Legislation Commons^™

The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson

Journal of Food Law & Policy

Many people believe that once the COVID-19 pandemic has passed, life will return to the way it was. This belief is both unrealistic and dangerous. It is unrealistic because the virus will be around for years if not indefinitely. The timeframe for the worst of the pandemic will depend on our ability to administer effective vaccines worldwide and the public’s willingness to accept continued social distancing in the meantime. The damage done to public health, the economy and individuals is already substantial and will get worse. Recovery will be slow and incomplete. The belief that life will return to the …

Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker

Faculty Publications

Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any "person" who violates federal rights. The U.S. Supreme Court has long held that "person" excludes states because Section 1983 flunks a condition of crystal clarity.

This Article reconsiders that conclusion--in legalese, Section 1983's nonabrogation of sovereign immunity--along multiple dimensions. Beginning with a negative critique, this Article argues that because the Court invented the crystal-clarity standard so long after Section 1983's enactment, the caselaw …

Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell

Child and Family Law Journal

No abstract provided.

Suspect Spheres, Not Enumerated Powers: A Guide For Leaving The Lamppost, Richard Primus, Roderick M. Hills Jr.

Michigan Law Review

Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failure to read the Constitution correctly. It’s because the enumeration of congressional powers is not a well-designed technology for limiting federal legislation. Rather than trying to make the enumeration do work that it will not do, decisionmakers should find better ways of thinking about what lawmaking should be done locally rather than nationally. This Article suggests such a rubric, one that asks not whether Congress has permission to do a certain thing but whether a certain …

A Costly Victory: June Medical, Federal Abortion Legislation, And Section 5 Of The Fourteenth Amendment, Thomas J. Molony

Arkansas Law Review

The United States Supreme Court’s recent major abortion ruling in June Medical Services L.L.C. v. Russo was a win for abortion rights supporters, but a costly one. Although the June Medical Court struck down a Louisiana law requiring abortion doctors to have admitting privileges at a local hospital, a majority of the Justices—and most importantly, Chief Justice Roberts, whose concurrence constitutes the Court’s holding—stressed that Casey’s constitutional standard for pre-viability abortion regulations is not the amorphous balancing test the Court suggested in Whole Woman’s Health v. Hellerstedt, but a more deferential one under which a pre-viability regulation typically will be …

Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine

Arkansas Law Review

"When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." There can be little dispute that food production is of vital interest to any nation’s security and economy. For this reason, the United States Congress, like many other legislatures around the world, has accorded special treatment to the agricultural industry, and particularly to farmers. One example of this special treatment is the Capper-Volstead Act, which provides farmers with immunity from antitrust liability for joint conduct undertaken by and through an “association” of producers.

Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey

Washington and Lee Law Review Online

In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White children. But …

The Ingenious Biden Tax Plan, Reuven S. Avi-Yonah

Articles

In this article, the author considers the Biden administration’s Made in America Tax Plan, which would overhaul the corporate and international tax provisions of the Tax Cuts and Jobs Act and represents a long-overdue effort to more fairly tax U.S.-based multinationals.

Brownfield Legislation: A Viable Option For The Southeast, Leslie Goff-Sanders

Journal of Natural Resources & Environmental Law

No abstract provided.

Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos

University of Cincinnati Law Review

No abstract provided.

Considering Sanctions Compliance In Light Of Ucc 4a, Michael Zytnick, Alaina Gimbert

Michigan Business & Entrepreneurial Law Review

As part of a bank’s financial crime compliance program, it is increasingly common to screen and halt the processing of a payment order for compliance investigation where reference is made to a potential, but unconfirmed, target of United States economic sanctions. This essay discusses challenges under Article 4A of the Uniform Commercial Code concerning the timing of such an investigation and the creation of potential liability where a bank wrongly accepts by execution a previously halted payment order received from a sender following five funds transfer business days after the relevant execution date or payment date of that order. In …

S21rs Sgcr No. 26 (Sam Rhodes, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Sam Rhodes as Executive Delegate for the SG Black Caucus

S21rs Sgcr No. 30 (Angelle Smith, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Angelle Smith as Legislative Delegate for the SG Black Caucus

S21rs Sgcr No. 35 (Lgbtq+ Caucus), Everett Craddock, Sam Staggs, Matt Mcclure

Student Senate Enrolled Legislation

A Concurrent Resolution

To establish the LSU Student Government LGBTQ+ Caucus

S21rs Sgcr No. 39 (Hannah Blackwell, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Hannah Blackwell as a Delegate for the SG Black Caucus

S21rs Sgcr No. 22 (Senate Vacancy, Piper Miller), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Piper Miller as a Senator for the University Center for Freshman Year

S21rs Sgcr No. 27 (William Black, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint William Chandler Black as Executive Delegate for the SG Black Caucus

S21rs Sgcr No. 28 (Devin Scott, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Devin Scott as Executive Delegate for the SG Black Caucus

S21rs Sgcr No. 31 (Carianne Asberry, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Carianne Asberry as Legislative Delegate for the SG Black Caucus

S21rs Sgcr No. 32 (Byron Hansley, Psif), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Byron Hansley to PSIF as a Student Representative

S21rs Sgcr No. 29 (Javin Bowman, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Javin Bowman as Legislative Delegate for the SG Black Caucus

S21rs Sgcr No. 34 (Spring Referendum), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Place a question on the Spring 2021 Ballot

S21rs Sgcr No. 38 (Brylier Breaner, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Brylier Breaner as a Delegate for the SG Black Caucus

S21rs Sgcr No. 36 (Xavier Kent, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Xavier Kent as a Delegate for the SG Black Caucus

S21rs Sgr No. 32 (Health Center Director), Taylor Perrodin, Student Auxiliary Services Committee

Student Senate Enrolled Legislation

A Resolution

To Urge and Request the LSU Student Health Center to take into account certain concerns of the Student Body when selecting a new director

S21rs Sgcr No. 37 (Angel Puder, Black Caucus), Alexandra Basse

Student Senate Enrolled Legislation

A Concurrent Resolution

To Appoint Angel Puder as a Delegate for the SG Black Caucus

S21rs Sgr No. 33 (Hb No. 564), Taylor Perrodin, Adam Dohrenwend, Harris Quadir, Everett Craddock, Devin Meche, Miles Mclendon

Student Senate Enrolled Legislation

A Resolution

To Urge and Request the Louisiana State Legislation to oppose the anticipated House Bill No. 564 which aims to, among other things, prohibit instruction on systemic racism and sexism in Louisiana's publicly-supported educational institutions

S21rs Sgr No. 34 (Hb No. 409), Olivia Devall

Student Senate Enrolled Legislation

A Resolution

To urge and request the Louisiana State Legislature to pass House Bill 409 by Aimee Freeman, a bill which requires higher education institutions to terminate employees who fail to report dating violence

S21rs Sgr No. 35 (Permission Waiver For Missing Person Materials), John Griswold

Student Senate Enrolled Legislation

A Resolution

To urge and request Louisiana State University to waive the requirement of attaining university permission to post printed materials on campus, on the contingency that said printed materials are being deployed to aid in the finding of missing persons

S21rs Sgr No. 36 (Asl), Alexander Du Plooy, Julius Pallotta

Student Senate Enrolled Legislation

A Resolution

To urge and request the College of Humanities and Social Sciences to recognize and offer American Sign Language (ASL) as a foreign language course