Legislation Commons^™

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.

Living Tiny Legally, James G. Rollin

Senior Honors Projects, 2010-2019

Over the last 40 years, the average new United States house has increased in size by more than 1,000 square feet, from an average size of 1,660 square feet in 1973 (earliest year available from the Census Bureau) to 2,687 square feet last year (Perry, 2016). In that same time period, there was a 91% increase in home square footage per inhabitant and a decrease in average household size. According to the U.S. Census Bureau, the average home in the United States costs approximately $358,000 to build, an increase of roughly $200,000 since 1998. Meanwhile, the average annual income in …

Case Study: Healthy Texas Women Program In The Abilene-Taylor County Public Health District, Saul Francisco Delgado

Electronic Theses and Dissertations

The public healthcare system faces continuous transformations and challenges of constant adjustments to the increasing usage of fee for service revenue and the decrease of federal investment to women’s healthcare services and to the safety net healthcare providers (Meit, 2013; Weisman, 1997).

In 2016, the Texas 84^th Legislation Session determined to consolidate two existing women’s healthcare service programs into one a single program: the Healthy Texas Women (HTW) program. The new women’s program is a preventative care program that provides services of family planning and chronic illness care under a complete fee for service reimbursement system as its sourse …

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Towards An Effective Regime Against Online Copyright Infringement In India, Ashwin Ramakrishnan

LLM Theses

With Internet usage on the rise, it is important for India to establish an effective regulatory regime to combat piracy and mass copyright infringement online. This thesis argues that, in the face of unique legal and cultural challenges specific to India, present laws in the country have failed to do so. Unless and until these challenges are met it will be difficult to have an effective mechanism that deals with online copyright infringement. Countries like the United States, Canada, Ireland, and France have all adopted different regulatory models. However, this thesis argues that each not only have significant limitations on …

Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch

University of Richmond Law Review

No abstract provided.

Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice

University of Richmond Law Review

No abstract provided.

Justice Scalia, The Nondelegation Doctrine, And Constitutional Argument, William K. Kelley

Journal Articles

Justice Antonin Scalia wrote two major opinions considering the nondelegation doctrine. In Whitman v. American Trucking Associations, he accepted and applied a very broad, indeed virtually unlimited, view of Congress's power to delegate authority to administrative agencies that was consistent with the Court's precedents since the New Deal. In his dissent in Mistretta v. United States, however, he concluded that the constitutional structure formally barred the delegation of naked rulemaking power to an agency that was untethered to other law execution tasks. This essay analyzes Justice Scalia's nondelegation jurisprudence in light of the general jurisprudential commitments he championed throughout his …

Federalism And The End Of Obamacare, Nicholas Bagley

Articles

Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and empirically informed understanding of how best to allocate power between the federal government and the states. For health reform, the conventional arguments in favor of a national solution have little resonance: federal intervention will not avoid a race to the bottom, prevent externalities, or protect minority groups from state discrimination. Instead, federal action is necessary to overcome the states’ fiscal limitations: their inability to deficit-spend and the constraints that federal law …

How A Bill Becomes A Law In Maine: Governor Lepage, The State Legislature, And The 2015 Opinion Of The Justices On The Veto Question, Connor P. Schratz

Maine Law Review

The battle between Governor Paul LePage and the Maine legislature in the summer of 2015 was one of the most contentious – and strangest – in state history. Hanging in the balance were over sixty pieces of legislation that the Governor insisted had been vetoed, and which senators and representatives of both parties claimed had become law. To resolve the issue, the Governor turned to the state Supreme Court, which unanimously decided in favor of the legislators in a nonbinding “Opinion of the Justices.” This case note explores that opinion, and comes to the conclusion that while the Court arrived …

Death With Dignity Legislation, Nicholas A. Spinella

The Catholic Lawyer

No abstract provided.

Death With Dignity Legislation, Most Reverend Walter F. Sullivan

The Catholic Lawyer

No abstract provided.

Legislative Activities Of 501(C)(3) Organizations, Lawrence N. Woodworth

The Catholic Lawyer

No abstract provided.

Classrooms & Curriculum, Devin Walz, Anh Doan, Cathy Tran, Loraina Galarza

Collin College Undergraduate Interdisciplinary Student Research Conference

Panel Chair: Lisa Roy-Davis

Papers Presented:

"Should the State of Texas Allow Public Universities and Colleges to Permit Guns on Campuses?" By Devin Walz

"Pets in the Elementary Classroom" by Anh Doan

"Technology Case Study of K-12 Students" by Cathy Tran

Abstract: Technology is an exponentially revolutionizing tool that has pushed all aspects of society to adapt and grow in the time known as the “Information Age”. The way that humans process information, and the speed at which humans can process information, with technology allows humans to grow more efficiently and effectively. Technology is continually designed to become more optimal …

