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Legislation Commons™

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2022

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Institution
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Articles 91 - 120 of 383

Full-Text Articles in Legislation

Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities Dec 2022

Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities

The University of New Hampshire Law Review

In 1975, the New Hampshire legislature enacted a progressive statute which mandated the Department of Health and Human Services “to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons.” This law was innovative for its time; it decreed that individual service plans (ISPs) be developed for every client in the state’s service delivery system, guaranteed “a right to adequate and humane habilitation and treatment[,]” and contemplated the state’s area agency system as we know it today. The statute was a steppingstone for the 1981 class action lawsuit of Garrity v. Gallen. This was one of …

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The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer Dec 2022

The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

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The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak Dec 2022

The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically, the pornography industry has been the target of countless attempts to delegitimize sex work, but it still endures as a legal industry. Nevertheless, financial service providers such as banks and third-party payment processors have circumvented providing the industry fair access to their services, under vague pretexts such as reputational risk. While porn is not the only marginalized industry affected by unfair treatment from financial service providers, it is among the most targeted. This note gives context to this issue and provides that access to the global marketplace should not be limited by financial institutions functioning as de facto legislators, …

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The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho Dec 2022

The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho

Brooklyn Journal of Corporate, Financial & Commercial Law

E-commerce has many advantages for both consumers and sellers, but its process has taken a toll on the environment. In this Note, I discuss two integral aspects of the e-commerce process that contribute to climate change: (1) air pollution from delivery vehicles, and (2) the use of non-sustainable packaging. I will provide insight into the U.S. environmental laws currently in place that regulate greenhouse gas emissions and other contributors to climate change, such as the Clean Air Act and the Solid Waste Disposal Act, while highlighting how these laws are minimal at best. I argue that the U.S. government should …

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Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning Dec 2022

Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning

Brooklyn Journal of Corporate, Financial & Commercial Law

In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …

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When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady Dec 2022

When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady

Journal of Law and Policy

For seventy-two years, federal courts have barred military servicemembers who are survivors of sexual assault from recovery under the Federal Tort Claims Act (FTCA). The Feres doctrine, promulgated from the Supreme Court case Feres v. United States, became the foundation for federal courts’ decisions that sexual assault is incident to one’s service in the military. Courts’ over-deference to the military has enabled a system that turns a blind eye to perpetrators and abusive environments on bases. However, the Ninth Circuit recently turned the tide in FTCA cases, holding in Spletstoser v. Hyten that military sexual assault survivors should be permitted …

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Weathering The Storm: Establishing Internally Displaced People’S Right To Affordable Housing In The Wake Of Natural Disasters, Raina Hasan Dec 2022

Weathering The Storm: Establishing Internally Displaced People’S Right To Affordable Housing In The Wake Of Natural Disasters, Raina Hasan

Journal of Law and Policy

In 2020, natural disasters caused more internal displacement than war; floods, storms, and wildfires caused thirty million new displacements globally, and 1.7 million in the U.S. alone. The data and history suggest that masses of people will be displaced every year and will face housing insecurity without any formal acknowledgement of their unique plight or a guarantee that internally displaced persons (“IDPs”) will have protected rights. This Note proposes that, considering the worsening climate crisis leading to more frequent and severe natural disasters, the U.S. should codify the rights of internally displaced people as laid out in the United Nations’ …

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Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah Dec 2022

Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah

Journal of Law and Policy

This Note discusses the flaws in the tripartite analysis to determine whether an asylum seeker satisfies the protected ground of “membership in a ‘particular social group’” (“PSG”). An applicant seeking a PSG determination must prove: (1) “immutability,” (2) “social distinction,” and (3) “particularity.” This Note argues that when PSG asylum claims are denied and appealed to the Board of Immigration Appeals (“BIA”), the BIA has incoherently tangled what is actually required in order to compel an affirmative PSG determination. One group of asylum seekers that has been significantly disadvantaged by this tripartite test is former gang members. This Note argues …

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Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom Dec 2022

Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom

Journal of Law and Policy

This Note both explores the mechanisms and incentive structures that make “copyright hacking” possible and explains the legal system’s failure to provide recourse for victims of successful “copyright hacks” by police officers. Because the DMCA has failed to keep pace with the internet’s exponential growth, OSPs, such as YouTube, have developed filtering systems that can be exploited to “copyright hack” users and ultimately suppress their speech. A victim of “copyright hacking” by a police officer currently has no recourse; the doctrine of qualified immunity functionally precludes them from suing for violating their First Amendment rights. This Note proposes two possible …

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Why A New Deal Must Address The Readability Of U.S. Consumer Contracts, Michael L. Rustad Dec 2022

Why A New Deal Must Address The Readability Of U.S. Consumer Contracts, Michael L. Rustad

Cardozo Law Review

United States companies are increasingly drafting consumer contracts that are complex and unreadable, thus making it difficult for many Americans to comprehend terms of use that apply to goods and services. Many U.S. companies are creating terms of use that are, in effect, rights-foreclosure schemes. Many consumer agreements cap damages at a nominal amount, disclaim all warranties, limit remedies, and impose mandatory arbitration clauses and class action waivers. U.S. courts enforce these unfair mass-market contracts with few exceptions. My proposal for a New Deal for Consumer Contracts, as described in this Article, would impose a more exacting readability standard, enforcing …

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Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw Nov 2022

