Legislation Commons^™

Quintinsky V. Knesset (Summary), Noam Sohlberg, Miriam Naor, Neal Hendel, Esther Hayut, Meni Mazuz

Translated Opinions

The petitions challenged the Multiple Apartments Tax Arrangement (hereinafter: the Tax Arrangement) in Chapter XII of the Economic Efficiency (Legislative Amendments for the Implementation of the Economic Policy for Budget Years 2017 and 2018) Law, 5777-2016 (hereinafter: the Economic Efficiency Law), which imposed a designated tax upon owners of multiple apartments whose aggregate rights in the apartments was 249% or more. Under the Tax Arrangement, a holder of apartments to the said extent would be subject to a tax of 1% of “the determining amount” for each apartment held, exclusive of two apartments as he may choose. The Petitioners argued …

Private Enforcement Of Company Law And Securities Regulation In Korea, Hwa-Jin Kim

Book Chapters

This chapter offers a brief overview of the private enforcement of corporate law and securities regulation in Korea, with particular reference to the current legislative efforts in the Korean National Assembly and recent court cases. This chapter also talks about Korea’s ill-fated and misguided adoption of the fraud-on-the-market theory in securities fraud litigation.

The Temptation Of Executive Authority: How Increased Polarization And The Decline In Legislative Capacity Have Contributed To The Expansion Of Presidential Power, Edward G. Carmines, Matthew Folwer

Indiana Journal of Global Legal Studies

This paper argues that our increasingly polarized politics has led to political stalemate and policy gridlock in Congress which, in turn, have contributed to a change in the balance of power between the executive and legislative branches of government; specifically, executive power has increased at the expense of a diminished legislature. The paper will trace the extent to which Congress has become increasingly polarized and how this increased polarization has reduced Congress's capability and productivity while simultaneously increasing policy gridlock resulting in the expansion of executive power (and judicial authority) relative to legislative authority

The Domino Effect: How Inadequate Intellectual Property Rights In The Fashion Industry Affect Global Sustainability, Cassandra Elrod

Indiana Journal of Global Legal Studies

This note discusses an unexplored problem at the nexus of fashion and intellectual property law: how "fast fashion" leads to unsustainability of global resources and human rights issues pertaining to overseas manufacturing facilities. This unnecessary chain of events could be avoided if fashion designers were granted more substantial intellectual property rights rather than an overall lack of protection. Instead of turning a blind eye to the consequences of consumer demand and "fast fashion," Congress needs to address these issues head on through legislation that mirrors some of the copyright protections afforded fashion designers overseas

19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are …

The Dubious Empirical And Legal Foundations Of Wellness Programs, Adrianna Mcintyre, Nicholas Bagley, Austin Frakt, Aaron Carroll

Articles

The article offers information on the dubious empirical and legal foundations of workplace wellness programs in the U.S. Topics discussed include enactment of Affordable Care Act for expanding the scope of incentives availas; analysis of financial incentives offered to the employees for encouraging their participation in wellness programs; and targeting incentives specifically toward individuals diagnosed with chronic diseases.

Compensatory Damages Are Not For Everyone: Section 1997e(E) Of The Prison Litigation Reform Act And The Overlooked Amendment, Eleanor M. Levine

Notre Dame Law Review

Since the 2013 Amendment was passed, courts have continued to split regarding how to interpret § 1997e(e), but they have failed to consider whether the 2013 Amendment alters the meaning or clarifies Congress’s intentions with respect to § 1997e(e). This Note argues that the 2013 Amendment changes the plain meaning of § 1997e(e) such that it could lead to different outcomes in cases on both sides of the circuit split, ultimately concluding that it shows Congress intended the more restrictive interpretive approach to prevail. This Note further illustrates how the 2013 Amendment fails to adhere to the goals of either …

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Parliament Hearing A Chance To Bring Closure To 38 Oxley Rd, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In Parliament on Monday, Prime Minister Lee Hsien Loong will attempt to rebut the grave allegations on the conduct of his office and the integrity of the Government levelled by his younger siblings, Mr Lee Hsien Yang and Dr Lee Wei Ling.

Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen

Pace Environmental Law Review

This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation Co. v. …

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

• U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).

