Legislation Commons^™

Distressed Watershed: A Designation To Ease The Algae Crisis In Lake Erie And Beyond, Kenneth K. Kilbert

Dickinson Law Review (2017-Present)

Algae pose a severe problem in many waterbodies nationwide, but the algae crisis is perhaps most acute in Lake Erie. Harmful algal blooms choke the lake every year, causing economic and ecologic damage and threatening public health. Solving the algae crisis in Lake Erie depends on reducing the amount of nutrients entering the lake, especially from agricultural stormwater runoff. Ohio’s recent designation of Lake Erie as “impaired” under the Federal Clean Water Act is a positive step, and the resulting Total Maximum Daily Load (“TMDL”) should be a useful planning tool in the fight against algae. But because the Clean …

Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé

Loyola of Los Angeles International and Comparative Law Review

The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …

A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell

Loyola of Los Angeles International and Comparative Law Review

Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …

A Policy Analysis Of South Carolina Drug Court Legislation: H. 3322 § 302: Drug Court Program Act (2019), Mae Chinnes

Senior Theses

The purpose of this thesis is to examine a piece of drug court legislation currently being considered by the South Carolina Legislature, H. 3322 § 302. An overview of drug criminalization in the United States, its impact, and drug courts are provided. This is followed by a review of the literature on the key programmatic components of drug court best practices, including: target population, incentives and sanctions, management team, and duration. An example analysis of Florida’s Thirteenth Judicial Circuit Drug Court Program policies proceeds the analysis of H. 3322. Parameters of successful drug court legislation and program outcomes are defined …

A Second Step Act For The States (And Counties, And Cities), John F. Pfaff

Cardozo Law Review

No abstract provided.

The Statutory Interpretation Muddle, Richard H. Fallon, Jr.

Northwestern University Law Review

Debates about statutory interpretation typically proceed on the assumption that statutes have linguistic meanings that we can identify in the same way that we identify the meaning of utterances in ordinary conversation. But that premise is false. We identify the meaning of conversational utterances largely based on inferences about what the speaker intended to communicate. With legislatures, as now is widely recognized, there is no unitary speaker with the sort of communicative intentions that speakers in ordinary conversation possess. One might expect this recognition to trigger abandonment of the model of conversational interpretation as a framework for interpreting statutes. Instead, …

Federal Criminal Risk Assessment, Brandon L. Garrett

Cardozo Law Review

No abstract provided.

The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy

Cardozo Law Review

No abstract provided.

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Faculty Articles and Other Publications

This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court should read …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Proposed New York Trust Code, Surrogate’S Court Advisory Committee To The Chief Administrative Judge Of The Courts Of The State Of New York

Other Scholarship

Text of a proposed New York Trust Code to be submitted to the New York Legislature.

Presence Is No Present: From "Being" To "Eating" At The Table, Amiel B. Harper, Esq.

DePaul Journal for Social Justice

No abstract provided.

Addressing Police Accountability & Community Safety, Depaul Panel

DePaul Journal for Social Justice

No abstract provided.

Welfare Reform & The Devaluation Of Women's Work, Anna Kerregan

DePaul Journal for Social Justice

No abstract provided.

An Excerpt Of Iniquity: How Court Systems, Attorneys, And Legal Aid Organizations Cheated Homeowners In Foreclosure, Kelli Dudley

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Depaul Journal For Social Justice

DePaul Journal for Social Justice

No abstract provided.

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies, which …

Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler

WRIT: Journal of First-Year Writing

In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a part …

The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania

Maine Law Review

State and local governments across the country are grappling with the rise of short-term housing rentals and how to enact effective regulation regarding their use. The increase of short-term rentals (STRs) is almost entirely the result of online platforms that make STRs easy, efficient, and accessible. While STRs undoubtedly have positive economic outcomes for both property owners and local economies, there are also many negative repercussions which must be effectively regulated. Regulation in this area reflects differing priorities and viewpoints of states and municipalities. Specifically, rural Maine municipalities, many of which are popular seasonal destinations, face not only the challenges …

The Medicare Problem: A Solution To Insolvency, Oscar Castro

Brigham Young University Journal of Public Law

No abstract provided.

The State Of Texas Concurrent Resolution 19r474, José Menéndez, Four Price

St. Mary's Law Journal

Joint legislative resolution recognizing the St. Mary's Law Journal 50th anniversary in 2019.

Perpetuating Injustice: Analyzing The Maryland Court Of Appeals’S Refusal To Change The Common Law Doctrine Of Contributory Negligence, Andrew White

Maryland Law Review

No abstract provided.

Imaginary Bottles, Jessica Litman

Articles

This essay, written for a symposium commemorating John Perry Barlow, who died on February 7, 2018, revisits Barlow's 1994 essay for WIRED magazine, "The Economy of Ideas: A Framework for patents and copyrights in the Digital Age (everything you know about intellectual property is wrong)." Barlow observed that networked digital technology posed massive and fundamental challenges for the markets for what Barlow termed “the work we do with our minds” and for the intellectual property laws designed to shape those markets. He predicted that those challenges would melt extant intellectual property systems into a smoking heap within a decade, and …

An Instrument At The Forefront Of Social Change: The Legacy Of Joaquin G. Ávila, Steven W. Bender

Seattle Journal for Social Justice

No abstract provided.

The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter

Seattle Journal for Social Justice

No abstract provided.

Municipal Annexation Reform In Texas: How A Victory For Property Rights Jeopardizes The State’S Financial Health, Julie Polansky Bell

St. Mary's Law Journal

Municipal annexation is the expansion of city boundaries. The greatest motivator behind municipal annexation is maintaining and improving economic prosperity of the annexing authority. The issue of annexation involves a balance of rights between property owners and municipalities of the state. Historically, Texas cities had broad annexation authority under an involuntary annexation scheme. However, in recent years the power has shifted as lawmakers have given property owners greater control over the annexation process. This trend culminated in the passage of the Municipal Annexation Right to Vote Act (MARVA) by the 85th Texas Legislature, which severely limits annexation authority.

Texas municipalities …

Preface By The Special Editor: A Benediction, An Exhortation, Michael Pantazakos

Cardozo Law Review

In honor of Arthur Jacobson, may we study the works offered herein with both diligence and delight as a living benediction.

The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy

Cardozo Law Review

Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article discusses these …

Medical Board Of California, Mason Bettencourt, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.