Legislation Commons^™

Disclosing Deviations: Using Guidelines To Nudge And Empower Physician-Patient Decision Making, Melissa Ballengee Alexander

Faculty Articles

Americans fail to receive recommended care roughly half the time, reflecting poor decision making that threatens their health. This Article offers an innovative solution: require physicians to disclose clinical practice guideline recommendations to patients during informed consent. Behavioral economics suggest that insisting physicians and patients discuss guidelines, before deviating from them, could be surprisingly effective at nudging more rational care choices. At the same time, such disclosure should also educate and empower patients, serving autonomy.

Previous scholarship on unwarranted variances in care has focused primarily on malpractice reforms, largely ignoring the role of cognitive bias and the importance of patients …

S19rs Sgfb No. 11 (Stainless Steel Straws), Georgacopoulos, Mcgovern, Menon, Bryant

Student Senate Enrolled Legislation

To Appropriate a maximum of Four Thousand Five Hundred ($4,500) from the Student Senate Initiatives Account to purchase 2,000 reusable stainless steel straws to promote sustainability on LSU Campus

S19rs Sgfb No. 5 (Sxsw Conference), Cheatwood

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate six thousand five hundred dollars and zero cents $6,500 from the Legislative Contingency account to fund the registration costs of the students attending the 2019 SXSW conference in Austin, Texas March 8-12

S19rs Sgfb No. 6 (National Conference On Contemporary Cast Iron Art And Practices), Quadir, Veneracion

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate one thousand Twenty dollars and zero cents $1,020 from the Legislative Contingency account to fund the registration costs of the students attending The National Conference on Contemporary Cast Iron Art & Practices (NCCCIAP) in Birmingham, Alabama April 3-6, 2019

O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege, Andrew Scott

Dickinson Law Review (2017-Present)

The government may invoke the deliberative process privilege to protect the communications of government officials involving policy-driven decision-making. The privilege protects communications made before policy makers act upon the policy decision to allow government officials to speak candidly when deciding a course of action without fear of their words being used against them.

This privilege is not absolute and courts recognize the legitimate countervailing interest the public has in transparency. The Supreme Court in United States v. Reynolds held that someone with control over the protected information should personally consider the privilege before asserting it but did not provide definitive …

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review (2017-Present)

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …

The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus

Dickinson Law Review (2017-Present)

On October 30, 2017, the General Assembly of Pennsylvania passed an act that repealed the state’s fireworks law, which had prohibited the sale of most fireworks to Pennsylvanian consumers for nearly 80 years. The law’s replacement generally permits Pennsylvanians over 18 years old to purchase, possess, and use “Consumer Fireworks.” Bottle rockets, firecrackers, Roman candles, and aerial shells are now available to amateur celebrants for holidays like Independence Day and New Year’s Eve. The law also regulates a category of larger “Display Fireworks,” sets standards for fireworks vendors, and introduces a 12-percent excise tax on fireworks sales that serves to …

S19rs Sgb No. 3 (Delegate Amendments), Alaysia Johnson

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Bylaws Article XV: Delegation to include Caucuses.

S19rs Sgb No. 5 (Graduate School Apportionment), Jordan Landry, Alaysia Johnson

Student Senate Enrolled Legislation

A BILL

To Amend the Student Government Constitution Regarding the Apportionment of Student Senate Seats to the Graduate School

S19rs Sgb No. 2 (Funding Amendment), Jacob Cheatwood

Student Senate Enrolled Legislation

A Bill

To amend the student government bylaws

S19rs Sgb No. 4 (Student Bill Of Rights And Responsibilities), Catherine Mckinney

Student Senate Enrolled Legislation

A BILL

To Establish the Student Bill of Rights and Responsibilities in tandem with the LSU Faculty Senate

S19rs Sgb No. 6 (Budget), Jack Green

Student Senate Enrolled Legislation

A BILL

to amend the Student Government budget.

S19rs Sgb No. 1 (Rules Of Court), Victoria Pitre

Student Senate Enrolled Legislation

A Bill

To Amend the Rules of Court

S19rs Sgb No. 8 (Election Code Amendment), Catherine Mckinney

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Bylaws

S19rs Eo No. 2 (Special Needs Program), Stewart Lockett

Student Senate Enrolled Legislation

AN EXECUTIVE ORDER

To Establish the “Special Needs Program Temporary Committee”

S19rs Eo No. 1 (Higher Ed Report), Stewart Lockett

Student Senate Enrolled Legislation

An Executive Order

Establishment of “Higher Education Report Card Committee”

S19rs Sgb No. 7 (Surplus Account), Jack Green

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Bylaws

S19rs Sgfb No. 13 (Geaux Vote Inaugural Legislative Breakfast), Mckinney, Legrande, Miguez, Stark, Cox

Student Senate Enrolled Legislation

A FINANCE BILL

To Allocate a Maximum of two thousand three hundred and eighty dollars and eleven cents ($2,380.11) From the Legislative Initiatives Account to fund the Student government and Geaux Vote Inaugural legislative Breakfast.

