Legislation Commons^™

Why The States Should Enact The Revised Uniform Arbitration Act, Francis J. Pavetti

Pepperdine Dispute Resolution Law Journal

This article responds to concerns raised regarding the Revised Uniform Arbitration Act (RUAA), noting that such concerns appear to be based on misplaced assumptions and misconceptions.

Contracting Around Ruaa: Default Rules, Mandatory Rules, And Judicial Review Of Arbitral Awards, Christopher R. Drahozal

Pepperdine Dispute Resolution Law Journal

By specifying that its provisions generally are default rules and listing particular exceptions, the Revised Uniform Arbitration Act (“RUAA”) provides much needed certainty and avoids unnecessary litigation, at least compared to the Federal Arbitration Act, which does not always identify which of its provisions are default rules. In one important respect, however, RUAA jettisons that valuable certainty. The RUAA drafters left open (or at least sought to leave open) the question whether parties can contract to expand the grounds for judicial review of arbitration awards beyond those set out in the statute. In other words, the drafters purported not to …

The 2000 Revision To The Uniform Arbitration Act: A Harbinger?, Timothy J. Heinsz

Pepperdine Dispute Resolution Law Journal

On August 3, 2000, the National Conference of Commissioners on Uniform State Laws (NCCUSL) unanimously passed major revisions to the Uniform Arbitration Act (UAA). These revisions are the first substantive changes in 55 years to the UAA, which in some form is the basis of arbitration law in 49 jurisdictions. The federal counterpart to the UAA, the Federal Arbitration Act (FAA), has not been amended in any substantial fashion for nearly 75 years. Between Congress's passage of the FAA in 1925 and NCCUSL's approval of the UAA in 1955 and the NCCUSL's approval of the Revised Uniform Arbitration Act (RUAA) …

Uniformity In Adr: Thoughts On The Uniform Arbitration Act And Uniform Mediation Act, John M. Mccabe

Pepperdine Dispute Resolution Law Journal

Private resolution of disputes, now thought of as alternate dispute resolution, has a lengthy history in American law. The National Conference of Commissioners on Uniform States Laws (NCCUSL) has been a contributor to that history for about as long as there has been a history, promulgating the first uniform law on arbitration in 1925. Today the Conference continues its commitment to private dispute resolution with a new momentum, having recently completed its most comprehensive revision of the Uniform Arbitration Act, and having completed its first Uniform Mediation Act. Both acts are important to the way that American law is being …

Patents And Regulatory Exclusivity, Rebecca S. Eisenberg

Book Chapters

This article reexamines the sources of exclusivity for drugs, considers their limitations, and evaluates exclusivity under the new biologics legislation in light of these limitations. The current overlapping legal protections for exclusivity in the pharmaceutical marketplace reflect a series of political compromises, repeatedly renegotiated to correct for unintended consequences in the previous version of the rules. Patents and patent challenges play a central role in this system of protection, and many of the patents at stake are ultimately held invalid in litigation. It is not easy to untangle a complex legal regime that allocates billions of dollars of profits. But …

The Canon At The Water's Edge, Thomas B. Bennett

Faculty Publications

What motivates substantive presumptions about how to interpret statutes? Are they like statistical heuristics that aim to predict Congress's most likely behavior, or are they meant to protect certain underenforced values against inadvertent legislative encroachment? These two rationales, fact-based and value-based, are the extremes of a continuum. This Note uses the presumption against extraterritoriality to demonstrate this continuum and how a presumption can shift along it. The presumption operates to diminish the likelihood that a federal statute will be read to extend beyond the borders of the United States. The presumption has been remarkably stable for decades despite watershed changes …

Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine

Michigan Journal of Race and Law

Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of general …

Rluipa: What's The Use, Jason Z. Pesick

Michigan Journal of Race and Law

After Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which protects religious land use, many observers feared that the legislation would allow religious organizations to flout land-use regulations. Because RLUIPA defines "religious exercise" broadly, these observers feared the law would protect an array of nonworship uses, including commercial ventures, as long as a religious entity owned the land. More than a decade after RLUIPA's passage, this Note concludes that courts have not interpreted religious exercise as broadly as those observers feared. Courts have not, however, settled on a clear or consistent way of interpreting religious …

