mcallister), Schwartzenburg, Alex Grashoff

Student Senate Enrolled Legislation

A RESOLUTION

To commend Congressman Vance McAllister for his commitment to Louisiana's higher education community and the students of LSU

Calling On U.S. Courts To Adopt Canada's Unified Approach To Statutory Interpretation, Amir Pichhadze

The Journal of Appellate Practice and Process

No abstract provided.

Doctoring Discrimination In The Same-Sex Marriage Debates, Elizabeth Sepper

Indiana Law Journal

As the legalization of same-sex marriage spreads across the states, some religious believers refuse to serve same-sex married couples. In the academy, a group of law and religion scholars frames these refusals as “conscientious objection” to the act of marriage. They propose “marriage conscience protection” that would allow public employees and private individuals or businesses to refuse to “facilitate” same-sex marriages. They rely on the theoretical premise that commercial actors’ objections to marriage are equivalent to doctors’ objections to controversial medical procedures. They model their proposal on medical conscience legislation, which allows doctors to refuse to perform abortions. Such legislation, …

An Overview Of The Fannie And Freddie Conservatorship Litigation, David Reiss

Cornell Law Faculty Publications

The fate of Fannie Mae and Freddie Mac are subject to the vagaries of politics, regulation, public opinion, the economy, and not least of all the numerous cases that have been filed in 2013 against various government entities arising from the placement of the two companies into conservatorship. This short article will provide an overview of the last of these. The litigation surrounding Fannie and Freddie’s conservatorship raises all sorts of issues about the federal government’s involvement in housing finance. These issues are worth setting forth as the proper role of these two companies in the housing finance system is …

Unbinding Working Women In A "Binders-Full-Of-Women" Nation: How The United States Can Learn From Swedish, Norwegian And Icelandic Successes In Gender Pay Gap Legislation, Lily Hall

Cardozo Journal of International and Comparative Law

The note argues that the United States can significantly reduce its gender pay gap (GPG) by adopting policies inspired by Nordic countries, such as Sweden, Norway, and Iceland. These nations have achieved remarkable progress in gender equality through measures like generous parental leave, robust childcare systems, and boardroom quotas. The U.S., in contrast, faces persistent challenges due to limited legal protections and cultural resistance. The note advocates for legislative reforms, enhanced enforcement mechanisms, and cultural shifts to address these disparities.

The Filibuster And The Framing: Why The Cloture Rule Is Unconstitutional And What To Do About It, Dan T. Coenen

Scholarly Works

The U.S. Senate’s handling of filibusters has changed dramatically in recent decades. As a result, the current sixty-vote requirement for invoking cloture of debate does not produce protracted speechmaking on the Senate floor, as did predecessors of this rule in earlier periods of our history. Rather, the upper chamber now functions under a “stealth filibuster” system that in practical effect requires action by a supermajority to pass proposed bills. This Article demonstrates why this system offends a constitutional mandate of legislative majoritarianism in light of well-established Framing-era understandings and governing substance-over-form principles of interpretation. Having established the presence of a …

Gideon Is My Co-Pilot: The Promise Of Civil Right To Counsel Pilot Programs, Clare Pastore

University of the District of Columbia Law Review

In recent years, access to justice and civil right to counsel advocates have taken a strong interest in pilot programs to test the cost and effectiveness of increasing the availability of counsel to low-income civil litigants. An eighteen-month privately-funded housing counsel pilot in two Boston courts has recently concluded and a new housing pilot is about to begin in three different Massachusetts courts. Pilots are also ongoing or in late stages of development in several other states. The most ambitious pilot program to date is the multi-year, multi-county pilot project underway in California pursuant to the Sargent Shriver Civil Counsel …

Shelby County And The Illusion Of Minimalism, Richard L. Hasen

William & Mary Bill of Rights Journal

No abstract provided.

The Failure Of Originalism In Preserving Constitutional Rights To Civil Jury Trial, Renée Lettow Lerner

William & Mary Bill of Rights Journal

The Federal Bill of Rights and state constitutions rely heavily on procedural protections, especially jury rights. Supporters of these rights at the founding praised the jury in extravagant terms, and many members of the legal profession continue to do so today. Yet civil and criminal jury trials are vanishing in the United States. The disappearance of the civil jury presents a puzzle because the Seventh Amendment and state constitutional rights require that civil jury trial be “preserved” or “remain inviolate.”

Scholarship on the history of constitutional rights to civil jury trial has tended to focus exclusively on the Seventh Amendment, …

Guest Blog On Skills: Professor Jan Levine's Legislative Drafting Course At Duquesne, Jan M. Levine

Law Faculty Publications

For more than two decades, at three law schools, I have been teaching an advanced legal writing course that builds upon the foundation created in the first-year writing courses and introduces students to new drafting skills, focusing on statutes and statutory drafting. The final project in the course requires students to solve a personally-identified legal or quasi-legal problem by drafting a report and a statute, ordinance, regulation, procedural rule, or a similar solution.

