Legislation Commons^™

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds …

How Should Congress Respond To Mcdonnell?, David Yassky, Kathleen Clark, Allen Dickerson, Jennifer Rodgers

Pace Law Review

Discussion of question of whether McDonnell was essentially right or wrong. Should Congress act to change the McDonnell rule? Should the Supreme Court reconsider it? What would be an alternative or a better way, if there is one, to approach the question of public corruption prosecution?

Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson

Seattle University Law Review

For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal needs of …

Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt

Washington and Lee Law Review Online

In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial …

Universities: The Fallen Angels Of Bayh-Dole?, Rebecca S. Eisenberg, Robert Cook-Deegan

Articles

The Bayh-Dole Act of 1980 established a new default rule that allowed nonprofit organizations and small businesses to own, as a routine matter, patents on inventions resulting from research sponsored by the federal government. Although universities helped get the Bayh-Dole Act through Congress, the primary goal, as reflected in the recitals at the beginning of the new statute, was not to benefit universities but to promote the commercial development and utilization of federally funded inventions. In the years since the passage of the Bayh-Dole Act, universities seem to have lost sight of this distinction. Their behavior as patent seekers, patent …

Blurring Institutional Boundaries: Judges' Perceptions Of Threats To Judicial Independence, Alyx Mark, Michael A. Zilis

Political Science Faculty Publications

The legislature wields multiple tools to limit judicial power, but scholars have little information about how judges interpret variant threats and which they find most concerning. To provide insight, we conduct original interviews regarding legislative threats to courts with over two dozen sitting federal judges, representing all tiers of the federal judiciary. We find that judges have a nuanced understanding of threats and tend to identify components of legislative proposals that threaten formal institutional powers as more concerning than those challenging policy set by judges. This distinction has broad implications for our understanding of judicial behavior at the federal level.

Agency Pragmatism In Addressing Law’S Failure: The Curious Case Of Federal “Deemed Approvals” Of Tribal-State Gaming Compacts, Kevin K. Washburn

University of Michigan Journal of Law Reform

In the Indian Gaming Regulatory Act of 1988 (IGRA), Congress imposed a decision-forcing mechanism on the Secretary of the Interior related to tribal-state compacts for Indian gaming. Congress authorized the Secretary to review such compacts and approve or disapprove each compact within forty-five days of submission. Under an unusual provision of law, however, if the Secretary fails to act within forty-five days, the compact is “deemed approved” by operation of law but only to the extent that it is lawful. In a curious development, this regime has been used in a different manner than Congress intended. Since the United States …

The Suitability Of South Africa's Business Rescue Procedure In The Reorganization Of Small-To-Medium-Sized Enterprises: Lessons From Chapter 11 Of The United States Bankruptcy Code., Mikovhe Maphiri

Michigan Business & Entrepreneurial Law Review

South African small- to medium-sized enterprises (“SMEs”) are the bread and butter of our economy. Providing much-needed employment and developing the skills of historically disadvantaged persons formally and informally are some of the most significant benefits of SMEs in a developing country such as South Africa. However, despite these significant contributions to the socioeconomic development of the country, SMEs generally have the lowest survival rates in the world as compared to large enterprises globally, resulting in high rates of business failure and the loss of jobs which these entities create. The Companies Act of 2008 replaces the previous judicial management …

The Beat And Treaty Overrides: A Brief Response To Rosenbloom And Shaheen, Reuven S. Avi-Yonah, Bret Wells

Articles

In a recent article in Tax Notes International, H. David Rosenbloom and Fadi Shaheen argue that the base erosion and antiabuse tax (IRC section 59A, as enacted in 2017) is a potential violation of articles 23 and 24 of U.S. tax treaties. They say the BEAT does not override those treaties, so those agreements can be relied on to overcome the effects of the BEAT. In our opinion, that conclusion is wrong for two reasons: The BEAT is not a treaty violation, and even if were, it is a treaty override.

F18rs Eo No. 1 (Safety Partner Day), Stewart Lockett

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 6 (Texas A&M Mascot Condolences), Johnathon Price

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 8 (Supplemental Instruction), Tim Craig

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 9 (Ldeq Conference), Jack Green

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 10 (Lsu Society Of Petroleum Engineers), Shrey Dalal

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgfb No. 2 (Nsslha Conference), Johnathon Price

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgfb No. 3 (Seaux Live), Catherine Mckinney

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgb No. 4 (Responsibilities), Jack Green

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgfb No. 4 (Water Bottles), Adriana Deras

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgcr No. 37 (Referenda Postponement), Jordan K. Landry

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgb No. 2 (Budget), Tyler Porche

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 1 (Edrc), Christina Black

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 2 (Sfvac), Christina Black

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgb No. 3 (Rules Of Order), Austin Grashoff, Catherine Mckinney, Tyler Porche, Cameron Burris, Jack Green

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 3 (Higher Ed. Funding), Jordan Landry, Edouard D'Espalungue, Jack Green, Catherine Mckinney, Cassidy Riley

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgfb No. 1 (Aashe Conference), Cassidy Riley

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgb No. 1 (Rules Of Court), Andrew Grashoff

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgb No. 1 (Rules Of Court Amendments), Andrew Grashoff

Student Senate Enrolled Legislation

A Bill

To change the current Articles VII-X of the Rules of Court to Articles VIII-XI with the insertion of Student Organization Decision Appeals as Article VII.

F18rs Sgb No. 3 (Rules Of Order), Austin Grashoff, Cameron Burris, Jack Green, Catherine Mckinney, Tyler Porche

Student Senate Enrolled Legislation

A Bill

To amend the Rules of Order

F18rs Sgb No. 2 (Budget), Tyler Porche

Student Senate Enrolled Legislation

A BILL

to amend the Student Government budget.

F18rs Sgb No. 5, Spencer Chiasson, Shrey Dalal

Student Senate Enrolled Legislation

A Bill

To AMEND THE PROGRAMMING, SUPPORT, AND INITIATIVES FUND (PSIF) BYLAWS