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Full-Text Articles in Legislation

A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena Oct 2017

A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena

Seattle University Law Review

Individuals who have lost everything—their homes, jobs, and dignity—are often forced to live on the street. Those with no reasonable alternative can find themselves relying on the generosity of others just to survive. In response, citizens petition, legislatures enact, and officers enforce laws that criminalize signs of visible poverty. Municipalities have made considerable attempts to remove visible poverty from their cities by drafting legislation that disproportionately punishes people experiencing homelessness. This Note focuses on a particular subset of such legislation, laws that criminalize panhandling. Section I of this Note provides an overview of the First Amendment and the protection of …


Exercise The Power, Play By The Rules: Why Popular Exercise Of Legislative Power In Maine Should Be Constrained By Legislative Rules, Jeremy R. Fischer Oct 2017

Exercise The Power, Play By The Rules: Why Popular Exercise Of Legislative Power In Maine Should Be Constrained By Legislative Rules, Jeremy R. Fischer

Maine Law Review

As a candidate for the Maine House of Representatives (House Candidate) stands patiently on the podium at a political rally, she smiles and waves to supporters as she is introduced. She then steps to the microphone and begins an impassioned recitation of her campaign platform: improving education in Maine's schools, providing health insurance to the uninsured, and adequately funding state agencies to protect the environment. She concludes with a shrewd but simple promise-"Read my lips: no new taxes!" The crowd roars. This is what makes Americans hate politics and politicians-unrealistic and untenable campaign promises. House Candidate is hardly the first …


Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act, Sue Mota Oct 2017

Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act, Sue Mota

The Catholic Lawyer

No abstract provided.


The Enforcement Of Irs Summonses And Section 7609, Madeline Tusa Oct 2017

The Enforcement Of Irs Summonses And Section 7609, Madeline Tusa

St. John's Law Review

(Excerpt)

This Note argues that because the Tenth Circuit decision ignores important policy concerns dealing with the efficiency of the IRS, failing to comply with notice requirements under Section 7609(a) should be analyzed under the totality of the circumstances standard. Part I discusses the history and development of Section 7609(a) and notice requirements for third-party summonses in IRS investigations. Part II outlines the general requirements for the enforcement of an IRS summons and how Section 7609(a) is analyzed in light of those requirements. Part III discusses the current circuit split and the significance of each respective court’s holdings and reasoning. …


The Intelligible Principle: How It Briefly Lived, Why It Died, And Why It Desperately Needs Revival In Today's Administrative State, Meaghan Dunigan Oct 2017

The Intelligible Principle: How It Briefly Lived, Why It Died, And Why It Desperately Needs Revival In Today's Administrative State, Meaghan Dunigan

St. John's Law Review

(Excerpt)

This Note addresses the flaws in the current intelligible principle standard and proposes a new three-part standard that would better revitalize the intelligible principle as it was first articulated almost a century ago. This Note concedes that while legislative delegation in any form is a violation of the original meaning of the nondelegation doctrine, our society and the growth of administrative agencies removed any chance of having our laws created solely by Congress. What can happen, and what this Note proposes, is for the Supreme Court to adopt a new intelligible principle standard that scales back the amount of …


Emerging From Daimler's Shadow: Registration Statutes As A Means To General Jurisdiction Over Foreign Corporations, Nicholas D'Angelo Oct 2017

Emerging From Daimler's Shadow: Registration Statutes As A Means To General Jurisdiction Over Foreign Corporations, Nicholas D'Angelo

St. John's Law Review

(Excerpt)

This Note argues for the increased exercise of general jurisdiction based on registration statutes. Carefully drafted state statutes, explicitly stating that corporations registering to do business in a state thereby consent to general jurisdiction, not only solve the consequences of Daimler, but also fully comport with traditional values of fairness.

Part I outlines the jurisprudential history related to general jurisdiction. Section A begins with the concept of territoriality introduced in Pennoyer and the minimum contacts analysis in International Shoe, then discusses the modern doctrine in Perkins, Helicopteros, and Goodyear, culminating with Daimler. Section …


Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll Oct 2017

Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll

Maine Law Review

Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his …


Sampling Of Employment Retaliation Cases Against Colleges And Universities In The District Of Columbia. Supplemental Testimony By Marcy Karin And Grace Emery For October 10, 2017 Committee Of The Whole Hearing, Marcy L. Karin Oct 2017

Sampling Of Employment Retaliation Cases Against Colleges And Universities In The District Of Columbia. Supplemental Testimony By Marcy Karin And Grace Emery For October 10, 2017 Committee Of The Whole Hearing, Marcy L. Karin

D.C. Council Testimony

No abstract provided.


Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin Oct 2017

Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin

D.C. Council Testimony

No abstract provided.


How Laws Are Made: The Legislature, Sharon Bradley Oct 2017

How Laws Are Made: The Legislature, Sharon Bradley

Presentations

Law, as defined in Black’s Law Dictionary, is “a body of rules of action or conduct prescribed by controlling authority and having binding legal force.” Our laws come from our three branches of Government: legislative, executive, and judicial. These webinars will focus on the law-making activities of each branch, the documents that are created during the process, and how they are used by lawyers and legal researchers


Termination Of Medical Treatment: Imminent Legislative Issues, Dennis J. Horan Oct 2017

Termination Of Medical Treatment: Imminent Legislative Issues, Dennis J. Horan

The Catholic Lawyer

No abstract provided.


Termination Of Medical Treatment: Imminent Legislative Issues, Robert C. Robinson Oct 2017

Termination Of Medical Treatment: Imminent Legislative Issues, Robert C. Robinson

The Catholic Lawyer

No abstract provided.


The Death Of Rules And Standards, Anthony J. Casey, Anthony Niblett Oct 2017

The Death Of Rules And Standards, Anthony J. Casey, Anthony Niblett

Indiana Law Journal

Scholars have examined the lawmakers’ choice between rules and standards for decades. This Article, however, explores the possibility of a new form of law that renders that choice unnecessary. Advances in technology (such as big data and artificial intelligence) will give rise to this new form—the microdirective—which will provide the benefits of both rules and standards without the costs of either. Lawmakers will be able to use predictive and communication technologies to enact complex legislative goals that are translated by machines into a vast catalog of simple commands for all possible scenarios. When an individual citizen faces a legal choice, …


The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez Oct 2017

The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez

St. Mary's Journal on Legal Malpractice & Ethics

Barratry and solicitation of professional employment is illegal and unethical. The Texas Disciplinary Rules of Professional Conduct define barratry as ethical misconduct and a serious crime. Unfortunately, for citizens and law-abiding attorneys of Texas, the criminal and ethical prohibitions against barratry have rarely been enforced. Consequently, barratry continues to proliferate rapidly throughout South Texas. For lawyers who engage in this unethical practice, the potential for large financial gain proves irresistible given the virtually nonexistent risk of prosecution. The lack of robust and successful prosecutions has created an optimal environment for barratry to proliferate. This Article discusses the current barratry epidemic …


Uniform Commercial Acts, Samuel Williston Oct 2017

Uniform Commercial Acts, Samuel Williston

Dickinson Law Review (2017-Present)

No abstract provided.


The Uniform Commercial Acts, J.P. Mckeehan Oct 2017

The Uniform Commercial Acts, J.P. Mckeehan

Dickinson Law Review (2017-Present)

The Commissioners on Uniform State Laws have had twenty- five annual conferences. The principal fruit of their labors is represented by the Negotiable Instruments Act, enacted in forty-seven jurisdictions; the Warehouse Receipts Act, enacted in thirty-one jurisdictions; the Sales Act, enacted in fourteen jurisdictions, the Bills of Lading Act enacted in thirteen jurisdictions, and the Stock Transfer Act, enacted in nine jurisdictions. They have also drafted acts relating to divorce, family desertion, probate of wills, marriage evasion, workmen’s compensation and partnership but these have not yet been enacted in more than a few states. All of the commercial acts are …


F17rs Eo No. 1 (Furniture), Jason Badeaux Oct 2017

F17rs Eo No. 1 (Furniture), Jason Badeaux

Student Senate Enrolled Legislation

AN EXECUTIVE ORDER

To Allocate a maximum of twelve thousand three hundred four dollars and one cent ($12,304.01) from the Student Government Surplus account to fund basic office furniture in the Student Government Executive Office


F17rs Sgb No. 2 (Honors College Council), Christina Black Oct 2017

F17rs Sgb No. 2 (Honors College Council), Christina Black

Student Senate Enrolled Legislation

A Bill

To amend the Student Government College Council Constitution and Bylaws


F17rs Sgr No. 2 (Best Wishes Scalise), Jordan Landry, Bailey Allmon, Frederick Bell, Ahmad El-Rachidi, Maxwell Martin, Tyler Porche, Johnathon Price, Andrew Vaughn Oct 2017