The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer

Seattle University Law Review

Since its inception, the Internet has disseminated the most vital commodity known to man—information. But not all information is societally desirable. In fact, much of what the Internet serves to disseminate is demonstrably criminal. Nevertheless, in the effort to unbind the “vibrant and competitive free market” of ideas on the Internet, Congress enacted section 230 of the Communications Decency Act, which essentially grants immunity to interactive computer service providers from liability for information provided by a third party. This Comment suggests that, in certain contexts, courts applying section 230 immunity should reexamine the preemptive effect Congress intended section 230 to …

An Overview Of The Fannie And Freddie Conservatorship Litigation, David J. Reiss

Faculty Scholarship

No abstract provided.

Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg

Washington and Lee Law Review

No abstract provided.

The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …

Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler

University of Richmond Law Review

No abstract provided.

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.

Women, Unions, And Negotiation, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.

Enacted Legislative Findings And The Deference Problem, Daniel A. Crane

Articles

The constitutionality of federal legislation sometimes turns on the presence and sufficiency of congressional findings of predicate facts, such as the effects of conduct on interstate commerce, state discrimination justifying the abrogation of sovereign immunity, or market failures justifying intrusions on free speech. Sometimes a congressional committee makes these findings in legislative history. Other times, Congress recites its findings in a statutory preamble, thus enacting its findings as law. Surprisingly, the Supreme Court has not distinguished between enacted and unenacted findings in deciding how much deference to accord congressional findings. This is striking because the difference between enactedness and unenactedness …

Tyranny By Proxy: State Action And The Private Use Of Deadly Force, John L. Watts

Notre Dame Law Review

The Article begins in Part I with a discussion of the Supreme Court’s opinion and holding in Tennessee v. Garner. It then describes the continuing application of the fleeing felon rule to private actors despite the Court’s holding in Garner.

Part II describes the state action doctrine, examines its history, and clarifies its purpose. It explains why the Court’s early focus on enhancing individual autonomy and federalism as the purpose of the state action doctrine was only partially correct. In fact, the doctrine enhances many of the familiar constitutional strategies for the prevention of tyranny including: separation of powers, democratic …

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Notre Dame Law Review

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This Article proposes …

The Politics Of Statutory Interpretation, Margaret H. Lemos

Notre Dame Law Review

In a new book, Reading Law: The Interpretation of Legal Texts, Justice Antonin Scalia and Bryan Garner describe and defend the textualist methodology for which Justice Scalia is famous. For Scalia and Garner, the normative appeal of textualism lies in its objectivity: by focusing on text, context, and canons of construction, textualism offers protection against ideological judging—a way to separate law from politics. Yet, as Scalia and Garner well know, textualism is widely regarded as a politically conservative methodology. The charge of conservative bias is more common than it is concrete, but it reflects the notion that textualism narrows the …

Why Should We Care About An Agency’S Special Insight?, Stephen M. Degenaro

Notre Dame Law Review

This Note offers some additional thoughts on the outer limits of Seminole Rock deference. Part I discusses the three concerns associated with unchecked Seminole Rock deference that comprise the self-delegation problem—violation of constitutional norms, exploitation of a statutory loophole, and perverse incentives. It explores the potential for abuse they create and recommends what the limitations should look like in order to avoid this potential. Part II explains the two rationales for Seminole Rock deference: the pragmatic and originalist rationales. It describes how the two rationales relate to each other, explains how courts use pragmatic and originalist arguments in their opinions, …

Banking And The Social Contract, Mehrsa Baradaran

Notre Dame Law Review

This Article asserts that there are three major tenets of the social contract: (1) safety and soundness, (2) consumer protection, and (3) access to credit. Regulators can and should require banks to meet standards in these areas to benefit society even if these measures reasonably reduce bank profits. Implicit in the social contract is the idea that each party must give up something in the exchange. This Article provides policymakers not only the appropriate narrative and justifications needed to frame their regulatory philosophy, but it also provides important textual support from the most prominent acts of banking legislation to give …

Youth In The Adult Criminal Justice System, Liz Ryan

Cardozo Law Review

No abstract provided.

Streamlining Procedures For Judicial Review: Legislative Amendments To The Singapore Rules Of Court To Enhance Access To Justice, Denise Huiwen Wong

Research Collection Yong Pung How School Of Law

Judicial review cannot serve as an effective check on administrative action unless aggrieved applicants have a real way to access the courts to obtain relief. In an admirable, albeit belated move, significant amendments were made to the Singapore Rules of Court to remove the procedural strictures inherited from the pre-1977 UK system. The amendments allow an applicant to seek a declaration in addition to the traditional prerogative orders and recover damages within the same proceedings if the applicant can prove that he/she would have had a valid claim in a private law action. This article examines the mischief that the …