• U.S. Department of the Interior, Office of the Solicitor, Opinion of June 3, 1924, M-12501, M-12529 (cited …

Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law

University of Michigan Journal of Law Reform

This Article takes an in-depth look at the evolution of cybersecurity information sharing legislation, leading to the recent passage of the Cybersecurity Information Sharing Act (CISA) and offers insights into how automated information sharing mechanisms and associated requirements implemented pursuant to CISA can be leveraged to help ensure liability protections when engaging in cyber threat information sharing with and amongst other non-federal government entities.

A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez

Nevada Supreme Court Summaries

NRS 62C.240 is triggered when circumstances surrounding a juvenile’s arrest plainly demonstrate that the juvenile was arrested for prostitution or solicitation even if the juvenile is charged with offenses other than prostitution or solicitation.

Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos

Articles

In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current controversy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …

Care Of The Terminally Ill Patient In India: Comments On The Proposed Legislation, Aju Mathew, M. R. Rajagopal

Internal Medicine Faculty Publications

No abstract provided.

The New Unconstitutionality Of Juvenile Sex Offender Registration: Suspending The Presumption Of Constitutionality For Laws That Burden Juvenile Offenders, Spencer Klein

Michigan Law Review

In Smith v. Doe, the Supreme Court held that Alaska’s sex offender registration and notification statute did not constitute punishment and was therefore not susceptible to challenge under the Ex Post Facto Clause. In reaching that conclusion, the Court looked to the seven factors articulated in Kennedy v. Mendoza-Martinez. To evaluate those factors, the Court applied a presumption of constitutionality, conducting the sort of narrow factual inquiry characteristic of rational basis review. Since Smith, courts have disagreed as to whether sex offender laws are punitive when applied to juveniles, and the Supreme Court has not yet addressed …

Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack

Michigan Law Review

For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for …

More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck

Capstone Collection

Emma Shattuck – PIM 75

MORE WOMEN IN PARLIAMENT: ADVOCACY LESSONS LEARNED

FROM THE GEORGIAN WOMEN’S TASK FORCE ON POLITICAL PARTICIPATION

May 2017

This Policy Advocacy Course-Linked Capstone is a case study of an on-going advocacy campaign to increase women’s political participation in the Republic of Georgia’s Parliament. It tells the story of a dedicated group of advocates who are determined to help Georgian women’s voices be heard in a primarily male-dominated political context. Drawing on my personal experience living and working in Tbilisi, Georgia, and based on comprehensive key informant interviews with leaders of the campaign, I analyze the …

Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark

Louisiana Law Review

The article focuses on the mobile home eviction laws in Louisiana and discusses disparate application of Louisiana's eviction laws to mobile home owners, background on mobile homes and the demographics of the people who own these homes; and problems caused by these laws to mobile home owners.

Theory For A Starving Obese, Ishai Shapira Kalter

Theses and Dissertations

Theory for a Starving Obese (2017) is both a book and an installation. During the years 2015-2017 I began writing Theory for a Starving Obese; a collection of essays and art criticism about exhibitions that took place in white cubes in New York. I was following my dissatisfaction, and hoped to delve deeper into the question “What is Contemporary Art?” At the end of a process, I sent seventeen envelopes to artists who exhibited solo shows in New York and whose works I have criticized. Each envelope consists of one digital drawing (שרבוט, pronounced Shirbut), DVD with the …

Revisiting Popular Action, Raúl Sánchez Gómez

DePaul Journal for Social Justice

No abstract provided.

Toiling In Trump's Vineyard Of Alternative Facts Lining Its Random Walk, David J. Cook

DePaul Journal for Social Justice

No abstract provided.

The Erosion Of Civil Rights Remedies: How Ashcroft V. Al-Kidd Altered Qualified Immunity, Madeleine Sharp

DePaul Journal for Social Justice

No abstract provided.

Measuring “Progress” And “Regress” In Human Rights: Why We Need A Set Of Social Contract Measures To Replace Indices Of Violations And Slogans, David Lempert

DePaul Journal for Social Justice

No abstract provided.

Criminal Selectivity In The United States: A History Plagued By Class & Race Bias, Valeria Vegh Weis

DePaul Journal for Social Justice

No abstract provided.

Asian Americans And The Law: Sharing A Progressive Civil Rights Agenda During Uncertain Times, Harvey Gee

DePaul Journal for Social Justice

No abstract provided.

A Letter From The Editors, Depaul Journal For Social Justice Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.