F17rs Sgr No. 2 (Best Wishes Scalise), Jordan Landry, Bailey Allmon, Frederick Bell, Ahmad El-Rachidi, Maxwell Martin, Tyler Porche, Johnathon Price, Andrew Vaughn

Student Senate Enrolled Legislation

A RESOLUTION

Conveying Best Wishes to Rep. Steve Scalise on His Recovery


F17rs Sgb No. 1 (Grad School Attendance), Jordan Landry, Caitlin Mullaney Oct 2017

F17rs Sgb No. 1 (Grad School Attendance), Jordan Landry, Caitlin Mullaney

Student Senate Enrolled Legislation

A Bill

To Amend the Student Government Bylaws Regarding Attendance Requirements for Senators Representing the Paul M. Hebert Law Center


F17rs Sgfb No. 1 (Water Monsters), Ahmad El-Rachidi Oct 2017

F17rs Sgfb No. 1 (Water Monsters), Ahmad El-Rachidi

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of Four thousand dollars and zero cents ($4,000.00) from the Student Government Initiatives account to fund the Water Monsters Coolers Initiative for at least the first three (3) games of the 2017 football season


F17rs Sgr No. 5 (Summer School), Katherine Becquet Oct 2017

F17rs Sgr No. 5 (Summer School), Katherine Becquet

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the Office of Academic Affairs to standardize all Academic Colleges in giving more opportunities than solely the summer semester in completing a course required for graduation.


F17rs Sgr No. 3 (Charlottesville), Jordan Landry, Wokil Bam, Frederick Bell, Ahmad El-Rachidi, Maxwell Martin, Johnathon Price, Andrew Vaughn Oct 2017

F17rs Sgr No. 3 (Charlottesville), Jordan Landry, Wokil Bam, Frederick Bell, Ahmad El-Rachidi, Maxwell Martin, Johnathon Price, Andrew Vaughn

Student Senate Enrolled Legislation

A RESOLUTION

Standing in Solidarity with Charlottesville, Virginia, and the University of Virginia following the Events of August 11-12, 2017


F17rs Sgr No. 4 (Medical Amnesty), Maxwell Martin, Austin Grashoff Oct 2017

F17rs Sgr No. 4 (Medical Amnesty), Maxwell Martin, Austin Grashoff

Student Senate Enrolled Legislation

A RESOLUTION

URGING THE STUDENT CODE OF CONDUCT REVIEW COMMITTEE TO APPROVE THE EMERGENCY RESPONSE AMNESTY POLICY


F17rs Sgr No. 1 (Bus Route), Bret Chalpin, Grey Bianca Oct 2017

F17rs Sgr No. 1 (Bus Route), Bret Chalpin, Grey Bianca

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request one bus be added to the Tiger Trails Purple Bus Route.


F17rs Sgb No. 5 (Budget), Cassidy Riley Oct 2017

F17rs Sgb No. 5 (Budget), Cassidy Riley

Student Senate Enrolled Legislation

A BILL

to ammend the Student Government budget.


F17rs Sgb No. 4 (Reapportionment), Jordan Landry Oct 2017

F17rs Sgb No. 4 (Reapportionment), Jordan Landry

Student Senate Enrolled Legislation

A Bill

To Amend the Student Government Constitution Regarding the Effective Date of Student Senate Apportionment


F17rs Sgr No. 6 (Library Committee), Jaylon Bond, Sarah Oliver Oct 2017

F17rs Sgr No. 6 (Library Committee), Jaylon Bond, Sarah Oliver

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the formation of a Student Committee to provide input on library renovations and other services offered by the library


F17rs Sgr No. 7 (Syllabus Database), Ahmad El-Rachidi, Cassidy Riley Oct 2017

F17rs Sgr No. 7 (Syllabus Database), Ahmad El-Rachidi, Cassidy Riley

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request Information Services to better promote the syllabus database to students as well as to make it more easily accessible to students by adding a link to the myLSU website homepage


F17rs Sgcr No. 26 (Bell Tower), Johnathon Price Oct 2017

F17rs Sgcr No. 26 (Bell Tower), Johnathon Price

Student Senate Enrolled Legislation

A CONCURRENT RESOLUTION

To place a referendum before the Louisiana State University Student Body in the Fall 2017 election that outlines a new student initiative to fund the LSU Military Excellence Commission for the Restoration of Memorial Tower.