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …

21st Century Cures Act: The Problem With Preemption In Light Of Deregulation, Megan C. Andersen

University of Michigan Journal of Law Reform

The 21st Century Cures Act introduced innovative changes to the Food and Drug Administration’s regulatory processes. In an effort to address the slow, costly, and burdensome approval process for high-risk devices, the Cures Act modernized clinical trial data by allowing reviewers to determine whether devices merit expedited review and to consider post-market surveillance data in the premarket approval process. These changes will get life-saving devices to the people who need them faster than ever before. But the tradeoff is a greater risk of injury to the patient. The 2008 Supreme Court decision Riegel v. Medtronic, Inc., held that any …

From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy

Library Staff Publications

For a legal system to succeed, its laws must be available to the public it governs. This article looks at the methods used by different governments throughout history to publicize legislation and the rulers’ possible motivations for publication. It concludes by discussing how the Uniform Electronic Legal Material Act provides the next logical step in this long tradition of publicizing the law.

Congress, Let Bicycles Back In, Andrew Applegate

BYU Law Review

The Wilderness Act of 1964 protects certain federal lands in the United States, called “wilderness areas,” from human habitation and development. When the Wilderness Act was first passed, nonmotorized bicycle travel was allowed in wilderness areas. However, in 1984, the United States Forest Service altered its interpretation of the statutory text of the Wilderness Act and banned nonmotorized bicycle travel in wilderness areas. Seeking to reverse the Forest Service’s blanket-ban on bicycles in wilderness areas, bicycle activists sought a legislative remedy. In March of 2017, House Federal Lands Subcommittee Chairman Tom McClintock introduced House Bill 1349 to the United States …

Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics, Justin A. Miller

BYU Law Review

No abstract provided.

Toward A Just System For Juveniles, Karl A. Racine, Elizabeth Wilkins

University of the District of Columbia Law Review

Each year as a nation we prosecute over 800,000 children-nearly three percent of the juvenile population2 and detain over 200,000 of them.3 That is, we saddle almost three percent of our youth with the experience of being a defendant in court, with the label of delinquency. And we separate over a quarter of those youth from family and community for some period of time. The overwhelming majority of these children have experienced life-altering trauma in their young lives, and these experiences with the juvenile justice system can exacerbate that trauma.4 Yet,while we are affecting our young people on this massive …

The Eviction Geography Of New Orleans: An Empirical Study To Further Housing Justice, Davida Finger

University of the District of Columbia Law Review

Low-income tenants in the U.S. have weak bargaining power as well as limited housing and mobility options in the housing market. With no enforceable "right to housing," tenants are stuck-quite literally in the case of uninhabitable property - in unsafe and unhealthy living conditions. Poverty and economic instability make it challenging for tenants either to leave or to force repairs to substandard rental units. The author completed an empirical study of eviction cases in New Orleans in order to quantify the problem of evictions, learn more about where evictions occur throughout the municipality, and better understand who is evicted. The …

The Americans With Disabilities Act: Legal And Practical Applications In Child Protection Proceedings, Joshua B. Kay

Articles

Parents with disabilities, particularly those with intellectual disability and/or mental illness, are disproportionately represented in the child protection system.1 Once involved in the system, they are far more likely than parents without disabilities to have their children removed and their parental rights terminated. The reasons for this are many. Parents with disabilities are relatively likely to experience other challenges that are themselves risk factors for child protection involvement. In addition, child protection agencies, attorneys, courts, and related professionals often lack knowledge and harbor biases about parents with disabilities, increasing the likelihood of more intrusive involvement in the family. Yet research …

Pharmaceutical Price Gouging: The Need For Direct Regulation On The Gray Market, Nicole Rende

Journal of Civil Rights and Economic Development

(Excerpt)

This Note proposes federal legislation that will ultimately shut down the Pharmaceuticals gray market. The federal government should directly regulate the gray market and the price gouging mechanisms used. Congress should pass the Fair Accountability and Innovative Research Drug Pricing Act of 2016, currently proposed. This Act will increase price transparency and provide a civil penalty for wrong doers. In addition to the passage of this Act, there needs to be a direct attack on the gray market by creating an act that does not allow companies to participate in these distributions and ultimately form monopolies. This act needs …

Why The Latest Ruling In The Sandy Hook Shooting Litigation Matters, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

On March 19, 2019 the Connecticut Supreme Court officially released its opinion in Soto v. Bushmaster Firearms International, LLC. Because the decision greenlights civil discovery and trial for the Sandy Hook plaintiffs seeking compensation from the maker, distributor,and retailer of the gun used by the shooter, the ruling received much attention in the popular press. It is, however, very easy to get the wrong impression about the significance of the Connecticut Supreme Court’s decision and the avenues it creates for both the plaintiffs and the defendants in the litigation. The decision is both more and less significant than it seems …

Puerto Rico V. Franklin California Tax-Free Trust, Brittney E. Ciarlo

Ohio Northern University Law Review

No abstract provided.

Qualified Tenure: Presidential Removal Of The Fbi Director, Leah A. Hamlin J.D.

Ohio Northern University Law Review

In 1976, Congress passed a bill instituting a ten-year term for the FBI director, ostensibly to provide the head of the nation’s foremost law enforcement agency some measure of independence from political pressure that could improperly influence investigations. This note explores the impact of the tenured term on the president’s power to remove the director at will for a personal reason, a political reason, or no reason at all. Although the Supreme Court has never directly addressed the president’s power with respect to the FBI director, this note concludes that a statutory term alone does not restrict the president’s ability …