Private Standardization In Public International Lawmaking, Janelle M. Diller

Michigan Journal of International Law

The interplay between market forces and legal compulsion is as old as the Code of Ur-Nammu, yet the financial incentives for social conformity have never been more patent. In what may be its most ambitious effort yet, the International Organization for Standardization (ISO) recently launched the International Standard ISO 26000:2010 (ISO 26000) on social responsibility (SR), a new voluntary standard providing guidance to any organization on good practices in SR.2 ISO 26000 provides wide-ranging guidance on areas of social and environmental conduct that are relevant to public policy and regulation. The single ISO-branded package offers a new product that markets …

The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher

Indiana Law Journal

What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …

S12rs Sgb No. 5 (Bylaws), Caffarel, Ecker

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Bylaws

S12rs Sgfb No. 1 (Empower), Grashoff, Loga, Beadle, Wyatt, Ball, Buffington, Eastman, Montgomery

Student Senate Enrolled Legislation

A Finance Bill

To allocate Four thousand dollars ($4000) from the Student government Contingency account to fund the Greek board of Directors (GBOD) EMPOWER Leadership Program

S12rs Sgb No. 11 (Bylaws And Roo), Caffarel

Student Senate Enrolled Legislation

A BILL

To amend the Senate Rules of Order and the Student Government Bylaws

S12rs Sgfb No. 5 (Sustainable Edible), Wyatt

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate one-thousand, two-hundred and fifty-six dollars and fifty cents ($1,256.50) from the Student Senate General Contingency Account to fund the materials for the installation of Sustainable Edible Landscaping on campus.

S12rs Sgfb No. 2 (Aipac), Beadle, Landry

Student Senate Enrolled Legislation

A FINANCE BILL

To appropriate a maximum of $1,240.00 of the Student Senate Contingency fund to help with costs associated with Aubrey DeVillez, Myles Laroux, and Theodore Burnell Williams III attending the American Israel Public Affairs Committee Policy Conference March 3^rd-6^th, 2012 in Washington, D.C.

S12rs Sgb No. 9 (Cc Reqs), Neal, Mcgahee, Smitherman

Student Senate Enrolled Legislation

A BILL

to amend Article V of the student Government Bylaws

To require that all college councils host “Council Chats” for their respective colleges once per semester

S12rs Sgfb No. 4 (Environmentor), Beadle

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of two thousand four hundred dollars ($2,400.00) from the Student Government Contingency Account to EnvironMentors at LSU for Program expenses for its annual Louisiana universities marine consortium (LUMCON) trip

S12rs Sgb No. 8 (New Committees), Ecker, Beadle, Loga, Pace, O'Pry, Simon, Westbrook, Vaughn, Caffarel

Student Senate Enrolled Legislation

A BILL

To amend the Senate Rules of Order

S12rs Sgb No. 2 (Org Agenda Bylaws), Caffarel

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Bylaws

S12rs Sgb No. 4 (Budget), Beadle

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Budget to reflect the 2012 spring student body

full-time enrollment

S12rs Sgb No. 3 (Stf Bylaws), Senate

Student Senate Enrolled Legislation

A BILL

To approve the amendments to the Student Technology Fee Plan

S12rs Sgr No. 6 (Free Speech Rules), Covell, Glorioso

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgb No. 6 (Surplus), Beadle

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Bylaws

S12rs Sgr No. 8 (Smoking Receptacles), Bostick

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgfb No. 11 (Roar Into Involvement), Caffarel

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgfb No. 8 (Reference Center), Montgomery

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 1 (Loan Program), Caffarel

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 3 (Water Bottle Refill), Caffarel, Theriot

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 4 (Campus Transit Finals), Westbrook, Taylor

Student Senate Enrolled Legislation

No abstract provided.

S12rs Sgr No. 5 (Traffic Lights), Pace

Student Senate Enrolled Legislation

No abstract provided.