Obesity Prevention Policies At The Local Level: Tobacco's Lessons, Paul A. Diller

Maine Law Review

For at least a decade, commentators have speculated that obesity is the next tobacco, a public health scourge that might nonetheless offer a gold mine to ambitious plaintiffs’ lawyers. Successful lawsuits, as in the tobacco context, might spur the food industry to reform its practices so as to help reduce the alarmingly high national obesity rate. The obesity narrative, however, has not played out accordingly to the same script as tobacco. Relatively quick action by most state legislatures immunized the food industry to tort lawsuits seeking obesity-related damages, and the scant judicial opinions on the issue have skeptically assessed plaintiffs’ …

The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian

Journal of the National Association of Administrative Law Judiciary

While reading this article, two questions should be kept in mind: (1) why the Court held that the TSA promulgated whistleblowing regulation was not considered to have the force and effect of law, and how that effects other regulations, and (2) how should the Supreme Court respond if a conflict of congressional intent and statutory interpretation arises within another regulatory or administrative agency's internal scheme for regulating such issues? With a careful analysis of statutory interpretation and determining congressional intent, and some luck, this article will try to answer these questions. Ultimately, what we will find is that although Congress …

California Propositions 62 & 66 As Misguided Models For The Capital Punishment Debate: The Argument For The Inclusion Of Catholic Social Teaching And Other Religious Denominations In The Discussion And A Proposed Solution, Cornelius V. Loughery

Journal of Legislation

No abstract provided.

Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase

Journal of Legislation

No abstract provided.

Systemic Governmental Recalcitrance In Regulating Confidentiality Under The Child Abuse, Prevention & Treatment Act (Capta): A Case Study, William Wesley Patton

Journal of Legislation

In 2003, Congress amended the Child Abuse, Prevention and Treatment Act (CAPTA) to provide states with more flexibility in designing open child dependency hearings. The Federal Children’s Bureau has interpreted those amendments as a congressional waiver of CAPTA confidentiality in open court proceedings, and there-fore, currently tens of millions of abused and neglected children no longer have federal protection from being re-traumatized by disclosure of confidential CAPTA child welfare case information. This article demonstrates that the Children’s Bureau’s statutory interpretation is inconsistent with congressional intent and that states are still mandated to reasonably prevent the republication of confidential data by …

The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton

Journal of Legislation

No abstract provided.

The Classical Avoidance Canon As A Principle Of Good-Faith Construction, Brian Taylor Goldman

Journal of Legislation

No abstract provided.

Two Steps Forward, One Step Back: The Defend Trade Secrets Act Of 2016 And Why The Computer Fraud And Abuse Act Of 1984 Still Matters For Trade Secret Misappropriation, Patrick J. Manion

Journal of Legislation

No abstract provided.

S17rs Sgfb No. 10 (24 Hour Student Union), Joseph Impastato, Alexandra Powajbo

Student Senate Enrolled Legislation

to allocate a maximum of eight hundred fifty dollars and zero cents ($850.00) from the Student Government Initiatives account to fund the security costs for the Student Union’s extended hours during the Spring 2017 final examination period

S17rs Sgfb No. 14 (Coffee Sleeves), Sarah Perkins, John Fourcade

Student Senate Enrolled Legislation

To allocate a maximum of two hundred eighty-five dollars and sixty cents ($285.60) from the Student Government Initiatives account to fund 3,600 coffee sleeves to raise awareness of sexual violence through the We’re Committed campaign.

S17rs Sgfb No. 1 (Sigma Tau Delta), Andrew Bell, Gabriel Chatelain

Student Senate Enrolled Legislation

To allocate a maximum of four thousand dollars and zero cents ($4,000.00) from the Student Government Legislative Contingency Account to fund five (5) members of Sigma Tau Delta to attend the 2017 Sigma Tau Delta International convention in Louisville, Kentucky from March 29-April 2, 2017

S17rs Sgfb No. 17 (Lsu Care Remembrance Ceremony), Andrew Bell

Student Senate Enrolled Legislation

To allocate a maximum of eight hundred ninety dollars and eighty five cents (890.85) from the Legislative Contingency Account to fund the LSU C.A.R.E.S Remembrance Ceremony

S17rs Sgb No. 9 (Amend Psif Bylaws), Cassidy Riley

Student Senate Enrolled Legislation

To amend the Programming, Support, and Initiatives Fund (PSIF) bylaws

S17rs Sgfb No. 4 (Lsu Vet School To Attend Savma), Alexandra Ford

Student Senate Enrolled Legislation

To allocate a maximum of five thousand four hundred dollars and zero cents ($5,400.00) from the Student Government Legislative Contingency account to fund the registration of a maximum of sixty students from the Louisiana State University School of Veterinary Medicine to attend SAVMA Symposium at Texas A&M, March 16-18