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw

Articles

This piece offers an extended critique of one aspect of the so-called "independent state legislature" theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I's Elections Clause, which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof," and Article H's Presidential Electors Clause, which provides that "[e]ach State shall appoint, in such Manner as the Legislature …

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Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate Nov 2022

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

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Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl Nov 2022

Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl

Notre Dame Law Review

This Article addresses a problem that potentially arises whenever a federal court encounters a state statute. When interpreting the state statute, should the federal court use the state’s methods of statutory interpretation—the state’s canons of construction, its rules about the use of legislative history, and the like—or should the court instead use federal methods of statutory interpretation? The question is interesting as a matter of theory, and it is practically significant because different jurisdictions have somewhat different interpretive approaches. In addressing itself to this problem, the Article makes two contributions. First, it shows, as a normative matter, that federal courts …

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Addressing Illegal, Unreported, Unregulated (Iuu) Fishing In Cambodia : The Impact Of The Eu’S Iuu Regulation, Sorphea Sok Oct 2022

Addressing Illegal, Unreported, Unregulated (Iuu) Fishing In Cambodia : The Impact Of The Eu’S Iuu Regulation, Sorphea Sok

World Maritime University Dissertations

No abstract provided.

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Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch Oct 2022

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch

BYU Law Review

No abstract provided.

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Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder Oct 2022

Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder

Mountain Plains Business Conference

This presentation examines and summarizes the right to repair movement from the perspective of its origins, development, legal basis and – most significantly – its unique manifestation within an agriculture perspective. The agricultural equipment sector is more concentrated and less competitive than many other industries, while the typical farmer remains fiercely independent and self-reliant. This unique situation has led to conflict, forming the basis of the current agricultural right to repair dispute. Accordingly, the current state of the agricultural right to repair movement is examined and explained based on the recent policy, legislation, and litigation efforts employed at federal and …

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Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor Oct 2022

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson Oct 2022

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith Oct 2022

Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier Oct 2022

Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss Oct 2022

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Legislating Emotion, Reading Grief: Bereavement Leave For Miscarriage And Stillbirth In New Zealand Law, Gillian Calder Oct 2022

Legislating Emotion, Reading Grief: Bereavement Leave For Miscarriage And Stillbirth In New Zealand Law, Gillian Calder

Dalhousie Law Journal

This paper looks at New Zealand’s Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2), an Act that changes Employments Standards legislation to allow bereavement leave for people and their partners at miscarriage and stillbirth. The paper is prompted by the huge media attention that this small change in law received globally. What might Canadian legislators learn by taking a careful look at this New Zealand law that permits an employee time off work to grieve a pregnancy loss? The questions that the legislation provokes are read through the lens of law and emotions literature, situated in the ways that …

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Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law Oct 2022

Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law

California Initiative Review (CIR)

No abstract provided.

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Proposition 27: Legalize Sports Betting And Revenue For Homelessness Prevention Fund Initiative, Ismael Perez, Danielle Diele Oct 2022

Proposition 27: Legalize Sports Betting And Revenue For Homelessness Prevention Fund Initiative, Ismael Perez, Danielle Diele

California Initiative Review (CIR)

No abstract provided.

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Proposition 1: Constitution Right To Reproductive Freedom, Brenna Hatcher, Yuri Khadka, Alek Kocher Oct 2022

Proposition 1: Constitution Right To Reproductive Freedom, Brenna Hatcher, Yuri Khadka, Alek Kocher

California Initiative Review (CIR)

No abstract provided.

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Proposition 31: Flavored Tobacco Products Ban Referendum, Aria Alex Ghafouri, Christian Landaverde Oct 2022

Proposition 31: Flavored Tobacco Products Ban Referendum, Aria Alex Ghafouri, Christian Landaverde

California Initiative Review (CIR)

No abstract provided.

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Proposition 26: California Sports Wagering Regulation And Unlawful Gambling Enforcement Ac, Jara Lindgren, Elizabeth Rocha Zuñiga Oct 2022

Proposition 26: California Sports Wagering Regulation And Unlawful Gambling Enforcement Ac, Jara Lindgren, Elizabeth Rocha Zuñiga

California Initiative Review (CIR)

No abstract provided.

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Proposition 28: Provides Additional Funding For Arts And Music Education In Public Schools, Brenna Hatcher, Yuri Khadka, Alek Kocher Oct 2022

Proposition 28: Provides Additional Funding For Arts And Music Education In Public Schools, Brenna Hatcher, Yuri Khadka, Alek Kocher

California Initiative Review (CIR)

No abstract provided.

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Proposition 30: Tax On Income Above $2 Million For Zero-Emission Vehicles And Wildfire Prevention Initiative, Danielle Diele, Ismael Perez Oct 2022

Proposition 30: Tax On Income Above $2 Million For Zero-Emission Vehicles And Wildfire Prevention Initiative, Danielle Diele, Ismael Perez

California Initiative Review (CIR)

No abstract provided.

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F22rs Sgr 9 (Virtual Tigercard), Amelie Chadwick, Chelsea Chisolm, Jack Griswold, Jahi Palmer, Mason Pfeffer, Hamood Qureshi Oct 2022

F22rs Sgr 9 (Virtual Tigercard), Amelie Chadwick, Chelsea Chisolm, Jack Griswold, Jahi Palmer, Mason Pfeffer, Hamood Qureshi

Student Senate Enrolled Legislation

To Urge and Request Louisiana State University to implement a virtual TigerCard system

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